Civic Center Park Landscaping and Facility Improvements.pdf

INVITATION FOR BID

2026-IFB-054

CIVIC CENTER PARK LANDSCAPING AND FACILITY

IMPROVEMENTS

City of Palm Desert

73-510 Fred Waring Drive

Palm Desert, CA 92260

RELEASE DATE: September 3, 2026

DEADLINE FOR QUESTIONS: September 17, 2026

RESPONSE DEADLINE: September 24, 2026, 5:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Palm Desert

INVITATION FOR BID

Civic Center Park Landscaping and Facility Improvements

1. INTRODUCTION

2. NOTICE INVITING BIDS

3. INSTRUCTIONS TO BIDDERS

4. SCOPE OF WORK

5. GENERAL CONDITIONS

6. BID FORMS

7. BID SCHEDULE

8. CONTRACT FOR CONSTRUCTION & BOND FORMS

9. PROTESTS

10. CONSTRUCTION PLANS AND DRAWINGS

Attachments:

A - BID_GUARANTEE_(Bid_Bond)

B - Contract for Construction SAMPLE

C - Payment and Performance Bonds Template

D - APPROVED - PG-26-0021 PRECISE GRADING PLAN

E - TAFFY SITE CONSTRUCTION SET

F - Skate Park and Ballfield Restroom Photos

Invitation For Bid #2026-IFB-054 Title: Civic Center Park Landscaping and Facility Improvements

1. INTRODUCTION

1.1. Summary

The City of Palm Desert (“City”) is requesting sealed bids from qualified contractors for the Civic Center

Park Landscaping and Facility Improvements, Project No. CFA00011 (“Project”). The Project generally consists of landscape, irrigation, lighting, hardscape, site, and related improvements surrounding the

Taffy public art installation within Civic Center Park, together with improvements to nearby park restroom facilities and other designated landscaped areas within the park.

The Contractor shall furnish all labor, supervision, materials, equipment, tools, transportation, permits, utilities, and incidental services necessary to complete the Work in accordance with the Contract

Documents, including the plans, specifications, Bid Schedule, and all issued Addenda.

1.2. Background

Civic Center Park is a major public recreational and civic space located adjacent to Palm Desert City Hall.

The park contains a variety of recreational amenities, landscaped areas, public facilities, and public art and remains actively used by residents and visitors throughout the year.

Taffy is a recent addition to the Palm Desert Public Art Program. Formerly exhibited at the Coachella

Valley Music and Arts Festival, the artwork is being leased to the City by Goldenvoice for display within

Civic Center Park. The City has developed landscape, lighting, and site improvements intended to complement the artwork and enhance its visibility, accessibility, and surrounding visitor environment.

In conjunction with these improvements, the Project includes renovations to designated restroom facilities and improvements to additional landscaped areas within Civic Center Park. Because the Work will occur within an active public park, the Contractor will be required to coordinate construction activities to maintain safe public access to unaffected portions of the park and minimize disruption to park operations, surrounding facilities, and visitors.

1.3. Contact Information

Project Contact:

Maria Murillo

Management Analyst

73510 Fred Waring Drive

Palm Desert, CA 92260

Email: mmurillo@palmdesert.gov

Phone: (760) 574-7781

Procurement Contact:

Celina Cabrera

Senior Management Analyst

73510 Fred Waring Dr

Palm Desert, CA 92260

Email: ccabrera@palmdesert.gov

Phone: (760) 776-6449 mailto:mmurillo@palmdesert.gov tel:(760)574-7781 mailto:ccabrera@palmdesert.gov tel:(760)776-6449

Department:

PW - Operations & Maintenance

1.4. Timeline

Release Project Date September 3, 2026

Pre-Proposal Meeting (Non-Mandatory) September 9, 2026, 11:30am

City of Palm Desert

City Hall - Administrative Conference Room

73-510 Fred Waring Drive

Palm Desert, CA 92260 or via Zoom https://palmdesert.zoom.us/j/86029874342

Question Submission Deadline September 17, 2026, 5:00pm

Question Response Deadline September 21, 2026, 5:00pm

Bid Submission Deadline September 24, 2026, 5:00pm

2. NOTICE INVITING BIDS

2.1. NOTICE

NOTICE IS HEREBY GIVEN that the City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California ("City"), will receive electronic Bids through OpenGov

Procurement until 5:00 pm on Thursday, September 24, 2026 for the Civic Center Park Landscaping and

Facility Improvements, Project No. CFA00011 (“Project”).

The Work generally consists of furnishing all labor, supervision, materials, equipment, tools, transportation, permits, utilities, and incidental services necessary to complete the Project in accordance with the Contract Documents.

Bids received after the stated deadline will not be accepted. After the Bid submission deadline, Bid results will be publicly posted on OpenGov Procurement. Bids shall remain valid for 90 calendar days following the Bid opening date.

https://palmdesert.zoom.us/j/86029874342

2.2. PROJECT DESCRIPTION

The Project consists of landscape, site, lighting, and related improvements within Civic Center Park, including improvements surrounding the Taffy public art installation, renovations to the Skate Park and

Ballfield restroom facilities, and improvements to other designated landscaped areas within the park.

The Work shall include all construction, demolition, installation, restoration, coordination, testing, cleanup, and incidental work required by the Contract Documents, including the plans, specifications, Bid Schedule, and issued Addenda.

Engineer's Estimate: $850,000

2.3. TIME FOR COMPLETION

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

Contract Documents within 90 calendar days from the commencement date specified in the Notice to

Proceed.

2.4. SUBMITTAL INSTRUCTIONS

Bids must be submitted electronically through OpenGov Procurement using the forms and electronic response fields provided by the City. The Contract Documents are available through the City's OpenGov

Procurement portal.

Each prospective Bidder is responsible for downloading, reviewing, and verifying the completeness of the

Contract Documents prior to submitting a Bid. Bidders are also responsible for monitoring OpenGov

Procurement through the Bid submission deadline for Addenda, clarifications, and other solicitation updates.

To the extent required by Public Contract Code section 20103.7, upon request from a contractor plan room service, the City will provide an electronic copy of the Contract Documents at no charge.

The City assumes no responsibility for incomplete, inaccurate, or defective reproductions of the Contract

Documents obtained from sources other than the City's OpenGov Procurement portal. In the event of a discrepancy, the Contract Documents and Addenda issued by the City shall control.

Each Bid shall be accompanied by a Bid Guarantee in an amount not less than ten percent (10%) of the

Total Bid Price, as further described in this Solicitation.

2.5. PRE-BID MEETING

A Non-Mandatory Pre-Bid Conference is scheduled for Wednesday, September 9, 2026 at 11:30 am to review the Project's existing conditions at City of Palm Desert City Hall - Administrative Conference Room

73-510 Fred Waring Drive Palm Desert, CA 92260 or via Zoom https://palmdesert.zoom.us/j/86029874342. Representatives of City and consulting engineers, if any, will be present.

2.6. ADDITIONAL REQUIREMENTS

Faithful Performance Bond and Labor and Material Payment Bonds. The successful Bidder shall furnish a Faithful Performance Bond and Labor and Material Payment Bond, each in an amount equal to one hundred percent (100%) of the Contract Price, in accordance with the Contract Documents. 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.

Prevailing Wage. The Project is a public work subject to applicable California prevailing wage requirements. The successful Bidder and all subcontractors shall comply with all applicable provisions of the California Labor Code, including requirements relating to prevailing wages, apprentices, certified payroll records, and labor compliance.

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 Riverside County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at:

www.dir.ca.gov/dlsr/

DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, contractors and subcontractors performing public work must maintain current registration with the Department of Industrial Relations as required by law.

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.

Contractor License. The Bidder shall possess a valid Class A, Class B, or the qualified combination of Class

C licenses. throughout the time it submits its Bid and for the duration of the Contract.

CARB Compliance. The California Air Resources Board (“CARB”) implemented amendments to the In-Use

Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf . Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq.

throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by

CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

Specific Brands or Trade Names. 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.

https://www.dir.ca.gov/dlsr/ https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf

2.7. AWARD

The City shall award the contract for the Project to the lowest responsive, responsible Bidder based on

Total Bid Price, as determined by the City.

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.

3. INSTRUCTIONS TO BIDDERS

3.1. SECURING DOCUMENTS

The Contract Documents are available through OpenGov Procurement. Bidders must register through

OpenGov Procurement in order to submit a Bid and to receive notifications regarding Addenda and other solicitation updates.

Contract Documents may also be made available through contractor plan rooms. Bidders obtaining documents from a plan room or other source remain responsible for registering through OpenGov

Procurement and ensuring that they have reviewed all Contract Documents and Addenda issued by the

City.

3.2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

Each Bidder is responsible for carefully reviewing the Contract Documents and becoming familiar with the conditions that may affect the performance of the Work. This includes, as applicable, the Drawings, Specifications, Bid Schedule, Contract, Addenda, applicable laws and regulations, licensing requirements, prevailing wage requirements, permit requirements, site access limitations, existing facilities, and other conditions relevant to preparation of the Bid.

Bidders are encouraged to inspect the Project Site and to make such reasonable observations and inquiries as they deem necessary to understand the existing conditions and the requirements of the

Work. Any site inspection shall be conducted in a manner that does not interfere with City operations, park users, or other activities occurring at the Project Site.

Each Bidder shall be responsible for considering conditions that are reasonably observable or otherwise disclosed in the Contract Documents when preparing its Bid. If a Bidder identifies an apparent error, inconsistency, ambiguity, omission, or condition requiring clarification, the Bidder shall submit a written question through OpenGov Procurement in accordance with the requirements and deadline established in these Instructions to Bidders.

Submission of a Bid constitutes the Bidder’s acknowledgment that it has reviewed the Contract

Documents, considered the conditions reasonably necessary to prepare its Bid, and has included in its

Bid all costs necessary to perform the Work in accordance with the Contract Documents, except as otherwise provided by applicable law or the Contract Documents.

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 OpenGov Procurement via the Q&A tab until the deadline of Thursday, September 17, 2026 before 5:00 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 OpenGov Procurement.

The City will not be responsible for any other explanation or interpretations of the Contract Documents.

If a prospective Bidder 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

A Non-Mandatory Pre-Bid Conference is scheduled for Wednesday, September 9, 2026 at 11:30 am to review the Project's existing conditions at City of Palm Desert City Hall - Administrative Conference Room

73-510 Fred Waring Drive Palm Desert, CA 92260 or via Zoom https://palmdesert.zoom.us/j/86029874342.

Representatives of City and consulting engineers, if any, will be present. Oral statements regarding this

Bid at the Pre-Bid Conferences should be considered unverified information unless confirmed in writing.

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 OpenGov Procurement. Addenda will be published on OpenGov Procurement. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should visit OpenGov Procurement to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall acknowledge any/all addenda published for this project electronically on OpenGov Procurement. Failure to acknowledge all Addenda may be sufficient cause for rejecting the Bid.

3.6. COMPLETION OF BID FORMS

Bidders shall complete and submit all Bid Forms, certifications, attachments, and electronic response fields required through OpenGov Procurement. All requested information shall be provided. Where a response is not applicable, the Bidder shall enter “N/A,” unless otherwise instructed.

All Bid Forms shall be completed in the form provided by the City. Bidders shall not alter, delete, qualify, condition, supplement, or otherwise modify the City’s Bid Forms or Contract Documents except where expressly permitted by the solicitation. Unauthorized modifications, conditions, exceptions, or qualifications may cause the Bid to be deemed nonresponsive.

Each Bid shall be executed by an individual authorized to bind the Bidder. The City may require evidence of the signatory’s authority in accordance with these Instructions to Bidders.

The Bid Schedule shall be completed electronically through OpenGov Procurement. Bidders shall enter a price for each required Bid item. OpenGov Procurement will calculate applicable extensions, subtotals, and totals based on the information entered by the Bidder. Each Bidder is responsible for reviewing and verifying the accuracy and completeness of all pricing before submitting its Bid.

Bidders shall include in their Bid prices all labor, materials, equipment, tools, supervision, overhead, profit, taxes, transportation, temporary facilities, permits, insurance, bonds, and other costs necessary to perform the Work in accordance with the Contract Documents. The cost of Work required by the

Contract Documents but not separately identified as a Pay Item shall be included in the applicable Bid item or items, and no additional compensation shall be due solely because such Work is not separately identified in the Bid Schedule.

Quantities identified in the Bid Schedule are provided for bidding and comparison purposes unless otherwise specified in the Contract Documents. Actual quantities of Unit Price Work may vary from the estimated quantities and shall be administered in accordance with the Contract Documents.

Failure to complete or submit a required Bid Form, certification, attachment, response field, Bid

Schedule item, or other required Bid document may render the Bid nonresponsive.

3.7. 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.

3.8. SUBCONTRACTORS

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

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

Contract Code Section 4107.

3.9. LICENSING REQUIREMENTS

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

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

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, Class B, or the qualified combination of Class C licenses.

3.10. BID GUARANTEE (BOND)

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

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 Palm Desert to guarantee the Bidder will enter into a Contract with the City.

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

Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline of 5:00 pm on Thursday, September 24, 2026.

The surety insurer shall be a 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 Guarantee 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.

3.11. 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) or more, certify at the time the Bid is submitted that the person is not identified on a list created pursuant to subdivision (b) of Public Contract

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

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

Section 2202.5, as applicable.

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

3.12. NON-COLLUSION DECLARATION

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

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

3.13. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION

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

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

3.14. BIDDER INFORMATION AND EXPERIENCE FORM

Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The 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.

3.15. WORKERS' COMPENSATION CERTIFICATION

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

3.16. AUTHENTICATION OF BIDS

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

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

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

3.17. SUBMISSION OF BIDS

Except for a Bid Guarantee, all Bids and Bid Forms shall be submitted electronically through the OpenGov

Procurement. Unless otherwise specified herein, the Bid Forms shall be submitted through OpenGov

Procurement. No other method of submitting Bids will be accepted. Bidders may not submit Bids by fax, email, telephone, mail, or other means; any Bids received through any means other than OpenGov

Procurement will be returned unopened.

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

NOT ACCEPT LATE BIDS. 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.

Bidders experiencing any technical difficulties with the Bid submission process may contact OpenGov

Procurement Support using the real time chat function in the platform or at support@procurenow.com.

If you continue to have difficulty, please contact Celina Cabrera at (760) 776-6449. Neither the City nor

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

3.18. OPENING OF BIDS

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

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

1. The name and business location of the Bidder.

2. The Bid amounts.

The 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.

3.19. WITHDRAWAL OF BID

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

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

3.20. BIDDERS INTERESTED IN MORE THAN ONE BID

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

3.21. SELF-PERFORMANCE

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

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

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

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

3.22. SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments for the Work completed. The 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 http://www.dir.ca.gov/ public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the 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. COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATION

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

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

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

Bid non-responsive.

3.29. BASIS OF AWARD; BALANCED BID

The 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

Following the Bid opening, the City will review the Bids to determine the lowest responsive, responsible

Bidder in accordance with the Contract Documents. Award of the Contract, if made, will be by the City

Council or other authorized City representative, as applicable.

The apparent Successful Bidder should be prepared to promptly provide all post-award documents required by the Contract Documents, including the following:

• Executed Contract;

• Faithful Performance Bond;

• Labor and Material Payment Bond;

• Required certificates of insurance and endorsements; and

• Any other documents, certifications, or information required by the Contract Documents.

Following issuance of the Notice of Award, the Successful Bidder shall execute the Contract and submit all required post-award documents within ten (10) Days, unless otherwise stated in the Notice of Award or Contract Documents.

The City will not issue a Notice to Proceed until the Contract has been fully executed and all required bonds, insurance documents, and other post-award requirements have been received and accepted by the City.

If the Successful Bidder fails to timely execute the Contract or provide the required post-award documents, the City may rescind the award, enforce the Bid Guarantee as permitted by the Contract

Documents, award the Contract to the next lowest responsive, responsible Bidder, or take any other action permitted by law.

3.31. EXECUTION OF CONTRACT

As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The 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.

3.32. QUESTIONS

• Questions regarding the Contract Documents, requests for interpretations or clarifications, either administrative or technical, may be submitted through OpenGov Procurement via the Q&A tab by

5:00 pm on Thursday, September 17, 2026. All written questions, if answered, will be answered in writing, conveyed to all interested Bidders, and posted through OpenGov Procurement. 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. SCOPE OF WORK

4.1. Project Locations

The Work will be performed at multiple locations within Civic Center Park, including:

1. The Taffy public art installation site and surrounding landscape area;

2. The Skate Park restroom facility; and

3. The Ballfield restroom facility.

Refer to the Construction Plans, Specifications, and applicable exhibits for the limits and locations of the

Work.

4.2. Scope of Work

The Work generally consists of furnishing all labor, supervision, materials, equipment, tools, transportation, temporary facilities, traffic and pedestrian control, utility coordination and connections, permits, and incidental services necessary to complete the Civic Center Park Landscaping and Facility

Improvements in accordance with the Contract Documents.

The Work generally includes, but is not limited to:

1. Taffy Site Improvements: Construction of landscape, lighting, grading, irrigation, site, and related improvements surrounding the Taffy public art installation, as shown in the Construction

Plans and Specifications. The installation, placement, assembly, or relocation of the Taffy artwork itself is not included in the Contractor’s Work. The Contractor shall coordinate its Work with the City and any separate contractor or entity responsible for installation of the artwork.

2. Landscape Improvements: Removal, installation, modification, and restoration of designated landscaping and irrigation improvements within the Project limits.

3. Restroom Improvements: Renovation and improvement of the Skate Park and Ballfield restroom facilities as shown in the Contract Documents.

4. Site and Utility Work: Required grading, excavation, utility connections, electrical work, concrete or other site improvements, and restoration associated with the Project.

5. Public Access and Protection: Provision and maintenance of all required barricades, pedestrian controls, temporary access measures, safety protections, and coordination necessary to perform the Work within an active public park.

6. Project Completion: Testing, inspections, cleanup, restoration, record documentation, warranties, and all other incidental Work necessary to provide a complete and functional

Project.

The foregoing description is intended only as a general summary of the Work. Bidders shall review the entire Contract Documents, including the Construction Plans, Specifications, Bid Schedule, Special

Conditions, and Addenda, for the complete requirements of the Project.

4.3. Active Park Operations

Civic Center Park is expected to remain open to the public during performance of the Work, except in areas specifically authorized by the City for temporary closure. The Contractor shall coordinate its operations to maintain safe access to unaffected park facilities and minimize disruption to park users, City operations, and other activities occurring within the park.

4.4. Coordination

The Contractor shall coordinate the Work with the City, Project consultants, utility providers, other contractors, and park operations as necessary. The Contractor shall sequence its Work to avoid unnecessary interference with activities occurring outside the Contractor’s designated work areas.

5. GENERAL CONDITIONS

5.1. TERMS; DEFINITIONS

5.1.1 Defined Terms

Whenever used in the Contract Documents and printed with initial capital letters, the following terms shall have the meanings stated below. Defined terms shall apply equally to the singular and plural forms, as applicable. Terms with initial capital letters may also refer to identified sections, paragraphs, documents, or forms within the Contract Documents.

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

Addenda – Written or graphic instruments issued prior to submission of Bids that clarify, correct, or modify the Contract Documents.

Additional Work – New or unforeseen Work determined by the Engineer to be outside the Work required by the Contract Documents.

Applicable Laws – All applicable federal, state, and local laws, statutes, ordinances, rules, codes, regulations, permits, licenses, and requirements of governmental or private authorities having jurisdiction over the Work, including utilities.

Bid – The offer submitted by a Bidder on the prescribed forms setting forth the prices and other terms for performance of the Work.

Bid Guarantee – The Bid Bond, cashier’s check, certified check, or other form of bid security permitted by the Contract Documents and submitted by the Bidder as a guarantee that the Bidder will enter into the Contract if awarded.

Bidder – The individual or entity that submits a Bid directly to the City.

Change Order (“CO”) – A written document issued on or after the Effective Date of the Contract that authorizes an addition, deletion, or revision to the Work or an adjustment to the Contract Price or

Contract Time in accordance with the Contract Documents.

Change Order Request (“COR”) – A request submitted by the Contractor seeking an adjustment to the

Contract Price, Contract Time, or both as a result of a claimed change in the Work. This term may also be referred to as a Change Order Proposal (“COP”) or Request for Change (“RFC”).

City’s Representative – The individual designated by the City to act on its behalf with respect to the

Contract within the scope of the authority assigned to that individual. The City’s Representative may include the Engineer or another authorized agent of the City.

Claim – A written demand or assertion by the City or Contractor seeking an adjustment to the Contract

Price, Contract Time, or other relief arising from or relating to the Contract. A demand for money or services by a third party is not a Claim under this definition.

Contract – The entire integrated written agreement between the City and Contractor concerning the

Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The

Contract supersedes all prior negotiations, representations, or agreements, whether written or oral, and consists of the Contract Documents.

Contract Documents – The documents identified as Contract Documents in the Contract for

Construction. Documents provided by the City solely for informational or reference purposes, including certain reports or drawings addressing subsurface or physical conditions, are not Contract Documents unless expressly identified as such.

Contract Price – The total amount payable by the City to the Contractor as compensation for complete performance of the Work, subject to additions or deductions authorized by the Contract Documents and including all applicable taxes and costs.

Contract Time – The number of Days or dates stated in the Contract Documents for achieving required milestones, if any, and completing the Work.

Contractor – The individual or entity with which the City enters into the Contract for performance of the

Work.

Contractor’s Designated On-Site Representative – The individual identified by the Contractor to serve as its authorized representative at the Project Site. The designated representative shall not be changed without prior written notice to and approval by the City.

Critical Supply Shortage – An unusual shortage of materials that:

• Is supported by documentation demonstrating that the Contractor made reasonable efforts to obtain the materials from available sources;

• Results from the physical unavailability of the materials or their availability only at prices that are extraordinarily inconsistent with prevailing market rates, taking into consideration quantities and customary industry procurement practices; and

• Could not reasonably have been known or anticipated by the Contractor at the time of Bid submission or execution of the Contract.

Ordinary market fluctuations or increases in material prices, whether or not related to a Force Majeure

Event, do not constitute a Critical Supply Shortage.

Day – A calendar day of 24 hours measured from midnight to midnight, unless otherwise expressly stated.

Defective Work – Work that is unsatisfactory, faulty, deficient, does not conform to the Contract

Documents, or does not satisfy the requirements of an inspection, reference standard, test, or approval required by the Contract Documents.

Demobilization – The complete dismantling and removal from the Project Site of the Contractor’s temporary facilities, equipment, materials, and personnel upon completion of the Work or as otherwise required by the Contract Documents.

Drawings – The portion of the Contract Documents prepared by the Engineer of Record that graphically depicts the scope, extent, and character of the Work. Shop Drawings and other Contractor Submittals are not Drawings.

Effective Date of the Contract – The date identified in the Contract as the date on which it becomes effective. If no date is identified, the Effective Date shall be the date on which the Contract is signed and delivered by the last party to execute it.

Engineer – The City Engineer or other engineer authorized by the City to act on its behalf, either directly or through duly authorized representatives acting within the scope of their assigned responsibilities.

Force Majeure Event – An event beyond the reasonable control of the affected party that materially affects performance and consists of one or more of the following:

• Acts of God or other natural disasters occurring at the Project Site;

• Terrorism or other acts of a public enemy;

• Orders of governmental authorities, including unreasonable and unforeseeable delays in issuance of permits or approvals required for the Work;

• Pandemics, epidemics, or quarantine restrictions;

• Strikes or other organized labor actions occurring at the Project Site, but only to the extent such actions are beyond the control of the Contractor and its Subcontractors and cannot reasonably be avoided through use of replacement workers; or

• A Critical Supply Shortage.

For purposes of this definition, “orders of governmental authorities” include ordinances, emergency proclamations and orders, public health or safety regulations, and other actions taken by the City in its governmental capacity.

Hazardous Waste – Hazardous waste as defined in Section 104 of the Solid Waste Disposal Act (42 U.S.C.

§ 6903), as amended, or any substance or material identified as hazardous under applicable state or federal law governing the handling, disposal, or cleanup of such substance or material, whichever requirement is more restrictive.

Holiday – The following days:

• New Year’s Day – January 1

• Martin Luther King Jr. Day – Third Monday in January

• Presidents’ Day – Third Monday in February

• Memorial Day – Last Monday in May

• Independence Day – July 4

• Labor Day – First Monday in September

• Veterans Day – November 11

• Thanksgiving Day – Fourth Thursday in November

• Friday after Thanksgiving

• Christmas Eve – December 24

• Christmas Day – December 25

• New Year’s Eve – December 31

If a Holiday falls on a Saturday, the preceding Friday shall also be considered a Holiday. If a Holiday falls on a Sunday, the following Monday shall also be considered a Holiday.

Notice of Award – Written notice from the City to the Successful Bidder stating that, upon timely satisfaction of the conditions stated therein, the City intends to enter into the Contract with the

Successful Bidder.

Notice of Completion – The document executed or recorded by the City evidencing completion and acceptance of the…