Agenda — Indio City Council, July 15, 2026 (part 4 of 10)

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However, Contractor shall not be responsible for assuming responsibility for repairing or restoring damage caused by an Act of God as defined by Public Contract Code Sec. 7105 in excess of five (5%) percent of the total contract amount. It is specifically contemplated that the Authority, its officers, employees, and invitees, will occupy and use portions of the work prior to final acceptance. Such occupancy shall not relieve Contractor of responsibility provided herein nor exonerate any surety or insurer of Contractor save and except for items of routine maintenance and repair.

D. GENERAL LIABILITY OF CONTRACTOR. Except as otherwise herein expressly agreed, Contractor shall do all the work and furnish all the labor, materials, tools, power and light, and appliances, necessary or proper for performing and completing the work herein required in the manner within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be for the purpose of explanation.

E. CLAIMS. This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to AUTHORITY.

SECTION 18. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by Authority as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Executive Director. Contractor shall provide Authority with copies of required policies upon request.

SECTION 19. ASSIGNMENT.

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assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the Authority, which may be given in the sole and absolute discretion of the Executive Director. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling Authority to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” Authority acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

If in the performance of its duties Contractor utilizes subcontractors or subcontractors, Contractor covenants that subcontracts, if any, shall contain a provision making subcontractors or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Contractor acknowledges and agrees that the Authority is an intended beneficiary of any work performed by any subcontractor or subcontractor for purposes of establishing a duty of care between any subcontractor or subcontractor and the Authority.

SECTION 20. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors / subcontractors, if any, assigned to perform the Services. Contractor shall notify Authority of any changes in Contractor’s staff and subcontractors / subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT.

A. TERMINATION FOR BREACH OF CONTRACT.

In the event that such notice is given, and, in the event such situation is not corrected, or satisfactory arrangement for correction is not made within ten (10) calendar days from the date of such notice, the Contract shall upon expiration of said ten (10) calendar days cease and terminate. In the event of any such termination, Authority shall immediately serve notice thereof upon the Surety and Contractor; and the Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of notice of termination, Authority may take over the work and prosecute the same to completion by Contract, or otherwise, for the account and at the expense of Contractor, and his Surety shall be liable to Authority for any excess cost occasioned Authority thereby, as hereinafter set forth.

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In the event Authority completes the work, or causes the work to be completed, as aforesaid, no payment of any sum shall be made to Contractor until the work is complete. The cost of completing the work, including but not limited to, extra contract costs, the costs of Authority forces, extra costs of administration and management incurred by Authority, either direct or indirect, shall be deducted from any sum then due, or which becomes due, to Contractor from Authority. If no sum sufficient to pay the difference between sums due to Contractor and the cost of completing the work, and there is a sum remaining due to Contractor after Authority deducts the aforementioned costs of completing the work, then Authority shall thereupon pay such sum to Contractor and his Surety.

No act by Authority before the work is finally accepted, including but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, claims of liquidated damages, occupation or acceptance of any part of the work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach by Contractor shall be construed to be a waiver, or to estop, Authority from acting pursuant to this paragraph upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of Authority pursuant to this paragraph are cumulative and in addition to all other rights of Authority pursuant to this Agreement and at law or in equity.

If Contractor should abandon the work under this Contract, or if the Contract or any portion of the Contract should be sublet or assigned without the consent of the Board, or if the Authority Engineer should be of the opinion that the conditions of the Contract in respect to the rate of progress of the work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor should willfully violate or breach, or fail to execute in good faith, any of the terms or conditions of the Contract, or if Contractor should persistently refuse or fail to supply enough properly skilled labor or materials, or fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances, or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the Board may give Contractor and his Surety written notification to immediately correct the situation or the Contract shall be terminated.

B. Upon termination of this Agreement by either Contractor or Authority, all property belonging exclusively to Authority which is in Contractor’s possession shall be returned to Authority. Contractor shall furnish to Authority a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 5 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Compensation and Method of Payment” of this Agreement.

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C. Upon written notice, Authority may suspend all or any portion of Contractor’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. Authority will pay to Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. Authority may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement.

Contractor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

D. TERMINATION FOR CONVENIENCE. Authority may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress.

E. In addition to any other rights it may have, Authority may terminate this Contract at any time after the Completion Date as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to Authority for liquidated damages for all periods of time beyond such termination date until the work is completed.

F. Upon termination of this Agreement by either Contractor or Authority, all property belonging exclusively to Authority which is in Contractor’s possession shall be returned to Authority. Contractor shall furnish to Authority a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 5 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Compensation and Method of Payment” of this Agreement.

SECTION 22. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the Authority shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the Authority may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Contractor is in default, the Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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Authority shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the Authority may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the Authority may take necessary steps to terminate this Agreement under Section 21 “Termination of Agreement.” Any failure on the part of the Authority to give notice of the Contractor’s default shall not be deemed to result in a waiver of the Authority’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 23. CLAYTON AND CARTWRIGHT ACTS.

CONTRACTOR and any and all subcontractors offer and agree to assign to the AUTHORITY all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profession Code) arising from purchases of goods, services or materials pursuant to the public works contract or any subcontract.

SECTION 24. COOPERATION BY AUTHORITY.

All public information, data, reports, records, and maps as are existing and available to Authority as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 25. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To Authority: Indio Water Authority
Attn: Executive Director
100 Civic Center Mall
Indio, CA 92201
To Contractor: Mariposa Landscapes, Inc.
6232 Santos Diaz St.

Irwindale, CA 91701
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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 26. RECORD AUDIT.

In accordance with Government Code section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SECTION 27. FINAL PAYMENT.

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by Agency to Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final certificate for payment has been issued by the Authority.

SECTION 28. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT
In the event Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the Contractor for a period of three (3) calendar days after receipt of written demand from Agency or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute its work and all parts thereof in a diligent and workmanlike manner, then the Agency may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the Agency to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the Agency, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from Agency, or Contractor shall pay Agency the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the Agency.

SECTION 29. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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and to bind Contractor to the performance of its obligations hereunder. Should signatory of this Agreement be unauthorized to bind Contractor, such signor shall be personally liable for the obligations set forth in this Agreement.

SECTION 30. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the Executive Director or his or her designated representative. The Executive Director shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 33 “Amendment” and the Executive Director’s contracting authority under the Indio Municipal Code.

SECTION 31. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 32. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by Authority. The Executive Director shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the Executive Director’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the Board. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 33. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by Authority of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 34. LAW TO GOVERN.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 35. LIQUIDATED DAMAGES.

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Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Project Schedule, it is understood, acknowledged, and agreed Agency will suffer damage. It is therefore agreed that Contractor shall pay to Agency the sum of N/A for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Project activity.

Contractor expressly understands, acknowledges, and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule. If the Agency accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, Contractor further agrees that Agency may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the Agency’s ability to seek other damages.

Contractor is to refer to Project Schedule for duration of individual activities.

Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Schedule, unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.

SECTION 36. SUBSURFACE HAZARDOUS MATERIALS.

A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify Agency in writing of any:

1. Material that Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Agreement.

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B. Upon receipt of said notification, Agency will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the Project, the Agency will issue a change order under the procedures described in the General Conditions.

C. In the event a dispute arises between the Agency and the Contractor whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the Contractor's cost of or time required for performance of any part of the Project, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

SECTION 37. BONDS; SECURITY.

Contractor shall furnish security in a form approved by the Authority Engineer to guarantee faithful performance of the Contract and to secure payment of claims of laborers, mechanics, materialmen and other persons. Such security may be in the form the form set out in the Notice of Bids or other Contract Specification, which bonds are incorporated into this Agreement.

SECTION 38. CORPORATION IN GOOD STANDING.

If Contractor is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Terry Noriega whose title is President, is authorized to act for and bind the corporation.

SECTION 39. CONTRACTOR’S LICENSE.

Contractor must possess at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing. Contractor shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

SECTION 40. COMPLIANCE WITH STATUTES AND REGULATIONS.

Contractor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.

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SECTION 41. PROVISIONS REQUIRED BY LAW.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

SECTION 42. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 43. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and Authority prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 44. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 45. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Contractor shall comply with the requirements of Addendum “2” “Federal Funds.” Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

INDIO WATER AUTHORITY
________________________
Bryan H. Montgomery
Executive Director
ATTEST:

SECRETARY
By: ___________________________
Sabdi Sanchez, MMC
Director of City Clerk Services
APPROVED AS TO FORM:

GENERAL COUNSEL
By: ___________________________
Steven Graham Pacifico
General Counsel
CONTRACTOR:

MARIPOSA LANDSCAPES, INC.

By:

Terry Noriega
President
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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES

LANDSCAPE MAINTENANCE AND SERVICES PROJECT
ATTACHMENT 1 - DESCRIPTION OF MAINTENANCE ITEMS

1. Irrigation Insp. – Inspect all irrigation components, including, controllers, laterals and heads.

2. R & R Line/Heads – Remove and Replace defective irrigation laterals and heads.

3. Rockscape – Inspect condition of rockscape areas. Scope of work shall include weeding, spraying, pre-emergent application and additional rock as needed. Rock consists of either ¾-inch minus gravel or decomposed granite (DG).

4. Decorative Stone – Replace discharged and/or damaged decorative stone fascia panels.

5. Greenscape - Greenscape areas include items such as trees, shrubs, and ground cover planting. The maintenance work involves weeding and pruning trees, shrubs, ground cover plants.

6. Weed Abatement - Weed abatement all other areas indicated work involves spraying and pre-emergent application.

7. R & R Trees/Shrub - Remove and replace trees and shrubs that are diseased or died. The IWA will reimburse the Contractor for the cost of trees. Submit invoice for payment, plus 10% Overhead Cost.

8. Palm Trees – Pruning/trimming yellow, brown and broken fronds, along with any palm flowers and fruit stalks.

9. Spray Roundup/Nutgrass – Spray Roundup. Includes, but not limited to, spraying for nutgrass and broad leaf plants.

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Exhibit A – Scope of Services
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10. Inspect Facility – Inspect facilities and infrastructure for condition and provide written comments to IWA Service Contract Administrator.

Facilities include buildings, asphalt and concrete parking lots, fence enclosures and block walls.

11. Manual Gates – Inspect and maintain manual swing or sliding gate and report condition and repairs in writing.

12. Auto Gates – Inspect and maintain automatic sliding gates and swing gates and report condition. Report condition and repairs in writing.

13. Photo/Limit Switch – Inspect security system photo and limit switches and report condition. Adjust limit switches and clean circuit boards.

14. Gate Wheels – Inspect condition of gate (roller) wheels for access gates and report condition. When needed make recommendations for repairs in writing.

15. Lube Chain – Inspect access gate chains and report condition.

Lubricate chain.

16. Landscape Lighting – Inspect and maintain landscape lighting. Replace bulbs and perform other minor routine maintenance as needed.

17. Soil - Inspect condition of soil areas where Rockscape is not present.

Scope of work shall include weeding, spraying, and pre-emergent application.

18. Soil Stabilizer – Apply soil stabilizer for dust control on vacant lots.

19. Pesticide and Pest Control – Apply pesticide at all facilities, includes indoor and outdoor perimeter of buildings, fence enclosures and block walls to control insect infestation, rodent control and bird management.

Existing Finished Surface – Inspect the condition of the finish grading. Finish grades shall be uniformly graded, free of abrupt changes in grade and depressions to accommodate surface drainage and avoid ponding of runoff.

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Exhibit A – Scope of Services
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Exhibit A – Scope of Services
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Exhibit B – Compensation
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EXHIBIT “B”

COMPENSATION
Authority agrees to pay, and Contractor agrees to accept a Not-to Exceed amount $63,732.00.

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Addendum 3 – Bonds
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ATTACHMENT C - INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to Agency.

Without limiting Contractor’s indemnification of Agency and/or the Indemnified Parties and prior to commencement of the Project, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.
[Note: Consideration should be given to appropriateness of limits required based on the size of project and risks associated with the constructionrelated activities.] General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. [If required to meet higher limits].

Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

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 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;  “Pay on behalf of” wording as opposed to “reimbursement”;  Concurrency of effective dates with primary policies.

Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.

Contractor’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.

Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Builder’s risk (course of construction). Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder’s risk (course of construction) coverage for the entire duration of the Project until only the Agency has an insurable interest. The builder’s risk coverage shall include the following:

The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area.

Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

Installation floater. If required by the Agency or not covered by builders’ risk (course of construction) coverage, Contractor shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by Contractor. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must include property of others in the Contractor’s care, custody, or control. In addition to Contractor, the Agency and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.

Other provisions or requirements.

Proof of insurance. Contractor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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to require complete, certified copies of all required insurance policies, at any time and Contractor agrees to provide the same.

Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, subcontractors or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. Agency and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Agency, its officials, officers, agents, and employees, shall be included as additional insureds under the products and completed operations coverage.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Contractor or Agency will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the Agency immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the Project by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Contractor under this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency in writing, Contractor may still be able to utilize the subcontractor provided Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this Agreement. This provision does not relieve the Contractor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this Agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.

Agency’s right to revise requirements. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency and Contractor may renegotiate Contractor’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project.

1. MINIMUM LIMITS OF INSURANCE.

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INDIO WATER AUTHORITY

CONTRACT DOCUMENTS
FOR

LANDSCAPE & MAINTENANCE SERVICES
PROJECT NO. WT-WALM25

BID DATE
May 27, 2025 at 3:00 P.M.

Approved by: ____________________________________
Indio Water Authority
General Manager
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IWA Project: WT-WALM25 Indio Water Authority
FOR

LANDSCAPE & MAINTENANCE SERVICES
Project number: WT-WALM25
NOTICE IS HEREBY GIVEN that the Indio Water Authority, IWA invites sealed Bids for the Project. IWA will receive such Bids at the offices of the Indio Water Authority located at, 83-101 Avenue 45, Indio, California 92201 up to 3:00 PM on May 27, 2025, at which time they will be opened and read aloud.

All bids must be made on the forms furnished by the Indio Water Authority with the Project name and Identification number typed or clearly printed on the lower left corner of the package. Each bid must be submitted in a sealed package addressed to the Administrative Coordinator of the IWA. Bids must remain valid and shall not be subject to withdrawal for sixty (60) Days after the bid opening date.

INCORPORATION OF STANDARD SPECIFICATIONS. The latest
Contract Documents, is incorporated into the Contract Documents by reference. A copy of these specifications can be obtained at www.bnibooks.com.

SCOPE OF WORK. The Authority is requesting bids from qualified landscape maintenance firms to provide twice per month landscape maintenance and other related work (October through March) and twice per month landscape maintenance and related work (April through September) consists of maintenance inspection, weed abatement, maintenance of irrigation systems, pruning of trees, shrubs, and other related activities. In addition, the work involves routine maintenance of the manual or automated gate systems for each locality. Refer to Special Provisions and Attachment 1 Description of Items , Attachment 2 - Location of Facilities, Attachment 3 Maintenance Description and attachment 4 Existing Lots for Future Wells for specific scope of work requirements and site locations.

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

OBTAINING OR INSPECTING CONTRACT DOCUMENTS: Contract Documents may be inspected by contacting:

Indio Water Authority
Attn: Roman Gonzalez
83-101 Avenue 45
Indio, CA 92201
Phone: 760-625-1822
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IWA Project: WT-WALM25 Indio Water Authority
[email protected] Or going to the following website: https://www.indio.org/business/request-for-proposalsrfps REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

PREQUALIFICATION. Bidders shall be considered prequalified if the bidder meets the minimum -2 Minimum
PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a 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 n of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.

BONDS.

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

NON-MANDATORY PRE-BID MEETING AND SITE VISIT. A Mandatory Pre-Bid and Site Visit are not required for this project.

LICENSES. Each Bidder shall possess a valid Class Cissued by the California State Contractors License Board at the time of the Bid submission. The successful Contractor must also possess a current City of Indio business license.

RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the IWA or with a State or federally chartered bank as escrow agent, which shall then pay such Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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IWA Project: WT-WALM25 Indio Water Authority
moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the IWA make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

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

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

LIQUIDATED DAMAGES. Refer to Special Provisions.

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

By: _____________________________ ___________________________________ IWA Engineer Date
Indio Water Authority
5/ /25
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INDIO WATER AUTHORITY

CONTRACT DOCUMENTS
FOR

LANDSCAPE & MAINTENANCE SERVICES
PROJECT NO. WT-WALM25

BID DATE
May 27, 2025 at 3:00 P.M.

Approved by: ____________________________________
Indio Water Authority
General Manager

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PROJECT OVERVIEW SHEET

INDIO WATER AUTHORITY

LANDSCAPE & MAINTENANCE SERVICES
Identification number: WT-WALM25
Liquidated Damages: Refer to Special Provisions.

Bid Opening Date: May 27, 2025 at 3:00 P.M.

City of Indio/Indio Water Authority
83-101 Avenue 45 Indio, CA 92201
Requests for Information: Questions must be in writing and submitted by 3:00 P.M. on, Thursday, May 15, 2025 to
[email protected])
Anticipated Contract Award*: June 18, 2025
Anticipated Construction Start Date*: July 1, 2025 – Notice to Proceed Required Contractor License: Class C-27 Landscape Contractor’s license Obtain Bid Package: Complete sets of the bidding documents may be accessed online at:
https://www.indio.org/business/request-forproposals-rfps Vendor Registration: N/A
Non-Mandatory Pre-Bid Meeting: N/A
[Passcode:]* These dates are subject to change.

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Page
NOTICE INVITING BIDS ..........................................................................................................1 CHECKLIST FOR BIDDERS ....................................................................................................1 CONTRACT .............................................................................................................................1 CONTRACT ..............................................................................Error! Bookmark not defined.

GENERAL PROVISIONS .........................................................................................................1 SECTION 0. GENERAL PROVISIONS DEFINED ....................................................................1 SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,....................1 AND SYMBOLS........................................................................................................................1 SECTION 2. SCOPE OF THE WORK .....................................................................................2 SECTION 3. CONTROL OF THE WORK ................................................................................5 SECTION 4. CONTROL OF MATERIALS ...............................................................................5 SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES .................................................6 SECTION 6. PROSECUTION AND PROGRESS OF THE WORK ........................................11 SECTION 7. MEASUREMENT AND PAYMENT....................................................................11 SECTION 8. FACILITIES FOR AGENCY PERSONNEL.........................................................24 SECTION 9. ADDITIONAL TERMS........................................................................................24 SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION Error! Bookmark not defined.

SECTION 400 EXISTING IMPROVEMENTS ............................Error! Bookmark not defined.

SECTION 402 UTILITIES..........................................................Error! Bookmark not defined.

TECHNICAL SPECIFICATIONS................................................Error! Bookmark not defined.

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IWA Project: WT-WALM25 Indio Water Authority

NOTICE INVITING BIDS
FOR

LANDSCAPE & MAINTENANCE SERVICES
Project number: WT-WALM25
NOTICE IS HEREBY GIVEN that the Indio Water Authority, Indio, California (“IWA”) invites sealed Bids for the Project. IWA will receive such Bids at the offices of the Indio Water Authority located at, 83-101 Avenue 45, Indio, California 92201 up to 3:00 PM on May 27, 2025, at which time they will be opened and read aloud.

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

SCOPE OF WORK. The Authority is requesting bids from qualified landscape maintenance firms to provide twice per month landscape maintenance and other related work (October through March) and twice per month landscape maintenance and related work (April through September) for the Authority’s well sites, reservoir sites or other facilities. In general, the scope of work consists of maintenance inspection, weed abatement, maintenance of irrigation systems, pruning of trees, shrubs, and other related activities. In addition, the work involves routine maintenance of the manual or automated gate systems for each locality. Refer to Special Provisions and Attachment 1 – Description of Items , Attachment 2 - Location of Facilities, Attachment 3 – Maintenance Description and attachment 4 Existing Lots for Future Wells for specific scope of work requirements and site locations.

OBTAINING OR INSPECTING CONTRACT DOCUMENTS: Contract Documents may be inspected by contacting:

Indio Water Authority
Attn: Roman Gonzalez
83-101 Avenue 45
Indio, CA 92201
Phone: 760-625-1822

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[email protected]
Or going to the following website: https://www.indio.org/business/request-for-proposalsrfps REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

PREQUALIFICATION. Bidders shall be considered prequalified if the bidder meets the minimum qualifications as described in the Special Provisions under paragraph “SP-2 Minimum Qualifications and Requirements”.

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

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

NON-MANDATORY PRE-BID MEETING AND SITE VISIT. A Mandatory Pre-Bid and Site Visit are not required for this project.

LICENSES. Each Bidder shall possess a valid Class C-27 Landscape Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission. The successful Contractor must also possess a current City of Indio business license.

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moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the IWA make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

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

LIQUIDATED DAMAGES. Refer to Special Provisions.

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

By: _____________________________ ___________________________________ IWA Engineer Date
Indio Water Authority
5/6/25

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

REQUESTS FOR INFORMATION. All Requests for Information (RFIs) shall be submitted before 3:00 PM on May 15, 2025. RFIs must be submitted to [email protected].

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

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

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

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

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

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

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

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

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

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

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

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

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

EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in the form included in these Contract Documents within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all insurance and Bonds as herein specified, and provide copies to the IWA, within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder’s security. In such event, the IWA may declare the Bidder’s security forfeited to the extent permitted by law, and the IWA may award the Contract to the next lowest responsible Bidder or may reject all bids.

NO COMPENSATION FOR COSTS INCURRED PRIOR TO CONTRACT EXECUTION.

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

SIGNATURES. The Bidder shall execute all documents requiring signatures and shall cause to be notarized all documents that indicate such a requirement. Bids submitted as joint ventures must so state and be signed by each joint venturer. The Bidder shall provide evidence satisfactory to the IWA, such as an authenticated resolution of its board of directors, a certified copy of a certificate of partnership acknowledging the signer to be a general partner, or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom. Alternatively, Bids submitted by corporations must be executed as specified in Corporations Code Section 313, and Bids submitted by partnerships must be executed by all partners comprising the partnership.

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

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

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

Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents

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will be made only by a written Addendum. No oral interpretation of any provision in the Contract Documents shall be binding.

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

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

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

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

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

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

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

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

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CLAYTON ACT AND CARTWRIGHT ACT. In accordance with Section 7103 of the Public Contract Code and State Government Code 4551, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

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

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

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

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

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CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of Bid submission:
____ Completed and Signed Bid Cover Form
____ Completed and Signed Bid Sheets
____ Completed and Signed Questionnaire
____ Completed References Form
____ Resume of General Construction Superintendent/On-Site Construction Manager
____ Completed Subcontractor Designation Form
____ Completed and Signed Industrial Safety Record Form ____ Completed, Signed and Notarized Bid Bond or Other Security Form ____ Signed Non-collusion Declaration Form
____ Completed and Signed Addenda Acknowledgement Form
____ Evidence satisfactory to the IWA indicating the capacity of the person(s) signing the Bid to bind the Bidder.

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

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BID PROPOSAL

INDIO WATER AUTHORITY

LANDSCAPE & MAINTENANCE SERVICES

TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD OF THE INDIO WATER AUTHORITY:

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

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

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

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

Bidder’s Name: ___________________________________________________ Signature: ___________________________Title_____________ Date: __________________ Signature: ___________________________Title_____________ Date: __________________

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INDIO WATER AUTHORITY

BID SHEETS FOR
LANDSCAPE & MAINTENANCE SERVICES (Project)
Bidder’s Name: ____________________________________________________________ To the Honorable Chairperson and Members of the IWA Board:

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

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

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

TOTAL ANNUAL LUMP SUM BID PRICE – PERFORM TWICE PER MONTH LANDSCAPE

AND GATE MAINTENANCE (OCTOBER THROUGH MARCH) EACH YEAR TWICE PER

MONTH LANDSCAPE AND GATE MAINTENANCE (APRIL THROUGH SEPTEMBER) EACH YEAR IN ACCORDANCE WITH THE BID DOCUMENTS:

TOTAL BID PRICE IN DIGITS: $____________________
TOTAL BID PRICE IN WORDS: _________________________________________________ Signature: __________________________________ Title: ___________ Date: ______ Signature: __________________________________ Title: ___________ Date: ______

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QUESTIONNAIRE FORM
LANDSCAPE & MAINTENANCE SERVICES (Project)
Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder’s Name:
(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.
(3) Business Address:
(4) Telephone: Facsimile:
(5) Email:
(6) Type of Firm – Individual, Partnership, LLC or Corporation:
(7) Corporation organized under the laws of the State of:
(8) Work to be done by Subcontractors - California State Contractor’s License Number and Class:

Original Date Issued: Expiration Date:
(9) DIR Contractor Registration Number:
(10) List the name and title of the person(s) who inspected the Project site for your firm:
(11) List the name and title of the person(s) who attended the mandatory pre-Bid meeting for your firm, including the mandatory site visit (if any): _____________________________ (12) Number of years’ experience the company or their subcontractors have as a contractor in construction work:
(13) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Bid:

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List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Bid:
(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid:
(15) For all arbitrations, lawsuits, settlements, and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five (5) years:
a. List the names, addresses and telephone numbers of contact persons for the parties:
b. Briefly summarize the parties’ claims and defenses:
c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:

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IWA Project: WT-WALM25 Indio Water Authority
(16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain.
(17) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain.
(18) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a “termination of convenience”? If yes, explain. (19) For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions:
a. By you against the owner? Circle one: Yes No
b. By the owner against you? Circle one: Yes No
c. By any outside agency or individual for labor compliance? Circle one: Yes No
d. By Subcontractors? Circle one: Yes No
e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes No
If your answer is “yes” to any part or parts of this question, explain.

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Approve Amendment No. 1 to the Landscape and Maintenance Services Agreem... Page 709 of 1638 B-7
IWA Project: WT-WALM25 Indio Water Authority
(20) List the last three (3) projects you have worked on or are currently working on for the Indio Water Authority:

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

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

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

Company
Signature:

Title:

Date:

Signature:

Title:

Date:

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Approve Amendment No. 1 to the Landscape and Maintenance Services Agreem... Page 710 of 1638 B-8
IWA Project: WT-WALM25 Indio Water Authority

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

Project 1 Name/Number
Project Description ___________________________________________________________ Approximate Construction Dates From: ______________ To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 2 Name/Number
Project Description ___________________________________________________________ Approximate Construction Date From: ______________ To:

Agency Name:

Contact Person: Telephone:

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IWA Project: WT-WALM25 Indio Water Authority
Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Project 3 Name/Number
Project Description ___________________________________________________________ Approximate Construction Dates From: ______________ To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

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IWA Project: WT-WALM25 Indio Water Authority
Project 4 Name/Number
Project Description ___________________________________________________________ Approximate Construction Dates From: ______________ To
Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Project 5 Name/Number
Project Description ___________________________________________________________ Approximate Construction Dates From: ______________ To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

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IWA Project: WT-WALM25 Indio Water Authority
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 6 Name/Number
Project Description ___________________________________________________________ Approximate Construction Dates From: ______________ To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

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Approve Amendment No. 1 to the Landscape and Maintenance Services Agreem... Page 714 of 1638 B-12
IWA Project: WT-WALM25 Indio Water Authority
RESUME
LANDSCAPE & MAINTENANCE SERVICES (Project)
Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Project.

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IWA Project: WT-WALM25 Indio Water Authority
LANDSCAPE & MAINTENANCE SERVICES (Project)

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under which
Subcontractor is Licensed
and Registered
CSLB
License
Number(s)
and
Class(es)
DIR
Contractor
Registration
Number
Address and Phone Number Type of Work
(e.g., Electrical)
Percentage
of Total Bid
(e.g., 10%)*
* The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

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B-14
IWA Project: WT-WALM25 Indio Water Authority
LANDSCAPE & MAINTENANCE SERVICES (Project)

INDUSTRIAL SAFETY RECORD FORM
Bidder’s Name _______________________________________
Current Year
of Record 2024 2023 2022 2021 2020 Total
Number of contracts
Total dollar amount of
contracts (in thousands of
dollars)
Number of fatalities
Number of lost workday
cases
Number of lost workday
cases involving permanent
transfer to another job or
termination of employment
The above information was compiled from the records that are available to me at this time, and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records.

Signature:

Title:

Date:

Signature:

Title:

Date:

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B-15
IWA Project: WT-WALM25 Indio Water Authority
Bond No. _________

BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

LANDSCAPE & MAINTENANCE SERVICES (Project)

WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a Bid to IWA for the Work.

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

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the IWA in the penal sum of
Dollars ($ ), being not less than ten percent
(10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

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IWA Project: WT-WALM25 Indio Water Authority
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its:

By:

Its:
“Surety”
By:

Its:

By:

Its:

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

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IWA Project: WT-WALM25 Indio Water Authority
LANDSCAPE & MAINTENANCE SERVICES (Project)

NONCOLLUSION DECLARATION FORM

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code Section 7106]
The undersigned declares:

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

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

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________ [date], at ___________________________________________ [IWA], ______________________ [state].

Signature:

Printed Name:

Date:

Signature:

Printed Name:

Date:

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Approve Amendment No. 1 to the Landscape and Maintenance Services Agreem... Page 720 of 1638 B-18
IWA Project: WT-WALM25 Indio Water Authority
LANDSCAPE & MAINTENANCE SERVICES (Project)

ADDENDA ACKNOWLEDGMENT FORM
Bidder’s Name: ____________________________________
The Bidder shall signify receipt of all Addenda here, if any:

Addendum Number Date Received Signature
If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda.

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Approve Amendment No. 1 to the Landscape and Maintenance Services Agreem... Page 721 of 1638 LANDSCAPE & MAINTENANCE SERVICES (Project)

CONTRACT

CHECKLIST FOR EXECUTION OF CONTRACT TO BE SUBMITTED BY SUCCESSFUL BIDDER:

Authority will send Contract through DocuSign for signature(s) after Board approval and the following items are received.
____ Completed Contract
____ Evidence satisfactory to the IWA indicating the capacity of the person(s) signing the Contract to bind the Contractor.
_____ Executed and notarized Payment Bond in amount of the Contract ____ Executed and notarized Performance Bond in amount of the Contract ____ Workers’ Compensation Certificate
____ Liability insurance certificate in the amounts specified in Section 5-4.2 of the General Provisions, naming the IWA, et al., as additional insureds. ____ Automobile insurance certificate in the amount specified in Section 5-4.4 of the General Provisions, naming the IWA, et al., as additional insureds. ____ Copy of City of Indio business license
____ Additional insured endorsement – comprehensive general liability ____ Additional insured endorsement – automobile liability ____ Additional insured endorsement – excess liability

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LANDSCAPE AND MAINTENANCE SERVICES

AGREEMENT

BY AND BETWEEN

THE INDIO WATER AUTHORITY,

A JOINT POWERS AUTHORITY
AND
[CONTRACTOR],
A [STATE & TYPE OF COMPANY]
Form Approved January 2025

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PUBLIC WORKS AGREEMENT

FOR LANDSCAPE & MAINTENANCE SERVICES TO
BETWEEN THE INDIO WATER AUTHORITY AND [COMPANY]
THIS LANDSCAPE AND MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this __TH day of ___________, 2025 (“Effective Date”), by and between the INDIO WATER AUTHORITY (“Authority”), a joint powers authority and ___________, a [STATE AND TYPE OF CORP, partnership or sole proprietor licensed to do business in California( “Contractor”). For the purposes of this Agreement Authority and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. Authority has sought by formal bid process to contract for the performance of [TYPE OF SERVICES] construction/public works services pertaining to LANDSCAPE & MAINTENANCE SERVICES , defined and described particularly in Section 1 “Scope of Work” and Section 2 “Schedule of Performance” of this Agreement.

2. Contractor was selected by Authority to perform those services as the lowest responsive and responsible bidder.

3. The amount of this contract exceeds that allowed under Chapter 33.124 for informal construction contracts.

4. Pursuant to the Chapter 33.115 and following of the Indio Municipal Code, Authority has authority to enter into this Agreement pursuant to the approval of the Authority’s Governing Board (“Board”).

5. The Parties desire to formalize the selection of Contractor for performance of those services defined and described with particularity in Section 1 “Scope of Work” and Section 2 “Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. SCOPE OF WORK.

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This is a public works contract pursuant to the provisions of the California Public Contract Code and other California statutes. Definitions for the terms used are defined in the General Specifications for the Project; all days set out shall be calendar days unless otherwise provided.

A. Contractor shall perform within the time set forth in this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of [scope of work] for the Landscape & Maintenance Services (“Project”).

B. By entering into this Agreement, Contractor acknowledges there may be other contractors on the site whose work will be coordinated with that of its own.

Contractor expressly warrants and agrees it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the Agency, the [Construction Manager, the Architect, or utilities]. Contractor also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be direct action against the separate contractor. To the extent allowed by law, the Contractor will have no remedy, and hereby expressly waives any remedy against the Agency, [the Construction Manager, or the Architect] on account of delay, hindrance, interference, or other events caused by a separate contractor.

As used herein, “Construction Manager” shall mean [Name] and “Architect” shall mean [Name].]
SECTION 2. SCHEDULE OF PERFORMANCE.

A. COMMENCEMENT AND PROSECUTION OF WORK. CONTRACTOR shall begin work within TEN (10) working days of the date of the Notice to Proceed and shall diligently prosecute the same to completion before the expiration of ____________ (__) WORKING DAYS, after the date of Notice to Proceed. The phrase "commence the work" means to engage in a continuous program on-site including, but not limited to, site clearance, grading, dredging, land filling and the fabrication, erection, or installation of the work.

Said Notice to Proceed shall be issued following execution of the Agreement and the filing by Contractor of the required bonds and proof of insurance.

The continuous prosecution of work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.

B. TIME OF COMPLETION. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual

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Prime Contractors to AUTHORITY comprises the entire "Project" and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within _______ consecutive working days ("Contract Time").

C. EXTENSIONS OF TIME. In the event Authority deems it necessary, in its sole discretion, to extend the time of completion of work to be done under this Contract beyond the required Completion Date herein specified, such extensions shall in no way release any guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. By executing such bonds, the sureties shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any extension of time shall be limited to the period of excusable delay as defined herein giving rise to the same as determined by Authority Engineer.

D. EXCUSABLE DELAYS. For the purpose of these Contract Documents, the term "Excusable Delays" shall mean, and is limited to, delays caused directly by acts of God, acts of the public enemy, fires, riots, insurrections, epidemics, quarantine restrictions, strikes, lockouts, sit-downs, acts of a governmental agency, priorities or privileges established for the manufacture, assembly, or allotment of materials necessary in the work by order, decree, or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the work ordered by Authority insofar as they necessarily require additional time in which to complete the work; the prevention by Authority of Contractor from commencing or prosecuting the work because of the acts of others, excepting Contractor's subcontractors; or the prevention of Contractor from commencing or prosecuting the work because of a City-wide failure of public utility service.

The term "Excusable Delay" shall specifically not include: (1) any delay which could have been avoided by the exercise of case, prudence, foresight, and diligence on the part of Contractor; (2) any delay in the prosecution of parts of the work, which may in itself be unavoidable but which does not necessarily prevent or delay the prosecution of other parts of the work, nor the completion of the whole work within the time specified; (3) any reasonable delay resulting from time required by Authority for review of plans and submittals required of Contractor and for the making of surveys, measurements and inspections; and (4) any delay arising from an interruption in the prosecution of the work on account of the reasonable interference from

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other Contractors employed by Authority, which does not necessarily prevent the completion of the work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as determined by the Authority) but shall not under any circumstances increase the sum Authority is to pay Contractor as provided in these Contract Documents.

E. Contractor to Serve Notice of Delays. Whenever Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which Contractor regards as an excusable delay, he shall notify the Authority Engineer in writing of the probability of such delay and its cause, in order that the Authority Engineer may take immediate steps to prevent if possible the occurrence or continuance of the delay, or if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and completion of the work are delayed thereby. Said notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.

After the completion of any part or whole of the work, the Authority Engineer, in estimating the amount due Contractor, will assume that any and all delays which may have occurred in its prosecution and completion have been avoidable delays, except such delays as shall have been called to the attention of the Authority Engineer at the time of their occurrence and found by him to have been excusable. Contractor shall make no claim that any delay not called to the attention of the Authority Engineer at the time of its occurrence has been an excusable delay.

F. Extension Of Time - Excusable Delay.

Should any delays occur which the Authority Engineer may consider excusable, as herein defined, Contractor shall, pursuant to his application, be allowed an extension of time beyond the time herein set forth proportional to said delay or delays in which to complete this Contract; and, during an extension which may have been granted because of an excusable delay or delays, Authority shall not charge liquidated damages against Contractor for such delay.

1. Extension Of Time Does Not Waive Authority's Rights. The granting of any extension of time on account of delays which in the judgment of the Authority Engineer are excusable delays shall in no

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way operate as a waiver on the part of Authority of its rights under this Contract excepting only the extension of the Completion Date.

2. No Payment For Delays. No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the work whether such delays qualify for extension of time under this Agreement or not.

G. Authority's Right to Take Possession of the Work In Whole or in Part.

The Authority shall have the right at any time to enter upon the work and perform work not covered by this Contract, or to occupy and use a portion of the work, prior to the date of the final acceptance of the work as a whole, without in any way relieving Contractor of any obligations under this Contract.

Such use or occupation of the work shall not be construed as an acceptance of any portion of the work under this Contract, nor shall it affect the dates and times when payments shall become due nor prejudice Authority's right, guarantees, or sureties.

SECTION 3. CONTRACT DOCUMENTS AND ADDITIONAL SERVICES.

Each of the items hereinafter referred to are incorporated herein by this reference as if set forth in full herein.

Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles, and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.

The Contract Documents, sometimes also referred to as "the Contract," consist of the following documents as those may be modified or supplemented:
-Notice Inviting Bids -Bid Bond
-Scope of Work Summary -Information Required of Bidder
-Information for Bidders -Contract
-Bid Form -Certificate Regarding Workers’
Compensation
-Non-Collusion Affidavit -Drug-free Workplace Certification -Site Visit Certification -Plans and Specifications
-Faithful Performance Bond -Addenda
-Labor and Materials Payment Bond -Drawings

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-Change Orders -Shop Drawing Transmittals
-General Conditions/Standard Specifications -Special Conditions -Supplementary General Conditions -Proposed/Selected Subcontractors -Project Construction Schedule -Non-Asbestos Containing Materials -Contractor’s Certificate Regarding
which include, the current general prevailing wage rate, the labor surcharge and equipment rental rates and the notice to contractors, the Insurance Requirements, and any other such data and all versions thereof prepared by Authority pursuant to Contract, and any modifications of any of the foregoing in the form of Addenda or executed Change Order or otherwise effected in accordance with the terms of the Contract.

SECTION 4. INCORPORATION AND CONFLICTING TERMS. The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All bid documents

3. All Exhibits and Addendums

4. All amendments

5. Contractor’s proposal, if any

6. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by Authority to pay Contractor for any portion of work done under Agreement (“Funding Restrictions”)
(a)The documents listed above shall be referred to
collectively as the “Agreement Documents.” The
Agreement Documents are intended to be complementary,
and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the
Documents shall be given effect in the following order:

Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and
Addendums, and Contractor’s proposal. Where the
requirements of one Document are more stringent then
another the more stringent shall govern.

SECTION 5. COMPENSATION AND METHOD OF PAYMENT.

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A. Authority agrees to pay, and Contractor agrees to accept, in full payment for the above work, the sum of
_________________________________________________
DOLLARS AND ____ CENTS ($______________), which sum is to be paid according to the schedule and in the manner set forth herein and subject to additions, deductions, and withholding as provided in the Contract Documents. When it is provided in the Notice to Bidders, Instructions to Bidders, or Proposal Form that Contractor is to be paid on the basis of the unit prices shown in his bid, instead of a lump sum price, the Contractor agrees to accept, in full payment for the above work, the sum computed in accordance with the actual amount of each item of work performed or material furnished, at the unit price which Contractor bid for each such item in his Proposal Form, said unit price to be determined as provided in the Standard Specifications and Special Provisions.

1. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by Authority, Authority will use its best efforts to cause Contractor to be paid the time frames set out below.

2. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

3. If this Agreement is extended pursuant to Section 1 “Schedule of Performance,” the Authority shall pay the same rates specified in Exhibit “B” “Compensation.”
B. Progress and Final Payments.

Based upon Applications for Payment submitted to the Indio Water Authority’s General Manager/Authority’s Engineer by CONTRACTOR and Certificates for Payment issued by the Authority General Manager/Authority Engineer, AUTHORITY shall make progress payments on account of the Contract Sum to CONTRACTOR upon submission of satisfactory invoices to AUTHORITY. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article

1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article.

C. Retention of Sums Charged Against Contractor. Authority will withhold ______ (5% of amount owed Contractor from Progress Payments.

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D. Substitution of Securities. Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by AUTHORITY to ensure performance under a contract, at the request and expense of CONTRACTOR.

Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allow the substitution of securities.

Alternatively, CONTRACTOR may request that AUTHORITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR.

At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from AUTHORITY, pursuant to the terms of this section.

Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and AUTHORITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by AUTHORITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent (5%) of CONTRACTOR's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.

E. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK. The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made.

F. PAYMENT OF UNDISPUTED CONTRACT AMOUNTS. Payment of undisputed contract progress payments or amounts is contingent upon Contractor furnishing the Authority with a release of all claims against the Authority arising by virtue of the contract related to those amounts. The Authority shall pay interest at the legal rate to the Contractor for any progress payment request not paid within thirty (30) days of submission when the validity of the request is not disputed and when the request has been properly submitted.

Any payment request determined by Authority not to be a proper request

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shall be returned to Contractor as soon as practicable, but not later than seven (7) days after receipt. A request returned pursuant to this paragraph shall be accompanied by a writing setting forth the reasons why the payment request is not proper.

G. ACCEPTANCE NOT RELEASE. Contractor shall correct immediately any defective or imperfect work which may be discovered before final acceptance of the entire work. Any unsatisfactory materials shall be rejected, notwithstanding that they may have been overlooked by the proper inspector. The inspection of the work, or any part thereof, shall not relieve Contractor of any of his obligations to perform satisfactory work as herein prescribed.

Failure or neglect on the part of the Authority or any of its authorized agents to condemn or reject bad or inferior work or materials shall not be construed to imply an acceptance of such work or materials if such becomes evident at any time prior to final acceptance of the entire work or all materials, nor shall such failure be construed as barring Authority at any subsequent time from recovering damages or of such a sum of money as may be required to build anew all portions of the work in which fraud was practiced or improper materials used whenever Authority may discover the same.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Scope of Work unless such additional services are authorized in advance and in writing in accordance with the provisions of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Scope of Work.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE.

Authority may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. Authority shall reject or finally accept Contractor’s work within sixty (60) days after submitted to Authority.

Authority shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. Authority’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by Authority shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of Authority and may be used, reused or otherwise disposed of by Authority without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over

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to Authority all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that Authority utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

1. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Contractor hereby assigns to Authority all of Contractor’s rights, title, and interest in and to the content of all deliverable materials created by Contractor or its employees, agents, or subcontractors, including copyrights, in connection with the Services performed under this Agreement.

Contractor shall promptly execute and deliver, and shall cause its employees, agents, and subcontractors to promptly execute and deliver, upon request by the Authority or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the Authority, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Contractor and shall survive the termination of Contractor’s Services under this Agreement.

SECTION 8. CONTRACTOR’S BOOKS AND RECORDS.

A. Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to Authority pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be

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sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

B. Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by Authority or its designated representative. Copies of such documents or records shall be provided directly to the Authority for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices, “Section 25,” of this Agreement.

C. Where Authority has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, Authority may, by written request, require that custody of such documents or records be given to the Authority. Access to such documents and records shall be granted to Authority, as well as to its successors in interest and authorized representatives.

SECTION 9. INDEPENDENT CONTRACTOR.

A. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of Authority. Contractor shall have no authority to bind Authority in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Authority, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Authority.

B. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither Authority, nor any elected or appointed boards, officers, officials, employees or agents of Authority, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of Authority.

C. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which

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may otherwise accrue to Authority’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

SECTION 10. STANDARD OF PERFORMANCE AND LICENSURE.

A. GUARANTY:

1. General Warranty: Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of Authority.

2. Repair of Defects: Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by Authority of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services.

For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as Authority may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of Authority, then Authority shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse Authority for any expenses incurred hereunder upon demand.

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B. CONTRACTOR’S LICENSURE AND REGISTRATION REQUIREMENTS:

1. In accordance with Section 3300 of the Public Contract Code, CONTRACTOR has a Class "___" license which shall be maintained in good standing for the duration of CONTRACTOR 's work on the Project.

Public works projects, as defined by Labor Code, shall be subject to compliance monitoring, reporting, and enforcement by the Department of Industrial Relations.

2. CONTRACTOR shall not enter into any contract without proof of the CONTRACTOR's current registration to perform public work under Labor Code section 1725.5. A contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1(§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work unless the Small Project Exemption is applicable.

3. Pursuant to Section 1771.1(a) of the Labor Code:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Nor may any contractor or subcontractor be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations unless an applicable exemption relieves them of that duty.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement, and shall use such skill, prudence, and diligence as other members of Contractor’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 11. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Contractor represents and warrants that Contractor has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Contractor further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the Authority. Neither Authority, nor any elected or appointed boards, officers, officials, employees or agents of Authority, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 12. PREVAILING WAGE LAWS.

All workers hired by Contractor, and all workers of subcontractors performing work for Contractor, must receive not less than the prevailing rate of per diem wages for work of a similar character in the locality in which Authority is located and be subject to the California prevailing wage laws, Labor Code Sec. 1720 et seq. The

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general rate of per diem wages for each craft, classification or type of worker are on file at the Authority’s offices. Statutory provisions for penalties for failure to pay prevailing wages and/or the State wage and hour laws will be enforced. Contractor shall comply with State requirements regarding the employment of apprentices. Eight hours’ labor constitutes a legal day’s work. Contractor must secure payment of Workers Compensation Insurance as required by Labor Code Sections 1860 and 3700.

A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for Riverside County. Wage rates shall conform with those posted at ____________________ [INSERT RELEVANT AUTHORITY ADDRESS], and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

C. RECORD AUDIT Contractor shall comply with State requirements relating to the retention, maintenance and inspection of certified payroll records. In accordance with Government Code, Section 8546. 7, records of both AUTHORITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SECTION 13. NONDISCRIMINATION.

Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

SECTION 14. UNAUTHORIZED ALIENS.

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Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services and should the any liability or sanctions be imposed against Authority for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse Authority for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Authority.

SECTION 15. CONFLICTS OF INTEREST.

A. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Authority or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Executive Director. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Authority in the performance of this Agreement.

B. Authority understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.

Contractor is unaware of any stated position of Authority relative to such projects. Any future position of Authority on such projects shall not be considered a conflict of interest for purposes of this section.

C. Authority understands and acknowledges that Contractor will, perform nonrelated services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

D. Upon request of the Authority, Contractor shall complete a Levine Act Statement.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

A. All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor.

Contractor shall not release or disclose any such information or work product to persons or entities other than Authority without prior written authorization

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from the Executive Director, except as may be required by law.

B. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Executive Director or unless requested by the General Counsel of Authority, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives Authority notice of such court order or subpoena.

C. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then Authority shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.

D. Contractor shall promptly notify Authority should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. Authority retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with Authority and to provide Authority with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by Authority to control, direct, or rewrite said response.

SECTION 17. INDEMNIFICATION.

A. INDEMNITY, DEFENSE AND HOLD HARMLESS. Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage

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which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

B. Payment by AUTHORITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and AUTHORITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of AUTHORITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for AUTHORITY's defense until such time as a final judgment has been entered adjudicating AUTHORITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The

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provisions of this Section shall survive completion of CONTRACTOR's services or the termination of this AGREEMENT.

C. CONTRACTOR SHALL ASSUME RISKS. Until the completion and final acceptance by Authority of all work under this Contract, the work shall be under Contractor's responsibility, care, and charge, including any period of time work is suspended for any cause whatsoever. Contractor shall rebuild, repair, restore, and make good all injuries, damages, reerections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the work, except as otherwise agreed. However, Contractor shall not be responsible for assuming responsibility for repairing or restoring damage caused by an Act of God as defined by Public Contract Code Sec. 7105 in excess of five (5%) percent of the total contract amount. It is specifically contemplated that the Authority, its officers, employees, and invitees, will occupy and use portions of the work prior to final acceptance. Such occupancy shall not relieve Contractor of responsibility provided herein nor exonerate any surety or insurer of Contractor save and except for items of routine maintenance and repair.

SECTION 18. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” Insurance” and

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made a part of this Agreement. All insurance policies shall be subject to approval by Authority as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Executive Director. Contractor shall provide Authority with copies of required policies upon request.

SECTION 19. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this Agreement. Authority has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the Authority, which may be given in the sole and absolute discretion of the Executive Director. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling Authority to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” Authority acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

If in the performance of its duties Contractor utilizes subcontractors or subcontractors, Contractor covenants that subcontracts, if any, shall contain a provision making subcontractors or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Contractor acknowledges and agrees that the Authority is an intended beneficiary of any work performedby any subcontractor or subcontractor for purposes of establishing a duty of care between any subcontractor or subcontractor and the Authority.

SECTION 20. CONTINUITY OF PERSONNEL.

SECTION 21. TERMINATION OF AGREEMENT.

A. TERMINATION FOR BREACH OF CONTRACT.

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the Surety and Contractor; and the Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of notice of termination, Authority may take over the work and prosecute the same to completion by Contract, or otherwise, for the account and at the expense of Contractor, and his Surety shall be liable to Authority for any excess cost occasioned Authority thereby, as hereinafter set forth.

In the event Authority completes the work, or causes the work to be completed, as aforesaid, no payment of any sum shall be made to Contractor until the work is complete. The cost of completing the work, including but not limited to, extra contract costs, the costs of Authority forces, extra costs of administration and management incurred by Authority, either direct or indirect, shall be deducted from any sum then due, or which becomes due, to Contractor from Authority. If no sum sufficient to pay the difference between sums due to Contractor and the cost of completing the work, and there is a sum remaining due to Contractor after Authority deducts the aforementioned costs of completing the work, then Authority shall thereupon pay such sum to Contractor and his Surety.

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B. Upon termination of this Agreement by either Contractor or Authority, all property belonging exclusively to Authority which is in Contractor’s possession shall be returned to Authority. Contractor shall furnish to Authority a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 5 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Compensation and Method of Payment” of this Agreement.

C. Upon written notice, Authority may suspend all or any portion of Contractor’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. Authority will pay to Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. Authority may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement. Contractor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 22. DEFAULT.

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In the event that Contractor is in default under the terms of this Agreement, the Authority shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the Authority may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Contractor is in default, the Authority shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the Authority may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the Authority may take necessary steps to terminate this Agreement under Section 21 “Termination of Agreement.” Any failure on the part of the Authority to give notice of the Contractor’s default shall not be deemed to result in a waiver of the Authority’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 23. CLAYTON AND CARTWRIGHT ACTS.

SECTION 24. COOPERATION BY AUTHORITY.

SECTION 25. NOTICES.

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To Authority: Indio Water Authority
Attn: Executive Director
100 Civic Center Mall
Indio, CA 92201
To Contractor: [INSERT COMPANY & THEIR CONTACT INFO]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 26. RECORD AUDIT.

In accordance with Government Code section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit by the [Auditor General] for a period of three (3) years after final payment.

SECTION 27. CERTIFICATIONS.
[Include, if applicable. If removed, sections should be renumbered.] SECTION 28. FINAL PAYMENT.

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by Agency to Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final [certificate for payment] has been issued by the [Architect].

SECTION 29. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

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all parts thereof in a diligent and workmanlike manner, then the Agency may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the Agency to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the Agency, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from Agency, or Contractor shall pay Agency the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the Agency.

SECTION 30. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder. Should signatory of this Agreement be unauthorized to bind Contractor, such signor shall be personally liable for the obligations set forth in this Agreement.

SECTION 31. ADMINISTRATION AND IMPLEMENTATION.

SECTION 32. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 33. AMENDMENT.

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for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 34. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

SECTION 35. LAW TO GOVERN.

SECTION 36. LIQUIDATED DAMAGES.

Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in the [Project Schedule], it is understood, acknowledged, and agreed Agency will suffer damage. It is therefore agreed that Contractor shall pay to Agency the sum of [Amount] ($__.00) for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the [Project Schedule], or beyond the time indicated in the [Project Schedule] for any individual Project activity.

Contractor expressly understands, acknowledges, and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule, or Project milestones established in or pursuant to the [Project Schedule]. If the Agency accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, the [Project Schedule] or the accrual of liquidated damages. In the event the same is not paid, Contractor further agrees that Agency may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement.

This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the Agency’s ability to seek other damages.

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Contractor is to refer to [Project Schedule] for duration of individual activities.

Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the [Project Schedule], unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.

SECTION 37. SUBSURFACE HAZARDOUS MATERIALS.

2. Subsurface or latent physical conditions at the site differing from those indicated.

B. Upon receipt of said notification, Agency will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the Project, the Agency will issue a change order under the procedures described in the [General Conditions].

Contractor shall retain any and all rights provided either by agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

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SECTION 38. BONDS; SECURITY.

SECTION 39. CORPORATION IN GOOD STANDING.

If Contractor is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that [Name] whose title is [Title], is authorized to act for and bind the corporation.

SECTION 40. CONTRACTOR’S LICENSE.

SECTION 41. COMPLIANCE WITH STATUTES AND REGULATIONS.

Contractor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.

SECTION 42. PROVISIONS REQUIRED BY LAW.

SECTION 43. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 44. ENTIRE AGREEMENT.

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This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and Authority prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 45. SEVERABILITY.

SECTION 46. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Contractor shall comply with the requirements of Addendum “2” “Federal Funds.”

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

INDIO WATER AUTHORITY
_______________________ OR ________________________
President Executive Director
ATTEST:

SECRETARY
By: ___________________________
Sabdi Sanchez, MMC
Director of City Clerk Services
APPROVED AS TO FORM:

GENERAL COUNSEL
By: ___________________________
Steven Graham Pacifico
General Counsel
CONTRACTOR:

By:

Its: [TITLE]

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES

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Exhibit B – Compensation
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EXHIBIT “B”

COMPENSATION

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Addendum 1 - Insurance
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Umbrella or excess liability insurance. [If required to meet higher limits].

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Addendum 1 - Insurance
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• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.

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Addendum 1 - Insurance
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The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project.

Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

Other provisions or requirements.

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Addendum 1 - Insurance
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Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time and Contractor agrees to provide the same.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion.

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Addendum 1 - Insurance
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State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any

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Addendum 1 - Insurance
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limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

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Addendum 1 - Insurance
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Timely notice of claims. Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

1. MINIMUM LIMITS OF INSURANCE.

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Addendum 2 – Federal Funds
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ADDENDUM “1"

FEDERAL FUNDS

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Addendum 3 – Bonds
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To be actionable, a hostile work environment claim must be based upon some sort of derogatory action against a protected class, i.e. someone with disabilities or based upon race, religion, sex (including gender and pregnancy), marital status, age, sexual orientation, national origin, medical condition or genetic characteristics, or association with a protected class. It includes retaliation for reports harassment based or discrimination based upon these criteria. (See Section 17.2, beginning on pg. 96, of the Personnel Rules & Regulations, scanned with this annotated complaint).

The employee must first make a complaint verbally or in writing to his or her supervisor or the Director of Human Resources. These complaints generally are handled by HR which investigates the complaint either internally or through an outside investigator.

A violation of the general provisions of the Personnel Rules is not harassment; it’s a violation of the rules.

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Addendum 3 – Bonds
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LABOR AND MATERIALS BOND
Whereas, the Indio Water Authority’ Governing Board of the City of Indio, State of California, and _____________________________________(hereinafter designated as “the Principal”) have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, which agreement, dated ________________________, 20__, and identified as project LANDSCAPE & MAINTENANCE SERVICES, is hereby referred to and made a part hereof; and
Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Indio Water Authority (“Authority”) to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

Now, therefore, the Principal and the undersigned as corporate surety, are held firmly bound unto the Authority and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of ___________________________________dollars ($__________________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by county (or Authority) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 2025.
_______________________ _____________________
Principal Surety

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Addendum 3 – Bonds
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PERFORMANCE BOND
Whereas, the Indio Water Authority’ Governing Board of the City of Indio, State of California, and ____ ___________________________________(hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated ____, 20__ and identified as LANDSCAPE & MAINTENANCE SERVICES is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of such agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the Principal and ______________________, as surety, are held and firmly bound unto the Indio Water Authority hereinafter called (“Authority”), in the penal sum of ________________________________________dollars ($__________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless Authority, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by Authority in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on ________________ 2025.
__________________ ___________________
Principal Surety

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GENERAL PROVISIONS
SECTION 0. GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS
The latest edition of “Standard Specifications for Public Works Construction” (“Standard Specifications”), as amended by the Contract Documents, is incorporated into the Contract Documents by this reference. The Work described herein shall be done in accordance with the provisions of the Standard Specifications (defined in the Notice Inviting Bids), except for those provisions that are expressly not incorporated by a provision in the Contract Documents. 0-2 NUMBERING OF SECTIONS
The numbering of sections and subsections in these General Provisions are compatible with the numbering in the Standard Specifications.
0-3 SUPPLEMENTATION OF SPECIFICATIONS
The Sections that follow supplement, but do not replace, the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these General Provisions, these General Provisions shall control.

SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF

MEASURE,

AND SYMBOLS
The provisions below shall supplement, but not replace, those provisions in Section 1 of the Standard Specifications:
1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following:

Agency – The Indio Water Authority.

Board – The City Council of the Indio Water Authority.

Contract Documents – As defined in Standard Specifications Section 1-2, but also including the General Provisions.

County – County of Riverside, California
Engineer – The IWA Project Manager/Designee Project Manager/Designee, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them.

Inspector – An authorized representative of the Authority, assigned by the Authority to make inspections of Work performed by or materials supplied by the Contractor.

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Laboratory – A laboratory authorized by the Authority to test materials and Work involved in the Contract.

Project – See Work.

Submittal – Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the Authority under the terms of the Contract.
1-3.3 Institutions
The institutions listed in Section 1-3.3 of the Standard Specifications shall be supplemented by the list below:

Abbreviation Word or Words
AAN .............................................................................American Association of Nurserymen ACI .............................................................................................American Concrete Institute AGCA ................................................................. Associated General Contractors of America APWA..............................................................................American Public Works Association ASME ..................................................................American Society of Mechanical Engineers CRSI................................................................................Concrete Reinforcing Steel Institute CSI ................................................................................. Construction Specifications Institute IEEE .................................................................. Institute of Electric and Electronic Engineers NEC..................................................................................................... National Electric Code NEMA.............................................................. National Electrical Manufacturers Association NFPA.............................................................................. National Fire Protection Association SSS .....................................................................State of California Standard Specifications, Latest edition, Department of Transportation
SSP ..................................................................................State of California Standard Plans, Latest edition, Department of Transportation
SECTION 2. SCOPE OF THE WORK
The provisions below shall supplement, but not replace, those provisions in Section 2 of the Standard Specifications:
2-2ASSIGNMENT

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2-3
Any purported assignment without written consent of the Authority shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the Authority and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

If the Authority opts to consent to assignment, the Authority’s consent shall be contingent upon:
(1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the

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assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the Authority shall not be effective. Even if the Authority consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.
2-4CONTRACT BONDS
The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2.

Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond that is valid for 2 years from date of that the contract is complete., in the amount of one-hundred percent (100%) of the Contract Price. In lieu of the warranty or maintenance Bond, Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time. Other than the details listed herein, the warranty or maintenance Bond shall adhere to the requirements for Bonds in Section 2-4 of the Standard Specifications.

Nothing herein shall abridge or amend Section 6-8.3 of the Standard Specifications or the related provisions in these Contract Documents.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.
7-32-5PLANS AND SPECIFICATIONS
iii. 2-5.1 General
In addition to the requirements under Section 2-5.1 in the Standard Specifications, the Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. Upon completion of all Work, the Contractor shall return the control set to the IWA Project Manager/Designee. Final payment will not be made until this requirement is met.

Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the Bid sheets, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid.

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7-10.2.4 2-5.2 Precedence of the Contract Documents
With regard to Section 2-5.2 in the Standard Specifications, the General Provisions shall control over the Special Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that order) shall control over the Bid, such that the order of precedence shall be as follows:

1. Permits issued by regulatory agencies with jurisdiction.

2. Change Orders and Supplemental Agreements, whichever occurs last.

3. Contract/Agreement.

4. Addenda.

5. Notice Inviting Bids.

6. Instructions to Bidders.

7. Bid/Proposal.

8. General Provisions.

9. Special Provisions.

10. Plans.

11. Standard Plans.

12. Standard Specifications.

13. Reference Specifications.
2-7SUBSURFACE DATA
If the Authority or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made in the Indio Water Authority office. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the Authority makes no affirmative or negative representation concerning the existence of such investigations.

The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the Authority, the IWA Project Manager/Designee, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.

The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents.

No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the Authority.

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2-9SURVEYING
The Contractor shall verify all dimensions on the drawings and shall report to the Authority any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq). All Project surveying notes and “cut-sheets” are to be provided to the Authority after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor.

Construction stakes shall be set and stationed by Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re-staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense. 7-42-10 INSPECTION
The Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required.

SECTION 3. CONTROL OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 3 of the Standard Specifications:
7-53-2CHANGES INITIATED BY THE AGENCY
The Authority reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the IWA Project Manager/Designee, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done. 3-3 EXTRA WORK
New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the IWA Project Manager/Designee.

SECTION 4. CONTROL OF MATERIALS

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The provisions below shall supplement but not replace those provisions in Section 4-1 of the Standard Specifications:
4-1 Materials and Workmanship
The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship.
4-1.1 Test of Materials
Except as elsewhere specified, the Authority shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.

If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the IWA Project Manager/Designee. All requests for substitution shall be submitted, together with all documentation necessary for the IWA Project Manager/Designee to determine equivalence, no later than ten (10) Days before the award of Contract, unless a different deadline is listed in the Special Provisions.

SECTION 5. UTILITIES
The provisions below shall supplement but not replace those provisions in Section 5 of the Standard Specifications.
5-1 LOCATION
The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility.

Accuracy of information furnished, as to existing conditions, is not guaranteed by the Authority. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the Authority the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.

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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the Authority.

Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.

To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.

Dig Alert Identification Number: ___________________________________________ Dated: ___________________________________________
(“CONTRACTOR”)
By: ____________________________
Printed Name: ___________________
Title: ___________________________
By: ____________________________
Printed Name: ___________________
Title: ___________________________
Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the Authority upon request.

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i. 5-1.3 Entry by Utility Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the Authority. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the IWA Project Manager/Designee that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. Authority employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all. 5-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the Authority. j. 5-3 REMOVAL
Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the IWA Project Manager/Designee. The remaining portion of the existing Utility, which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings.
5-4 RELOCATION
The Contractor shall cooperate fully with all Utility forces of the Authority or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.
5-6 COOPERATION
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance

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shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.
5-7 NOTIFICATION
The Contractor shall notify the IWA Project Manager/Designee and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction.

The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:

UTILITY COMPANY ADDRESS TELEPHONE
Indio Police Department 46-800 Jackson Street
Indio, CA (760) 391-4057
Indio Fire Department 46990 Jackson Street
Indio, CA (760) 347-0756
Burrtec Waste Management
Contact: Mike Veto
41-575 Eclectic Street Palm
Desert, CA (760) 340-2113
Sunline Transit Agency
Contact: Eunice Lovi
32505 Harry Oliver Trail
Thousand Palms, CA 760-343-3456
U.S. Postal Service 45805 Fargo
Indio, CA (800) 275-8777
Imperial Irrigation District
Contact: Carlos Partida
81600 Ave 58
Indio, CA (760) 398-5811
Southern California Gas
Contact: Gary Vock Indio, CA (800) 427-2200
Verizon
Contact: Bill Schrader
83-793 Dr. Carreon Blvd
Indio, CA 92201 760-347-8019
CVWD PO Box 1058
Coachella, CA 92236 (760) 398-2651 x2237
Time Warner Cable 75-181 Mediterranean
Palm Desert, CA (760) 250-4302
Valley Sanitation District
Contact: Mike Butvidas
45-500 Van Buren
Indio, CA (760) 347-2356

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UTILITY COMPANY ADDRESS TELEPHONE
Desert Sands Unified School
District Contact: James Kozero
47-950 Dune Palms Rd
La Quinta, CA 760-771-8517
SECTION 6. PROSECUTION AND PROGRESS OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 6 of the Standard Specifications.
6-2CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-2.1 Construction Schedule
In addition to the construction schedule required pursuant to Section 6-1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.

One (1) week before the scheduled pre-construction meeting, the Contractor must submit a construction schedule to the IWA Project Manager/Designee for review and approval. The Contractor shall make revisions as required by the IWA Project Manager/Designee. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan.

The Contractor shall update this Construction Schedule when directed by the IWA Project Manager/Designee, or when:
a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.
6-2.1.1Pre-Construction Conference
Approximately fifteen (15) Days before the commencement of Work at the site, a pre-construction conference will be held at the Authority and shall be attended by the Contractor’s Project manager or its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate.

Attendance by the Contractor and any Subcontractors designated is mandatory.

Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the IWA Project Manager/Designee for approval a minimum of two (2) Working Days before the preconstruction conference. Unless previously submitted to the IWA Project Manager/Designee, the Contractor shall bring to the pre-construction conference copies of each of the following:

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1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on-site field superintendent and the Project manager.

Both daytime and emergency telephone numbers shall be included in the written designation.

The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the Authority’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the Authority representative states is relevant to the meeting. 6-2.1.2Weekly Progress Meetings
At the sole discretion of the Authority, progress meetings may be held during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the Authority and the Contractor. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance.

TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6-5 of the Standard Specifications, which allow termination upon any written notice, the Authority may cancel the Contract for any other reason or for no reason upon thirty (30) Days’ written notice. The rest of the procedure outlined in Section 6-5 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the Authority, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.

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6-6DELAYS AND EXTENSIONS OF TIME
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.
6-6.1 Extensions of Time
7-10.2.5 Refer to Special Provisions.
6-6.2 Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the Authority shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

Unless compensation and/or markup is agreed upon by the Authority, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the Authority or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.

This Section shall not apply to compensable delays caused solely by the Authority. If a compensable delay is caused solely by the Authority, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the Authority; and (2) provides equitable adjustment, as determined by the Authority, to the Contractor.
6-10 COMPLETION, ACCEPTANCE AND WARRANTY
If a contract is awarded and executed for the Landscape & Maintenance Services, the contract period shall be one (1) full year (12 months) in duration from the date of execution of the contract. At the sole discretion of the Authority, this contract may be extended by IWA for four (4)two (2) additional, one (1) year terms, subject to funding for the services described herein.

The Contractor shall not be allowed to begin any maintenance activity before the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process Shop Drawings (if required) and begin procuring equipment and materials.
6-8.4 Acceptance
The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 7-8 of the Standard Specifications, the General Provisions, and the Special Provisions, and all of the following items have been received by the IWA Project Manager/Designee:

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1. A form of Notice of Completion, with all information required by the California Civil Code;

2. All written guarantees and warranties;

3. All “as-builts”;

4. The warranty or maintenance Bond or proof from the Surety of the extension of the performance Bond, as more specifically detailed in Section 2-4 of these General Provisions; and

5. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct Authority personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.

The Contractor shall allow at least seven (7) Working Days’ notice for final inspection.

Such notice shall be submitted to the IWA Project Manager/Designee/Designee in writing. 6-8.5 Warranty
For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punch list, the Work shall be deemed to be completed upon the date of the IWA Project Manager/Designee acceptance of the final item(s) on that punch list.

The Contractor shall repair or replace defective materials and workmanship as required in Section 6-8.3 of the Standard Specification at its own expense. Additionally, the Contractor agrees to defend, indemnify and hold the Authority harmless from claims of any kind arising from damage, injury or death due to such defects.

The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the Authority, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. 6-11 LIQUIDATED DAMAGES
For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the IWA Project Manager/Designee, and the IWA Project Manager/Designee has certified such completion in accordance with Section 6-8.1 of the Standard Specifications.

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SECTION 7. MEASUREMENT AND PAYMENT
The provisions below shall supplement but not replace those provisions in Section 7 of the Standard Specifications:

The first paragraph of Section 7-3.1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

The Contractor shall provide and maintain insurance naming the Authority, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of Authority officials as insureds or additional insureds regardless of any inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to the Contractor or the Authority. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract. The Authority will not be liable for any accident, loss, or damage to the Work before completion, except as otherwise specified in Section 6-10.

The first sentence of Section 7-8.4.2 shall not be incorporated, and shall instead be replaced with the following:

Construction materials and equipment shall not be stored in Streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the IWA Project Manager/Designee.

The first sentence of the second paragraph of Section 7-9 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following:

The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs, Utility installations, pavements, structures, etc.) which are damaged or removed as a result of the Contractor’s or the Subcontractors’ operations or as required by the Plans and Specifications.

The last paragraph of Subsection 7-9 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

Section 7-12 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following:

The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public rightof-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.

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Otherwise, the provisions below shall supplement but not replace those provisions in Section 7 of the Standard Specifications.
7-6THE CONTRACTOR’S EQUIPMENT AND FACILITIES
A noise level limit of 75 dbA at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. 7-7LABOR
7-3.2.1Public Work
The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein. 7-3.2.2 Copies of Wage Rates
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work on this Project, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.
7-3.2.3 Job Site Notices
The Contractor is required to post job site notices, as prescribed by regulation. 7-3.2.4Failure to Pay Prevailing Rates
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the Authority, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor.
7-3.2.5Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the Authority with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor

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and each of its Subcontractors shall submit to the Authority a verified statement of the journeyman and apprentice hours performed under this Contract.
7-3.2.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the Authority. 7-3.3 Payroll Records
The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Authority of the location of the records. The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the Authority, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. 7-3.4 Hours of Labor
The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the Authority, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 7-3.5 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

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7-3.6 Compliance Monitoring and Posting Job Sites
This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation. 7-3.7 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 7-2 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.
ii. 7-2.9 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the Authority) the Authority, its officials, officers, employees, agents and independent contractors serving in the role of Authority officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 7-2 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses.

All duties of the Contractor under this Section 7-2.9 shall survive expiration or termination of the Contract.
7-4 LIABILITY INSURANCE
The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 7-3 of the Standard Specifications, as modified below.
7-5.1.1Additional Insureds
The Authority, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of Authority officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the Authority.
7-5.1.2 No Limitation on Indemnity
The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in these Contract Documents.

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7-5.1.3 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage.

The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the Authority may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the Authority, from payments due to the Contractor. This shall be in addition to all other legal options available to the Authority to enforce the insurance requirements. 7-5.1.4 Certificates of Insurance with Original Endorsements The Contractor shall submit to the Authority certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements may be executed on the Authority’s standard forms titled “Additional Insured Endorsement,” copies of which are provided in the Contract Documents, or on any other form that contains substantially the same terms and is approved by the Authority/City of Indio’s Risk Manager. In any case, the endorsements must specifically name the Indio Water Authority and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of Authority officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with the Authority at all times during the term of this Contract. The Authority reserves the right to require complete, certified copies of all required insurance policies at any time. 7-5.1.5Subcontractors
The Contractor shall ensure all Subcontractors, and their employees are listed as additional insureds on all of the Contractor’s insurance.
7-5.2 General Liability Insurance
Instead of the minimum limits listed in Section 7-3.2 of the Standard Specifications, the coverage shall provide the following minimum limits:

Insurance Coverage Requirements Limits of Liability
Comprehensive General Liability Aggregate Limit $2,000,000 Products/Completed Operations Hazard Aggregate Limit $1,000,000 Bodily Injury Limit $1,000,000
Property Damage Limit $1,000,000
Each Occurrence $1,000,000
7-5.3 Workers’ Compensation Insurance
The Workers’ Compensation insurance shall have a minimum limit of one-million dollars ($1,000,000) or the amount required by law, whichever is greater. 7-5.4 Automobile Insurance
Instead of the minimum limits listed in Section 7-3.4 of the Standard Specifications, the automobile insurance shall have a minimum limit of one-million dollars ($1,000,000) per claim and occurrence

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and two-million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and one-million dollars ($1,000,000) for property damage arising from one incident. 7-3.5 If required by the Authority, Contractor shall also provide the following policy(ies) of insurance: None required.
7-6 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 7-3.1 of the Standard Specifications.
7-6.1 Contractor’s Duty
To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the Authority, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those Authority agents serving as independent contractors in the role of Authority representatives), successors, and assigns (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). The Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees.
7-6.2 Civil Code Exception
Nothing in this Section 7-4 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the Authority’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
7-6.3 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor because of the acceptance by the Authority, or the deposit with the Authority, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is

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effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. 7-6.4 Waiver of Right of Subrogation.

The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.
7-6.5 Survival.

The provisions of this Section 7-4 shall survive the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
7-7 PERMITS
Before starting any construction work, the Contractor will be required to obtain all necessary permits from the City of Indio, which may include obtaining a no fee encroachment permit for Work within the public right-of-way, as well as all other permits required from all other agencies.

Should this Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the Authority with a copy before Work can commence on this Project.

Contractor shall bear all cost for fees for all agencies including the City of Indio’s permit fees. 7-10 COOPERATION AND COLLATERAL WORK
The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 7-11 WORKSITE MAINTENANCE
Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed of shall not be stored at the Project site, but shall be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of the IWA Manager of Engineering and Water Quality, the cleaning will be done or contracted by the Authority and shall be back-charged to the Contractor and deducted from the Contract Price.

The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from

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the Authority. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions.

The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the Authority will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.

All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.
7-12 SAFETY
The provisions below shall supplement but not replace those provisions in Subsection 7-10 of the Standard Specifications.
7-12.1 Access
All construction work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular and pedestrian traffic.

The Contractor shall be responsible for the protection of vehicular and pedestrian traffic until the Work called for in the Plans, Standard Specifications, General Provisions and Special Provisions and as directed by the IWA Project Manager/Designee is complete. 7-10.2.6 Traffic Control Plan
All Work shall require maintenance and control of traffic during the contract period within public right-of-way or, if deemed necessary by the Authority, within IWA facilities. The Contractor shall provide a detailed Traffic Control Plan (“TCP”) for all phases of maintenance work for review and shall conform to the Standard Specifications, General Provisions, Special Provisions, the latest edition of the California Edition of the Manual on Uniform Traffic Control Devices (“MUTCD”), the latest edition of Caltrans Standard Specifications and the latest edition of Caltrans Standard Plans and must be approved by the Director of Public Works if within public right-of-way. In addition, an Encroachment Permit is required for all work within public right-of-way. All costs for the work described above, including labor, equipment and materials, shall be borne by the Contractor. The TCP shall be prepared under the supervision of and signed and stamped by a registered Professional Civil Engineer or a Traffic Engineer licensed to practice in the State of California.

The TCP shall cover signing, flagging, detour geometric, delineation and channelization, barriers

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and barricades, separation of opposing traffic streams, and hours of flash operation at signalized intersection(s). The Contractor shall not commence work before receiving an approved TCP.

Any delay in acquiring TCP approval will be at the Contractor’s expense.

Traffic control shall be provided by a qualified traffic control company specializing with a C-31 license during the construction of the Project.

For construction in the vicinity of a school, the Contractor shall contact the School District, obtain a school schedule and school circulation plan, and incorporate information into the Project’s schedule and traffic control, such that within one thousand (1,000) feet of the school on routes serving the school for student arrivals and departures are not impacted between one (1) hour before and one-half (1/2) hour after the school day start time and one (1) hour before or one-half 1/2) hour after school day end time. Additionally, the Contractor shall notify all entities listed in General Provisions Section 5-7.

The Contractor shall provide and maintain steel traffic plates securely over the trench whenever required or at the end of the Working Day. The plates shall be set flush with the adjacent existing pavement.
7-10.3 Haul routes
Subsection 7-10.3 of the Standard Specifications shall be deleted and replaced as follows:

The Contractor must obtain the IWA Project Manager/Designee or authorized agent’s approval before using any haul routes. Further detail requirements for haul traffic are delineated in the Special Provisions.
7-10.5.4 Steel Plate Covers
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers.
7-16 RECYCLING OF MATERIALS
Subsection 7-15 is hereby added to the Standard Specifications as follows:
7-16.1 Recycling of Asphalt Concrete, Portland Cement Concrete, Aggregate Base, and Green Waste are Required.

The records of disposal, including scale tonnages, shall be furnished to the Authority on a monthly basis. Failure to comply with the requirements of this Section will result in delay of progress payment.
7-16.2 Contractor’s Obligation
The Authority and City of Indio are committed to a recycling program. If available, it is the obligation of the Contractor, under this Contract, to recycle the waste material through an approved recycling plant. Records and reports of waste recycle will be submitted to the Authority on a regular monthly basis.

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Indio City CouncilJuly 15, 2026

Indio City Council
July 15, 2026