DeLa_Golf_Course_-_Range_Net_and_Chain_Link_Replacement_-_IFB.pdf

PUBLIC WORKS DEPARTMENT

INVITATION FOR BIDS,

SPECIFICATIONS, AND CONTRACT DOCUMENTS

FOR

DELAVEAGA GOLF COURSE – RANGE NET AND CHAIN LINK REPLACEMENT

CITY PROJECT NO. c302213

BID OPENING JULY 15, 2026 @ 1:30 PM PACIFIC STANDARD TIME

PROJECT NO. c302213

NOTICE INVITING SEALED BIDS

NOTICE IS HEREBY GIVEN that the City of Santa Cruz, California (the “City”), invites sealed bids for the following “Project”:

“DELAVEAGA GOLF COURSE – RANGE NET AND CHAIN LINK REPLACEMENT,

c302213"

1. Date and Place of Opening Bids. Sealed bids for the construction of the Project will be received at the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060 until July 15, 2026, at 1:30 PM local time in a sealed envelope plainly endorsed with the Project Name and Number, listed above. At that time, the Bids received will be publicly opened and read. Bids received after the date and time stated above will be rejected as nonresponsive.

2. Location of Project. The Project is to be performed at the following location: 401 Upper Park Rd., Santa Cruz, CA, 95065.

3. Description of Work. The Project to be performed consists of furnishing all labor, materials, tools, equipment, and transportation required to complete the Project, with a scope of work to generally include, but is not limited to, the following: Removal, disposal, and replacement of ~ 970LF of existing netting, existing cable and hardware. Removal, disposal, and replacement of ~ 1,170 LF of existing 4’ tall chain link fence. (the “Work”). For additional information, please contact the individual listed in Paragraph 21, below.

4. Time for Completion. The Project shall be completed in 15 working days. All time limits stated herein are of the essence.

Please note: Construction shall be scheduled to start approximately September 21, 2026.

5. Bidding Documents. The “Bidding Documents” shall include this Notice Inviting Bids, the

Bid Form including all attachments included herein, General Conditions, Technical Specifications (including all plans, drawings, and reports), Addenda, Agreement, the City’s Standard Specifications (dated 2002), as amended1, and all other documents identified herein.

6. Obtaining the Bidding Documents. Bidding Documents may be downloaded, without charge, from at the City’s e-procurement portal at https://procurement.opengov.com/portal/santacruzca (the “Designated Website”). Paper Bidding Documents may be examined and copies secured from the office of the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060.

Prospective bidders are urged to register with the Designated Website as a Bidding Documents holder, even if Bidding Documents are obtained from a source other than the Designated Website or City in either electronic or paper format. The Designated Website

1 The City’s Standard Specifications (dated 2002) are located via the City Website at:

https://www.cityofsantacruz.com/home/showpublisheddocument?id=2467.

will be updated periodically with Addenda, reports, and other information relevant to submitting a bid for the Project. All official notifications, Addenda, and other Bidding Documents will be offered only through the Designated Website. Neither City nor any City official, employee, or agent will be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the Designated Website or the City.

7. Verification of Compliance with California Air Resources Board Requirement for Certificate of Reported Compliance. For any project awarded after January 1, 2024, the California Air Resources Board (“CARB”) requires the City to obtain valid Certificates of Reported Compliance (“CRC”) from all contractors and listed subcontractors regarding in-use, off-road diesel-fueled fleets as stated in California Code of Regulations, Title 13 § 2449 et seq., before awarding the project. Non-compliant vehicles are not permitted onsite unless and until the contractor provides the City with a valid Certificate of Reported compliance.

If in-use, off-road diesel-fueled fleets regulation is applicable to the project, the bidder must provide CARB’s Certificate of Reported Compliance (Certificate) on their behalf and their subcontractors for vehicles subject to Cal. Code Regs., Title 13 § 2449 et seq., with the bid, or the bid may be deemed non-responsive and may be the basis for rejection of the bid.

Bidder must provide a statement verifying whether they and their listed subcontractors comply or whether they are exempt from the regulation as part of responding to the bid.

Bidders or listed subcontractor’s claiming an exemption to CARB compliance must submit a detailed explanation signed by the bidder or listed subcontractor explaining the reason for exemption.

Bidder is solely responsible for all costs associated with compliance of all regulations imposed by CARB including, without limitation, Title 13 and all pending amendments, as well as all penalties, fines, damages, or costs associated with violations or failures to comply with these regulations.

8. Submitted Bid. Each sealed Bid shall comply with the Bidding Documents and be submitted on the Bid Form, including all attachments. Contractor must clearly and legibly set forth all information requested in the manner and form indicated.

By submitting a Bid, the Bidder represents that it has carefully examined and investigated the Project site and all Bidding Documents.

Pursuant to Public Contract Code § 20483, each Bid shall include a bid security in the form of a certified check, cashier's check, or bidder's bond made payable to the order of the City of Santa Cruz, California, for an amount not less than ten percent (10%) of the amount of the Bid. The bid security shall be given as a guarantee that the successful bidder will enter into the Agreement, and will be declared forfeited if the successful bidder refuses or fails to enter into said Agreement. A bid bond form is included for use when a bond is the preferred form of security.

All bidders shall submit with its Bid the included sworn statement of its financial responsibility, technical ability, and experience. No Bid will be considered for less than all items included in the Basis of Bid and one contract will be awarded for the entire Project.

9. Addenda. All submitted Bids shall verify if the City has issued any addenda for this Project.

It is the bidder’s sole responsibility to ensure that all addenda requirements are included in the submitted Bid. All addenda shall be posted on the City’s Designated Website.

10. Pre-Bid Conference. A non-mandatory pre-bid conference will be held at the Project address, listed in Section 2, above, on July 1, 2026, at 10:00 AM local time. All prospective bidders must sign in on the City-provided sign-in sheet at this conference to be eligible to bid for the Project.

11. Withdrawing Submitted Bid. A bidder may withdraw a submitted Bid at any time prior to the time of bid opening only by written request to the City. Unless otherwise required by law, no bidder may withdraw its Bid for a period of sixty (60) days after the bid opening.

12. Award of Contract. The City will award the Project to the lowest responsible and responsive bidder. The City reserves the right to reject any and all Bids, including but not limited to for any minor irregularities, or waive any informalities or minor defects in bids received. The City may reject a Bid if it determines that any of the bid prices are materially unbalanced to the potential detriment of the City.

13. Bonds. Within ten (10) calendar days after receiving written notice that the contract has been awarded, the successful bidder shall return to the City the signed Agreement, together with the completed original Labor and Material Bond and Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price (issued by a corporate surety company approved by the City Attorney), insurance certificates and endorsements, and all other documents as required by the Bidding Documents.

14. Department of Industrial Relations Monitoring. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Prevailing wages as published by the DIR are required for all workers, including those employed by subcontractors, for all non-federally funded projects.

No contractor or subcontractor may be listed on a Bid or awarded the contract for the Project unless registered with the DIR pursuant to Labor Code section 1725.5 and 1771.1.

Refer to the DIR website, http://www.dir.ca.gov, to register and to find the correct wage rates and answers to questions related to prevailing wage requirements.

15. Federal Monitoring. Section intentionally omitted.

16. Licenses. Bidders and their proposed subcontractors shall be fully qualified and are authorized or permitted under state and local law to perform such work and services.

Bidders and their proposed subcontractors shall hold such licenses as may be required to perform the Work. The Contractor is required to ensure that all subcontractors listed in the Bid Form and working on this Project hold valid licenses and certifications suitable for their trade. Bidder is required to provide with its Bid satisfactory proof of licensure to the City.

Bidders bidding as the Prime Contractor shall possess a valid California Contractor’s General B OR C13(Fencing) and C61/D31(Pole Installation & Maintenance) license at the time of bid submittal, and all listed subcontractors shall hold valid licenses suitable for their trade at the time of bid submittal. Failure to possess required licenses at the time of bid submittal may render the bid non-responsive and shall act as a bar to award of the contract to the bidder and shall result in a forfeiture of the bid security.

Bidder and all subcontractors shall maintain the required licenses throughout the entire Project until the City issues a Notice of Completion.

17. Permits. Permits and/or regulatory approvals required by governmental authorities to complete the Project will be obtained by City at City’s expense.

18. Retention. Progress payments are subject to five percent (5%) retention withholding until thirty-five (35) calendar days after recording the Notice of Completion. Pursuant to California Public Contract Code Section 22300, for monies earned by the General Contractor and withheld by the City to ensure the performance of the Contract Documents. The General Contractor, may, at its option, choose to substitute securities meeting the requirements of California Public Contract Code Section 22300, or have the retained, earned monies deposited in an escrow account at a federal or state-chartered bank.

19. Business License. Contractor agrees that Contractor, its subcontractors and/or agents (if any) will comply with all applicable federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:

• Contractor, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz;

• Will perform actual work in the City of Santa Cruz for 6 or more days annually; or

• Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.

20. Good Faith Local Hiring and Apprenticeships. The General Contractor and all Subcontractors must make good faith efforts to hire qualified individuals who are residents of Santa Cruz County as required by SCMC Chapter 3.10, and to employ apprentices who are enrolled and participate in a viable apprenticeship program approved by the California Division of Apprenticeship Standards.

21. Questions for City. All questions relative to this Project prior to the opening of Bids shall be in writing and received a minimum of five (5) working days prior to the above-stated Bid opening date and shall be directed to:

City of Santa Cruz, Public Works Department

809 Center Street, Room 201, Santa Cruz, California 95060

BJ DERICCO

ENGINEERING ASSOCIATE

Email: rdericco@santacruzca.gov Tel.: 831-420-5519

BID FORM

For c302213"

TO: The Council of the City of Santa Cruz

BID OF:

Business Address:

Business Telephone:

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement, in the form specified in the Contract Documents, with the City of Santa Cruz (“City”) to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the Bidding Documents.

The undersigned Bidder understands that any or all quantities of work shown herein are approximate only and are subject to increase or decrease, and offers to do the work whether the quantities are increased or decreased at the unit prices as stated in the following tabulation. The undersigned Bidder agrees to take in full payment for the work, including all applicable state and local taxes, the amount shown on the bid sheet.

Please note closing time to receive bids will be verified according to local telephone company time.

IT IS UNDERSTOOD THAT THIS BID IS BASED UPON COMPLETION OF THE

WORK AS SPECIFIED IN THE SPECIAL PROVISIONS WITHIN 15 WORKING DAYS,

AND THE PRICES INCLUDE ALL STATE, FEDERAL, AND OTHER TAXES

APPLICABLE TO THE PROJECT.

The undersigned Bidder agrees to do any extra work, not covered by the above schedule of price, which may be ordered by the City, and to accept as full compensation therefore, such prices as may be agreed upon in writing by the City and the Contractor in accordance with the “Measurement and Payment” Section of the Standard Specifications.

If awarded the contract, the undersigned Bidder hereby agrees to submit the following documents to the City within ten (10) business days of the Notice of Award: a signed Agreement, executed bonds (including Faithful Performance Bond and Payment Bond), proper evidence of insurance, and any other forms or documents identified in the Bidding Documents and Notice of Award. The undersigned Bidder further agrees to begin work within ten (10) days after receiving the Notice to Proceed.

The undersigned Bidder has carefully examined the form of the Agreement, the Standard Specifications, the Plans and Special Provisions for the project hereinbefore described and referred to in the “Invitation to Bidders” inviting bids for DeLaveaga Golf Course – Range Net and Chain Link Replacement and also the site of the work and will provide all necessary machinery, tools apparatus and other means of construction, and do all the work and furnish all materials required by said Specifications and Plans and Special Provisions in the manner described therein.

No bid will be considered for less than all items of this schedule and one contract will be awarded for the entire Project.

The undersigned has carefully checked the bid prices, and all computations involved in the preparation of this bid, and understands that the City of Santa Cruz will not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

This Bid is made with a full knowledge of the kind, quantities, and quality of the work and of materials, equipment, and plans required. This bid is also made after a complete, careful, and independent examination and investigation of the site of the work, local conditions affecting the same, and materials to be encountered.

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

The Bidder furthermore agrees that in case of its default in executing said Agreement with necessary bonds, the check or bond accompanying this Bid and money payable will become and remain the property of the City of Santa Cruz.

Enclosed is Bidder’s bond, certified check, or cashier’s check no. of the Bank for $ which is not less than ten percent (10%) of the Bid submitted by the undersigned, payable to the City of Santa Cruz, California, and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.

It is understood and agreed that the City may reject any or all bids, or waive any informalities or minor defects in bids received.

It is agreed that this bid may not be withdrawn over a period of sixty (60) days from the opening thereof.

Bidder submits the following complete and executed documents herewith to form a complete Bid:

1. Bid Form

2. Basis of Bid

3. Bid Bond (if used as security)

4. List of Subcontractors Form

5. DIR Compliance Affidavit

6. Contractor Reference Information

7. Non-Collusion Declaration

8. Bidder’s Financial Qualification Form

9. Public Contract Code Statements

10. CARB Requirement for Certificate of Reported Compliance

Note: Bidders should not add any conditions or qualifying statement to this bid as otherwise the bid may be declared irregular as being not responsive to the Advertisement for Bids.

The undersigned declares under penalty of perjury that the information contained in this Bid and all accompanying documents are true and correct. A notary acknowledgment is required.

Dated: Firm Name:

Official Address: Phone:

Email Address:

By: Title:

State Contractor’s License No.:

DIR Registration No.:

Signature of Bidder:

Basis of Bid

Name of Bidder: _________ Project Name/Number: DELAVEAGA GOLF COURSE – RANGE NET AND CHAIN LINK REPLACEMENT, c302213

Item No. Item Description Unit

Estimated Quantity

Unit Price

Unit Price Extension ($)

1 Remove existing netting LF 970

Install new UV treated polyester golf netting with sewn in perimeter, vertical, and horizontal roper boarder (Net spec. LFS Sports & Industrial Netting #930 or approved equal) LF 970

3 Remove existing cable LF 970

Relocate existing hardware to range side of existing poles LS 1

Install new extra high strength galvanized 5/16” and 3/8” cable (replacing removed existing cable, Bid Item #3) LF 970

Install new heavy duty ¾” galvanized hardware LS 1

Remove existing 4’ chain link fence (existing posts to be cut 1” below grade.

Existing foundations to remain.) LF 1,170

Install new galvanized posts, railing (top and bottom), and 9 ga. 1” mesh fence. LF 1,170

Two (2) 16’W x 14’T Access Gates: Repair or replace parts as needed at the two gate locations. This may include straightening, welding, or replacing bent cross bars, support posts, etc. Replace hinges and other hardware as needed. Adjust gate panels for straight, even and level hang. Perform necessary groundwork for proper clearance.

Install ground sleeve for center slide post.

Confirm ability to lock and secure gates. LS 1

Two (2) 16’W x 14’T Access Gates:

Remove existing chain link from gates. LS 1

Two (2) 16’W x 14’T Access Gates: Install new galvanized 9 ga. 1” mesh fence at existing gate locations. LS 1

12 Disposal of all removed existing materials. LS 1

SUBTOTAL

10% CONTINGENCY

TOTAL

Total Basis of Bid Plus Contingency in Words:

Bid Bond

(If Bond Posted as Security)

KNOW ALL PERSONS BY THESE PRESENT:

THAT WE, , AS PRINCIPAL,

AND , a corporation organized and existing under and by virtue of the laws of the State of and an admitted surety insurer by the California State Department of Insurance, AS SURETY, are held and firmly bound unto the City of Santa Cruz in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Santa Cruz for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Santa Cruz to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the Principal has submitted the above-mentioned bid to the City of Santa Cruz, aforesaid, for certain construction specifically described as follows, for:

c302213”

NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract, in the prescribed form, in accordance with the bid, and files the certificate of insurance and two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and all other items as required in the Bidding Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _________day of____________, 20 ___.

PRINCIPAL SURETY

__________________________________ (Seal) (Seal) Signature Signature

Title Title

Address Address

(Note: Signatures of those executing for the Principal and Surety must include a Notary Acknowledgement.)

ACKNOWLEDGMENT

State of California ) County of _____________________ )

On before me, , (insert name and title of the officer) personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On before me, , (insert name and title of the officer) personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

List of Subcontractors Form

Name of Bidder: ______ Project Name/Number: ____________________________

Bidder will use Subcontractors for the Work: □ YES □ NO

For each subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent, Bidder shall indicate on this form each proposed subcontractor’s legal/contracting entity name, business address and phone number, the Contractor’s State Licensing Board license number, the public works contractor registration number issued pursuant to California Labor Code Section 1725.5, the dollar amount and proportion (in percent) of the Work of each Subcontractor (of any tier) to whom a portion of the Work will be awarded via one or more subcontracts, and the work to be performed by the subcontractor.

Subcontractor’s

Legal Name

Business

Address and

Phone

Number

CSLB

License

Number

Public

Works

Contractor

DIR

Number

Subcontract

Amount and

Proportion of

Total Bid

Price

Work to Be

Performed

(Attach additional sheets, if necessary)

DIR COMPLIANCE AFFIDAVIT

Name of Bidder:

Project Name/Number:

California Labor Code requires private contractors, and their subcontractors, to pay prevailing wages to their workers when working on a project funded by a public entity. Prevailing wages are due if the project meets the statutory threshold amount and involves the following construction work: new construction, alteration, demolition, installation, repair and maintenance. Contractors must also make an attempt to hire apprentices when the total project costs exceed $30,000.

Prior to commencement of the contract, all Contractors and subcontractors are required to register, and maintain active registration throughout the duration of the contract with the California Department of Industrial Relations (DIR). For information regarding registration, please go to https://www.dir.ca.gov/Public-Works/PublicWorks.html.

• No contractor or subcontractor may be listed on a bid for a public works project (effective March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

• No contractor or subcontractor may be awarded a contract for public work on a public works project (effective April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

• DIR registration is required each fiscal year (July 1 – June 30).

I, the Bidder, certify that:

I acknowledge that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. I am aware of the provisions of Senate Bill SB 854 and Labor Code sections 1725.5, 1771.1(a), 1774-1776, 1777.5, 1813, and 1815 which require Contractors to comply with all labor compliance requirements, including but not limited to, prevailing wage requirements, Public Works Contractor Registration Program, Electronic Certified Payroll Reporting, and other requirements described in the DIR website. I will comply with such provisions before commencing the performance of the work of this contract, and maintain compliance throughout the completion of said contract.

Signature Date

Print Name Title

Contractor Reference Information

Name of Bidder:

Failure to provide this information may constitute grounds for rejection of the bid.

The Bidder has been engaged in the contracting business under State License No.(s) for a period of years.

The following are five owners for whom the Bidder has constructed projects of similar scope to the Project. Such projects will have been completed within the past five years.

1. Name, Address, Phone No:

Project Description:

Date Completed:

2. Name, Address, Phone No:

3. Name, Address, Phone No:

4. Name, Address, Phone No:

5. Name, Address, Phone No:

Non-Collusion Declaration

To Be Executed by Bidder and Submitted With Bid

(Pursuant to Section 7106 of the Public Contract Code)

Name of Bidder: ______ Project Name/Number:

The undersigned declares:

I am the of , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 20__, at [City], , [State].

(Signature)

Bidder’s Financial Qualification

Reference is hereby made to the following bank or banks as to the financial responsibility of the Bidder:

Name of Bank Address/Phone Number/Contact Name & Title

Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the Bidder:

Company:

Address:

Company:

Address:

I certify that Bidder is financially and technically capable of performing and has the necessary experience to perform the work of the contract.

I declare under penalty of perjury that the foregoing is true and correct. This certificate is executed on ______________[date], at ______________[city], ______________[state].

BIDDER:

Name:

Title:

Date:

PUBLIC CONTRACT CODE STATEMENTS

Bidder must certify the following three sections in its Bid submittal.

A. SECTION 10285.1 STATEMENT

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the Bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder

□ HAS □ HAS NOT

been convicted, within the preceding three (3) years of any offenses referred to in that Section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any State or Federal antitrust law in connection with the bidding upon, award of, or performance of any public works contract (as defined in Public Contract Code Section 1101) with any public entity (as defined in Public Contract Code Section 1100). The term “Bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

NOTE: The Bidder must place a check mark before “has” or “has not” in one of the boxes provided.

B. SECTION 10162 QUESTIONNAIRE

In conformance with Public Contract Code Section 10162, the Bidder shall complete under penalty of perjury the following questions:

1. Has the Bidder or any officer or employee of Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law or a safety regulation? Please check one of the below:

□ YES □ NO

2. If the answer is “yes”, explain the circumstance.

C. SECTION 10232 STATEMENT

In conformance with Public Contract Code Section 10232, the Bidder hereby declares under penalty of perjury under the laws of the State of California, that the Bidder

□ HAS □ HAS NOT

been found in contempt of court by a federal court of more than one (1) final unappealable findings against the Contractor within the immediately preceding two (2) year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Bidder declares under penalty of perjury under the laws of the State of California that the foregoing responses to the Public Contract Code Sections 10285.1 and 10232 Statements and Section 10162 Questionnaire are incorporated into the Bid and are true and correct. Bidders are cautioned that making a false certification herein may subject Bidder to criminal prosecution.

BIDDER:

Verification of Compliance with

CALIFORNIA AIR RESOURCES BOARD (CARB)

REQUIREMENT FOR CERTIFICATE OF REPORTED COMPLIANCE

Re: In-Use Off-Road Diesel-Fueled Fleets Regulation (Cal Code Regs., Title 13 § 2449 et seq.) effective 1/1/2024

1a) Check below if contractor or subcontractor will use on the Project, any of the following off-road heavy duty diesel-powered vehicles subject to Cal Code Regs., Title 13 § 2449 et seq:

□ Work Over Rigs, as defined in Cal Code Regs., Title 13 §2449(c)(72),

□ Engines with two-engine cranes, which contain an auxiliary engine ≥ 50 bhp, as defined in

Cal Code Regs., Title 13 §2449(c)(66),

□ Two engine water-well drilling rigs, which contain an auxiliary engine ≥ 50 bhp, as defined in Cal Code Regs., Title 13 §2449(c)(68), or

□ Engines of two-engine vehicles that are designed to be driven on/off road and contain an auxiliary engine ≥ 50 bhp, as defined in Cal Code Regs., Title 13 §2449(c)(67) – (e.g., Boom Trucks, Concrete Mixers, Concrete Pump Trucks, Vacuum Pump Trucks, Guardrail Fence Installers)

OR

1b) □ No vehicles subject to Cal Code Regs., Title 13 § 2449 et seq. apply to the Project.

[If this box is checked, proceed to the end and Sign the Verification below.]

2a) If any box is checked in number 1(a), did you or your subcontractor register any vehicles that qualify as In-Use Off-road Diesel-fueled Fleets with the California Air Resources Board

(CARB)?

□YES □NO

2b) If you checked “No” to number 2(a), then explain reason:

Exempt: □ Emergency Operations

□ Renewable Diesel Exemptions (based on fleet engine type or weather restrictions)

□ Unavailability of Renewable Diesel

□ Other: ____________________________________________

3a) If you checked “Yes” to number 2(a), then submit with the bid response, a CARB’s

Certificate of Reported Compliance (Certificate) for the applicable vehicles owned or operated by you or your subcontractor to show compliance with Cal Code Regs., Title 13 § 2449 et seq. [Visit the CARB website to get a CARB Certificate online:

arb.ca.gov/offroadzone]:

CARB Certificate Attached with Bid: □ YES □ NO

3b) If you checked “No” to number 3(a), then explain reason:

4) Non-Compliance is Non-responsive.

a. Unless otherwise exempt or not applicable as indicated above, the bid must include a

CARB’s Certificate of Reported Compliance (Certificate) for vehicles subject to Cal.

Code Regs., Title 13 § 2449 et seq., with the bid or the bid may be deemed non-responsive.

b. Unless otherwise exempt or not applicable as indicated above, bid responder further agrees to comply with the requirements of Cal. Code Regs., Title 13 § 2449(j), including but not limited to:

• Allowing only off-duty diesel vehicles with valid Certificates to be used at the contractor’s job sites,

• Reporting to CARB within five business days of such discovery, if the contractor discovers a fleet or vehicles that are subject to this regulation at the job site does not have a valid Certificate or observes noncompliant fleets or vehicles operating on their job site:

https://calepacomplaints.secure.force.com/complaints/Complaint, or email dieselcomplaints@arb.ca.gov, or

• Displaying a sign that provides key information about the regulation and how to report noncompliance. The sign must be posted where vehicles subject to this regulation will operate for eight or more calendar days; the sign must be posted by the eighth calendar day from when the first vehicle operates.

Verification

1. The undersigned states that the statements made herein are true and correct and made under penalty of perjury.

2. Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, employees, agents, and authorized volunteers free and harmless from any claims, liabilities, costs, penalties, or interest arising out of failure to comply with the above stated CARB requirement.

3. The undersigned acknowledges that the undersigned is authorized to sign on behalf of the bid responder and the statement(s) made herein is/are legally binding on the bid responder, their representatives, agents, and successors.

4. A scanned, electronic, or other copy of a party’s signature shall be legally valid as an original.

(Print Name of Contractor) (Signature) (Business Name) (Date)

AGREEMENT

THIS AGREEMENT, made and entered into this ________day of ______________, 20___ (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and _________________________________, hereinafter called “Contractor.” City and Contractor are also referred to individually as a “Party” or collectively, as the “Parties”

WITNESSETH, that the Parties hereto do mutually agree as follows:

ARTICLE I

That for and in consideration of the covenants and agreements herein contained and the payments at the prices stated in the Bid attached hereto as Exhibit A, and by this reference made a part hereof, the Contractor hereby covenants and agrees to furnish any and all required supervision, labor, equipment, material, services, and transportation, as set forth in the Contract Documents as hereinafter defined, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified, and to complete:

DELAVEAGA GOLF COURSE – RANGE NET AND CHAIN LINK REPLACEMENT, c302213

(the “Project”) in strict conformity and compliance with the Contract Documents, and to do everything required by this Agreement, and by said Contract Documents as hereinafter defined (the “Work”).

Contractor represents and warrants that Contractor: (i) is fully experienced, properly qualified, and fully licensed to perform the Work provided for herein, (ii) has the financial capability required for the performance of the Work, and (iii) is properly equipped and organized to perform the Work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement. Contractor shall supply all necessary labor, tools, materials, supplies, and equipment to skillfully and competently perform the required Work. The materials and equipment furnished and used shall be new and unused and of the highest commercial quality currently available. The materials and equipment shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the work specifications

ARTICLE II

It is expressly agreed and understood by each and every party to this Agreement that the following documents are hereby incorporated and made a part of this Agreement (hereinafter the “Contract Documents”):

1. All applicable Laws and Regulations

2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City, in chronological order by effective date of each.

3. This Agreement, including:

a. Exhibit A – Contractor’s Bid, including all attachments

4. Labor and Material Bond (Payment Bond)

5. Performance Bond

6. Insurance Certificates, including Contractor’s Certificate Relating to Worker’s Compensation

7. Good Faith Effort Statement for Local Hire

8. Local Hiring Statement

9. Invitation For Bids for DeLaveaga Golf Course – Range Net and Chain Link Replacement, c302213, including the Project Specifications, Technical Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance

10. General Conditions

11. Standard Specifications, as hereinafter defined, including the City Specifications and all applicable State Specifications and/or Drawings

The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

ARTICLE III

It is expressly agreed and understood by the Contractor that the “Standard Specifications” consists of the documents on file at the Public Works Department of the City of Santa Cruz and incorporated herein by reference, entitled:

1. City of Santa Cruz Department of Public Works, Department of Parks and Recreation, and Water Department 2002 Standard Specifications (“City Specifications”);

Where conflicts arise between the City’s Standard Specifications and the State Specifications, the City’s Standard Specifications shall control and apply.

Where conflicts arise between the City’s Standard Specifications and this Agreement, the terms of this Agreement shall control and apply.

ARTICLE IV

City will pay Contractor for actual and complete performance of the work and services at the rates and fees set forth in the Bid detailed in Exhibit A, attached to this Agreement. Contractor will not be reimbursed for any costs or expenses at any rates that exceed the amounts set forth in Exhibit A, unless agreed to by the City through a written change order. The total fees for the scope of work shall not exceed the following amount: $ . Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Contractor in the scope of work to complete the Project.

ARTICLE V

Contractor shall commence work within ten (10) days after receipt of a written Notice to Proceed from the City and complete the Work within 15 working days, based on an agreed upon work schedule. The Agreement shall terminate upon the completion of Contractor’s work, unless terminated sooner pursuant to the terms of this Contract.

ARTICLE VI

Contractor shall conform to all laws and regulations of the United States and the State of California, as well as laws of Santa Cruz, as may be applicable to the Project. In addition, the City Council of the City of Santa Cruz endorses the MacBride Principles and the Peace Charter and encourages all companies doing business in Northern Ireland to abide by the MacBride Principles.

ARTICLE VII

The City hereby contracts to pay said Contractor the prices provided for in Exhibit A in the manner, to the extent, and at the times set forth in the Contract Documents. Contractor shall not undertake any work beyond the scope of work set forth in Exhibit A unless such additional work is approved in advance and in writing by City in the form of a change order.

ARTICLE VIII

It is agreed by the parties hereto that the acceptance of the Contractor's performance will be made only by an affirmative action of the City of Santa Cruz City Council in session, evidenced by resolution, and upon the filing by the Contractor of a Release of all Claims of every nature on account of work done under this Agreement, together with an affidavit that all claims have been fully paid.

The acceptance by the Contractor of said final payment shall constitute a waiver of all claims against the City arising out of or in connection with this Agreement.

ARTICLE IX

To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless the City, its officials, officers, and employees from and against any and all claims, demands, actions, damages, or expenses, (including attorney’s fees and costs) arising in any way related to the obligations or performance of this Contract by the Contractor, Contractor’s employees, subcontractors, or agents, except where caused by the sole or active negligence, or willful misconduct of the City. Contractor’s obligation under this Article VII of the Contract to defend shall arise regardless of any claim or assertion that City and its related parties caused or contributed to any claims.

The obligations of the Contractor under this Article IX shall survive expiration or termination of this Contract to the fullest extent permitted by law.

This indemnification clause supersedes any other indemnification clauses contained in any other Contract Documents.

Contractor shall require its subcontractors to agree to the indemnification obligations stated in this Article VII to the same extent and under the same terms and conditions as Contractor is required to defend, indemnify, and hold harmless City, its officials, officers, and employees, as stated herein.

ARTICLE X

Contractor agrees to procure and maintain the insurance coverages and limits, as required by City prior to the commencement of Work, as specified in Exhibit B.

ARTICLE XI

Article intentionally omitted.

ARTICLE XII

Any notice, approval, consent, waiver or other communication required or permitted to be given or to be served upon either Party in connection with this Agreement shall be in writing. In addition to providing a courtesy notice via email, such notice shall be personally served, or sent by reputable overnight delivery service, such as Federal Express, or sent by priority U.S. mail, and notice shall be deemed given: (a) if personally served, when delivered to the Party to whom such notice is addressed; (b) if sent by reputable overnight delivery service, such as Federal Express, when delivered, (c) if sent by priority U.S. mail, notice shall be deemed delivered on the fifth business day after deposited with the U.S. Postal Service. Such notices shall be addressed to the Party to whom such notice is to be given at the Party’s address set forth below or as such party shall otherwise direct in writing to the other Party delivered or sent in accordance with this Section.

If to City:

City of Santa Cruz Attention:

BJ Dericco Telephone: (831) 402-5519

Email: rdericco@santacruzca.gov

If to Contractor:

Attention: ____________ Address City, State Zip Code Telephone: _______________ Email: ____________________

A Party must provide written notice to the other of any changes to the above information.

ARTICLE XIII

General Terms

1. Contractor’s Records. City shall have the right to access and review records of Contractor and subcontractors related to the work on this Project for at least three years (or longer as otherwise specified) after issuance of final payment under this Agreement. When state or federal funds are involved in the Project’s funding or financing, the state or federal government shall have the same rights of access and examination as the City under this provision.

2. Independent Contractor. Contractor represents that it has or will secure at its own expense all personnel, materials, and related services required to perform the services under this Agreement. Contractor (and its employees, agents, representatives, and subcontractor(s)), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City. Contractor, not the City, shall have exclusive and complete control over its employees and subcontractors, and shall determine the method of performing the services hereunder. City, however, retains the right to require that work performed by Contractor meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof.

3. Compliance with Laws. All activities of Contractor will be carried out in compliance with all applicable federal, state, and local laws and regulations, including applicable ordinances and resolutions. City, and its officials, officers, and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

4. Contractor Not an Agent. Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity pursuant to this Agreement to bind the City to any obligation whatsoever.

5. Conflict of Interest. Contractor agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Contractor acknowledges that it is aware of and agrees to comply with the provisions of the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Contractor will immediately advise the City if Contractor learns of a conflicting financial interest of Contractor’s during the term of this Agreement.

6. Remedies. Either Party shall be entitled to all remedies afforded by law or in equity to enforce their respective rights under this Agreement. No right or remedy in this Agreement are intended to be exclusive of any other right or remedy, but every such right or remedy shall be cumulative and shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law, in equity or in the Agreement.

7. Assignment and Successors. Contractor shall not assign any portion of the work required by this Agreement nor otherwise assign or transfer any interests in it without prior written approval of City, which may be withheld or delayed in City’s sole and absolute discretion.

This Agreement will be binding on the heirs, legal representatives, successors and assigns of the Parties named herein.

8. Amendment. Except as otherwise provided in this Agreement, neither this Agreement nor any provision hereof may be waived, modified, amended, or discharged, or terminated except by an instrument in writing signed by the Parties, and then only to the extent set forth in such writing.

9. Complete Agreement. This Agreement, along with the terms and conditions in the Contract

Documents and any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

10. Severability. The unenforceability, invalidity or illegality of any provision(s) of this

Agreement shall not render the other provisions unenforceable, invalid or illegal.

11. Waiver. Waiver by any party of any portion of this Agreement shall…