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- Written by: Lake County News Reports
Plans and specifications for bidding of this project are obtainable at the various bid exchanges and by purchase through California Engineering Company. Purchased plans from the City are for a non-refundable deposit of $150.00 per set. An additional non-refundable deposit of $100.00 for shipping and handling is required. Deposit shall be in the form of a cashier's check, personal check or business check. To obtain plans, contractors may call (707) 994-8201, Adeline Brown or email
Due to the complexities of this project, a Mandatory Pre-Bid Conference is scheduled for this project on Thursday, July 1st, 2021 at 10:00 am at City Hall. Prospective bidders are encouraged to visit the Project Site, and may do so without making arrangements through the City Engineer.
In accordance with California Public Contract Code Section 3400 and Federal Procurement Regulations, bidders may propose equals of products listed in the technical specifications or project plans by manufacturer name, brand or model number, unless the City has made findings as specified herein. Complete information for products proposed as equals must be submitted to California Engineering Company for review at least ten (10) working days before the time specified for bid opening in accordance with the bidders instructions contained in the bid package.
In accordance with California Public Contract Code Section 20170 and Federal Procurement Regulations, all bids must be presented under sealed cover and include one of the following forms of bidder’s security: cash, cashier’s check made payable to the City, certified check made payable to the City, or a bidder’s bond. The amount of bidder’s security provided must equal at least ten (10) percent of the total of the bid price for the base bid and the additive or deductive items listed in this notice. The successful bidder must submit to the City complete, executed copies of all required documents within ten (10) working days of receiving written notice of award of the project. Bidder’s security of any successful bidder that fails to do so will be forfeited to the City. Such required documents include, but are not limited to, a payment or labor and materials bond in an amount of at least 100 percent of the amount payable by the terms of the project contract and that satisfies the requirements of California Civil Code Section 9554, and a performance bond in an amount of at least 100 percent of the amount payable by the terms of the contract. All project bonds must be executed by an admitted surety insurer in accordance with applicable law and acceptable to the City.
The Contractor shall pay the higher of the two, between state prevailing wage rates and federal Davis-Bacon wage rate as provided in Appendix A. Pursuant to the provisions of Section 1770 et seq. of the California Labor Code the Director of Industrial Relations for the State of California has ascertained the current general prevailing rate of wages for employer purposes, in Lake County, State of California. Not less than the general prevailing rate of per diem wages for work of a similar character in Lake County and not less than the general prevailing rate of per diem wages for holiday work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the project.
Pursuant to the provisions of Section 1771.1 of the California Labor Code, A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to Civil Code Section 1725.5. Please note: It is not a violation of Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that Bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, shall not be accepted by the City.
In accordance with the California Government Code Section 1773.2, copies of the applicable determinations of the Director are on file in the City of Clearlake, office of the City Clerk’s, and may be reviewed upon request.
In accordance with California Civil Code Section 1771.4, the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In accordance with California Public Contract Code Section 3300, a valid Class A California contractor’s license is required at the time the contract is awarded. In accordance with California Public Contract Code Section 22300, except where prohibited by federal regulations or policies, the successful bidder may, on request and at its expense, substitute securities in lieu of amounts withheld by the City from progress payments to ensure performance under the contract in accordance with the contract documents.
The City of Clearlake reserves the right to postpone the date and time for the opening of proposals at any time prior to the date and time announced in the advertisement in accordance with applicable law. The City of Clearlake reserves the right to reject any and all bids or to waive any defects or irregularity in bidding in accordance with applicable law. In accordance with California Public Contract Code Section 20103.8, if the City elects to award a contract for performance of the project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price for the base bid without consideration of the bid price for any additive or deductive items. All bids will remain valid for 90 days after the bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder’s security, bidders may not withdraw their bid during the 90 day period after the bid opening.
Sulphur Fire Roadway Disaster Repair Project Description: The project consists of repairing approximately 8.15 miles of various roads within the Northwest part of the City of Clearlake which experienced damage from the Sulphur Fire in 2017. The repair road widths vary from 15 ft. to 30 ft., and the shoulder width varies from 1 ft. to 4 ft. The project does not alter nor change any existing/historical drainage patterns; however, the existing storm drain system has been damaged and will be replaced in various locations. All roadways are single lanes in each direction (two-lane roads).
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- Written by: Lake County News Reports
ORDINANCE NO. 253-2021
AN ORDINANCE AMENDING SECTION 3-4 OF THE CLEARLAKE MUNICIPAL CODE RELATED TO PURCHASING AND SALES
WHEREAS, state law allows the City to determine its policies for purchasing of supplies and equipment and for the disposal of surplus supplies and equipment, unless otherwise provided for in state law (such as the procedures governing public works projects); and
WHEREAS, the City desires to update its Municipal Code Section 3-4 “Purchasing and Sales” to provide for efficient and economical purchasing of supplies and equipment and disposal of surplus property.
The City Council of the City of Clearlake, State of California does hereby ordain as follows:
SECTION 1. Subsection 3-4.3 of the Clearlake Municipal Code is amended to read as follows:
“3-4.3 Purchases by City Council—Competitive Bidding.
When the amount or value involved is over twenty-five thousand ($25,000.00) dollars, the purchase shall be made by the City Council through competitive bid for purchases and contracts for supplies and equipment in accordance with the following. Bids should be obtained from one or more vendors located within the City of Clearlake whenever practical.
a. Notice inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether bid deposit or bond, faithful performance bond or other security will be required.
b. At least ten (10) days before the date of opening the bids, notice inviting bids shall be published in a newspaper of general circulation printed and published in the City, or posted in at least three (3) public places in the City that have been designated by ordinance as the place for posting public notices,.
c. The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on an applicable the bidder’s list, if any, and may advertise the notice inviting bids in applicable publications and websites readily accessible to the public.
d. When deemed necessary by the Purchasing Agent or City Council, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent or City Council. Successful bidders (and their sureties, if a bond is furnished) shall be liable for any damages upon the failure to enter into a contract with the City or upon the failure to perform in accordance with the bid.
e. When deemed necessary by the Purchasing Agent or City Council, any person or entity entering into a contract with the City may be required to furnish a faithful performance bond and/or other security in an amount determined by the Purchasing Agent or Council.
f. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
g. At its discretion, the City Council may reject all bids presented and readvertise for bids.
h. Contracts shall be awarded by the City Council to the lowest responsive, responsible bidder, except as otherwise provided in this section.
i. If two (2) or more bids received from responsive, responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may award the contract based on the lowest price obtained by negotiation with the tie bidders.”
SECTION 2. Subsection 3-4.5 of the Clearlake Municipal Code is amended to read as follows:
“3-4.5 Exceptions to Competitive Bidding Requirements.
a. The requirements of subsection 3-4.3 concerning competitive bidding shall not apply to the following:
1. Contracts involving the acquisition of professional or specialized services, such as, but not limited to, services rendered by architects, engineers, surveyors, construction managers, accountants, attorneys and other specialized consultants;
2. Where the City’s requirements can be met solely by a particular patented article or process or item or service available only from a single source;
3. Where no bids have been received following bid announcements in accordance with this section;
4. When the amount involved is twenty-five thousand dollars ($25,000) or less;
5. When an emergency requires dispensing with competitive bidding to protect the public health, safety and welfare;
6. When another public agency has administered a competitive bidding process within the past two years for the same or substantially similar supplies, services or equipment, the City may purchase supplies, services or equipment in reliance on such executive process of such other public agency in lieu of compliance with this section;
7. When the City Council specifically waives the competitive bid process and authorizes staff to negotiate the purchase by a four-fifths vote;
8. The purchase of supplies, equipment, or services through a cooperative purchasing agreement or program, or by using a competitively awarded agreement of another local, State, or Federal government agency or joint powers authority made up of government agencies to obtain the same supplies, equipment or services at the same or lower prices (commonly referred to as “piggybacking”). Such programs and agreements include, but are not limited to, the California Multiple Award Schedules Program (CMAS), The Interlocal Purchasing Systems (TIPS), the U.S. General Services Administration (GSA) Multiple Award Schedule Program, Sourcewell, and the U.S. Communities Government Purchasing Alliance; and
9. When competitive bidding pursuant to this section would be impracticable, infeasible, or otherwise unavailing, and provide no advantage for the public in accordance with legal doctrine discussed in Genevieve Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631.
b. Any application to the City Council for an exception under this section shall include the nature of the contract, amount of the contract, and the reasons why competitive bidding is not feasible.“
SECTION 3. Subsection 3-4.6 of the Clearlake Municipal Code is amended to read as follows:
“3-4.6 Purchases of Less than Twenty-Five Thousand ($25,000.00) Dollars—Procedure.
Where the amount or value involved is less than twenty-five thousand ($25,000.00) dollars the purchase may be made by the Purchasing Agent, without written bid, and by informal price checking through telephone or mail inquiry and comparison of prices on file or otherwise. When deemed by the Purchasing Agent to be practical and necessary in order to get the best value for the City on the purchase, the Purchasing Agent shall attempt to receive multiple price quotations. At the discretion of the Purchasing Agent, the formal competitive bid process may be used where the value of goods and services twenty-five thousand ($25,000.00) dollars or less.”
SECTION 4. Subsection 3-4.10 of the Clearlake Municipal Code is amended to read as follows:
“3-4.10 Surplus Supplies and Equipment.
At such times as determined by the Purchasing Agent, reports shall be prepared showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Agent shall have the authority to sell, trade or exchange all said supplies and equipment which have a fair market value of less than (Ten Thousand Dollars) $10,000. The Purchasing Agent shall have the discretion to dispose of surplus supplies and equipment which have a fair market value of (Ten Thousand Dollars) $10,000 or more either by offering them for sale in a public auction or by exchanging or trading-in such supplies or equipment in part or full payment for new supplies, materials or equipment of a similar nature. Such sales will be made pursuant to subsection 3-4.3 or subsection 3-4.6 of this section, whichever is applicable.”
SECTION 5. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 6. EXECUTION.
The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
Passed and Adopted this 6th day of May, 2021 by the following vote:
AYES: Mayor Slooten, Vice Mayor Perdock, Councilmembers Overton, Claffey and Cremer
NOES: None
ABSENT OR NOT VOTING: None
_________________________ Dirk Slooten
Mayor, City of Clearlake
ATTEST:
_______________________________
Melissa Swanson
City Clerk, City of Clearlake
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- Written by: Lake County News Reports
CITY OF CLEARLAKE
ORDINANCE NO. 252-2021
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE
APPROVING A DEVELOPMENT AGREEMENT WITH CHANDRA MARTINEZ FOR
PROPERTY LOCATED AT 14935 & 14915 OLYMPIC DRIVE, UNITS A, B-2, O, G, H, I, K, M & N
WHEREAS, the State of California enacted California Government Code Sections 65864, etc. to authorize municipalities to enter into Development Agreements with those having an interest in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within their jurisdiction; and
WHEREAS, Chandra Martinez, (TENANT), who intends to operate commercial cannabis businesses at subject property, located at 14935 and 14915 Olympic Drive (Units A, B-2, O, G, H, I, K, M and N), City of Clearlake, County of Lake, State of California (“Site”) that is the subject of this agreement; and
WHEREAS, the TENANT presently intends to develop commercial cannabis operations (Cannabis Cultivation, Manufacturing, Distribution, Nursery and Retail Delivery) on the site consistent with the California Cannabis Laws, the City’s Municipal Code, and Project Approvals (known as the “Project”); and
WHEREAS, the Planning Commission of the City of Clearlake approved Use Permit Applications to allow Cannabis Cultivation, Manufacturing, Distribution, Nursery and Retail Delivery on March 9th, 2021 and;
NOW THEREFORE, the City Council of the City of Clearlake does hereby ordain as follows:
SECTION 1. After conducting duly noticed hearings before the City Council on April 15, 2021 and, and after independent review and consideration, the City Council approves the execution of the Development Agreement, hereby adopted as Exhibit A to this Ordinance.
SECTION 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 3. Execution. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.
I hereby certify that the foregoing Ordinance was PASSED, APPROVED and ADOPTED this 6th day of May, 2021.
AYES: Mayor Slooten, Vice Mayor Perdock, Councilmembers Overton, Claffey and Cremer
NOES: None
ABSENT OR NOT VOTING: None
______________________________
Dirk Slooten, Mayor
Attest:
_______________________________________
Melissa Swanson, City Clerk