Farmers_Market_PH2_Specifications-Final.pdf

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 2

NOTICE INVITING BIDS

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

“FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP”

1. Date and Place of Opening Bids. Bids for the construction of the Project will be received until FEBRUARY 12, 2026 at 2:00 pm Pacific Standard Time. Proposals shall be e-mailed to Dan Cabreros at dcabreros@santacruzca.gov.

2. Location of Project. The Project is to be performed at Parking Lot #16, 212 Church Street, Santa Cruz, CA 95060.

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: remove a section of existing concrete wall, remove existing asphalt concrete pavement, remove existing base /soil to grade the working area to have the proposed finished grades and slopes shown on the plans with a final pavement section of 6-inch class 2 aggregate base and 3-inch HMA, install landscaped planter fill with 6”-8” cobble stones, install Caltrans 3-1/2 pull boxes and 2-inch conduit and reconnect street lights conductors for complete operation. All other work not mentioned above that is required by the plans, City Standard Specifications, State Standard Specifications and the Special Provisions shall be performed, placed, constructed or installed. (the “Work”). For additional information, please contact the individual listed in Paragraph 13, below.

4. Time for Completion. The Project shall be completed MARCH 27, 2026. All time limits stated herein are of the essence.

5. Bidding Documents. The “Bidding Documents” shall include this Notice Inviting Bids, the Bid Form including all attachments included herein, General Requirements, Technical Specifications (including all plans, drawings, and reports), Addenda, the City’s Standard Specifications (dated 2002), as amended1, the State of California’s Department of Transportation Standard Specifications (dated 2025), as amended, and all other documents identified herein.

6. Obtaining the Bidding Documents. Bidding Documents may be downloaded, without charge, from: http://www.santacruzca.gov/Business-Development/Bidding -information .

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

https://santacruzca.prelive.opencities.com/files/assets/city/v/1/pw/documents/pw-standards-standard-specs.pdf.

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7. Submitted Bid. Each 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.

8. 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.

9. 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 proposals 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.

10. 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.

11. Licenses. Bidders and their proposed subcontractors shall hold such licenses as may be required by the laws of the State of California for the performance of 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 Class “A” or “C-8” 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.

12. Business License. All Contractors and subcontractors working in the City must have a valid

City of Santa Cruz business license at the time the contract is awarded, pursuant to Santa Cruz Municipal Code (SCMC) Chapter 5.04.

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13. 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 due date and shall be directed to:

City of Santa Cruz, Public Works Department Attn: Dan Cabreros

809 Center Street, Room 201 Santa Cruz, California 95060 Email: dcabreros@santacruzca.gov Tel.: 831-420-5420 Fax: 831-420-5161

This Advertisement is issued by the City of Santa Cruz, California.

Dated: January 26, 2026

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SECTION 1 - DEFINITIONS AND TERMS

GENERAL

Attention is directed to the provisions of Section 1 “DEFINITION AND TERMS” of the City Standard Specifications and these Special Provisions.

State Standard Specifications - Wherever in these Specifications reference is made to the “State Standard Specifications,” reference shall be to specifications entitled “State of California, Department of Transportation, Standard Specifications,” 2025 edition, and which are incorporated herein and made a part hereof by reference. Where the terms “State” or the “Engineer” are used in the State Standard Specifications, they shall be considered as meaning the “City” or “Director” as defined hereinabove. In the event of conflict between the State Specifications and the Standard, Special, or Technical Provisions of these Specifications or the Drawings, these Specifications and Drawings shall apply.

Technical Specifications - The technical specifications are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Specifications.

SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS

Attention is directed to the provisions of Section 2 (not including Sections 2.10 “Public Opening of Proposals” and 2.11 “Joint Proposals”) of the City Standard Specifications and these Special Provisions.

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 6

PROPOSAL FORM

Bidder’s Proposal for

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP

TO: The Council of the City of Santa Cruz

PROPOSAL 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.

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

MARCH 27, 2026, AS SPECIFIED IN THE SPECIAL PROVISIONS, AND THE PRICES INCLUDE

ALL STATE, FEDERAL, AND OTHER TAXES APPLICABLE TO THE PROJECT.

NOTICE TO THE CONTRACTORS: NO WORK WILL BE CONDUCTED ON WEDNESDAYS

FOR THE FARMERS MARKET. THE CONSTRUCTION SITE SHALL BE CLEAN AND

SECCURE END OF WORK DAY TUESDAYS FOR THE FRAMERS MARKET.

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.

The undersigned Bidder has carefully examined the Standard Specifications, the Plans and Special Provisions for the project hereinbefore described and referred to in the “Invitation to Bidders” inviting

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 7 proposals for FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP 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 proposal 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

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

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.

Dated: Firm Name:

Official Address: Phone:

Email Address:

By: Title:

State Contractor’s License No.:

DIR Registration No.:

Signature of Bidder:

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 8

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP

BASIS OF BID

A non-mandatory pre-bid meeting will be held at Parking Lot #16, 212 Church Street, Santa Cruz, CA on Friday, FEBRUARY 3, 2026 at 11:00 a.m.

Name of Bidder:

Project Name/Number: FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP

Item No.

Item Description Unit Estimated Quantity

Unit Price ($) Item Total ($)

1 Remove (E) AC Pavement and Base/Soil SF 600

2 Remove (E) 3.5-foot High Concrete Wall LF 17

3 Remove Tree Stump EA 1

4 Remove and Relocate Sign EA 2

5 Sign Post EA 1

6 6-inch Class 2 Aggregate Base Ton 23

7 3-inch Type A Asphalt Concrete Ton 12

8 Type A1-6 Curb LF 100

9 Caltrans #3-1/2 Pullbox EA 2

10 2-inch Conduit and Conductors LF 30

11 4-inch White Thermoplastic Stripe LF 65

SUBTOTAL

10% CONTINGENCY

TOTAL

Total Basis of Bid Plus Contingency in Words:

The contingency is reserved for unforeseen project tasks. No payment will be made to the Contractor for any portion of the contingency unless a contract change order is approved by the City.

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SECTION 3 – AWARD AND EXECUTION OF CONRACT

Attention is directed to the provisions of Section 3 (not including Sections 3.03 “Return of Proposal Guarantees” and 3.04 “Contract Bonds”) of the City Standard Specifications and these Special Provisions.

CONTRACTOR’S INSURANCE

Contractor will procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its/his agents, representatives, employees or subcontractors.

CERTIFICATE REQUIREMENTS

The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:

Certificate(s) will show current policy number(s) and effective dates, Coverage and policy limits will meet, or exceed, requirements below, The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060, Certificate will be signed by an authorized representative, An endorsement will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.

MINIMUM SCOPE AND LIMITS OF INSURANCE

IDEMNIFICATION for State of California

1. The Contractor shall defend, indemnify, and save harmless the State, including its officers, employees, and agents (excluding agents who are design professionals) from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses or liabilities, in law or in equity arising out of or in connection with the Contractor's performance of this contract for:

2. Bodily injury including, but not limited to, bodily injury, sickness or disease, emotional injury or death to persons, including, but not limited to, the public, any employees or agents of the Contractor, the State, or any other contractor; and

3. Damage to property of anyone including loss of use thereof; caused or alleged to be caused in whole or in part by any negligent or otherwise legally actionable act or omission of the Contractor or

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 10 anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable.

4. Except as otherwise provided by law, these requirements apply regardless of the existence or degree of fault of the State. The Contractor is not obligated to indemnify the State for Claims arising from conduct delineated in Civil Code Section 2782 and to Claims arising from any defective or substandard condition of the highway that existed at or before the start of work, unless this condition has been changed by the work or the scope of the work requires the Contractor to maintain existing highway facilities and the Claim arises from the Contractor's failure to maintain. The Contractor's defense and indemnity obligation shall extend to Claims arising after the work is completed and accepted if the Claims are directly related to alleged acts or omissions by the Contractor that occurred during the course of the work. State inspection is not a waiver of full compliance with these requirements.

5. The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate liability or because the Contractor evaluates liability and determine that the Contractor is not liable. The Contractor shall respond within 30 days to the tender of any Claim for defense and indemnity by the State, unless this time has been extended by the State. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, the Department may withhold such funds the State reasonably considers necessary for its defense and indemnity until disposition has been made of the Claim or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

6. With respect to third-party claims against the Contractor, the Contractor waives all rights of any type to express or implied indemnity against the State, its officers, employees, or agents (excluding agents who are design professionals).

7. Nothing in the Contract is intended to establish a standard of care owed to any member of the public or to extend to the public the status of a third-party beneficiary for any of these indemnification specifications.

Insurance requirements

A. Certificate Requirements

The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:

Certificate(s) will show current policy number(s) and effective dates, Coverage and policy limits will meet, or exceed, requirements below, The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060, Certificate will be signed by an authorized representative, FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 11

An endorsement, if required below, will be provided to show the City, and State of California, its officers, officials, employees, and volunteers as additional insureds, and

Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required.

B. Minimum Scope and Limits of Insurance

Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:

Commercial General Liability (CGL): $6,000,000 per occurrence; $7,000,000 aggregate

Proof of coverage for $6 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit.

Automobile Liability:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.

Workers’ Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.

C. Other Insurance Provisions

The insurance policies are to comply with the following provisions:

Additional Insured Status

The City, State of California, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).

Primary Coverage

For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 12 insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it.

Notice of Cancellation

Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation

Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Excess Liability/Umbrella Insurance Policies

The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.

Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.

Claims made policies

If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five

(5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage

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Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL [,CPL, and automobile] Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. Subcontractors

Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City and the State of California are an additional insured on insurance required from subcontractors.

E. Special risks/circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

OTHER INSURANCE PROVISIONS

If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

The insurance policies are to comply with the following provisions:

ADDITIONAL INSURED STATUS

The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL, [Contractors Pollution Liability,] and automobile insurance (if transporting hazardous materials policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).

PRIMARY COVERAGE

For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it.

NOTICE OF CANCELLATION

Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.

WAIVER OF SUBROGATION

Consultant hereby grants to the City a waiver of any right to subrogation which any insurer

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 14 of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

1. EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES

The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.

SELF-INSURED RETENTIONS

Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

ACCEPTABILITY OF INSURERS

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:

VII, unless otherwise acceptable to the City.

CLAIMS MADE POLICIES

If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five

(5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

VERIFICATION OF COVERAGE

Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL,CPL, and automobile Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 15

SECTION 4 – SCOPE OF WORK

Attention is directed to the provisions of Section 4 of the City Standard Specifications and these Special Provisions.

DIFFERING SITE CONDITIONS

The Contractor shall promptly notify the Engineer if she/he finds either of the following conditions:

1. Physical conditions differing materially from either of the following:

a. Contract documents

b. Job site examination

2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract.

The Contractor shall include details explaining the information she/he relied on and the material differences she/he discovered. If the Contractor fails to promptly notify the Engineer, the Contractor waives the differing site condition claim for the period between her/his discovery of the differing site condition and her/his notification to the Engineer. If the Contractor disturbs the site after discovery and before the Engineer’s investigation, the Contractor waives the differing site condition claim.

Upon the Contractor’s notification, the Engineer investigates job site conditions and:

1. Notifies the Contractor whether to resume affected work

2. Decides whether the condition differs materially and is cause for and adjustment of time, payment, or both.

SECTION 5 – CONTROL OF WORK

Attention is directed to the provisions of Section 5 of the City Standard Specifications and these

SPECIAL RISK/CIRCUMSTANCES

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

1. Claims

Definition of “Claim”.

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All provisions of California Public Contract Code Section 9204 are incorporated into and form an integral part of the Contract Documents for this Project. The City and Contractor shall comply with California Public Contract Code Section 9204 when applicable.

As used herein, the term “Claim” means a separate written demand or assertion by Contractor sent by registered mail or certified mail, with return receipt requested, for one or more of the following arising out of or related to the Contract Documents or the performance of the Work: (A) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under the Contract; (B) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; (C) payment of an amount that is disputed by the City, as defined in Public Contract Code Section 9204(c).

A Claim does not include, and the procedures for processing of Contractor Claims do not apply to the following:

Claims respecting penalties for forfeitures prescribed by statute or regulation which a government agency is specifically authorized to administer, settle, or determine (other than penalties for delay assessed by the City under the Contract).

Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death.

False claims liability under California Government Code Section 12650, et seq.

Defects in the Work first discovered by City after final payment by City to Contractor.

Claims respecting stop notices.

The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

Time Period for Submission of Claim.

If a Claim involves an adjustment to the Contract Sum or to the Contract Time due to Extra Work, then the Claim arises upon issuance of a decision denying, in whole or in part, Contractor’s Change Order Request. All other Claims arise when Contractor discovers, or should have discovered, the circumstances giving rise to the Claim (even if Contractor has not yet been damaged or delayed).

A Claim that does not involve an adjustment to the Contract Sum or Contract Time for Extra Work may be asserted if, and only if, Contractor gives written notice of intent to file the Claim to the City within five (5) calendar days of the date the Claim arises. A written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any, with respect to Contractor’s entitlement to an adjustment of the Contract Sum or Contract Time, and complies with the requirements of Section 3(C), below.

All Claims and supporting documentation and certifications must be filed as soon as possible, but no later than thirty (30) calendar days after the Claim arises. No Claims shall be filed after the final payment has been issued unless otherwise permitted by law.

Reasonable Documentation.

The Claim must include the following:

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 17

A statement that it is a Claim and a request for a decision on the Claim;

A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of Work effected and reasonable documentation to support the Claim;

A certification, executed by each Subcontractor claiming not less than 5% of the total monetary amount sought by the Claim, that the Subcontractor’s portion of the Claim is filed in good faith.

If the Claim involves an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a Change Order Request was submitted in a timely manner as required by the Contract Documents. If the Claim does not involve an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a notice of intent to file the Claim was submitted in a timely manner as required by the Contract Documents.

A detailed justification for any remedy or relief sought by the Claim, including, without limitation:

o A detailed cost breakdown in the form required for submittal of Change Order Requests, including an estimate of the costs incurred or to be incurred. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices, and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time of Claim submittal, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred.

o Copies of actual job cost records demonstrating that the costs have been incurred.

o If the Claim is based on an error, omission, conflict, or ambiguity in the Contract Documents: (1) a sworn statement by Contractor and any Subcontractors or Sub-subcontractors involved in the Claim, to the effect that the error, omission, conflict, or ambiguity was not discovered prior to submission of the Bid, or (2) if not discovered, a statement demonstrating that the error, omission, conflict, or ambiguity could not have been discovered by Contractor, its Subcontractors or Sub-subcontractors in exercise of the degree of care required of them under the Contract Documents for review of the Bid Documents prior to submission of the Bid.

If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents.

A written certification signed by a responsible managing officer of Contractor’s organization, who has the authority to sign subcontracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form:

“I hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of (Contractor’s name) and that I have reviewed the Claim presented herewith on Contractor’s behalf and/or on behalf of (Subcontractor's/Sub-subcontractor’s name(s)) and that the following statements are true and correct.

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The facts alleged in or that form the basis for the Claim are true and accurate.

The Claim is submitted in good faith.

The Change Order Request was timely submitted, as required by the Contract

Documents.

Contractor does not know of any facts or circumstances, not alleged in the

Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading.

Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor or Sub-subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim.

Contractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and /or such Subcontractor or Sub-subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and.

Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.

Signature: ___________________________

Name: ______________________________

Title: _______________________________

Company: ___________________________

Date: _______________________________

Assertion of Claims.

3. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow, or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents.

4. All Claims and supporting documentation must be sent to the City by registered mail or certified mail with return receipt requested.

5. Strict compliance with these requirements is conditions precedent to Contractor’s right to an informal conference to meet and confer to resolve a Claim, mediate a Claim, or arbitrate or litigate a Claim. The failure of Contractor to strictly comply with

FARMERS’ MARKET PHASE 2 – PEDESTRIAN ACCESS RAMP – Page 19 the requirements of this Section constitutes a failure by Contractor to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim.

6. There shall be no waiver of any of the rights set forth in California Public Contract

Code Section 9204; provided, however, that (i) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (ii) the City may prescribe reasonable Change Order, Claim, and Dispute Resolution Procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise the timeframes and procedures set forth in Public Contract Code Section 9204.

7. The City’s right to commence the Contract dispute resolution process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the dispute. Nothing herein shall preclude the City from asserting disputes in response to a Claim asserted by Contractor.

Decision of City on Claims.

1) Pursuant to Public Contracting Code section 9204(d), upon receipt of a Claim, the City shall conduct a reasonable review of the claim and, within 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of the Claim, the Owner’s Representative, City, and Contractor may, by mutual agreement, extend the time period provided in this Section. If City determines that additional supporting data are necessary to fully evaluate a Claim, City will request such additional supporting data in writing. Such data shall be furnished by Contractor to City no later than 10 days after the date of such request. Any payment due to Contractor by City on an undisputed portion of the Claim shall be processed and made within 60 days after the written statement is issued.

2) If the City needs approval from its governing body to provide the Contractor with a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the forty-five (45) days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the forty-five (45) day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3) Failure by the City to respond to a Claim from Contractor within the time periods described in this Section 3 and California Public Contract Code Section 9204 or to otherwise meet the time requirements shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Article 4.2 and California Public Contract Code Section 9204, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.

4) Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.

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5) Amounts not paid in a timely manner as required by this Section shall bear interest at

7 percent per annum, pursuant to Public Contracting Code section 9204(d)(4).

6) If a subcontractor or a lower tier subcontractor lacks standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or a lower tier subcontractor. A subcontractor may request in writing, either on its own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which has been performed by the subcontractor or lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting the Claim be presented to the City shall furnish reasonable documentation supporting the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the Claim to the City and, if the Contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so.

Meet and Confer Conference.

If the Contractor disputes the City's written response, or if the City fails to respond to a Claim issued pursuant to Section 3(E) within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Mediation.

1) Within ten (10) business days following the conclusion of the meet and confer conference, specified in Section 3(F), if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.

2) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation, or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

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Arbitration and Litigation.

In the event mediation does not resolve the parties' dispute, the parties shall comply with the Arbitration provisions set forth in Public Contract Code Sections 10240 – 1024.13.

Unless the City and Contractor otherwise agree in writing, the arbitration decision shall be binding upon the parties, made under and in accordance with the laws of the State of California, supported by substantial evidence, and in writing. If the total of all Claims or cross Claims submitted to arbitration is in excess of $50,000, the award shall contain the basis for the decision, findings of fact, and conclusions of law. Any arbitration award shall be subject to confirmation, vacation, or correction under the procedures and on the grounds specified in the California Code of Civil Procedure including without limitation Section 1296. The expenses and fees of the arbitrators and the administrative fees of the AAA shall be divided among the parties equally. Each party shall pay its own counsel fees, witness fees, and other expenses incurred for its own benefit.

The City may, but is not required, to assert as a counterclaim any matter arising out of the claims asserted by Contractor in the arbitration. City’s failure to assert any such counterclaim in an arbitration shall be without prejudice to the City’s right to assert the counterclaim in litigation or other proceeding.

Any litigation shall be filed in the Superior Court of the State of California for the County of Santa Cruz.

Waiver.

A waiver of or failure by the City to enforce any requirement in this Section 3 in connection with any Claim shall not constitute a waiver of and shall not preclude the City from enforcing such requirements in connection with any other Claims.

The Contractor agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order.

PREVAILING WAGES

In accordance…