Aggregate_Materials_and_Road_Maintenance_Materials_(Addendum_#1_Revision).pdf

Invitation For Bids

No. IFB No. FN-0087

FOR

AGGREGATE MATERIALS AND ROAD MAINTENANCE MATERIALS

Contact: Lily Lane, Buyer I

Email: llane@santacruzca.gov

RESPONSE DEADLINE: August 29, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Santa Cruz

Aggregate Materials and Road Maintenance Materials

I. INTRODUCTION

II. GENERAL INFORMATION FOR BIDDERS

III. INSTRUCTIONS FOR BIDDERS

IV. PRELIMINARY SCOPE OF WORK

V. TERMS AND CONDITIONS

VI. BID SUBMITTALS

VII. BID FORM

Attachments:

A - A-Sample Agreement

#IFB No. FN-0087 Title: Aggregate Materials and Road Maintenance Materials

1. INTRODUCTION

1.1. Summary

Quarry products and road maintenance materials are used regularly by various city departments for street paving and repairs, sidewalk work, ground stabilization, and landscaping. Future expenditures (i.e.

products purchased, quantities needed, and amount spent per supplier) will depend on the requirements of future projects performed by the city.

1.2. Background

The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under aat0 Council/Manager form of government. A Mayor and six Council members set policy for the

City and a City Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of San Francisco on the northern edge of the Monterey Bay. It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000. Santa Cruz is part of the National

Marine Sanctuary and is a popular tourist destination owing to its beaches, surf culture, and historical landmarks.

The City provides a full range of municipal services and facilities including a recreational wharf, public golf course, over thirteen hundred acres of open space, full beach services, refuse management, law enforcement, fire protection, and water and wastewater utilities. The City is also host to the University of California Santa Cruz, the Santa Cruz Harbor, and the Santa Cruz Beach Boardwalk amusement park.

1.3. Contact Information

Lily Lane

Buyer I

Email: llane@santacruzca.gov

Phone: (831) 420-5082

Department:

Finance

Department Head:

Elizabeth Cabell

Finance Director

1.4. Timeline

The City will make every effort to adhere to the following tentative schedule. All dates set forth in this

IFB are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this IFB to “time” are Pacific Standard Time.

Release Project Date July 30, 2024 mailto:llane@santacruzca.gov tel:(831)420-5082

Pre-Bid Meeting (Non-Mandatory) August 6, 2024, 10:00am https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTAwZDRjYzEtYzNkZS00N2Q3

LThhZWUtZmFiNGY1YmZkOTA3%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22feab8902-637f-

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641ca716ec3f%22%2c%22Oid%22%3a%2297af676

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Meeting ID: 275 857 793 840

Passcode: 3cFtXf

Dial in by phone

+1 872-242-8054,,313754730# United States, Chicago

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Phone conference ID: 313 754 730#

IFB Questions and Clarification Due Date August 16, 2024, 3:00pm

Tentative Response to Clarification

Questions

August 23, 2024

Bid Submittal Due Date August 29, 2024, 3:00pm

Public Bid Opening August 29, 2024, 3:30pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjgyYTAzYWItNWQ0ZC00YTVjL

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641ca716ec3f%22%2c%22Oid%22%3a%2297af676

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Meeting ID: 258 792 940 919

Passcode: BfejC2

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2. GENERAL INFORMATION FOR BIDDERS

2.1. Summary Scope of Work

All applicants must provide thorough and comprehensive responses that clearly demonstrate their team’s approach to and consistency with the below-mentioned standards.

The City invites qualified firms to respond to this Invitation for Bids (IFB) for the project (“Project”) titled below:

Aggregate Materials and Road Maintenance Materials

IFB No. FN-0087

The City anticipates awarding a contracts to a one or more vendors for a five (5) year term with the option of five-one (1) year term extensions if City so elects. The Bidder will provide the services outlined in Section PRELIMINARY SCOPE OF WORK.

The successful Bidder shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete the work described in this RFP. The successful Bidder will provide a brief statement of services, as detailed further in Section PRELIMINARY SCOPE OF WORK.

2.2. Estimated Quantity

The quantities indicated in this solicitation are approximate and based on past experience and expected future need. Quantities may be increased or decreased depending on actual need during the contract term; however, no price adjustments will be allowed as a result of a reduction in the quantity purchased.

2.3. Contact

If you have any questions concerning this solicitation, please ask questions utilizing City’s e-Procurement

Question & Answer feature. his RFP document may be downloaded from the City’s e-Procurement

Portal at https://procurement.opengov.com/portal/santacruzca/projects/64450. For technical assistance, contact OpenGov using the real-time chat feature on the Portal (located in the lower right-hand corner of the screen), or via email at procurement-support@opengov.com for support. All questions must be received by 3:00 pm on Friday, August 16, 2024.

2.4. Pre-Bid Meeting & Site Visit

A mandatory pre-bid meeting is scheduled for the dates and time listed in Timeline in INTRODUCTION

Section via web conference. The purpose of this meeting is to give bidders the opportunity to familiarize themselves with the City’s requirements. Clarification and a review of the IFB process will be discussed at the pre-bid meeting. Attendance at the pre-bid meeting is not mandatory, however, it is strongly encouraged. Access to the pre-bid video meeting is available via the link provided in Timeline in

INTRODUCTION Section.

The City complies with the Americans with Disabilities Act. If you require reasonable accommodations in order to attend the pre-bid meeting, please call the contact listed in the INTRODUCTION section at least

48 hours prior to the meeting.

https://procurement.opengov.com/portal/santacruzca/projects/64450/document?section=564513 https://procurement.opengov.com/portal/santacruzca/projects/64450/document?section=564513 https://procurement.opengov.com/portal/santacruzca/projects/64450 https://procurement.opengov.com/portal/santacruzca/projects/64450 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/santacruzca/projects/64450?section=564510 https://procurement.opengov.com/portal/santacruzca/projects/64450?section=564510 https://procurement.opengov.com/portal/santacruzca/projects/64450?section=564510 https://procurement.opengov.com/portal/santacruzca/projects/64450?section=564510

2.5. Bid Submittal Due Date and Public Bid Opening

All bids will be submitted via the City’s e-Procurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/64450 before due date. Each bid received before 3:00 pm on Thursday, August 29, 2024 will be publicly opened during a Zoom Meeting as stated in Timeline in INTRODUCTION section. Bids received after the deadline will be deemed non-responsive. If one or more members of the public are present, the name of each bidder and the total amount of each bid will be read aloud at the Bid Opening meeting. Those wishing to attend the meeting should log into Zoom to ensure that they can access the meeting ahead of time. Bidders take full responsibility for City’s receipt of its Bid. The City will not be liable for any expenses incurred by Bidders in responding to this solicitation.

2.6. Basis of Award

Award shall be made to the lowest responsive and responsible bidder whose bid is most economical for the purpose intended according to criteria designated in this solicitation.

All items included on the Bid Form will be part of the the Basis of Award for this solicitation, unless otherwise specified in this solicitation. Supplemental items if identified may also be awarded in the impending contract, however, will not be the basis of award. All bidders are required to complete complete all lines of the Bid Form. Failure to meet this requirement may be a sufficient reason to declare the bid non-responsive.

2.7. Definitions

In this IFB document:

A. “Bidder” means contractor, firm, supplier, vendor, or consultant submitting a bid to this IFB.

B. “Bid” means the complete submittal of bidder to the City in response to this IFB, including any written documentation submitted with the submittal.

C. “Subcontractor” means those performing any portion of the services as subcontractors, vendors, suppliers, and other business entities and individuals that is not the bidder.

D. “Key Staff”, if required, means the employees of the Contractor or subcontractor(s) that will provide project leadership or expertise in lead technical services and are considered essential to the success of the word.

E. “Contract” also means Purchase Order or Agreement.

https://procurement.opengov.com/portal/santacruzca/projects/64450 https://procurement.opengov.com/portal/santacruzca/projects/64450/document?section=564510

3. INSTRUCTIONS FOR BIDDERS

3.1. Questions and Requests for Clarification and Addenda

Questions or concerns regarding any aspect of this IFB shall be sent via City’s e-Procurement Portal’s

Question & Answer feature and received by the date identified in Timeline in INTRODUCTION Section.

Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out via an addendum.

The City may determine it is necessary to revise any part of this IFB. Revisions will be made by written addenda and it is the Bidder's sole responsibility to comply with any addenda to this IFB and acknoeledge addenda via City's e-Procurement Portal. Addenda will be posted on the City’s e-

Procurement Portal, https://procurement.opengov.com/portal/santacruzca/projects/64450, under

Bidding Information.

3.2. Bid Submittal

Sealed bids are due no later than the Date and time specified in Timeline in INTRODUCTION Section. All bids will be submitted via City's e-Procurement Portal before the due date.

Prior to any bid being accepted, the bidder must demonstrate compliance with all bid specifications for such product. The burden of proof of compliance with this specification is the responsibility of the bidder. No exceptions to or deviations from this specification shall be considered unless each exception or deviation is specifically stated as an exception and accompanied by a detailed description of the exception and/or deviation. If no exception or deviation is shown, the bidder shall be required to furnish the equipment exactly as specified herein.

Failure to comply with all requirements, instructions, and conditions of the invitation for bids and this specification may result in rejection of bid.

3.3. Non-Response to IFB

If the Bidder does not wish to submit a bid, write “no bid at this time” and the Bidder name on the Bid

Sheet and return by the bid due date. Failure to respond to this Invitation for Bids may result in removal of the Bidder from the bid list for the solicited item.

3.4. Responsive Bids

Bids are considered responsive when they:

A. Comply with all requirements, instructions, and conditions of this solicitation.

B. Comply with the bid specifications and do not have unacceptable exceptions.

C. Include pricing for all items listed.

D. Include all required submittals.

E. Acknowledge all bid addenda.

F. Have signatures on the Bid Sheet.

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G. Are received by the bid due date and time.

Non-responsive bids may not be considered and may be rejected.

3.5. Reservation of Rights

The City may exercise at its sole discretion the following rights. By responding to this IFB, Bidders acknowledge and consent to the following rights.

The City reserves the right to:

• Postpone, cancel, or issue a subsequent IFB.

• Reject any or all bids.

• Reject any bid that is conditional in any way or that contains erasures, items not called for, items not in conformity with applicable law, changes, additions, alternate bids, or any responsive or submitted by a Bidder that is not responsible.

• Issue addenda to amend, modify, add or delete requirements of this IFB.

• Remedy technical errors in the IFB process.

• Disqualify Bidders who are deemed non-responsive to the requirements of this IFB.

• Waive informality or immaterial irregularities or minor defects in a bid offer, accept and/or reject all or part of a bid offer.

• Use judgment whether to respond to questions after the IFB question submittal due date.

• Not award a Purchase Order/Contract.

• Award a Purchase Order/Contract to a single Bidder for the entire procurement or to multiple

Bidders by line item, in groups, or phases according to Section PRELIMINARY SCOPE OF WORK.

• If only one bid is received in response to this bid invitation, require the sole Bidder to submit cost or pricing data to assist in determining if the price is reasonable.

3.6. Bid Sheet Pricing

The Price Schedule can be found in Section BID FORM.

The Bidder shall use Bid Form for the submittal of their Bid Pricing. The Bid price submitted on the Bid

Form shall include the costs for services, systems, or goods listed in Bid Documents. Bid prices shall remain firm and not subject to escalation throughout the term of the contract including extensions.

Bidder's pricing shall be submitted as a firm-fixed fee (flat rate) for performance of all specifications on the Pricing Schedule of the Bid Form. The Price Schedule shall be completed in full and shall be incorporated herein. Any deviations from the Price Schedule may be considered nonresponsive.

All information provided in the IFB documents is based on past experience and expected future need.

Actual orders may vary during the contract term. The City reserves the right to obtain competitive https://procurement.opengov.com/portal/santacruzca/projects/64450/document?section=564513 https://procurement.opengov.com/portal/santacruzca/projects/64450/document?section=564509 quotes for contract items. If the Bidder is not consistently the low bidder for these items, the City may terminate this agreement.

3.7. References

The bidder shall submit with bid a list of a minimum of three (3) client references that have procured

Aggregate Materials and Road Maintenance Materials service from the bidder, for a minimum of 1 year in the last five (5) years which demonstrate relevant experience with the Project. The bidder shall provide company or agency name, contact name, and phone number for each reference. It is the responsibility of the bidder to ensure the client reference contact person is available and willing to provide a reference within the timeframe stated in this section.

3.8. Optional Piggyback Provision

Bidders are requested to indicate on the Bid Sheet if they shall extend the pricing, terms and conditions of this bid to other government agencies, if the bidder is the successful bidder. If the successful bidder agrees to this provision, participating agencies may enter into a contract with the successful bidder for the purchase of the same commodities based on the terms, conditions, and prices, offered by the successful bidder to the City of Santa Cruz for this bid. Minor changes in terms and conditions may be negotiated by participating agencies and the successful bidder.

3.9. Collusive or Shame Bids

No person, supplier, or corporation shall make or file or be interested in more than one bid for the same work, except so far as alternate bid may be called for. Nor shall any person, supplier, or corporation submit a collusive or sham bid, per se, directly or indirectly, to induce any other supplier to submit such a bid, or to refrain from responding, or seek in any way to fix the price, or any portion of the proposed price, in order to secure an advantage against the owner or any person interested in a proposed contract. However, a person, supplier, or corporation submitting a sub-bid to a bidder or quoting prices on materials for a bidder, is not hereby disqualified from submitting sub-bids or quoting prices to other bidders.

The Bidder shall acknowledge that it has not directly or indirectly been collusive with any other bidder in the preparation and submission of the bid by submitting the Non-Collusion Declaration. If at any time it shall be found that the bidder to whom a contract has been awarded has, in presenting the bid, colluded with any other party or parties, said bidder shall be liable to the City for all loss or damage which the City has or may suffer as the result of the collusive activity, including, but not limited to, the cost of advertising and awarding a new contract.

3.10. Public Record

Bids received will become the property of the City. All bids and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” California Government Code, sections 6250 -

6270, once the City has awarded the contract resulting from this solicitation.

If a Bidder’s proprietary information is contained in documents or information submitted to City, and

Bidder claims that such information falls within one or more CPRA exemptions, Bidder must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a public request for such information, City will make best efforts to provide notice to Bidder prior to such disclosure. If a Bidder contends that any documents are exempt from the

CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Bidder fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to

Bidder. Bidder further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Bidder.

3.11. Award Protests

The City desires to foster cooperative relationships with Proposers and to reach a fair agreement in a timely manner.

The City encourages Proposers to resolve issues regarding the RFP requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the proposal due date. This will allow the City time to research the validity of any stated issues and either issue an addendum to the RFP, cancel the RFP, or determine the protest to be unfounded and proceed with the solicitation. In the event, the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Proposers must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

Lily Lane, Buyer I, llane@santacruzca.gov

Any Proposer who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award.

Protest letters regarding a formal contract award will be directed t:

City of Santa Cruz

City Clerk Administrator

809 Center Sreet, Room 9

Santa Cruz, California 95060

Protests will be filed with the City Clerk’s office no later than 5 business days after the written Notice of

Intent to Award is sent by the City. Protest letters will include:

• The name, address, and telephone number of the protester;

• The Project title, RFP Number, and RFP due date;

• Name of City employee and Department designated as the contact in the original RFP;

• A detailed statement of the legal and/or factual grounds for the protest; and

• The form of relief requested.

The City Council will hear the protest prior to award of the contract. The protesting party may protest the City’s or successful Proposer’s failure to comply with the requirements of the Purchasing Ordinance or the solicitation documents. The protest must clearly set forth the basis for the protest; grounds not set forth in the written protest will not be considered by the City Council at the protest hearing. The City

Council will sustain a protest if the protesting party demonstrates by clear and convincing evidence that, as specified above, the City would act improperly in awarding the contract. The decision of the City

Council is final.

3.12. Contract Implementation

Upon award notification and prior to final contract approval, the successful proposer will be required to submit:

• Proof of insurance as specified in this solicitation document.

• Proof of prevailing wage compliance documentation as specified in this solicitation document.

• Living wage ordinance compliance documentation;

• Documentation of all credentials necessary to legally perform the services specified;

• A completed W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and

• Proof of a current City of Santa Cruz business tax certificate if the Contractor is located in, or performs services within, the city limits for more than 6 days annually.

The finalized contract will be in the form included as Appendix A Sample Agreement herein, and include the IFB documents, the Bidder’s Bid Form.

3.13. Environmental Conservation and Sustainable Living

The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living.

This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean

Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). In your Bid Form, please provide information about your company regarding any existing environmental conservation goals or guidelines, environmental or greenhouse gas emissions disclosures, Green Business certifications, existing alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

3.14. Financial Responsibility

The City accepts no financial responsibility for any costs incurred by a bidder in responding to this IFB and bidders acknowledge and agree that their Bids will become the property of the City and may be used by the City in any way deemed appropriate.

4. PRELIMINARY SCOPE OF WORK

4.1. Project Objectives

The City of Santa Cruz is soliciting a contractor(s) to supply aggregate materials and road maintenance materials for various projects throughout the City. On some occasions, the City

Departments may need to pick-up the material on an as-needed basis from the contractor.

Bidders shall ensure all pricing included on the Bid Form for aggregate materials is entered into the correct column , using the “Picked-Up” price for items that the city will pick up, and the

“Delivered” price column for pricing of a vendor delivered product. The bid price must include cost per ton, unless specified otherwise. Delivered items must also include any fuel charges and be inclusive of any additional fees or charged related to the delivery of the product. Bidders shall include the minimum delivery amount and short load charge on the Bid Form when applicable (Bid Form Tables 1-3).

The city expects to award multiple contracts for each category of products (Aggregates, Delivered Aggregates, Asphalt and Oil, and Bitumen and Emulsion). The Bid Form is divided by product category as follows:

Table 1 - Aggregates

Table 2 - Delivered Aggregates

Table 3 - Asphalt and Oil

Table 4 - Bitumen and Emulsion

In order to be considered responsive for a category of products, Bidders must include pricing on each line item of the product category Table. Failure to include pricing or to enter data in the "No Bid" column, may result in a Bidder being deemed non-responsive.

Delivered Road Maintenance Materials may be delivered to any location within Santa Cruz

County and should include a cost per hour.

Delivered aggregate pricing must include delivery to:

Location 1: DeLaveaga Golf Course

401 Upper Park Road

Santa Cruz, CA 95065

Location 2: City of Santa Cruz Corporation Yard

1125 River Street

Santa Cruz, CA 95060

4.2. Minimum Qualifications

• Consideration: Bids will be considered only from individuals and entities that normally engaged in providing and performing Services specified herein. Bidders shall be required to show that they have had experience in providing Services the same or similar nature and that the Bidder has been in formal existence and engaged in similar type Services for not less than five (5) years.

• General: Bidder must have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City of Santa Cruz and shall have all necessary licenses and permits required by law to provide the Services to the City.

Bidder must have current Department of Industrial Relations (DIR) registration if delivering aggregates to City locations.

• Bidder's Information: The City reserves the right before recommending any award to inspect the facilities and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions.

Bidders are required to complete and answer all the Bidder Questionnaire questions located in the Bid Submittals section.

4.3. Service Area

Service area shall include areas within the City of Santa Cruz limits and any outlying areas serviced by the City Departments. Service must be available seven (7) days a week, if required. City Departments may have different hours of operations, contractor will follow up with department contact for specifics.

4.4. Safety Requirements

All work performed under this contract shall be conducted in accordance with the standards customarily adhered to by an experienced and competent provider of the goods and/or services called for under this

Contract using the degree of care and skill ordinarily exercised by reputable providers of such goods and/or services. All work will be performed in a safe manner and shall comply with all safety provisions and regulations. Contractor shall abide by all CAL/OSHA requirements, including the labeling of containers. Contractors who have ten (10) or more employees shall have an injury/illness program as required by OSHA. The City reserves the right to issue restraint or cease and desist orders to Contractor when unsafe or harmful.

4.5. Contractor Responsibilities

A. Standards of Conduct. The Contractor is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the City.

B. Supervision. The Contractor shall always provide adequate and competent supervision during the Contract term. The Contractor shall be readily available to meet with the City. Contractor shall provide the telephone numbers where its representative(s) can be reached.

C. City Premises. Contractor’s employees and agents shall comply with all City rules and regulations while on City premises.

D. Removal of Employee. City may request the Contractor immediately remove from assignment to the City any employee found unfit to perform duties at the City. The Contractor shall comply with all such requests.

E. Communication. Contractor shall ensure that onsite employees can communicate in English both verbally and in writing.

4.6. Pubic Relations, Safety, and Cooperation

All deliveries shall be conducted in a manner as to cause the least possible interference or annoyance to others. The Contractor shall endeavor to maintain good public relations at all times. The Contractor is required to identify the name of their company, confirm that they are a contracted vendor with the City of Santa Cruz, and identify the Foreman on duty if asked by a member of the public. Any follow up communication or inquiries from the public are to be directed and handled by the City Contact.

Contractor shall ensure that all fire hydrants, meter vaults, water and gas shut off valves and similar facilities are accessible during the course of work. Contractor shall maintain clear passage and least amount of inconvenience to public and private traffic ways, businesses, and residences.

Contractor shall strive to keep noise levels to a minimum at all times. Additionally, the Contractor shall abide by the City’s Noise Ordinance (Santa Cruz Municipal Code Section 9.36). The City’s noise ordinance prohibits performing loud work after 10:00 p.m. and before 8:00 a.m.. The City's Public Works Director may grant exceptions on a case-by-case basis and allow work to begin as no earlier than 7:00 a.m. for projects that have the potential to disrupt traffic, and whereby, that disruption could be alleviated by authorizing work to commence at 7:0 a.m..

The Contractor shall maintain all work sites in a safe, neat, clean, and orderly condition. All work sites are to be kept free from trash, debris, surplus material or other objectionable matter of any kind, subject to the satisfaction of the City Contact.

4.7. Scope of Work

The City is requesting bids for Aggregate Materials and Road Maintenance Materials.

Task 1- The scope of work includes sourcing and delivery of aggregate materials and road maintenance materials. Price is all inclusive, including delivery (where specified) and tax.

Task 2 - All materials, unless mutually agreed otherwise, shall conform to Standard Specifications For

Public Works Construction (Greenbook, 2024)

Aggregate Materials must meet the following detailed specifications:

3/4" Class 2 Base-Virgin

3/4" Class 2 Base-Recycled

Subbase (3/4" Class 4 Base)

1-1/2" Class 2 Base

Concrete Mix

1-1/2" x 3/4" Unwashed Drain Rock

1-1/2' x 3/4" Washed Drain Rock

3/4" x 1/2" Washed Drain Rock

1/2"x3/8" Washed Drain Rock

1/4"x #10 Crushed3/8"x #4 Crushed

Gabion Rock (3"x5' or 5"x10")

Permeable CL 1 Type A

Other Permeable Materials (1B,2,3)

Washed Sand

Fill Sand

Marina Fill Sand

Cyclone Sand (Very Fine)

Engineered Fill (6" Minus)

Recycled Sand

Select Decomposed Granite (Fill)

Coarse Bank Run

Fine Bank Run

Track Fines

1/4" Screenings

Granite Fines

Top Dressing Sand

Bunker Sand

1-1/2"x3/4" Gold Aggregate

1/4"x #10 Gold Aggregate

3/8"x #4 Gold Aggregate

1/2"x 3/8" Gold Aggregate

3/4"x 1/2" Gold Aggregate

Gold Path Base

Gold Path Fines

Gold Track Fines

Gold Wall Rock (6" - 18")

Gold Accent Boulders

Slope/Shore Protection (Riprap)

Common Brick

Granite patch, 50 pound

Fast Set Concrete

Sack Sand Slurry

1/2" 6.48 Sack Mix

1/2" Pump Mix

3/8" 6 Sack Mix

3/4" 5.5 Sack Mix

3/4" 6 Sack Mix

Road Maintenance Materials must meet the following detailed specifications:

1/2" Asphalt (medium or coarse)

1/2" Asphalt (fine)

3/8" Asphalt (fine or medium)

3/4"Asphalt (fine, medium or coarse)

SC250 (Cold Mix)

Berm Mix

Sand Mix

RS1 Oil (100 gallons or more)

RS1 Oil (50-99 gallons)

RS1 Oil (49 gallons or less)

SS1 Oil (50 gallons or more)

SS1 Oil (49 gallons or less)

4.8. Responsibilities of City

To provide a designated City contact during the course of the project. Access to the facilities as needed for delivering to location(s) below:

Location 1: DeLaveaga Golf Course

401 Upper Park Road

Santa Cruz, CA 95065

Location 2: City of Santa Cruz Corporation Yard

1125 River Street

Santa Cruz, CA 95060

4.9. Brand Requirements

Any manufacturers' names, trade names, brand names, or catalog numbers used in the specification are there for the purpose of establishing and describing general performance and quality levels.

4.10. Order Process

No “minimum orders” are permitted. Proposals indicating a minimum order requirement will be rejected.

4.11. Delivery, Inspection, and Acceptance of Goods

Goods are to be delivered in a timely manner to the location specified. All deliveries are F.O.B.

destination.

Proposer acknowledges that time is of the essence in the performance of this contract. If the goods are not delivered within the time period stated on the Vendor’s proposal, or by a different date mutually agreed to in writing, the City reserves the right to cancel the order. If the City cancels the order because of late delivery, the Vendor will not be allowed to charge the City for any costs associated with the order and may be charged any increase in cost the City must pay for the replacement order.

Charges not included in the contract resulting from this solicitation will not be paid. However, the City may consider requests to pay fuel surcharges when the price of crude oil is inflated; but when the price of crude oil decreases, fuel surcharges not set forth in the contract resulting from this solicitation will no longer be paid.

Within 14 calendar days, unless the contract stipulates a different time period, the City will inspect the goods received to verify compliance with specifications. If deficiencies are detected, the goods will be rejected and the Vendor will be required to make the necessary adjustments or replacements at the

Vendor’s expense. Acceptance of the goods will be made when the City determines the goods received are in compliance with specifications and are free from defects.

A. Delivery Acceptance Hours

Delivery hours differ across departments. The Vendor will maintain process for ensuring that deliveries occur during hours of operation and in compliance with City noise ordinance (9.36 of the Municipal Code). Deliveries will not be left at a facility unless accepted by authorized City staff.

4.12. Damage

The Vendor will be responsible for any damage to City property during the performance of this contract.

In the event that there is damage to City property, the Vendor will immediately report the incident to the City in writing. Any such damage will be repaired or replaced with same by the Vendor at his/her expense and to the satisfaction of the City.

4.13. Safety Data Sheets (SDS)

The Vendor will furnish Safety Data Sheets (SDS) for applicable products listed on bid form in the Bid

Submittals section.

4.14. Adequate Stock

The Vendor will maintain adequate stock of aggregate materials to accommodate City’s needs throughout the length of the contract. Failure to maintain adequate stock may be deemed a breach of contract and may result in termination of the contract.

4.15. Alternative Sources

Vendor will place all orders for item(s) covered in this contract. In the event the Vendor is unable to supply the item(s) when needed, the City reserves the right to order the item(s) from any source offering the lowest price and the required amount. Any such items will be ordered from the Vendor the next time they are required. The City may bill Vendor the difference if the City must pay a higher price for out-of-stock contract item(s).

4.16. Warranty

Vendor warrants that the item(s) provided and/or work performed under this contract comply with all

Project specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects during the warranty period. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after City’s acceptance of item(s) and/or work and shall extend thereafter for a period of 10 year, or as otherwise specified by the manufacturer’s standard warranty, whichever is later.

Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement will occur within a reasonable time frame, to the satisfaction of the City. Exceptions to any of these warranty provisions will be indicated by Vendor in their proposal.

4.17. Return Policy

Vendor will issue full credit for return of unused aggregate materials. The City prefers returns to be at no additional charge; this includes but is not limited to, restocking or handling charges. Exceptions to this provision will be indicated by Vendor in their bid response.

4.18. Vendor’s Employee Conduct

Vendor will agree to remove any employee whose conduct is improper, inappropriate, or offensive as determined by the City. A removed employee(s) is not to work on City premises without the written consent of the City. The Vendor will remove any employee from working in, or delivering to, City facilities who is convicted of a felony during his/her employment.

4.19. Emergency Response

Vendor will provide the name and contact information of a representative who will be available 24 hours a day, 7 days a week, in the event of an emergency. During the emergency, Vendor will provide the City of Santa Cruz with all available supplies, materials, equipment and/or services on a priority basis.

Time is of the essence for delivery. Delivery location(s) and estimated arrival will be mutuality agreed upon, by the City and Vendor, at time of order and will be determined based on need and existing conditions. It is understood that current conditions, such as power outages, road closures, and damages to the Vendor’s facility and/or equipment, will be taken into consideration. The City expects emergency deliveries to occur within 4 hours of order placement nd may be required during evenings, weekends, and holidays.

4.20. Exclusions

Excluded from this specification are all items purchased separately on other City contracts. The City also reserves the right to bid separately any item or items where it is determined by the Purchasing Manager that:

The commodity is not appropriately classified under this specified contract.

5. TERMS AND CONDITIONS

5.1. Insurance Requirements

Proposer will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard Terms and Conditions. The

City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Proposer.

5.2. Prevailing Wages and Labor Compliance

Prevailing wages must be paid to all employees working under this contract. This contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations

(DIR). Contractors and subcontractors must register with the DIR in order to submit a bid and be awarded a contract (http://www.dir.ca.gov/dlse/dlsePublicWorks.html). 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

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

Industrial Relations for the duration of the Project.

5.3. Living Wage

Proposers agree to comply with the requirements of the Living Wage Ordinance as provided in Santa

Cruz Municipal Code Chapter 5.10.

5.4. Agreement (Appendix A)

If a satisfactory contract cannot be negotiated in a reasonable time, the City in its sole discretion may terminate negotiations.

5.5. Contract Period

The term of the contract will commence upon notification of award and continue for a period of 5 years plus any renewals agreed to by the parties and made in writing.

5.6. Equal Employment Opportunity and Non-Discrimination

City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed

(including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal

Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.dir.ca.gov/dlse/dlsePublicWorks.html http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html http://www.cityofsantacruz.com/home/showdocument?id=59192.

http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

5.7. Indemnification

To the fullest extent permitted by law, Proposer agrees to indemnify, defend, and hold harmless the

City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Proposer, Proposer’s officers, employees, agents, or subcontractors in any way related to this RFP, including but not limited to Proposer’s Proposal. Proposer’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction, if applicable. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Proposer, Proposer’s officers, employees, agents, or subcontractors, Proposer’s costs to defend Indemnitees shall not exceed the Proposer’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of the Agreement.

http://www.cityofsantacruz.com/home/showdocument?id=59192.

6. BID SUBMITTALS

6.1. Bid Form*

By confirming, the proposer is affirming to the following:

The undersigned, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Invitation for Bids for Aggregate Materials and Road

Maintenance Materials" at the prices indicated herein.

The bidder, under penalty of perjury, declares not to be a party with any other business to an agreement to propose a fixed or uniform price in connection with this bid.

The bidder declares under penalty of perjury that she/he is authorized to sign this document and bind the business or organization to the terms of this bid.

The bidder recognizes the right of the City of Santa Cruz to reject any or all bids received and to waive any informality or minor defects in bids received.

The bidder declares under penalty of perjury that the information contained in this Bid and all accompanying documents are true and correct.

☐ Please confirm

*Response required

6.2. Non-Collusion Declaration*

By confirming, the proposer, the party making the foregoing proposal declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant has not directly or indirectly induced or solicited any other Consultant or Sub-Consultant to put in a false or sham proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with any

Consultant, Sub-Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other

Consultant or Sub-Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant or Sub-Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

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

6.3. Compliance

Failure to comply with the City’s Terms and Conditions and Insurance Requirements may disqualify your bid.

6.3.1. By confirming, the bidder's company accept the City's Standard Terms and

Conditions.* ☐ Please confirm

*Response required

6.3.2. By confirming, the bidder's company accept the City's Insurance

Requirements.* ☐ Please confirm

*Response required

6.4. General Information

6.4.1. Please provide complete addresses(s) for material pick-up locations* *Response required

6.4.2. Select type of business*

☐ Corporation

☐ Partnership

☐ Individual

☐ Other

*Response required

6.4.3. Year Business Established*

*Response required

6.4.4.