Invitation_for_Bids_-_Civic_Handrail_Project_-_FINAL_8.29.25.pdf

PARKS AND RECREATION DEPARTMENT

INVITATION FOR BIDS,

SPECIFICATIONS, AND CONTRACT DOCUMENTS

FOR

CIVIC AUDITORIUM – HANDRAIL PROJECT

CITY PROJECT NO. c302422

BID OPENING OCTOBER 1, 2025 @ 2:00 PM PACIFIC STANDARD TIME

PROJECT NO.c302422

NOTICE INVITING SEALED BIDS

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

“CIVIC AUDITORIUM – HANDRAIL PROJECT c302422"

1. Date and Place of Opening Bids. Sealed bids for the construction of the Project will be received at the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060, until October 1, 2025, at 2:00 PM local time in a sealed envelope plainly endorsed with the Project Name and Number, listed above. At that time, the Bids received will be publicly opened and read. Bids received after the date and time stated above will be rejected as nonresponsive.

2. Location of Project. The Project is to be performed at the following location: 307 Church St., 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: the installation of new handrails at the Civic Auditorium (the “Work”). For additional information, please contact the individual listed in Paragraph 22, below.

4. Time for Completion. The Project shall be completed in forty-five (45) working days. All time limits stated herein are of the essence.

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

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

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

6. Obtaining the Bidding Documents. Bidding Documents may be downloaded, without charge, from the following designated website:

https://procurement.opengov.com/portal/santacruzca (the “designated website”). Paper Bidding Documents may be examined and copies secured from the office of the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10. Pre-Bid Conference. A mandatory pre-bid conference will be held at the Project address, listed in Section 2, above, on September 9, 2025, at 10:00 AM local time. All prospective bidders must sign in on the City-provided sign-in sheet at this conference.

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

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

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

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

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

Refer to the DIR website, http://www.dir.ca.gov, to register and to find the correct wage rates and answers to questions related to prevailing wage requirements. Contractors and all subtier subcontractors must be registered AT THE TIME OF BID. Any business whose work requires the payment of prevailing wages MUST be registered as a public works contractor and may NOT work on the Project unless and until registered.

Submission of Certified Payroll and Related Documents; The Contractor shall cause certified payrolls and other related labor compliance documents as requested by the City to be submitted electronically through a web based system (such as LCptracker or other similar type system.). This applies to all levels of subcontractors and subtier contractors.

The City shall withhold progress or final payments if complete documentation is not timely submitted and deemed to be correct .

15. Federal Monitoring. The federal minimum wage rates for this Project, as determined by the United States Department of Labor, are set forth on the following website:

https://sam.gov/wage-determination/CA20250018/13. The current federal prevailing wage rates at the time of bid opening are incorporated into the Contract Documents. The effective general prevailing wage rates, which are determined and on-file with the California DIR, are incorporated herein.

If there is a difference between the federal minimum wage rates predetermined by the U.S.

Department of Labor and the general prevailing wage rates determined by the California DIR for similar classifications of labor, the Contractor and subcontractors shall pay not less than whichever wage rate is higher. The DIR will not accept lower California wage rates not specifically included in the federal minimum wage rate determinations. This includes “helper”, or other classifications based on hours of experience, or other classifications not appearing in the federal minimum wage rate determinations. Where federal minimum wage rate determinations do not contain the DIR’s general prevailing wage rates otherwise available for use by the Contractor and Subcontractors, the Contractor and Subcontractor shall pay not less than the federal minimum wage rate which most closely approximates the duties of the employees in question.

This Project is also subject to the “Buy America” provisions of the Surface Transportation Assistance Act of 1982, as amended by the Intermodal Surface Transportation Efficiency Act of 1991 and as further amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21) of 2012.

This Project is also subject to, but not limited to, Disadvantaged Business Enterprise good faith efforts, Davis-Bacon and California prevailing wage rates, American Iron and Steel requirements, the Contract Work Hours and Safety Standards Act, the Clean Air Act (42 U.S.C. 7401-7671) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended, the Byrd Anti-Lobbying Amendment, and 29 CFR Part 5.5.

16. CDBG Funding. This Project is funded by Community Development Block Grant

(“CDBG”) funds, as further described in the Project Specifications. NOTICE OF

REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246):

a. The bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard

Federal Equal Employment Opportunity Construction Contract Specifications” set forth in the Project Specifications.

b. The goals and timetables for minority and women participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered areas, as defined below, are as follows:

TIMETABLES: From 1 April 1981 until further notice.

GOALS FOR MINORITY PARTICIPATION IN EACH TRADE: 14.9%

GOALS FOR WOMEN PARTICIPATION IN EACH TRADE: 6.9%

These goals are applicable to all of the Contractor’s construction work (whether or not it is federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area outside of the covered area, it shall apply to goals established for such geographical area where the work is actually performed.

With regard to this second area, the Contractor also is subject to the goals for both its federally-involved and non-federally-involved construction. The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform through the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or women employees or trainees from Contractor to Contractor of from project to projects for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

c. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs, U.S. Department of Labor, within 10 working days of award of any construction contract or subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the contractor or subcontractor, estimated starting and completion dates of the contract; and the geographical area in which the contract is to be performed.

d. As used herein, and in the contract resulting from this solicitation, the “covered area” is Santa Cruz, California.

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

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

Bidders bidding as the Prime Contractor shall possess a valid California Contractor’s Class “B” - General Building Contractor 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 shall act as a bar to award of the contract to the bidder.

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

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

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

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

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

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

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

21. Good Faith Local Hiring and Apprenticeships. Section Intentionally Omitted.

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

City of Santa Cruz, Public Works Department

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

BJ DERICCO

ENGINEERING ASSOCIATE

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

23. Section Intentionally Omitted.

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

Dated: August 19, 2025

TREMAIN HEDDEN-JONES

SUPERINTENDENT OF RECREATION

Parks & Recreation Department 323 Church St.

Santa Cruz, CA 95060

BID FORM

For

“CIVIC AUDITORIUM – HANDRAIL PROJECT c302422"

TO: The Council of the City of Santa Cruz

BID OF:

Business Address:

Business Telephone:

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

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

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

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

WORK AS SPECIFIED IN THE SPECIAL PROVISIONS WITHIN APPROXIMATELY

FORTY (40) WORKING DAYS, AND THE PRICES INCLUDE ALL STATE, FEDERAL,

AND OTHER TAXES APPLICABLE TO THE PROJECT.

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

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

The undersigned Bidder has carefully examined the form of the Agreement, the Standard Specifications, the Plans and Special Provisions for the project hereinbefore described and referred to in the “Invitation to Bidders” inviting bids for CIVIC AUDITORIUM – HANDRAIL

PROJECT c302422 and also the site of the work and will provide all necessary machinery, tools apparatus and other means of construction, and do all the work and furnish all materials required by said Specifications and Plans and Special Provisions in the manner described therein.

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

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

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

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

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

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

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

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

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

1. Bid Form

2. Basis of Bid

3. Bid Bond (if used as security)

4. List of Subcontractors Form

5. DIR Compliance Affidavit

6. Contractor Reference Information

7. Non-Collusion Declaration

8. Bidder’s Financial Qualification Form

9. Certification Regarding Lobbying and Disclosure of Lobbying Activities

10. Contractor Qualification Questionnaire

11. Equal Employment Opportunity Certification

12. Public Contract Code Statements

13. CARB Requirement for Certificate of Reported Compliance

14. Debarment and Suspension Certification

15. Community Development Block Grant Form, Section 3 Business Certification Form, and

Contractor Section 3 Plan

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

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

Dated: Firm Name:

Official Address: Phone:

Email Address:

By: Title:

State Contractor’s License No.:

DIR Registration No.:

Signature of Bidder:

Basis of Bid

Name of Bidder:

Project Name/Number: CIVIC AUDITORIUM – HANDRAIL PROJECT PROJECT NO. C302422

Item

No. Item Description Unit

Estimated

Quantity

Unit Price

Unit Price

Extension ($)

1 Demolition LS 1

Metal - Handrails fabrication (Stepped aisle iterations) EA 88

Metal - Handrails fabrication (Wall adjacent iterations) EA 2 4 Handrail Installation - Stepped aisle iterations EA 88 5 Handrail Installation - Wall adjacent iterations EA 2 6 Concrete prep. and repairs (as required) LS 1

Paint - Handrails and associated hardware

(Stepped aisle iterations) EA 88

Paint - Handrails and associated hardware (Wall adjacent iterations) EA 2

9 Contractors General Conditions LS 1

SUBTOTAL

10% CONTINGENCY

TOTAL

Total Basis of Bid Plus Contingency in Words:

Schedule Of Values

If awarded the contract, Contractor must submit a schedule of values.

Bid Bond

(If Bond Posted as Security)

KNOW ALL PERSONS BY THESE PRESENT:

THAT WE, , AS PRINCIPAL,

AND , AS SURETY, are held and firmly bound unto the City of Santa Cruz in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Santa Cruz for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Santa Cruz to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of

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

For:

“CIVIC AUDITORIUM – HANDRAIL PROJECT, PROJECT NO. c302422”

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

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

PRINCIPAL SURETY

__________________________________ (Seal) (Seal)

Signature Signature

Title Title

Address Address

(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)

List of Subcontractors Form

Project Name/Number: CIVIC AUDITORIUM – HANDRAIL PROJECT, PROJECT NO. c302422

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

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

Subcontractor’s

Legal Name

Business

Address and

Phone

Number

CSLB

License

Number

Public

Works

Contractor

DIR

Number

Subcontract

Amount and

Proportion of Total Bid

Price

Work to Be

Performed

(Attach additional sheets, if necessary)

DIR COMPLIANCE AFFIDAVIT

California Labor Code requires private contractors, and their subcontractors, to pay prevailing wages to their workers when working on a project funded by a public entity. Prevailing wages are due if the project costs more than $1,000, and involves the following construction work: new construction, alteration, demolition, installation, repair and maintenance. Contractors must also make an attempt to hire apprentices when the total project costs exceed $30,000.

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

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

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

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

I, the Bidder, certify that:

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

Signature Date

Print Name Title

Contractor Reference Information

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

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

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

1. Name, Address, Phone No:

Project Description:

Date Completed:

2. Name, Address, Phone No:

3. Name, Address, Phone No:

4. Name, Address, Phone No:

5. Name, Address, Phone No:

Non-Collusion Declaration

(Pursuant to Section 7106 of the Public Contract Code)

Name of Bidder:

Project Name/Number: CIVIC AUDITORIUM – HANDRAIL PROJECT, PROJECT NO. c302422

The undersigned declares:

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

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

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

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

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

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

(Signature)

Bidder’s Financial Qualification

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

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

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

Company:

Address:

Company:

Address:

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

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

BIDDER

Name:

Title:

Certificate Regarding Lobbying

31 U.S. Code § 1352

The undersigned certifies, to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federally-funded contract, grant loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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

BIDDER:

CONTRACTOR QUALIFICATION QUESTIONNAIRE

The Bidder agrees to complete, sign, and return this Contractor Qualification Questionnaire, including all required supporting documentation, with the Bid. If Bidder fails or refuses to fully complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, and return it to the City with the Bid, the Bid will be considered incomplete and the City reserves the right to reject the Bid as nonresponsive. The Bid will not be considered for award of the contract.

Bidder shall fully and completely answer each question set forth below. If necessary, Bidder shall attach additional sheets. Please print or type each response. If your response to any question is “no” or “none,” you must state “no” or “none.” “Not applicable” or other similar responses will not be accepted.

1. State the full legal name of the Bidder.

2. State the nature of the Bidder’s business entity (i.e. sole proprietorship, joint venture, partnership, corporation, or other [describe]).

3. State the name and address of each person or other legal entity which has a legal or equitable ownership interest of ten percent (10%) or more of the Bidder. For each such person or legal entity, state that person or entity’s ownership interest, title, and responsibilities, if any.

4. Has any person or legal entity holding a legal or equitable ownership of ten percent (10%) or more of the Bidder ever been accused of a civil violation of California Government Code Section 12650 et seq. (False Claims Act)? If so, describe in detail all facts, circumstances, and the outcome.

5. Has any person or legal entity holding a legal or equitable ownership of ten percent (10%) or more of the Bidder ever been determined by a public agency to not be a responsible bidder? If so, state the name, address, and telephone number of the public agency, including the name of the agency’s contact person.

6. State the Bidder’s contractor’s license number(s).

7. State the date Bidder first began business.

8. State any other names that Bidder has used or done business under in the past five (5) years.

9. Describe, in general, Bidder’s construction experience.

10. Has Bidder ever failed to complete a construction project? If so, describe in detail all facts, circumstances, and the outcome.

11. Has Bidder’s control over a work of improvement ever been terminated? If so, describe in detail all facts, circumstances, and the outcome.

12. For every public work of improvement upon which Bidder has furnished labor, services, materials, or equipment in the past five years, whether completed or not, for which the Bidder’s original contract was greater than $750,000 but not more than $1,250,000, state the name, address, and telephone number of the owner and principal designer (architect or engineer), original and final cost (if greater than 10% of original), and year.

13. For every lawsuit or arbitration between Bidder and the owner of any work of improvement initiated within the past five (5) years, state the name and address of the tribunal, the matter number, the parties, a general description of the nature of the dispute, and the outcome, if any.

14. Has Bidder ever been charged with a felony? If so, describe all facts, circumstances, and the outcome, furnishing the name and address of the court in which the charge(s) were filed, including the matter name and case number.

15. Has Bidder ever been accused of a civil violation of California Government Code Section 12650 et seq. (False Claims Act)? If so, describe in detail all facts, circumstances, and the outcome.

16. Has Bidder ever been accused of presenting false claims to a public agency or public owner, as such claims are defined in California Government Code Section 12650 et seq., or 31 United States Code Section 3729 et seq.? If so, describe in detail all facts, circumstances, and the outcome.

17. Has any public agency ever determined or ruled that Bidder is not a responsible bidder? If so, state the name, address, and telephone number of the public agency, including the name of the agency’s contact person.

18. Within the past five (5) years, has Bidder ever failed to complete a public works construction project, within the time allowed by the contract, plus any written agreed upon contract time extensions? If so, state the name, address, and telephone number of the owner of such public works construction project including the name of the agencies’ contact person, and further, describe in detail the nature of the work of improvement.

19. Has any surety of Bidder ever paid or satisfied any claim on behalf of Bidder? If so, state all facts and circumstances, including the name, address, and telephone number of surety and all claimants.

20. Has any surety of Bidder ever been called upon to complete a project of Bidder? If so, state all facts and circumstances, including the name, address, and telephone number of surety and all claimants.

21. For each project or work of improvement that Bidder is either (a) currently furnishing labor, services, materials, or goods, or (b) under contract to furnish labor, services, materials, or goods state a general description of the project; the current status of the project and Bidder’s work thereon; the owner’s name, address, and telephone number; and the amount of Bidder’s contract on such project.

22. State Bidder’s annual gross sales for each of the last five (5) fiscal years.

23. Have Bidder’s accounts receivable or rights to payment been assigned to a third party? If so, state the name of the third party and whether the third party has a secured or unsecured interest. Attach a copy of the assignment agreement to this Questionnaire.

The following certification must be signed by an owner, general partner, or officer of Bidder.

I declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached contractor qualification questionnaire and attachments, if any, and know its contents, and said contractor qualification questionnaire and attachments, if any, are truthful, complete and accurate; and that city of Santa Cruz may reasonably rely upon the contents as being complete and accurate; and further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12650 et seq., pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment, and/or other severe legal consequences.

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

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The Bidder’s Execution on the signature portion of this Bid shall also constitute an endorsement and execution of those certifications which are a part of this Bid.

The Bidder/Proposed Subcontractor, , hereby certifies that it □ has / □ has not (check one) participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, it has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the Committee on Equal Employment Opportunity all reports due under the applicable filing requirements.

Date:

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

The above Certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by Bidders and Proposed Subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors or subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports, should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, and U.S. Department of Labor.

PUBLIC CONTRACT CODE STATEMENTS

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

A. SECTION 10285.1 STATEMENT

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

□ HAS □ HAS NOT

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

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

B. SECTION 10162 QUESTIONNAIRE

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

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

□ YES □ NO

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

C. SECTION 10232 STATEMENT

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

□ HAS □ HAS NOT

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

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

Verification of Compliance with

CALIFORNIA AIR RESOURCES BOARD (CARB)

REQUIREMENT FOR CERTIFICATE OF REPORTED COMPLIANCE

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

Name of Bidder: ______ Project Name/Number:

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

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

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

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

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

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

OR

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

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

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

(CARB)?

□YES □NO

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

Exempt: □ Emergency Operations

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

□ Unavailability of Renewable Diesel

□ Other: ____________________________________________

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

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

arb.ca.gov/offroadzone]:

CARB Certificate Attached with Bid: □ YES □ NO

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

4) Non-Compliance is Non-responsive.

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

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

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

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

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

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

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

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

Verification

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

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

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

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

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

DEBARMENT AND SUSPENSION CERTIFICATE

Title 49, Code of Federal Regulations, Part 29

The Bidder, under penalty of perjury, certifies that except as noted below, it or any other person associated therewith in the capacity of owner, partner, director, officer, or manager:

1. Is not currently under suspension, debarment,…