IFB_No._PR-0036_-_Downtown_Benches.pdf

Invitation for Bids No. PR-0036

FOR

Downtown Benches

Contact: Travis Beck, Superintendent of Parks

Email: tbeck@santacruzca.gov

Bid Submittal Due Date: 9/22/2023

City of Santa Cruz Invitation for Bids No. PR-0036 - Downtown Benches

Rev. 4.19.2023 Page 2

Table of Contents

SECTION 1 GENERAL INFORMATION FOR BIDDERS

1.1 Background

1.2 Summary Scope of Work

1.3 Contact

1.4 IFB Schedule

1.5 Pre-Bid Meeting and Site Visit

1.6 Bid Submittal Due Date and Public Bid Opening

1.7 Basis of Award

1.8 Definitions

SECTION 2 INSTRUCTIONS TO BIDDERS

2.1 Questions, Requests for Clarification, and Addenda

2.2 Bid Submittal

2.3 Responsive Bids

2.4 Reservation of Rights

2.5 Bid Sheet Pricing Table

2.6 Bid to Remain Open

2.7 References

2.8 Optional Piggyback Provision

2.9 Collusive or Sham Bids

2.10 Public Record

2.11 Award Protests

2.12 Contract Implementation

2.13 Environmental Conservation and Sustainable Living

2.14 Financial Responsibility

SECTION 3 TERMS AND CONDITIONS

3.1 City’s Standard Terms and Conditions

3.2 Insurance Requirements

3.3 Contract Renewal

3.4 Termination of Contract

3.5 Payment

3.6 Prevailing Wages and Labor Compliance

3.7 Living Wage

3.8 Equal Employment Opportunity and Non-Discrimination

3.9 Indemnification

3.10 City of Santa Cruz Business Tax Certificate

SECTION 4 SCOPE OF WORK AND SPECIFICATIONS

4.1 Project Objectives

4.2 Vendor Responsibilities

4.3 Safety Requirements

4.4 Scope of Work

4.5 Responsibilities of City

4.6 Brand Requirements

4.7 Order Process

4.8 Delivery, Inspection, and Acceptance of Goods

Rev. 4.19.2023 Page 3

4.9 Damage

4.10 Adequate Stock

4.11 Estimated Quantity

4.12 Warranty

4.13 Return Policy

4.14 Vendor’s Employee Conduct

4.15 Exclusions

Rev. 4.19.2023 Page 4

SECTION 1 GENERAL INFORMATION FOR BIDDERS

1.1 Background

The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under a Council/Manager form of government. A Mayor and six Council members set policy for the City and a City Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of San Francisco on the northern edge of the Monterey Bay. It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000. Santa Cruz is part of the National Marine Sanctuary and is a popular tourist destination owing to its beaches, surf culture, and historical landmarks.

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

In 2022 The City completed the development of Downtown Site Furnishing Standards in order to reduce visual clutter, improve coordination across City departments, and produce a more thoughtful and cohesive design for downtown. In its Fiscal Year 2023 budget, the City allocated funds for the Downtown Recovery – Phase I-IV project to begin implementation of the standards.

The City of Santa Cruz requests bids from qualified firms to furnish benches meeting the standards, as specified below.

1.2 Summary Scope of Work

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

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

Downtown Benches IFB No. PR-0036

The City anticipates awarding a contract to one vendor. The Bidder will provide the services outlined in Section 4 Scope of Work and Specifications.

The successful Bidder shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete the work described in this IFB.

1.3 Contact

The contact for this solicitation is Travis Beck, Superintendent of Parks, email tbeck@santacruzca.gov. This solicitation document may be downloaded from the City’s Procurement portal at https://procurement.opengov.com/portal/santacruzca. All questions must be submitted in the City’s Procurement Portal by the date set forth in Section 1.4, below.

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

Rev. 4.19.2023 Page 5

1.4 IFB Schedule

The City will make every effort to adhere to the following tentative schedule. All dates set forth in this IFB are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this IFB to “time” are Pacific Standard Time.

ACTIVITY DESCRIPTION/LOCATION DATE OR PERIOD

IFB Posting 9/5/2023

IFB Questions, Clarifications, and Requests for Acceptance of Substitute “Or Equal” Products Due Date

Refer to IFB Section 2.1 Questions, Request for Clarification and Addenda

No later than 2:00 p.m. on 9/13/2023

Response to bidder(s) IFB Questions and Clarifications, and Requests for Acceptance of Substitute “Or Equal” Products Due Date & Issue Addenda

Refer to IFB Section 2.1 Anticipated to be on or near 9/18/2023

Bid Submittal Due Date Electronic version – Refer to IFB Section 1.6 Bid Submittal Due Date

No later than 2:00 p.m. on 9/22/2023

Public Bid Opening Refer to IFB Section 1.6 Bid Submittal Due Date and Public Bid Opening

3:00 p.m. on 9/22/2023

1.5 Pre-Bid Meeting and Site Visit

A pre-bid meeting and/or a site visit will not be held for this IFB.

1.6 Bid Submittal Due Date and Public Bid Opening

Bids may be received up to but not later than the Bid Submittal due date listed in Section 1.4 IFB Schedule via the City e-Procurement Portal located at https://procurement.opengov.com/portal/santacruzca. The City e- Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City of Santa Cruz strongly recommends completing your response well ahead of the deadline. Bidders take full responsibility for City’s receipt of its Bid. Bidders take full responsibility for City’s receipt of its Bid. The City will not be liable for any expenses incurred in responding to this solicitation.

Each bid received before the Bid Submittal Due Date in Section 1.4 IFB Schedule will be publicly opened during a Virtual Web Conference Meeting. Bids received after the deadline will be deemed non-responsive. If one or more members of the public are present, the name of each bidder and the total amount of each bid will be read aloud at the Bid Opening meeting. Those wishing to attend the meeting should log into the meeting to ensure that they can access the meeting ahead of time.

Rev. 4.19.2023 Page 6

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1.7 Basis of Award

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

1.8 Definitions

In this IFB document:

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

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

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

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

e) “Contract” also means Purchase Order or Agreement.

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Rev. 4.19.2023 Page 7

SECTION 2 INSTRUCTIONS TO BIDDERS

2.1 Questions, Requests for Clarification, and Addenda

Bidders shall submit all questions, requests for clarification regarding any aspect of this IFB, or advance inquiries as to whether substitute “or equal” products meet the City’s required specifications, via the City e-Procurement Portal, located at https://procurement.opengov.com/portal/santacruzca by the date identified in Section 1.4 IFB Schedule. All answers to inquiries will be posted on the City e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

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

The City may determine it is necessary to revise any part of this IFB. Revisions will be made by written addenda and it is the Proposer’s sole responsibility to comply with any addenda to this IFB.

Addenda Notification: Proposers are required to register for an account via the City e-Procurement Portal hosted by OpenGov to receive written addenda to the solicitation. Once the Proposer has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/santacruzca.

2.2 Bid Submittal

Sealed bids are due no later than the Date and time specified in Section 1.6 Bid Submittal Due Date and Public Bid Opening.

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

If no exception or deviation is shown, the bidder shall be required to furnish the equipment exactly as specified herein. Failure to comply with all requirements, instructions, and conditions of the invitation for bids and this specification may result in rejection of bid.

2.3 Responsive Bids

Bids are considered responsive when they:

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

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

3. Include pricing for all items listed.

4. Include all required submittals.

5. Include signed forms for all bid addenda.

6. Have signatures on the Bid Sheet.

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

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

Rev. 4.19.2023 Page 8

2.4 Reservation of Rights

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

The City reserves the right to:

• Postpone, cancel, or issue a subsequent IFB.

• Reject any or all bids.

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

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

• Remedy technical errors in the IFB process.

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

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

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

• Not award a Purchase Order/Contract.

• Award a Purchase Order/Contract to a single Bidder for the entire procurement or to multiple Bidders by line item, in groups, or phases according to Section 4 Scope of Work and Specifications.

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

2.5 Bid Sheet Pricing Table

The Bidder shall use the Pricing Table in the City of Santa Cruz’s e-Procurement Portal, located at https://procurement.opengov.com/portal/santacruzca for the submittal of their Bid Pricing. The Bid price submitted on the Pricing Table shall include the costs for services, systems, or goods listed in Bid Documents. Bid prices shall remain firm and not subject to escalation throughout the term of the contract including extensions.

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

All information provided in the IFB documents is based on past experience and expected future need. Actual orders may vary during the contract term. The City reserves the right to obtain competitive quotes for contract items. If the Bidder is not consistently the low bidder for these items, the City may terminate this agreement.

2.6 Bid to Remain Open

The Bidder will guarantee its bid for ninety (90) calendar days from the date of bid opening.

2.7 References

The bidder shall submit with bid a list of a minimum of three (3) client references that have procured Downtown Benchesfrom the bidder, for a minimum of 1 year in the last five (5) years which demonstrate relevant experience with the Project. The bidder shall provide company or agency name, contact name, and phone number for each reference. It is the responsibility of the bidder to ensure the client reference contact person is available and willing to provide a reference within the timeframe stated in this section.

Rev. 4.19.2023 Page 9

2.8 Optional Piggyback Provision

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

2.9 Collusive or Sham Bids

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

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

2.10 Public Record

Bids received will become the property of the City. All bids and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” California Government Code, sections 7920—7931, once the City has awarded the contract resulting from this solicitation.

If a Bidder’s proprietary information is contained in documents or information submitted to City, and Bidder claims that such information falls within one or more CPRA exemptions, Bidder must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a public request for such information, City will make best efforts to provide notice to Bidder prior to such disclosure. If a Bidder contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Bidder fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Bidder. Bidder further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Bidder.

2.11 Award Protests

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

The City encourages Bidder to resolve issues regarding the IFB requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the bid submittal due date. This will allow the City time to research the validity of any stated issues and either issue an addendum to the IFB, cancel the IFB, Rev. 4.19.2023 Page 10 or determine the protest to be unfounded and proceed with the solicitation. In the event the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Bidders must still submit a bid in accordance with the submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

Travis Beck, Superintendent of Parks tbeck@santacruzca.gov

Any Bidder who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award. Protest letters regarding a formal contract award will be directed to:

City of Santa Cruz City Clerk Administrator

809 Center Street, Room 9 Santa Cruz, California 95060

Protests will be filed with the City Clerk’s office no later than 5 business days after the written Notice of Intent to Award is sent by the City. Protest letters will include:

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

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

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

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

• The form of relief requested.

The City Council will hear the protest prior to award of the contract. The protesting party may protest the City’s or successful Bidder’s failure to comply with the requirements of the Purchasing Ordinance or the solicitation documents. The protest must clearly set forth the basis for the protest; grounds not set forth in the written protest will not be considered by the City Council at the protest hearing. The City Council will sustain a protest if the protesting party demonstrates by clear and convincing evidence that, as specified above, the City would act improperly in awarding the contract. The decision of the City Council is final.

2.12 Contract Implementation

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

a. Proof of insurance as specified in this solicitation document.

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

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

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

The finalized contract will be in the form of a purchase order with the City’s standard Terms and Conditions.

2.13 Environmental Conservation and Sustainable Living

The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living. This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). On the Bid Form, please provide information about your company regarding any

Rev. 4.19.2023 Page 11 existing environmental conservation goals or guidelines, environmental or greenhouse gas emissions disclosures, Green Business certifications, existing alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

2.14 Financial Responsibility

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

Rev. 4.19.2023 Page 12

SECTION 3 TERMS AND CONDITIONS

3.1 City’s Standard Terms and Conditions

The City of Santa Cruz standard Terms and Conditions shall govern this contract. Review the terms and conditions in Appendix A – Terms and Conditions; all terms including, but not limited to, insurance requirements included in the contract resulting from this solicitation. A current copy of these terms will be referenced on the resulting Purchase order.

3.2 Insurance Requirements

Bidder will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in Appendix B - Insurance Requirements. The City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Bidder.

3.3 Contract Renewal

At the option of the City, this contract may be renewed after the initial contract period annually under the same contractual terms and conditions and at the same price or price basis. After the initial contract term, the Contractor may request, and the City may approve an increase in unit prices. Increases must be made no less than ninety days before the date in which the City may exercise the option to renew and must include justification to the increase, and a description of the basis for the increase. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban wage earners as published by the Bureau of Labor Statistics, or 5%, whichever is less. In all cases, the City may cancel the contract if a requested price increase is not acceptable.

3.4 Termination of Contract

City shall have the right to terminate this contract at any time upon giving ten days written notice to Vendor. If the City terminates the contract, all finished or unfinished work prepared by the Vendor under this contract may, at the option of the City, become the City's property and the firm may be entitled to receive just and equitable compensation for any satisfactory work.

Termination of the contract pursuant to this paragraph may not relieve the firm of any liability to City for damages sustained by City because of any breach of contract by the firm, and City may withhold any payments to the vendor for the purpose of set-off until such time as the exact amount of damages due City from the vendor is determined.

3.5 Payment

The City issues payment to the Contractor approximately thirty days after receipt of unit and/or service, and the correct original invoice, whichever arrives last; the net payment period and cash discount period shall extend to the date that the invoices are paid. Invoices are processed for payment once every two weeks. It is understood and agreed that no additional charge shall accrue against the City if the City does not make payment within any time specified by the vendor.

All invoices must contain the proper pricing as specified by the Contractor in the bid response. The City reserves the right to audit Contractor’s records when deemed necessary to verify correct pricing.

Should the Contractor become delinquent with any fees, assessments or charges due to the City, the City shall reduce any amount owed to the Contractor by the delinquent amount owed to the City.

One purchase order shall be issued per fiscal year during the contract term for citywide purchases to be made on an "as needed" basis. Purchase orders are required for all items purchased. Issuing purchase orders on an "as needed" basis in no way nullifies the pricing agreement as set forth for the term specified. If needed, the City may choose to issue multiple purchase orders, one for each participating division.

Rev. 4.19.2023 Page 13

Invoices shall include the invoice number, date of service, invoice amount, unit location, and name of City employee making the purchase.

3.6 Prevailing Wages and Labor Compliance

Prevailing Wages do not apply to this contract.

3.7 Living Wage

Living Wages do now apply to this contract.

3.8 Equal Employment Opportunity and Non-Discrimination

City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Contractor to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Contractor’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

3.9 Indemnification

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

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

3.10 City of Santa Cruz Business Tax Certificate

Upon notification of intent to award, Contractor shall provide proof of a current City of Santa Cruz business tax certificate. For further information, call the Revenue and Taxation division at (831) 420-5070.

http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html http://www.cityofsantacruz.com/home/showdocument?id=59192

Rev. 4.19.2023 Page 14

SECTION 4 SCOPE OF WORK AND SPECIFICATIONS

4.1 Project Objectives

The objective is to have the Downtown Benches delivered in late 2023/early 2024.

4.2 Vendor Responsibilities

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

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

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

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

5. Communication. Vendor shall ensure that onsite employees can communicate in English both verbally and in writing.

4.3 Safety Requirements

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

4.4 Scope of Work

The scope of work is to furnish and deliver to the City’s Parks Yard at 300 Evergreen St., Santa Cruz, CA 95060 twenty-six (26) benches meeting the specifications described in Section 4.6.

4.5 Responsibilities of City

The City will be responsible for providing a designated City contact during the course of the project and access to the City’s Parks Yard within designated hours for delivery.

4.6 Brand Requirements

The City requires Downtown Benches purchased under this contract to comply with the City of Santa Cruz Downtown Design Standards and as specified below. Such references are not intended to be restrictive, and bids are invited on these and comparable brands or products of any manufacturer.

Exceptions to, or deviations from, a particular manufacturer’s brand in this specification will be evaluated and considered by the City so long as those deviations are cross referenced and fully explained with regard to their equality with the preferred manufacturer. The City may require descriptive literature and/or samples for evaluation.

All samples will be provided within three days of request and at no cost to the City. The City may not return all samples.

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

Rev. 4.19.2023 Page 15

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

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

Downtown Bench specifications:

Street Furniture Australia Classic Promenade (CMR1) with 02 Arch legs and center armrest, or equal

Metal bench with backrest, armrests, center armrest, arch legs, surface fixed installation.

28 ½” width x 31 ½” height x 58” custom tailored length.

1 ½” x ¾” horizontal aluminum batten boards with sublimated woodgrain in medium brown color (“bush cherry”). Bull nose to top and bottom batten. Battens to be encapsulated in frame.

Frame, armrests, axle end caps (no logo), and legs to be cast metal, powder coated RAL 5008 “Graublau.”

See also “City of Santa Cruz Downtown Site Furnishing Standards Benches.”

4.7 Order Process

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

4.8 Delivery, Inspection, and Acceptance of Goods

Goods are to be delivered to the location specified. All deliveries are F.O.B. destination.

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

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

Within 14 calendar days, unless the contract stipulates a different time period, the City will inspect the goods received to verify compliance with specifications. If deficiencies are detected, the goods will be rejected and the Vendor will be required to make the necessary adjustments or replacements at the Vendor’s expense. Acceptance of the goods will be made when the City determines the goods received are in compliance with specifications and are free from defects.

4.7.1 Delivery Acceptance Hours

Monday-Friday, 8:00 a.m. – 1:00 p.m. The Vendor will maintain process for ensuring that deliveries occur during hours open. Deliveries will not be left at a facility unless accepted by City staff.

Rev. 4.19.2023 Page 16

4.9 Damage

The Vendor will be responsible for any damage to City property during the performance of this contract. In the event that there is damage to City property, the Vendor will immediately report the incident to the City in writing.

Any such damage will be repaired or replaced with same by the Vendor at his/her expense and to the satisfaction of the City.

4.10 Adequate Stock

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

4.11 Estimated Quantity

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

4.12 Warranty

Vendor warrants that the item(s) provided and/or work performed under this contract comply with all Project specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects during the warranty period. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after City’s acceptance of item(s) and/or work and shall extend thereafter for a period of 1 year, or as otherwise specified by the manufacturer’s standard warranty, whichever is later.

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

4.13 Return Policy

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

4.14 Vendor’s Employee Conduct

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

4.15 Exclusions

Excluded from this specification are all items purchased separately on other City contracts.

Rev. 4.19.2023 Page 17

APPENDIX A: CITY’S STANDARD TERMS AND CONDITIONS

1. Contract: The following terms and conditions shall govern all purchases by the City unless other terms are specifically designated by the City to apply or the City and Vendor have entered into another written agreement.

Any terms or conditions (including price and delivery dates) proposed by the Vendor which are inconsistent with or in addition to these terms and conditions shall be void and of no effect unless and to the extent expressly accepted by the City in writing.

2. Delivery, Inspection, and Acceptance of Goods/Services: Goods/services are to be delivered to the location specified. All deliveries are F.O.B. destination. Vendor acknowledges that time is of the essence in the performance of this contract. If the goods and/or services are not delivered within the time period stated on the Vendor’s bid, or by a different date mutually agreed to in writing, the City reserves the right to cancel the order.

If the City cancels the order because of late delivery, the Vendor will not be allowed to charge the City for any costs associated with the order and may be charged any increase in cost the City must pay for the replacement order. Charges not included in the contract will not be paid.

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

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

3. Payment: All invoices shall contain correct bid or contract pricing, the applicable purchase order number, and the name of the City employee making the purchase. Invoices shall be sent to the dept. making the purchase.

Vendor shall submit invoices to the City within 60 days of delivery of goods or provision of service. Invoices with incorrect pricing will be returned to the Vendor for correction. The City will pay approximately 30 days after acceptance of goods or services and receipt of a correct and undisputed invoice, whichever occurs last.

The City will take early payment discounts when the net payment period is over 15 days. The payment period will extend to the date that the invoices are paid. Should the Vendor become delinquent with any fees, assessments, or charges due to the City, the City will reduce any amount owed to the Vendor by the delinquent amount owed to the City. The City reserves the right to audit Vendor’s records when necessary.

4. Sales Tax: Sales tax must be stated separately on each invoice. If the current local sales tax is not charged, the City will remit all sales tax due directly to the California State Board of Equalization.

5. Warranty: Vendor warrants that the item(s) provided and/or work performed under this contract comply with all specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects.

Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after acceptance of item(s) and/or work and shall extend thereafter for a period of ninety days, or as otherwise specified by the manufacturer’s standard warranty, whichever is later. Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement shall occur within a reasonable time frame, to the satisfaction of the City.

6. Indemnity: For General Services: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, and volunteers from and against any and all claims, City of Santa Cruz Appendix C: Emergency Resource Application

Rev. 4.19.2023 Page 18 demands, actions, liabilities, damages, judgments, or expenses, (including attorneys’ fees and costs) arising from the acts or omissions of Vendor, Vendor’s employees or agents, or in any way related to the obligations or the performance of services under this contract, except for design professional services as defined in Civil Code §2782.8, and except where caused by the sole or active negligence, or willful misconduct of City.

For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, or expenses, (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Vendor, Vendor’s employees or agents, in any way related to the obligations or the performance of design professional services under this contract as defined in Civil Code §2728.2, except where caused by the sole or active negligence, or willful misconduct of City. The costs to defend charged to the Vendor relating to the design professional services shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8.

7. Compliance Requirements: Vendor shall be responsible for complying with all applicable Federal, State, and local laws and regulations including, but not limited to, City policies, ordinances, and Best Management Practices. Requirements vary based on the nature of the product to be provided and/or work to be performed;

these shall include, but are not limited to, complying with the items listed below and following City Council policies regarding asbestos in products, polystyrene foam, recycled paper, and fair trade coffee. These policies are available on the City’s website here.

a. Licensing: Vendor warrants that it has complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:

i. Vendor is located in the City of Santa Cruz;

ii. Will perform physical work in the City of Santa Cruz for 6 or more days annually; or

iii. 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.

b. Prevailing Wage: In performing “public work” pursuant to and subject to Labor Code §1720 et seq.

under this contract, Vendor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services. All workers employed in the execution of a public works contract (as defined in Labor Code §1720 et seq. and §1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (See Labor Code §§1720, 1774 and 1782.) Pursuant to Labor Code §1773.2, the current prevailing rate of per diem wages at the time of the contract as determined by the Director of the Department of Industrial Relations (DIR) may be on file at the dept. office awarding the public work.

Vendor shall post a copy of these rates at the work site, if any. The “public work” project is subject to the compliance monitoring and enforcement by the DIR. The Vendor and subcontractor, if any, must be registered with the DIR to submit a bid or engage in the performance of any contract for public work pursuant to Labor Code §§1725.5 and 1771.1. The Vendor is responsible for posting job site notices as prescribed by regulation pursuant to Labor Code §1771.4(a)(2). The Vendor and each subcontractor, if any, must submit certified payrolls to the Labor Commissioner pursuant to Labor Code §1771.4. Any failure of Vendor and/or its subcontractors to comply with the above requirements shall constitute a breach of this contract that excuses the City’s performance of this contract at the City’s sole and absolute option, and shall be at the sole risk of Vendor. Vendor on behalf of itself, and any subcontractor, agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorneys’ fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, Rev. 4.19.2023 Page 19 arising from or relating to any failure (or alleged failure) of the Vendor and any subcontractor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law.

c. Living Wage: Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. The requirements of the Living Wage ordinance are provided in Santa Cruz Municipal Code Chapter 5.10.

d. Vendors’ Duties Concerning Labor Code Compliance. As required by Labor Code §1775(b)(1), Vendor shall include in any contract between Vendor and subcontractors for the performance of work on a public works project, a copy of Labor Code §§1771, 1775, 1776, 1777.5, 1813 and 1815.

e. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project.

f. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. The Vendor shall include provisions in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, the Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1776(h) and this paragraph from payment due to such subcontractor and remit such penalties withheld to the City.

g. Hours of Labor. Pursuant to Labor Code § 1810, 8 hours of labor shall constitute a legal day’s work.

Pursuant to Labor Code § 1813, the Vendor and each subcontractor, if any, shall, as a penalty to the City, forfeit the prescribed amount per calendar day for each worker required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without being compensated in accordance with § 1815. Vendor shall include terms in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1813 and this paragraph from payments due to such subcontractor and remit such penalties withheld to the City.

h. Storm Water Requirements: The Vendor, and all subcontractors, are required to abide by the applicable City of Santa…