Request for Proposal

No. RFP No. 42-0317

FOR

METRO RAPID CORRIDORS - PAVEMENT TREATMENT

SELECTION

Contact: Matt Starkey, Transportation Manager

Email: mstarkey@santacruzca.gov

RESPONSE DEADLINE: July 29, 2026, 12:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Santa Cruz

Metro Rapid Corridors - Pavement Treatment Selection

I. INTRODUCTION

II. GENERAL INFORMATION FOR PROPOSERS

III. PROCESS INSTRUCTIONS

IV. EVALUATION CRITERIA

V. TERMS AND CONDITIONS

VI. PRELIMINARY SCOPE OF WORK

VII. PROPOSAL SUBMITTALS

Attachments:

A - City of SC - Downtown Corridor_Original

#RFP No. 42-0317 Title: Metro Rapid Corridors - Pavement Treatment Selection

1. INTRODUCTION

1.1. Summary

The City plans to complete pavement rehabilitation as part of METRO Rapid Corridors Project along

Front Street and River from Soquel Avenue to Water Street. The northbound bike and parking lanes were converted to a transit lane in 2024 to accommodate the Temporary METRO Transit Center. The project aims to make those treatments permanent and improve the roadway pavement section accordingly. This portion of Front Street from Water Street to Soquel Street is a predominantly two lane, one way arterial composed of asphalt concrete (AC) over Portland cement concrete (PCC). This project will prepare a design report that will be submitted to the METRO Rapid Corridors Designer for incorporation into their design plans.

1.2. Background

The City and Santa Cruz Metropolitan Transit District (METRO) are working to improve transit service in

Downtown Santa Cruz. METRO is leading the design effort and the City will later lead the construction effort. The transit improvements are funded by grants but the pavement treatment is funded by the

City. To accommodate the buses with limited budget, the City needs a recommendation on the most effective pavement treatment option.

1.3. Contact Information

Matt Starkey

Transportation Manager

Email: mstarkey@santacruzca.gov

Phone: (831) 420-5182

Department:

Public Works

Department Head:

Nathan Nguyen

Public Works Director

1.4. Timeline

The City will make every effort to adhere to the following tentative schedule. All dates set forth in this

RFP are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this RFP to “time” are Pacific Standard Time.

Release Project Date July 16, 2026

RFP Questions and Clarification Due Date July 21, 2026, 12:00pm

Tentative Question Responses July 22, 2026, 5:00pm mailto:mstarkey@santacruzca.gov tel:(831)420-5182

Proposal Submission Deadline July 29, 2026, 12:00pm

Consultant Selection Date July 30, 2026

2. GENERAL INFORMATION FOR PROPOSERS

2.1. Summary Scope of Work

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

The City invites qualified firms to respond to this Request for Proposal (RFP) for the project (“Project”) titled below:

Metro Rapid Corridors - Pavement Treatment Selection

RFP No. RFP No. 42-0317

The City anticipates awarding a contract to a vendor for a year term. The Proposer will provide the services outlined in Section PRELIMINARY SCOPE OF WORK.

The successful Proposer shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete the work described in this RFP. The successful Proposer will provide a brief statement of services, as detailed further in Section PRELIMINARY SCOPE OF WORK.

2.2. Contact

If you have any questions concerning this solicitation, please ask questions utilizing City’s e-Procurement

Question & Answer feature. This RFP document may be downloaded from the City’s e-Procurement

Portal at https://procurement.opengov.com/portal/santacruzca/projects/282728. For technical assistance, contact OpenGov using the real-time chat feature on the Portal (located in the lower right-hand corner of the screen), or via email at procurement-support@opengov.com for support. All questions must be received by 12:00 pm on Tuesday, July 21, 2026.

2.3. Proposal Submittal Due Date

Proposals are due no later than 12:00 pm on Wednesday, July 29, 2026, to guarantee review. Proposals received after the deadline will be deemed non-responsive. All proposals will be submitted via City’s e-

Procurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/282728.

Proposers take full responsibility for City’s receipt of its Proposal. The City will not be liable for any expenses incurred by Proposers in responding to this solicitation, including but not limited to any costs associated with interviews.

It is the responsibility of the Proposer to ensure that electronic submittals are received by the City prior to the deadline.

2.4. Pre-Proposal Meeting

A pre-proposal meeting will not be held for this RFP.

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2.5. Responsiveness and Responsibility

When determining the Responsiveness of the proposal, the City may consider any of the following but not limited to:

A. Proposal received on time and completed per instructions.

B. Proposal contains required contents, forms and signatures submitted in accordance with RFP instructions.

C. Proposal is compliant with specifications and industry standards.

When determining the Responsibility of the Proposer, the City may consider any of the following but not limited to:

A. Possession of industry standard licensing and/or certifications.

B. Financial capacity of the Proposer.

C. Experience or past performance of the Proposer.

D. Use of Subcontractors / Subconsultants.

E. Past, Present and Pending Legal Actions.

F. Exceptions with City’s Terms and Conditions.

G. Anticipated adherence with Project delivery schedule.

H. Ability to respond to City’s inquiries for proposal clarification.

Proposers have the right to take exception to the specifications or terms and conditions of this RFP, however, such exceptions may deem the proposal non-responsible. Any exceptions taken must be explained in the proposal and submitted by the submittal due date. Any exceptions that contradict the

City’s terms and conditions or contain provisions that are not in the best interest of the City will disqualify the Proposer. If exceptions are not explained, the Proposer will comply with the specifications as stated in this RFP. Exceptions submitted after the proposal due date will not be accepted.

The City reserves the right to reject any or all proposals and to waive any informality or minor defect in proposals received.

2.6. Definitions

In this RFP document:

A. “Proposer” means contractor, firm, supplier, vendor, or consultant submitting a proposal to this

RFP.

B. “Proposal” means the complete submittal of Proposer to the City in response to this RFP, including any written documentation and oral interview responses.

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

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 Project.

E. “Contract” also means Purchase Order or Agreement.

3. PROCESS INSTRUCTIONS

3.1. Questions and Requests for Clarification and Addenda

Questions or concerns regarding any aspect of this RFP shall be sent via City’s e-Procurement Portal’s

Question & Answer feature and received by the date identified in Timeline in INTRODUCTION Section.

Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out in the City's procurement portal.

The City may determine it is necessary to revise any part of this RFP. Revisions will be made by written addenda and it is the Proposer’s sole responsibility to comply with any addenda to this RFP. Addenda will be posted on the City’s e-Procurement Portal, https://procurement.opengov.com/portal/santacruzca/projects/282728, under Bidding Information.

3.2. Proposal Evaluation Criteria

RFP responses will be evaluated and ranked according to the evaluation criteria identified in the sub-sections Responsiveness and Responsibility in GENERAL INFORMATION FOR PROPOSERS section, below, by an evaluation committee composed of City staff. The evaluation committee will open and review the proposals in confidence. Proposals will be available to the public after the contract award.

After the initial proposal evaluation, the City may determine that additional information is needed to establish the final ranking of proposers. The semi-finalists will be contacted and may be asked to:

• Conduct a scenario-based demonstration of the equipment or service,

• Revise the submitted proposal for the purpose of obtaining best and final offers, and/or

• Provide additional information to assist City in determining the best value proposer.

The Evaluation Committee will use all information collected to rank the semi-finalists in order of their ability to best meet the requirements of the City. The City will begin negotiating a firm contract with the highest ranked Proposer. If no agreement can be reached, negotiations will begin with the next ranked

Proposer.

3.3. Responsiveness

Responsiveness is determined in accordance with meeting the minimum requirements in Sub-Section

Responsive and Responsibility of Section GENERAL INFORMATION FOR PROPOSERS to be responsive

(the submittal includes all of the required documentation).

3.4. Responsibility

Responsiveness is determined in accordance with meeting the minimum requirements in Sub-Section

Responsive and Responsibility of Section GENERAL INFORMATION FOR PROPOSERS to be responsive

(the submittal includes all of the required documentation).

The total maximum score for the evaluation of proposals is 100 percent (100%). Proposals will be evaluated by the EC using the Proposal Evaluation Criteria as set forth in Section EVALUATION CRITERIA.

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Proposals that are deemed responsive, from a Proposer that has been deemed responsible, will be evaluated based on the Evaluation Criteria below. Evaluation and scoring of proposals will be based on how likely the proposal content meets or exceeds the performance requirements of this RFP.

3.5. Negotiations

Upon the City’s final ranking of proposals, the Proposers shall be prepared to enter negotiations to enter into the Contract. The City will first begin negotiations with the top-ranked Proposer(s). If the City and the top-ranked Proposer(s) do not reach an agreement, then the City may negotiate with the next highest-ranked Proposer. This process will continue until the City reaches an agreement with a

Proposer(s) or terminates the procurement. The City may begin negotiating with the next highest-ranked Proposer whenever the City determines that doing so is in its best interest, and the City may negotiate with more than one Proposer at the same time.

The failure of the highest-ranked Proposer to comply with any of the requirements of this section shall constitute grounds for the City to negotiate the agreement with the next top-ranked Proposer. Upon completion of successful negotiations, the City will issue a written Notice of Intent to Award (NOITA) letter to all Proposers which lists the “Successful Proposer” that the City recommends for award of an agreement.

3.6. 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 proposer or quoting prices on materials for a bidder, is not hereby disqualified from submitting sub-bids or quoting prices to other bidders.

The proposer shall acknowledge that it has not directly or indirectly been collusive with any other proposer in the preparation and submission of the proposal by submitting the Non-Collusion

Declaration. If at any time it shall be found that the proposer to whom a contract has been awarded has, in presenting the proposal, colluded with any other party or parties, said proposer shall be liable to the City for all loss or damage which the City has or may suffer as the result of the collusive activity, including, but not limited to, the cost of advertising and awarding a new contract.

3.7. Public Record

Proposals received are the property of the City. All proposals, evaluation documents, and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” (CPRA)

California Government Code, sections 7920.000 – 7931.000. All documents related to this solicitation will become public records once discussions and negotiations with proposers have been fully completed and a Notice of Intent to Award (NOITA) letter to all Proposers is issued.

If Proposer’s proprietary information is contained in documents or information submitted to City, and

Proposer claims that such information falls within one or more CPRA exemptions, Proposer 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 Proposer prior to such disclosure. If Proposer 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 Proposer 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

Proposer. Proposer 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 Proposer.

3.8. Award Protests

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

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

Matt Starkey, Transportation Manager, mstarkey@santacruzca.gov

Any Proposer who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award.

Protests letters regarding a contract award will be directed to:

City of Santa Cruz

Nathan Nguyen, Public Works Director

809 Center Street

Protests regarding the contract award must be received no later than 5 business days after the written

Notice of Intent to Award is sent by the City. The award protest must be in writing and include:

The name, address, and telephone number of the protester; The Project title, RFP Number, and RFP due date; A detailed statement of the legal and/or factual grounds for the protest; and the form of relief requested. Throughout the protest review process, the City has no obligation to delay or otherwise postpone an award of a contract.

Protests regarding the award resulting from this RFP must be delivered to

Nathan Nguyen, Public Works Director within 5 business days after the written Notice of Intent to Award is sent by the City. The Public Works Director will review the protest and issue a written response within

10 business days. The decision of the Public Works Director is final.

3.9. Debriefing

A debriefing may be held after the contract award with the City and a Proposer for the Proposer to receive information about the evaluation of their proposal. A Proposer shall submit a written request to the City for a debriefing shall within thirty (30) days after the issuance of the NOITA. The debrief conference will be allotted a maximum of thirty (30) minutes and will consist only of evaluating the requesting Proposer’s Proposal.

3.10. Contract Implementation

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

• Proof of insurance and prevailing wage compliance documentation as specified in Sub-Section

Insurance Requirements and Sub-Section Prevailing Wage in Section Terms and Conditions of this RFP;

• Documentation of all credentials necessary to legally perform the Project specified;

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

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

• The finalized contract will be in the form included as Appendix A Sample Agreement herein, and include the RFP documents, the Proposer’s response to RFP and Vendor Questionnaire, the

Budget as described in Cost Proposal, and any negotiated modifications agreed to by the parties.

3.11. Reservation of Rights

The City, at its sole discretion, reserves the following rights:

• To reject any or all proposals or information received pursuant to this RFP;

• To waive any informality or minor defects in proposals received;

• To supplement, amend, substitute, or otherwise modify this RFP at any time by means of written addendum;

• To cancel this RFP with or without the substitution of another RFP or prequalification process;

• To cancel the scope of services awarded through this RFP process with or without the substitution of another RFP or prequalification process;

• To request additional information from a Proposer;

• To bid separately any item or items where it is determined by the Purchasing Manager that:

o A substantial savings in cost will result due to a large quantity purchase, or o The commodity is not appropriately classified under this specification contract.

o To verify the qualifications and experience of each Proposer;

• To require one or more Proposers to supplement, clarify, or provide additional information in order for the City to evaluate proposals submitted.

3.12. Environmental Conservation and Sustainable Living

The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living.

This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean

Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). In your proposal, please provide information about your company regarding any existing environmental conservation goals or guidelines, environmental or greenhouse gas emissions disclosures, Green Business certifications, existing alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

3.13. Financial Responsibility

The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this

RFP. Proposers acknowledge and agree that their Proposals will become the property of the City and may be used by the City in any way deemed appropriate.

4. EVALUATION CRITERIA

4.1. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm Background Information

This section must include the following

(maximum 2 pages):

A. Legal name, addresses, telephone numbers of the principal office

(national headquarters) and local office. Include the same information if services will be provided from additional locations.

B. Year established and history.

C. Business entity status (i.e., partnership, corporation, LLC).

D. Indicate if Proposer has defaulted in its performance of an agreement or project during the past five (5) years which has led the other party to terminate the agreement and if so, the identity of the parties involved and the circumstances of the default or termination.

E. Respond to the following:

1. Explain any pending litigation, liens, or claims involving your organization.

2. Has your company filed for bankruptcy in the last ten (10) years?

Pass / Fail 10 (10% of Total)

2. Adherence to RFP Requirements

To be considered responsive, the proposal shall include the information detailed in this section. The proposer must provide information in the proposal in the same order as shown below. The proposal shall be separated into the subheadings referenced below. Failure to provide this information may result in a proposal being considered non-responsive to requirements.

Proposal Format

Proposals should be organized as follows:

• Written Technical Proposal:

Demonstrate an understanding and approach to the issue using the preliminary scope of work as a starting point. Not more than 10 pages, around 5-7 pages anticipated.

• Firm and Team Qualifications: Firm profile and key staff resumes.

• Cost Proposal: Provide a cost proposal showing tasks and staffing efforts.

Proposals shall be typed, as concisely as possible, and shall not include any unnecessary promotional material. The Proposer shall provide the information required in this

Evaluation Criteria section and comply with the maximum page limitations provided for each subsection of the proposal. The RFP Required

Submittal Documents do not count toward applicable section page limits.

Pass / Fail 10

3. Technical Approach and Work Plan

A. Technical Approach: Describe your approach to completing Section

Preliminary Scope of

Services. Identify deliverables and key decision points. Provide comments regarding the proposed

Section Preliminary Scope of

Services. This may be used as an opportunity to expand upon your team’s specific experience and expertise, and to outline any changes you believe would help achieve the

Project’s goals and objectives.

B. Work Plan: Describe how the project team will fulfill the Section

Preliminary Scope of

Services. Include a project schedule in the Project Schedule

Document. Provide a matrix of personnel, tasks, and an estimated effort in hours.

Proposers shall address all major tasks outlined in Section Preliminary Scope of Services and as appropriate, suggest supplemental tasks/sub-tasks for incorporation into the final

Section Preliminary Scope of Services. This should be achieved within

0-100 Points 30 (30% of Total)

4. Firm Qualifications, Expertise, and Experience

In this section (maximum 2 page), include the following:

A. Describe the Proposer’s qualifications and experience working on similar, relevant, or related projects that were completed, as outlined in Section

Preliminary Scope of Services within the last five (5) years.

B. Provide a list of all services Proposer has performed for the City in the past three (3) years, include a description of the services, date of engagement(s), members of the proposed team that performed the services. Indicate if Proposer served as the prime contractor or as a subcontractor.

0-100 Points 25 (25% of Total)

5. Team Qualifications, Expertise, and

Experience

In this section (maximum 5 pages), include the following:

A. Provide resumes for up to three key members of the proposed project team and include the qualifications and experience suited to the proposed assignment. Include resumes as a separate attachment.

If awarded the contract, the Proposer shall make every effort to ensure that the staff resources identified in the proposal will be available for the Project. If staff identified in the proposal are not available, the City reserves the right to review and approve alternate personnel.

0-100 Points 15 (15% of Total)

6. Cost Proposal

Cost/Pricing is a factor in this selection.

Proposers must complete and submit a Cost

Proposal. It is the Proposer’s responsibility to state all costs to provide the services outlined in Section Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractors, other direct costs (ODC) such as materials, supplies, taxes, and travel. A

Proposer’s failure to submit a Cost Proposal will deem the submittal non-responsive.

Include the Cost Proposal with the Electronic

Response.

The price will be evaluated in the following manner:

A. The responsive proposal with the lowest price will be given the full weight of points assigned to the pricing criteria.

B. Every other responsive proposal will be given points proportionately in relation to the lowest price. This point total will be calculated by dividing the lowest proposed price by the total proposed price of the proposal being evaluated with the result multiplied by the maximum weight for the price (100 %) to arrive at a price score of less than the full score for price.

Example: Lowest Total Proposed

Price Total % Price Proposer’s Total Proposed

Price X for Price = Score

Reward Low Cost 10

4.2. Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

5. TERMS AND CONDITIONS

5.1. City’s Standard Terms and Conditions

The City of Santa Cruz standard Terms and Conditions shall govern this contract. Review the terms and conditions here; all terms including, but not limited to, insurance apply to the contract resulting from this solicitation. A current copy of these terms will be included in the resulting contract as Exhibit A

Scope of Work. A hard copy of the Terms and Conditions is available by contacting the City’s Purchasing

Division at (831) 420-5080.

5.2. Insurance Requirements

Proposer will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard Terms and Conditions. The

City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Proposer.

5.3. Prevailing Wages and Labor Compliance

Prevailing Wages do not apply to this contract.

5.4. Living Wage

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

Cruz Municipal Code Chapter 5.10.

5.5. Contract Period

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

5.6. Equal Employment Opportunity and Non-Discrimination

City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed

(including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal

Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

http://www.cityofsantacruz.com/home/showdocument?id=9259 http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html http://www.cityofsantacruz.com/home/showdocument?id=59192.

http://www.cityofsantacruz.com/home/showdocument?id=59192.

5.7. Indemnification

To the fullest extent permitted by law, Proposer agrees to indemnify, defend, and hold harmless the

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

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

5.8. Performance Bond/Payment Bond

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

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

(Public Contract Code Section 20483(a)).

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

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

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

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

$5 million; or

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

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

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

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

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

6. PRELIMINARY SCOPE OF WORK

6.1. Scope of Work

The City plans to complete pavement rehabilitation as part of METRO Rapid Corridors Project along

Front Street and River from Soquel Avenue to Water Street. The northbound bike and parking lanes were converted to a transit lane to accommodate the Temporary METRO Transit Center. The project aims to make those treatments permanent and improve the roadway section accordingly as shown in

Attachment A. This portion of Front Street from Water Street to Soquel Street is a predominantly two lane, one way arterial composed of asphalt concrete (AC) over Portland cement concrete (PCC). This project will prepare a design report that will be submitted to the METRO Rapid Corridors Designer for incorporation into their design plans. The project is grant funded, but the pavement treatment is being paid for with City funds. A cost-effective treatment is needed. The following tasks outline the anticipated effort.

Task 1: Project Management

The selected consultant team will need to coordinate with the Rapid Corridors Project and City of Santa

Cruz on pavement limits, treatments, incorporation into design plans, and anticipated budget.

Deliverable: Up to three meetings for project kickoff and design coordination with Santa Cruz Metro and

City, invoicing, and project coordination.

Task 2: Pavement Treatment Selection

Complete field visits, pavement coring and bulk sampling to determine up to six recommended pavement treatments along the project limits. The selected treatments should be based upon accepted

Caltrans methodologies and specifications in coordination with the City. Prepare a draft and final report for review by the City and Metro Project Team.

Assumptions: City to provide anticipated traffic volumes and no-cost encroachment permit for sampling. There is no plan preparation or design as part of this project.

Deliverable: Pavement Design Report showing results of field survey, laboratory testing, recommended paving treatment alternatives, cost estimate per treatment, and technical specifications.

Schedule

This project is anticipated to begin by Fall 2026 with the Final Report completed prior to the end of

January 2027. Final designs must be completed and accepted by City Council by April 2027.

6.2. 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.

7. PROPOSAL SUBMITTALS

7.1. Proposal Response*

By confirming, the proposer is affirming to the following:

The proposer, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Request for Proposals for Metro Rapid Corridors -

Pavement Treatment Selection” at the prices indicated herein.

The proposer, under penalty of perjury, declares not to be a party with any other business to an agreement to propose a fixed or uniform price in connection with this proposal.

The proposer declares under penalty of perjury that she/he is authorized to submit this proposal and bind the business or organization to the terms of this Proposal.

The proposer recognizes the right of the City of Santa Cruz to reject any or all proposals received and to waive any informality or minor defects in proposals received.

The proposer declares under penalty of perjury that the information contained in this Proposal and all accompanying documents are true and correct.

☐ Please confirm

*Response required

7.2. Technical Proposal*

*Response required

7.3. Cost Proposal*

Proposers must complete and submit a Cost Proposal with their Proposal submittal by the Proposal

Submittal Due date. It is the Proposer’s responsibility to state all costs required to provide the services outlined in Section Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractor costs, and other direct costs (ODC) such as materials, supplies, taxes, and travel. A Proposer’s failure to submit a Cost Proposal will deem the Proposal non-responsive.

*Response required

7.4. Non-Collusion Declaration*

By confirming, the proposer, the party making the foregoing proposal declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant has not directly or indirectly induced or solicited any other Consultant or Sub-Consultant to put in a false or sham proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with any

Consultant, Sub-Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other

Consultant or Sub-Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant or Sub-Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

☐ Please confirm

*Response required

7.5. Acknowledgment of Addenda and Question and Answer*

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

☐ Please confirm

*Response required

7.6. California Levine Act Disclosure Statement

As a party to a proceeding, you are required to comply with the following Levine Act Disclosure

Statement:

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City

Officers (as defined below) from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they accept, solicit, or direct contribution(s) from a party, participant, and its agent(s), totaling more than $500 within the twelve (12) months prior to the proceeding, while a proceeding is pending, and for twelve

(12) months following the date of a final decision in a proceeding.

“City Officers” include any City elected or appointed officer, their alternates, and any candidate for elective office. “City Officers” are listed at the following sites:

• City Council and Mayor: cityofsantacruz.com/government/city-council/councilmembers

• Candidates for elective City offices: cityofsantacruz.com/government/city-departments/city-clerk/elections/candidates

• Board and Commissioners with certain decision-making powers:

cityofsantacruz.com/government/advisory-bodies, including:

o Arts Commission o Board of Building Appeals o Children’s Fund Oversight Committee file://///ADS-66162-99/data$/Documents/BUSINESS/CITY/CITY%20COUNCIL/Conflict%20of%20Interest/SB%201439%20(Levine%20Act)/Disclosure%20Statement%20Forms/cityofsantacruz.com/government/city-council/councilmembers file://///ADS-66162-99/data$/Documents/BUSINESS/CITY/CITY%20COUNCIL/Conflict%20of%20Interest/SB%201439%20(Levine%20Act)/Disclosure%20Statement%20Forms/cityofsantacruz.com/government/city-departments/city-clerk/elections/candidates file://///ADS-66162-99/data$/Documents/BUSINESS/CITY/CITY%20COUNCIL/Conflict%20of%20Interest/SB%201439%20(Levine%20Act)/Disclosure%20Statement%20Forms/cityofsantacruz.com/government/city-departments/city-clerk/elections/candidates file://///ADS-66162-99/data$/Documents/BUSINESS/CITY/CITY%20COUNCIL/Conflict%20of%20Interest/SB%201439%20(Levine%20Act)/Disclosure%20Statement%20Forms/cityofsantacruz.com/government/advisory-bodies o Downtown Commission o Historic Preservation Commission o Parks & Recreation Commission o Planning Commission o Sister Cities Committee o Transportation and Public Works Commission o Water Commission o Zoning Administrator

As a party to a proceeding, you are also required to provide the information below concerning your contributions to City Officers. This form is to be submitted to the City of Santa Cruz as soon as practicable, but before the proceeding itself, and is a public record. If you have any questions about this form, please contact your City representative for assistance.

You must submit a supplemental form if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered by the City of Santa Cruz.

Answering “YES” to any of the questions in this Section does not preclude the City of Santa Cruz from awarding a license, permit, or contract to you or your organization or taking any subsequent action related to said license, permit, or contract. It does, however, preclude any identified City Officers from participating in any actions related to this license, permit, or contract, unless the identified City

Officers return the contribution within 30 days of discovery. (Gov. Code § 84308(d); FPPC Reg.

18438.7.)

In determining whether a contribution has exceeded $500, the contributions of an agent shall not be aggregated with contributions from a party or participant. (Gov. Code § 84308(g).)

7.6.1. Have you or your organization, or any agent on behalf of you or your organization (except for uncompensated officers of a nonprofit organization), made any contributions totaling more than $500 to any City Officers (as defined above) in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract?* Note that, with respect to elected officers, contributions only count if the elected officer or the body of which they are a member has authority to make a decision or recommendation in the proceeding.

☐ Yes

☐ No

*Response required

When equals "Yes"

7.6.2. If yes, please identify the City Officer(s) Name, Payee Name, Payment

Date, and Payment Amount in the field below.* *Response required

7.6.3. Do you or your organization, or any agent on behalf of you or your organization (except for uncompensated officers of a nonprofit organization), anticipate or plan to make any contribution totaling more than $500 to any

City Officers (as defined above) during or in the 12 months following any City

Council, Board, or Commission action related to this license, permit, or contract? * Note that, with respect to elected officers, contributions only count if the elected officer or the body of which they are a member has authority to make a decision or recommendation in the proceeding.

☐ Yes

☐ No

*Response required

When equals "Yes"

7.6.4. If yes, please identify the City Officer(s) Name, Payee Name, Payment

Date, and Payment Amount in the field below.* *Response required