Civic_Auditorium_-_Handrail_Project.pdf

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Attached to
Civic Auditorium - Handrail Project
Solicitation number
IFB No. PR-0246
Issued by
Santa Cruz County, San Francisco City, California

About this file

This is an Invitation for Bids (IFB No. PR-0246) issued by the City of Santa Cruz for the Civic Auditorium - Handrail Project. The project involves fabricating and installing 88 stair-mounted steel handrails on twelve existing concrete staircases and two wall-mounted handrails on two wall-adjacent staircases to improve physical safety and patron experience. Construction is tentatively scheduled for January 2026, with the potential for schedule adjustments based on Civic Auditorium events. The response deadline is October 1, 2025, at 2:00 pm, with a mandatory pre-bid meeting scheduled for September 9, 2025, at 10:00 am. The contract term is anticipated to be one year, with potential renewals to be agreed upon in writing.

The project is funded through the City of Santa Cruz Community Development Block Grant (CDBG), a federal grant specifically awarded for accessibility improvements to the Civic Auditorium, which serves senior and older adult demographics. As a federally funded project, it is subject to federal labor standards requirements and Section 3 of the Housing and Urban Development Act of 1968. Bidders are required to submit comprehensive documentation, including references, non-collusion declarations, and confirmation of compliance with various city and federal regulations. The city reserves the right to award the contract to the lowest responsive and responsible bidder, with the flexibility to adjust terms and potentially award to multiple bidders or reject all bids.

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Invitation For Bids

No. IFB No. PR-0246

FOR

CIVIC AUDITORIUM - HANDRAIL PROJECT

Contact: BJ Dericco, Engineering Associate

Email: rdericco@santacruzca.gov

RESPONSE DEADLINE: October 1, 2025, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Santa Cruz

Civic Auditorium - Handrail Project

I. INTRODUCTION

II. GENERAL INFORMATION FOR BIDDERS

III. INSTRUCTIONS FOR BIDDERS

IV. TERMS AND CONDITIONS

V. PRELIMINARY SCOPE OF WORK

VI. BID SUBMITTALS

Attachments:

A - Civic Auditorium - Handrail Project - Approved Plans

B - Santa Cruz Civic Audirorium Handrails - Technical Specifications

C - Invitation for Bids - Civic Handrail Project - FINAL 8.29.25

#IFB No. PR-0246 Title: Civic Auditorium - Handrail Project

1. INTRODUCTION

1.1. Summary

The Civic Auditorium - Handrail Project involves installing 88 stair-mounted steel handrails on the twelve (12) existing concrete staircases and two (2) wall-mounted handrails on the two (2) wall-adjacent staircases to improve physical safety and patron experience (see Plans).

Please note: Construction shall be tentatively scheduled for January 2026. Construction schedule may be subject to change pending events at the Civic Auditorium.

This project is funded through the City of Santa Cruz Community Development Block Grant

(“CDBG”) and is subject to conditions of federal funding including federal labor standards requirements and Section 3 of the Housing and Urban Development Act of 1968 (“Section 3”) as set forth in the CDBG General Conditions attached hereto and made part of the Invitation to

Bid. It is desirable that Section 3 businesses bid on this project; non section 3 businesses are not prohibited from responding to this Invitation to Bid. For more information regarding the conditions of federal funding associated with this Project, including federal labor standards requirements, Section 3, and bidders' Section 3 responsibilities, please see the CDBG General

Conditions incorporated within the Project Specifications herein and visit the City of Santa Cruz

Section 3 website at http://www.cityofsantacruz.com/Section3.

1.2. Background

The Santa Cruz Civic Auditorium, commonly known as the Civic, has been a cornerstone of the community since its opening in 1940. Originally designed as a venue for public performances and gatherings, it has hosted countless events ranging from concerts to theater productions.

Throughout its history, the Civic has operated without handrail infrastructure, which has posed challenges for patrons, especially those with mobility issues, when accessing the elevated seating sections. The absence of handrails has often made it difficult for attendees to navigate the staircases safely, potentially detracting from their overall experience. Recognizing the need for improvements, the proposed installation of handrails aims to enhance patron safety and comfort, ensuring that more individuals can enjoy events without facing accessibility barriers.

To fund these necessary upgrades, the City applied for and received grant funds from the federal Housing and Urban Development (HUD) Department. HUD awarded a Community

Development Block Grant (CDBG) specifically for accessibility improvements to Civic, which is within the downtown area, and serves senior and older adult demographics. These funds will be instrumental in making the Civic a more inclusive venue, aligning with broader efforts to improve public spaces and ensure they are welcoming and accessible to all community members.

1.3. Contact Information

BJ Dericco

Engineering Associate

Email: rdericco@santacruzca.gov

Phone: (831) 420-5519

Department:

Parks and Recreation

Department Head:

Tony Eillot

Parks and Recreation 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 August 29, 2025

Pre-Bid Meeting (Mandatory) September 9, 2025, 10:00am

307 Church St., Santa Cruz, CA, 95060

IFB Questions and Clarification Due Date September 15, 2025, 5:00pm

Response to bidder(s) IFB Questions and

Clarification & Issue Addenda

September 18, 2025, 5:00pm

Bid Submittal Due Date & Public Bid

Opening

October 1, 2025, 2:00pm

809 Center St., Room 201, Santa Cruz, CA, 95060 mailto:rdericco@santacruzca.gov tel:(831)420-5519

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:

Civic Auditorium - Handrail Project

IFB No. IFB No. PR-0246

The City anticipates awarding a contract to a vendor for a one (1) year term. 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 the 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. This RFP document may be downloaded from the City’s e-Procurement

Portal at https://procurement.opengov.com/portal/santacruzca/projects/192053. 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 5:00 pm on Monday, September 15, 2025.

2.4. Pre-Bid Meeting & Site Visit

A mandatory pre-bid meeting is scheduled on the date and time and at the location stated in Timeline in INTRODUCTION Section. 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. To expedite the sign-in process, the city will accept a company business card containing the attendee’s name and contact information, as a valid sign-in.

https://procurement.opengov.com/portal/santacruzca/projects/192053/document?section=1785336 https://procurement.opengov.com/portal/santacruzca/projects/192053/document?section=1785336 https://procurement.opengov.com/portal/santacruzca/projects/192053 https://procurement.opengov.com/portal/santacruzca/projects/192053 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/santacruzca/projects/192053/document?section=1785331

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.

2.5. Bid Submittal Due Date and Public Bid Opening

All bids will be submitted via hard copy to the Public Works Department Office, (809 Center St., Room

201, Santa Cruz, Ca, 95060) before due date. Each bid received before 2:00 pm on Wednesday, October

1, 2025 will be publicly opened as stated in Timeline in INTRODUCTION section. Bids received after the deadline will be deemed non-responsive. The name of each bidder and the total amount of each bid will be read aloud at the Bid Opening meeting. 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.

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/192053, 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.

https://procurement.opengov.com/portal/santacruzca/projects/192053/document?section=1785331 https://procurement.opengov.com/portal/santacruzca/projects/192053 https://procurement.opengov.com/portal/santacruzca/projects/192053

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/192053/document?section=1785336 https://procurement.opengov.com/portal/santacruzca/projects/192053/document?section=1785334 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

Civic Auditorium - Handrail Project 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 Sham 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

7920.000 - 7931.000, 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:

BJ Dericco, Engineering Associate, rdericco@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 to:

City of Santa Cruz

City Clerk Administrator

809 Center Street, 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. Contrat 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 insurance and 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. TERMS AND CONDITIONS

4.1. 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.

4.2. 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.

4.3. Living Wage

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

Cruz Municipal Code Chapter 5.10.

4.4. Agreement (Appendix A)

The successful Proposer will be required to enter into an Agreement in the form of the Agreement attached hereto as Appendix A. The City reserves the right to adjust the terms, including insurance terms provided, based on the type and scope of the project proposed by the Proposer. If a Proposer is unable to accept City’s proposed Agreement terms substantially in the form presented, the Proposer shall include a revised copy of the Agreement with its Proposal. The revised copy must clearly mark any section to which it objects, set forth the Proposer’s proposed alternative terms, and explain the basis for each proposed change. The City reserves all rights to reject any revisions to the Agreement.

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

4.5. Contract Period

The term of the contract will commence upon notification of award and continue for a period of 1 year plus any renewals agreed to by the parties and made in writing.

4.6. 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, http://www.dir.ca.gov/dlse/dlsePublicWorks.html 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.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

4.7. 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.

4.8. Liquidated Damages

The parties agree that in litigation or arbitration resulting from either party’s breach, the amount of loss would be extremely difficult or impracticable to prove. Accordingly, the parties wish to make a commercially reasonable estimate of the damages they would incur in the event of a breach by the other party and to establish that estimate as liquidated damages. In the event of a breach by the seller, the buyer shall recover as liquidated damages and as the buyer’s exclusive remedy for the seller’s breach, the amount of $5,200.00 per day for failure to deliver or perform within the specified time limit.

4.9. Performance Bond/Payment Bond

Bonding requirements for federally funded contracts are subject to the following federal directives:

Bidder’s security of ten percent of the bid price for all public works contracts at the time of Bid submittal

(Public Contract Code Section 20483(a)).

A. Performance bond equal to 100-percent of the contract price for all public works contracts.

B. Payment bond for all public works contracts of at least:

C. 50-percent of the contract price if the contract price does not exceed $1 million.

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.

1. 40 percent of the contract price if the contract price exceeds $1 million but is not more than

$5 million; or

2. $2.5 million if the contract price exceeds $5 million.

Within ten (10) business days, not including legal holidays, of contract award, the successful Proposer must submit a performance bond and payment bond, executed by the Contractor and the Surety. All bonds must be issued by California admitted Sureties.

Should any surety or sureties be deemed unsatisfactory by the City, a notice will be given to the

Contractor. The Contractor shall promptly substitute a new surety or sureties satisfactory to the City. No further payment shall be deemed due or will be made under the contract until the new sureties are accepted by the City.

At its sole discretion, the City may allow the Contractor to provide bonds from multiple sureties to meet the bond requirements.

5. PRELIMINARY SCOPE OF WORK

5.1. Project Objectives

The Project is intended to fabricate and install new handrails per the plans and specifications.

5.2. Minimum Qualifications

Please see the Invitation For Bid document for bidder qualifications.

5.3. 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.

5.4. 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.

5.5. Responsibilities of City

[The City will be responsible for providing …]

A designated City contact during the course of the project. Access to the facilities/reports/systems/records/etc. needed to complete the work. Information regarding past work performed on this project.

5.6. Brand Requirements

The City requires ITEM purchased under this contract to comply with the project plans and specifications.

Such references are not intended to be restrictive, and proposals are invited on these and comparable brands or products of any manufacturer.

Exceptions to, or deviations from, a particular manufacturer’s brand in this specification will be evaluated and considered by the City so long as those deviations are cross referenced and fully explained with regard to their equality with the preferred manufacturer. The City may require descriptive literature and/or samples for evaluation. All samples will be provided within three days of request and at no cost to the City. The City may not return all samples.

The determination as to whether any alternate product is, or is not, equal will be made by the City and such determination will be final and binding upon all Vendors.

If exceptions are not requested, the Vendor will comply with the specifications as stated in this solicitation.

The Proposer will not be allowed to make unauthorized substitutions after award is made.

5.7. Delivery, Inspection, and Acceptance of Goods

Goods are to be delivered 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:

The Vendor will maintain process for ensuring that deliveries occur during project work hours, as stated in the Invitation For Bid Document.

5.8. Safety Data Sheets (SDS)

The Vendor will furnish SDS forms for every product delivered.

5.9. 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.

5.10. 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).

5.11. 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.

5.12. 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 and may be required during evenings, weekends, and holidays.

5.13. 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.

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 Civic Auditorium - Handrail

Project” 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. Bidder Confirmation:*

I confirm I have read and understand the project plans and specifications. I confirm I understand that this solicitation is only collecting responses via hard copy submittals.

☐ Yes

☐ No

*Response required

6.3. Bidder Confirmation:*

I confirm construction shall be tentatively schedule for January 2026 and the construction schedule may be subject to change pending events at the Civic Auditorium.

☐ Yes

☐ No

*Response required

6.4. Bidder Confirmation:*

I confirm a sample of one complete handrail shall be produced, complete with required welding, baseplate, and paint. The sample is required to be submitted for review prior to the fabrication of the quantity needed to complete the project.

☐ Yes

☐ No

*Response required

6.5. 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

6.6. Compliance

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

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

Conditions.* ☐ Please confirm

*Response required

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

Requirements.* ☐ Please confirm

*Response required

6.6.3. Federal Tax ID*

*Response required

6.6.4. References*

List a minimum of three references that have purchased similar items from your business. Provide company or agency name, contact name, phone number, and email address for each reference.

6.7. City of Santa Cruz Business Tax Certificate

Contractor will maintain a current City of Santa Cruz business tax certificate if:

A. Contractor is located in the City of Santa Cruz; or

B. Contractor performs physical work in the City of Santa Cruz for 6 or more days annually; or

C. Contractor uses company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, call the Revenue division at 831/420-5070.

6.7.1. Does your company have a City of Santa Cruz Business Tax Certificate?* ☐ Yes

☐ No

*Response required

When equals "Yes"

6.7.2. City of Santa Cruz Business Tax Certificate Number*

*Response required

When equals "Yes"

6.7.3. Expiration Date*

*Response required

6.7.4. Acknowledgment of Addenda and Questions and Answers*

In order to submit a bid, the vendor acknowledges that they have read all addenda, and questions and answers posted for this solicitation.

☐ Please confirm

*Response required

6.8. California Levine Act Statement

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any member of the City Council of the City of Santa Cruz from participating in any action related to a contract if they receive any political contributions totaling more than $250 within twelve (12) months before or after the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract.

Answering YES to either of the two questions above does not preclude the City of Santa Cruz from awarding a contract to your firm or taking any subsequent action related to the contract. It does, however, preclude the identified City Council Member(s) from participating in any actions related to this contract.

6.8.1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to an Officer of the City of

Santa Cruz in the twelve (12) months preceding, the date of the submission of your proposals or the anticipated date of any council action related to this contract? * ☐ Yes

☐ No

*Response required

When equals "Yes"

6.8.2. If yes, please identify the Council Member(s): *

*Response required

6.8.3. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any

Member of the City Council in the twelve (12) months following any City

Council action related to this contract? * ☐ Yes

☐ No

*Response required

When equals "Yes"

6.8.4. If yes, please identify the Council Member(s): *

File details come from the government source that posted it. Updated .