Bid Notice.pdf

INVITATION FOR BID

LF2026(4)

AUSTIN PARK SKATEPARK - REBID

City of Clearlake

14050 Olympic Drive

Clearlake, CA 95422

RELEASE DATE: October 1, 2026

DEADLINE FOR QUESTIONS: October 15, 2026

RESPONSE DEADLINE: October 22, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Clearlake

INVITATION FOR BID

Austin Park Skatepark - REBID

I. INTRODUCTION

II. NOTICE INVITING BIDS

III. INSTRUCTIONS TO BIDDERS

IV. BID FORMS

V. BID SCHEDULE

VI. CONTRACT FOR CONSTRUCTION & BOND FORMS

VII. GENERAL CONDITIONS

VIII. SCOPE OF WORK

IX. SPECIAL CONDITIONS

X. SPECIFICATIONS

XI. CONSTRUCTION PLANS AND DRAWINGS

Attachments:

A - Austin Park Skatepark - Plans

B - Austin Park Skatepark - Bid Documents (REBID)

Invitation For Bid #LF2026(4) Title: Austin Park Skatepark - REBID

1. INTRODUCTION

1.1. Summary

The City of Clearlake, ("City") invites and will receive sealed Bids for the furnishing of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for Austin Park Skatepark - REBID, Project No. LF2026(4) (the “Project”).

1.2. Background

The City of Clearlake (the “City”) is located on the eastern shore of Clear Lake in Lake County, California. The City is about 45 miles northeast of Santa Rosa, about 100 miles north of San

Francisco, and about 95 miles west of Sacramento. The City’s population as of 2021 was 13,993.

The City’s most prominent geographical feature is Clear Lake. The lake is renowned for its abundant fish stock, rare and migratory birds, and a host of other wildlife living in the City’s surrounding wetlands, grasslands and oak woodlands. Its 68 square miles of surface area qualify it as the largest natural freshwater lake totally within the state of California. The lake has approximately 100 miles of shoreline and covers approximately five percent of Lake

County's land area. Most of the communities within Lake County are along or near the shore of the lake.

The lake has been utilized in many ways over the decades to stimulate the local economy, drawing tourism dollars into the City by hosting events such as speed boat races, waterskiing and wakeboarding competitions, leisure activities and more recently, world class bass fishing competitions.

1.3. Contact Information

Trystan Hayes

Construction Project Manager

14050 Olympic Dr

Clearlake, CA 95422

Email: thayes@clearlake.ca.us

Phone: (971) 241-5895

Department:

Public Works

Department Head:

Adeline Leyba

Director

1.4. Timeline

Release Project Date October 1, 2026

Question Submission Deadline October 15, 2026, 3:00pm

Proposal Submission Deadline October 22, 2026, 3:00pm

Contractor Selection Date (tentative) November 5, 2026

2. NOTICE INVITING BIDS

2.1. NOTICE

NOTICE IS HEREBY GIVEN that the City of Clearlake, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 14050 Olympic Drive

Clearlake, CA 95422 ("City") invites and will receive sealed Bids up to but not later than 3:00 pm on Thursday, October 22, 2026 through the City’s e-Procurement Portal, for the furnishing to

City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for Austin Park Skatepark - REBID, LF2026(4) (the “Project”). After said time, Bids will be publicly posted on the e-Procurement Portal. Bids received after said time will not be accepted. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

2.2. PROJECT DESCRIPTION

Building a new skatepark at Austin Park in the City of Clearlake.

Engineer's Estimate: $960,000.00

2.3. SUBMITTAL INSTRUCTIONS

Bidders may obtain a copy of the Contract Documents on the e-Procurement Portal.

Registration and Bid submittal can be completed by visiting the e-Procurement Portal, https://secure.procurenow.com/portal/clearlake. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

It is the responsibility of each prospective Bidder to download and print all Contract Documents for review and to verify the completeness of Contract Documents before submitting a bid. Any

Addenda will be posted on the e-Procurement Portal. It is the responsibility of each prospective

Bidder to check the e-Procurement Portal on a daily basis through the close of Bids for any applicable Addenda or updates. City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the

Contract Documents. Information on the e-Procurement Portal may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by the e-Procurement Portal.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Clearlake as bid security. The Bid Security must be submitted in hard copy directly to the City prior to the specified date and time for bid opening as set forth in the Instructions to Bidders.

2.4. PRE-BID CONFERENCE

There will be no Pre-Bid Conference for this project.

2.5. ADDITIONAL INSTRUCTIONS

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

Material Payment Bond each in an amount equal to one hundred percent (100%) of the

Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful

Bidder may substitute certain securities for funds withheld by City to ensure its performance under the Contract.

Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Lake County from the

Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/

In addition, a copy of the prevailing rate of per diem wages is available at the City and shall be made available to interested parties upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the

Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any

Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

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

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

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

Contract: Class A or Class B.

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

Pursuant to Public Contract Code Section 3400(b), City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Contract Documents be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

2.6. AWARD

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

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

2.7. Piggy Backing

Piggybacking is a form of cooperative purchasing that allows government agencies to use an existing contract to acquire the services at the same price from another public entity contract.

It is the intention of the City to allow for Piggybacking for Lake County and surrounding municipalities, provided that the municipality allows for Piggybacking in their procurement code, and that the selected Consultant firm agrees

3. INSTRUCTIONS TO BIDDERS

3.1. SECURING DOCUMENTS

Bids must be submitted through the e-Procurement Portal to the City on the Bid Forms which are a part of the Contract Documents for the Project. Contract Documents may be obtained as specified in the Notice Inviting Bids.

City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the

Contract Documents at a plan room must also register with the City through the e-Procurement

Portal to obtain the required Contract Documents if they decide to submit a Bid for the Project.

3.2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein and made part of the Contract Documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract Documents. The failure or omission of any Bidder to receive or examine the Contract Documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the

Contract and no relief for error or omission will be given except as required under state law.

The submission of a Bid shall be taken as conclusive evidence of compliance with this Section.

3.3. INTERPRETATION OF DRAWINGS AND DOCUMENTS

Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other Contract Documents may submit a written request for interpretation through the e-

Procurement Portal via the Q&A tab until the deadline of Thursday, October 15, 2026 before

3:00 pm. The prospective Bidder submitting the request is responsible for prompt delivery.

Interpretation of the Drawings, Specifications or other Contract Documents will be made only by a written Addendum posted on the e-Procurement Portal. The City will not be responsible for any other explanation or interpretations of the Contract Documents. If a prospective

Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the prospective Bidder to promptly bring it to the attention of the City.

3.4. PRE-BID CONFERENCE

There will be no Pre-Bid Conference for this project.

3.5. ADDENDA

The City reserves the right to revise the Contract Documents prior to the Bid opening date.

Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code

Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall register with the City through the e-Procurement Portal. Addenda will be published on the e-Procurement

Portal. Please Note: Bidders are responsible for ensuring that they have received any and all

Addenda. To this end, each Bidder should visit the e-Procurement Portal to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall acknowledge any/all addenda published for this project electronically on the e-Procurement Portal. Failure to acknowledge all Addenda may be sufficient cause for rejecting the Bid.

3.6. ALTERNATE BIDS

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

3.7. COMPLETION OF BID FORMS

Bids shall only be prepared using the Bid Forms which are included in the Contract Documents.

The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting

“N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms.

Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Use of black or blue ink, indelible pencil, or a typewriter is required. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.

Failure to submit any of the Bid Forms may render the Bid non-responsive.

The Bid Schedule is available on the e-Procurement Portal. Bidders must electronically insert and submit their Bid prices directly through the e-Procurement Portal which will tabulate the total(s) automatically. The Bid Schedule will be incorporated into the Contract Documents.

Failure to submit the Bid Schedule will render a bid nonresponsive. Bidders must provide pricing for every bid item. The costs of any Work shown or required in the Contract Documents, but not specifically identified as a Pay Item are to be included in related Pay Items and no additional compensation shall be due Contractor by virtue of Contractor’s compliance with the

Contract Documents. The estimated quantities for unit price items are for purposes of comparing bids only and City makes no representation that the actual quantities of Work performed will not vary from the estimates.

All BID FORMS shall be completed by the Bidder and submitted in the e-Procurement Portal.

3.8. MODIFICATIONS OF BIDS

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

Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection.

Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon.

3.9. SUBCONTRACTORS

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

4104. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Substitution of listed subcontractors shall only be permitted in accordance with Public Contract Code Section 4107.

3.10. LICENSING REQUIREMENTS

Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section

3300, all Bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any Bid submitted by a Bidder not currently licensed in accordance with state law and pursuant to the requirements found in the

Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the

Bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of

Public Contract Code section 20103.5.

3.11. BID GUARANTEE (BOND)

Each Bid shall be accompanied by either: (a) cash; (b) a certified or cashier’s check made payable to City of Clearlake; or (c) a Bid Bond secured from a surety company satisfactory to the

City, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Clearlake as bid security. ONLY If Bidder is submittingcash or acertified or cashier’s check, Bidder will be required to deliver the cash or check in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope and addressed to City of Clearlake, Attn: Finance Director, 14050

Olympic Drive Clearlake, CA 95422 before the bid submittal deadline of 3:00 pm on Thursday, October 22, 2026. If Bidder is submitting a Bid Bond, the fully executed Bid Bond shall be scanned and uploaded as part of the bid response and submitted electronically in the the e-

Procurement Portal with the other BID FORMS. Bidder may be required to mail or hand deliver the original Bid Bond after the bid opening for verification against the scanned copy received prior to the deadline. Personal sureties and unregistered surety companies are unacceptable.

The surety insurer shall be California admitted surety insurer, as defined in Code of Civil

Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten

(10) Days after the City provides the successful Bidder the Notice of Award, the successful

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

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

The bid security must be submitted in original hard copy in a sealed envelope directly to the

City Clerk’s office prior to the specified time and date for the Bid opening. The sealed envelope shall be labeled “Bid Guarantee”, bear the title of the Project, and include the name of the

Bidder.

3.12. IRAN CONTRACTING ACT OF 2010

In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a Bid with the City of one million dollars ($1,000,000.00) or more, certify at the time the Bid is submitted that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

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

3.13. NON-COLLUSION DECLARATION

Bidders on all public works contracts are required to submit a declaration of non-collusion with their Bid. This form is included with the Bid Forms and must be signed and dated under penalty of perjury.

3.14. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any

Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the

Bidder and its subcontractors, of any tier, shall maintain active registration with the

Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor DIR Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

3.15. BIDDER INFORMATION AND EXPERIENCE FORM

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

3.16. WORKERS' COMPENSATION CERTIFICATION

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

Workers' Compensation Certificate prior to performing the work under this Contract. The form of such Workers' Compensation Certificate is included as part of the Bid Forms.

3.17. SIGNING OF BIDS

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

Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder.

Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

3.18. SUBMISSION OF BIDS

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

Procurement Portal will be returned unopened.

It is the responsibility solely of Bidder to see that its Bid is properly submitted to the e-

Procurement Portal in proper form and prior to the stated closing time. THE ELECTRONIC BID

MANAGEMENT SYSTEM WILL NOT ACCEPT LATE BIDS. City will only consider Bids that have transmitted successfully before the deadline. Bidders will receive an automated email indicating that the Bid was submitted successfully. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the online bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Bidder to successfully submit an electronic Bid shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids.

Proposers experiencing any technical difficulties with the proposal submission process may refer to this vendor guide or contact OpenGov Support (Software Administrator), using the real time chat function in the Portal or at support@procurenow.com. If you continue to have difficulty, please contact Adeline Leyba at (707) 994-8201. Neither the City nor the Software

Administrator make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the proposal submission date and/or time.

3.19. OPENING OF BIDS

At the time set for the opening, or any time thereafter, each and every Bid received prior to the time and day set for the receipt of Bids will be opened and posted on the e-Procurement Portal.

It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

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

A. The name and business location of the Bidder.

B. The Bid amount.

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

City reserves the right to reject any or all Bids and to waive any informality or irregularity in any

Bid.

3.20. WITHDRAWAL OF BID

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

Bids may be withdrawn after Bid opening only by providing written notice to the City Clerk’s office within five (5) working days of the Bid opening and in compliance with Public Contract

Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City.

3.21. BIDDERS INTERESTED IN MORE THAN ONE BID

No Bidder shall be allowed to make, file or be interested in more than one Bid for the same work unless alternate Bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from simultaneously submitting its own Bid as a prime contractor.

3.22. SUBSTITUTION OF SECURITY

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

3.23. PREVAILING WAGES

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

3.24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

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

3.25. INSURANCE REQUIREMENTS

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

3.26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

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

Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of

California bonding requirements, as defined in California Code of Civil Procedure Section

995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of the City, with all documents required by California Code of Civil Procedure Section

995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to the City within ten (10) Days from the date the City provides the successful bidder with the Notice of Award.

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

Contractor and its subcontractors performing work under this Contract will be required to pay

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

3.28. FILING OF BID PROTESTS

Bidders may file a “protest” of a Bid with the City Clerk. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date or any City determination or recommendation regarding the Bidder’s bid;

B. Clearly identify the specific irregularity or accusation;

C. Clearly identify the specific City staff determination or recommendation being protested;

D. Specify in detail the grounds for protest and the facts supporting the protest; and

E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, the City may reject the protest without further review.

If the protest is timely and complies with the above requirements, the Finance Director or other designated City staff member, shall review the protest, any response from the challenged

Bidder(s), and all other relevant information. The Finance Director will provide a written decision to the protestor.

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

3.29. BASIS OF AWARD; BALANCED BID

The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.

The lowest Bid will be determined on the basis of the Total Bid Price.

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

3.30. AWARD PROCESS

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

Bidder, the City Council may award the Contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) days from the date of this notification to execute the

Contract and supply the City with all of the required documents and certifications. Once the

City receives all of the properly drafted and executed documents and certifications from the

Bidder, the City will issue a Notice to Proceed to that Bidder.

3.31. EXECUTION OF CONTRACT

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

3.32. QUESTIONS

Questions regarding the Contract Documents, requests for interpretations or clarifications, either administrative or technical, may be submitted through the e-Procurement Portal via the

Q&A tab by 3:00 pm on Thursday, October 15, 2026. All written questions, if answered, will be answered in writing, conveyed to all interested Bidders, and posted through the e-Procurement

Portal. Oral statements regarding this Bid by any persons should be considered unverified information unless confirmed in writing.

No members of the City’s staff or City Council should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

4. BID FORMS

4.1. Type of Business*

Select all that apply

☐ C Corporation (if corporation, two signatures are required)

☐ S Corporation (if corporation, two signatures are required)

☐ Limited Liability C Corporation (if corporation, two signatures are required)

☐ Partnership

☐ Limited Liability Partnership

☐ Sole Proprietor/Individual

☐ Joint Venture

*Response required

4.2. Type your Legal Company Name Here*

State your Company's Name Here. This will be verified against the California Secretary of State's

Website.

*Response required

4.3. Years of Experience*

How many years has Bidder’s company been in business as a Contractor?

*Response required

4.4. DESIGNATION OF SUBCONTRACTORS*

Please download the below documents, complete, and upload.

• DESIGNATION_OF_SUBCONTRACTO...

*Response required

4.5. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database

*Response required

4.6. BID GUARANTEE (BID BOND)*

Please download the below documents, complete, and upload.

• BID_GUARANTEE_FINAL.docx

*Response required

4.7. Enter Surety Company "Name" who Issued Bid Guarantee *

This information will be verified against the California Department of Insurance Website.

*Response required

4.8. NON-COLLUSION DECLARATION*

The undersigned declares:

I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.

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.

☐ Please confirm

*Response required

4.9. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION*

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-

Works/PublicWorks.html for additional information.

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

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of

Industrial Relations.

Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

A. Bidder shall maintain a current DIR registration for the duration of the project.

B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

☐ Please confirm

*Response required

4.10. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database.

*Response required

4.11. BIDDER INFORMATION AND EXPERIENCE FORM*

Please download the below documents, complete, and upload.

• FINAL_BIDDER_INFORMATION_AN...

*Response required

4.12. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION*

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

☐ Please confirm

*Response required

4.13. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION FORM*

Please download the below documents, complete, and upload.

• EEO.pdf

*Response required

4.14. DEBARMENT AND SUSPENSION CERTIFICATION*

Please download the below documents, complete, and upload.

• Debarment.pdf

4.15. NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS*

Please download the below documents, complete, and upload.

• Nonlobbying.pdf

*Response required

4.16. BID SCHEDULE*

IMPORTANT:

THE ELECTRONIC BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY

SUBMITTED ON THE E-PROCUREMENT PLATFORM.

FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-

RESPONSIVE BID.

THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the

City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).

I certify that I have read, understood the above statement.

☐ Please confirm

*Response required

4.17. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories)

A. Full Name

B. Title

C. Physical Business Address

D. Email Address

E. Phone Number

*Response required

4.18. ADDITIONAL BIDDER'S STATEMENTS

If the bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information here.

4.19. BID ACKNOWLEDGMENT*

To the City of Clearlake, a municipal corporation, organized under the laws of the State of

California, with its principal place of business at 14050 Olympic Drive Clearlake, CA 95422.

A. In response to the Contract Documents for project number LF2026(4) and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the

City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and

Endorsements.

E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid.

F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the

Contract is awarded to the undersigned.

1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or

2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's

License Law of the State of California.

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

☐ Please confirm

5. BID SCHEDULE

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Austin Park Skatepark 1 LS

TOTAL

6. CONTRACT FOR CONSTRUCTION & BOND FORMS

A copy of the Construction Contract and Performance/Payment Bonds are included in the

ATTACHMENTS.

7. GENERAL CONDITIONS

7.1. TERMS; DEFINITIONS

A. Defined Terms

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

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

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

c. Additional Work -- New or unforeseen work will be classified as “Additional

Work” when the Engineer determines that it is not covered by the Contract.

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

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

f. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract.

g. Bidder -- The individual or entity who submits a Bid directly to the City.

h. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract

Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

i. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a

Contractor-claimed change to the Work. This term may also be referred to as a

Change Order Proposal (“COP”), or Request for Change (“RFC”).

j. City’s Representative – The City of Clearlake, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably

k. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract.