San_Lorenzo_River_Levee_Burrowing_Rodent_Mitigation_Project_(Addendum_#3_Revision).pdf

Invitation For Bids

No. IFB No. PW-0215

FOR

SAN LORENZO RIVER LEVEE BURROWING RODENT MITIGATION

PROJECT

Contact: Jenna Wilson, Management Analyst

Email: jwilson@santacruzca.gov

RESPONSE DEADLINE: June 12, 2025, 1:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Santa Cruz

San Lorenzo River Levee Burrowing Rodent Mitigation Project

I. INTRODUCTION

II. GENERAL INFORMATION FOR BIDDERS

III. INSTRUCTIONS FOR BIDDERS

IV. TERMS AND CONDITIONS

V. PRELIMINARY SCOPE OF WORK

VI. BID SUBMITTALS

VII. BID FORM

Attachments:

A - BRMP Map

B - Burrowing Rodent Migitation PSA SAMPLE (DRAFT)

#IFB No. PW-0215 Title: San Lorenzo River Levee Burrowing Rodent Mitigation Project

1. INTRODUCTION

1.1. Summary

The City of Santa Cruz Public Works Department is seeking a contractor to implement a burrowing rodent management program on the San Lorenzo River Levees. This program is anticipated to be a multi-year effort to manage the burrowing rodent population and manage the impacts of burrows in the San Lorenzo River

Levees. Burrowing rodents pose a threat to levee stability and management of the burrowing rodent population is needed to proceed with FEMA certification.

The burrowing rodent management program will consist of identifying burrows, which may involve weed whipping for visibility by the contractor, mitigating active burrows and grouting existing burrows after mitigation. The selected contractor shall use an RC 206ES Rodent Control compressor or equivalent to mitigate burrows by fumigation. Fumigation shall be completed by a qualified contractor or sub-contractor with a valid California Structural Pest Control Board License and registered with the County of Santa Cruz

Agricultural Department. The contractor will survey for and flag active burrows.

Following the fumigation the burrows shall be filled with grout and meet the following requirements:

• 9 parts cement to 1 part bentonite mixed with water to achieve 8-10 inches slump.

• Low pressure injection of flowable grout with shutoff valve to avoid overfilling burrow hole. Backfill injected burrow hole with dirt.

• Use of sediment control BMPs to hold back spillage at the lowest elevation of the riverbank.

• Work areas will be cleaned and devoid of concrete debris

• Each mitigation effort will include a submittal detailing the total gallons of grout pumped into each zone (See attachment A)

Location: Specified zones along the San Lorenzo River levees from Highway 1 bridge to the trestle bridge located by the Santa Cruz Boardwalk parking lot

• Water side: Upper 20 ft of the water side slope as measured from the edge of the paved levee path or to top of rip rap armoring (whichever is less)

• Land side: From edge of paved levee path to levee toe

1.2. Background

The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under a Council/Manager form of government. A Mayor and six Council members set policy for the City and a City

Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of

San Francisco on the northern edge of the Monterey Bay. It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000. Santa Cruz is part of the National Marine Sanctuary and is a popular tourist destination owing to its beaches, surf culture, and historical landmarks.

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

California Santa Cruz, the Santa Cruz Harbor, and the Santa Cruz Beach Boardwalk amusement park.

The San Lorenzo River levees were constructed in 1959 as the main component of a large-scale cooperative flood control project between the City of Santa Cruz and the United States Army Corps of Engineers

(USACE). The City of Santa Cruz (City) is seeking to certify the levee system as meeting the FEMA criteria outlined in Title 44, Section 65.10 of the Code of Federal Regulations (44 CFR 65.10). The City has retained

MBK Engineers (MBK) to provide program management to oversee the engineering evaluation and identify any remaining items or other actions deemed necessary to complete FEMA certification of the San Lorenzo

River levee system. MBK has identified burrowing rodents as a threat to levee stability and mitigation of the borrowing rodent population is needed to proceed with FEMA certification.

1.3. Contact Information

Jenna Wilson

Management Analyst

Email: jwilson@santacruzca.gov

Phone: (831) 420-5556

Department:

Public Works

Department Head:

Nathan Nguyen

Public Works Director

1.4. Timeline

The project shall be completed in 60 working days. The City will make every effort to adhere to the following tentative schedule. All dates set forth in this IFB are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this IFB to “time” are Pacific

Standard Time.

Release Project Date May 1, 2025

Pre-Bid Meeting (Mandatory) May 14, 2025, 10:00am

San Lorenzo west levee path by Gateway Plaza

IFB Questions and Clarification Due Date May 21, 2025, 3:00pm

Response to bidder(s) IFB Questions and

Clarification & Issue Addenda

May 28, 2025, 3:00pm mailto:jwilson@santacruzca.gov tel:(831)420-5556

Bid Submittal Due Date & Public Bid

Opening

June 12, 2025, 1:00pm

809 Center St, Room 201 Santa Cruz, CA 95060

2. GENERAL INFORMATION FOR BIDDERS

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 Invitation for Bids (IFB) for the project (“Project”) titled below:

San Lorenzo River Levee Burrowing Rodent Mitigation Project

IFB No. IFB No. PW-0215

The City anticipates awarding a contract to a vendor for a 1-year term with the option of two (2) year term extensions if City so elects. The project is completed biennially. The Bidder will provide the services outlined in Section PRELIMINARY SCOPE OF WORK.

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

2.2. Burrow Fumigation

Bidder must provide labor, materials, tools, equipment, and transportation required to complete the scope of work of burrow fumigation. The fumigation equipment shall be an RC 206ES Rodent Control

Compressor or equivalent to mitigate burrows by fumigation. Fumigation shall be completed by a qualified contractor or subcontractor with a valid California Structural Pest Control Board License and will be required to register with the County of Santa Cruz Agricultural Department, if they have not already done so. A site survey must be conducted by the bidder and burrow holes flagged prior to work commencing.

Limits of the proposed project shall in general be:

Water side: Upper 20 feet of the water side slope as measured from the edge of paved levee path or to top of rip rap armoring, whichever is less

Land side: From edge of paved levee path to levee toe

2.3. Grouting of burrow holes

Bidder must provide labor, materials, tools, equipment, and transportation required to complete the scope of work of burrow grouting. Following fumigation burrows shall be filled with grout meeting the following requirement: 9 parts cement to 1 part bentonite mixed with water to achieve 8-10 inches slump. Low pressure injection of flowable grout with shutoff valve is required to avoid overfilling burrow holes, and filled holes are backfilled with dirt. Sediment control BMPs are required to hold back spillage https://procurement.opengov.com/portal/santacruzca/projects/158414/document?section=1441545 at lowest elevation of bank. All cement debris must be cleaned and removed. Each mitigation effort will include a submittal detailing the total gallons of grout pumped into each zone (See attachment A)

Limits of the proposed project shall in general be:

Water side: Upper 20 feet of the water side slope as measured from the edge of paved levee path or to top of rip rap armoring, whichever is less

Land side: From edge of paved levee path to levee toe

2.4. Estimated Quantity of Burrow Grout Material

The quantities indicated in this solicitation of 200 cubic yards are approximate and based on past experience and expected future need. Quantities may be increased or decreased depending on actual need during the contract term; and the bidder offers to do the work whether the quantities are increased or decreased at the unit price stated in the bid tabulation. Contractor will be responsible for reporting total cubic yards of grout pumped into each zone (See attachment A).

2.5. 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/158414. 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 3:00 pm on Wednesday, May 21, 2025.

2.6. Pre-Bid Meeting & Site Visit

A mandatory pre-bid meeting is scheduled on the date and time and at the location stated in Timeline in INTRODUCTION Section. The purpose of this meeting is to give Bidders the opportunity to familiarize themselves with the City’s requirements. Clarification and a review of the IFB process will be discussed at the pre-bid meeting. To expedite the sign-in process, the city will accept a company business card containing the attendee’s name and contact information, as a valid sign-in.

The City complies with the Americans with Disabilities Act. If you require reasonable accommodations in order to attend the pre-bid meeting, please call the contact listed in the INTRODUCTION section at least

48 hours prior to the meeting.

2.7. Bid Submittal Due Date and Public Bid Opening

All bids will be submitted via the City’s e-Procurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/158414 before due date. Each bid received before 1:00 pm on Thursday, June 12, 2025 will be publicly opened during a Zoom Meeting as stated in Timeline in INTRODUCTION section. Bids received after the deadline will be deemed non-responsive. If one or more members of the public are present, the name of each bidder and the total amount of each bid will be read aloud at the Bid Opening meeting. Those wishing to attend the meeting should log into Zoom to ensure that they can access the meeting ahead of time. Bidders take full responsibility for City’s receipt of its Bid. The City will not be liable for any expenses incurred by Bidders in responding to this solicitation.

https://procurement.opengov.com/portal/santacruzca/projects/158414 https://procurement.opengov.com/portal/santacruzca/projects/158414 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/santacruzca/projects/158414/document?section=1441540 https://procurement.opengov.com/portal/santacruzca/projects/158414/document?section=1441540 https://procurement.opengov.com/portal/santacruzca/projects/158414 https://procurement.opengov.com/portal/santacruzca/projects/158414/document?section=1441540

2.8. Basis of Award

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

All items included on the Bid Form will be part of the Basis of Award for this solicitation, unless otherwise specified in this solicitation. Supplemental items if identified may also be awarded in the impending contract, however, will not be the basis of award. All bidders are required to complete all lines of the Bid Form. Failure to meet this requirement may be a sufficient reason to declare the bid non-responsive.

2.9. Definitions

In this IFB document:

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

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

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

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

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

3. INSTRUCTIONS FOR BIDDERS

3.1. Questions and Requests for Clarification and Addenda

Questions or concerns regarding any aspect of this IFB 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 via an addendum.

The City may determine it is necessary to revise any part of this IFB. Revisions will be made by written addenda and it is the Bidder's sole responsibility to comply with any addenda to this IFB and acknoeledge addenda via City's e-Procurement Portal. Addenda will be posted on the City’s e-

Procurement Portal, https://procurement.opengov.com/portal/santacruzca/projects/158414, under

Bidding Information.

3.2. Bid Submittal

Sealed bids are due no later than the Date and time specified in Timeline in INTRODUCTION Section. All bids will be submitted via City's e-Procurement Portal before the due date.

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

Failure to comply with all requirements, instructions, and conditions of the invitation for bids and this specification may result in rejection of bid.

3.3. Non-Response to IFB

If the Bidder does not wish to submit a bid, write “no bid at this time” and the Bidder name on the Bid

Sheet and return by the bid due date. Failure to respond to this Invitation for Bids may result in removal of the Bidder from the bid list for the solicited item.

3.4. Responsive Bids

Bids are considered responsive when they:

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

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

C. Include pricing for all items listed.

D. Include all required submittals.

E. Acknowledge all bid addenda.

F. Have signatures on the Bid Sheet.

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

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

3.5. Reservation of Rights

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

The City reserves the right to:

• Postpone, cancel, or issue a subsequent IFB.

• Reject any or all bids.

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

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

• Remedy technical errors in the IFB process.

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

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

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

• Not award a Purchase Order/Contract.

• Award a Purchase Order/Contract to a single Bidder for the entire procurement or to multiple

Bidders by line item, in groups, or phases according to Section PRELIMINARY SCOPE OF WORK.

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

3.6. Bid Sheet Pricing

The Price Schedule can be found in Section BID FORM.

The Bidder shall use Bid Form for the submittal of their Bid Pricing. The Bid price submitted on the Bid

Form shall include the costs for services, systems, or goods listed in Bid Documents. Bid prices shall remain firm and not subject to escalation throughout the term of the contract including extensions.

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

All information provided in the IFB documents is based on past experience and expected future need.

Actual orders may vary during the contract term. The City reserves the right to obtain competitive https://procurement.opengov.com/portal/santacruzca/projects/158414/document?section=1441541 quotes for contract items. If the Bidder is not consistently the low bidder for these items, the City may terminate this agreement.

3.7. References

The bidder shall submit with bid a list of a minimum of three (3) client references that have procured

San Lorenzo River Levee Burrowing Rodent Mitigation Project service from the bidder, for a minimum of

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

3.8. Optional Piggyback Provision

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

3.9. Collusive or Sham Bids

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

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

3.10. Public Record

Bids received will become the property of the City. All bids and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” California Government Code, sections

7920.000 - 7931.000, once the City has awarded the contract resulting from this solicitation.

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

Bidder claims that such information falls within one or more CPRA exemptions, Bidder must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a public request for such information, City will make best efforts to provide notice to Bidder prior to such disclosure. If a Bidder contends that any documents are exempt from the

CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Bidder fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to

Bidder. Bidder further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Bidder.

3.11. 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:

Jenna Wilson, Management Analyst, jwilson@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

1125 River St

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 Notce 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.

3.12. Contrat Implementation

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

• Proof of insurance as specified in this solicitation document.

• Proof of insurance and prevailing wage compliance documentation as specified in this solicitation document.

• Living wage ordinance compliance documentation.

• Documentation of all credentials necessary to legally perform the services 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 Contractor is located in, or performs services within, the city limits for more than 6 days annually.

The finalized contract will be in the form included as Appendix B Sample Agreement herein, and include the IFB documents, the Bidder’s Bid Form.

3.13. Environmental Conservation and Sustainable Living

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

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

Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). In your Bid Form, 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.

3.14. Financial Responsibility

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

4. TERMS AND CONDITIONS

4.1. 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.

4.2. Prevailing Wages and Labor Compliance

Prevailing wages must be paid to all employees working under this contract. This contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations

(DIR). Contractors and subcontractors must register with the DIR in order to submit a bid and be awarded a contract (http://www.dir.ca.gov/dlse/dlsePublicWorks.html). No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the

Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of

Industrial Relations for the duration of the Project.

4.3. Living Wage

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

Cruz Municipal Code Chapter 5.10.

4.4. Agreement (Appendix B)

The successful Proposer will be required to enter into an Agreement in the form of the Agreement attached hereto as Appendix A. The City reserves the right to adjust the terms, including insurance terms provided, based on the type and scope of the project proposed by the Proposer. If a Proposer is unable to accept City’s proposed Agreement terms substantially in the form presented, the Proposer shall include a revised copy of the Agreement with its Proposal. The revised copy must clearly mark any section to which it objects, set forth the Proposer’s proposed alternative terms, and explain the basis for each proposed change. The City reserves all rights to reject any revisions to the Agreement.

If a satisfactory contract cannot be negotiated in a reasonable time, the City in its sole discretion may terminate negotiations.

4.5. Contract Period

The term of the contract will commence upon notification of award and continue for a period of 1 year;

work is conducted biennially with option to renew for years 3 and 5 plus any renewals agreed to by the parties and made in writing.

4.6. 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, http://www.dir.ca.gov/dlse/dlsePublicWorks.html 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.

4.7. 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 RFP, 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.

4.8. Liquidated Damages

The parties agree that in litigation or arbitration resulting from either party’s breach, the amount of loss would be extremely difficult or impracticable to prove. Accordingly, the parties wish to make a commercially reasonable estimate of the damages they would incur in the event of a breach by the other party and to establish that estimate as liquidated damages. In the event of a breach by the seller, the buyer shall recover as liquidated damages and as the buyer’s exclusive remedy for the seller’s breach, the amount of $150 per day for failure to deliver or perform within the specified time limit.

4.9. 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.

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.

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.

5. PRELIMINARY SCOPE OF WORK

5.1. Project Objectives

The Project is intended to implement a biennial burrowing rodent management program on the San Lorenzo

River Levees to negate the damaging impacts of burrowing rodents on the levee system. The goal of this project is to identify active burrows, fumigate and seal burrows with grouting. Each burrow will be marked with a flag and mapped. Each mitigation effort will include a submittal detailing the total cubic yards of grout pumped within each zone.

5.2. Minimum Qualifications

• Proposer shall have a valid California Structural Pest Control License

• Proposer shall be registered/will be required to register with the County of Santa Cruz Agricultural Department and will be responsible for fees associated with registration

• Proposer shall have a valid Class A California Contractor's License - General Engineering

• Firm has no fewer than three years of experience in performing fumigation and grouting

• Present sufficient qualified personnel to carry out the project tasks in an orderly and timely fashion

• Demonstrate experience in conducting work for government institutions

• Demonstrate experience working on levees and/or dams

5.3. Contractor Responsibilities

Standards of Conduct.

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

• Supervision: The Contractor shall always provide adequate and competent supervision during the

Contract term. The Contractor shall be readily available to meet with the City. Contractor shall provide the telephone numbers where its representative(s) can be reached.

• City Premises: Contractor’s employees and agents shall comply with all City rules and regulations while on City premises.

• Removal of Employee: City may request the Contractor immediately remove from assignment to the

City any employee found unfit to perform duties at the City. The Contractor shall comply with all such requests.

• Communication: Contractor shall ensure that onsite employees can communicate in English both verbally and in writing.

Public Access.

• Contractor shall ensure that public access is maintained on the levees during work hours. This may be done with signage, cones and other traffic control devices. Contractor shall consult with the City if the need arises to block or close a pathway or levee access completely, for any length of time.

5.4. Safety Requirements

All work performed under this contract shall be conducted in accordance with the standards customarily adhered to by an experienced and competent provider of the goods and/or services called for under this

Contract using the degree of care and skill ordinarily exercised by reputable providers of such goods and/or services. All work will be performed in a safe manner and shall comply with all safety provisions and regulations. Contractor shall abide by all CAL/OSHA requirements, including the labeling of containers.

Contractors who have ten (10) or more employees shall have an injury/illness program as required by OSHA.

The City reserves the right to issue restraint or cease and desist orders to Contractor when unsafe or harmful.

5.5. Scope of Work

The City is requesting bids for San Lorenzo River Levee Burrowing Rodent Mitigation Project.

Task 1: The firm shall complete a Project Implementation Plan

Task 1 Deliverables: The plan will include specific details on the following:

Fumigation:

• Identification, flagging and mapping of all burrows, including in areas where fumigation is prohibited

• Fumigation method and estimated amount of gas to be used

Grouting:

• The proposed method for measuring and monitoring grout volumes

• Tools, equipment and labor categories/typical crew size for grouting

• Grout control measures such valve shut off, secondary containment and other measures to avoid spillage and waste

• Clean up protocols for inadvertent spills and overpouring at burrow holes

• Typical layout for staging and sequencing operations

• Sediment best management practices for the prevention of spills and plans to clean the area of concrete debris at the conclusion of each zone.

This shall also include the estimated length of time (in days) and daytime start/stop times for project completion. Activities may not start before 8 am and must conclude by 5 pm. It is expected that this project shall be completed within 60 (sixty) days from the Notice to Proceed.

Task 1 Timing: The plan shall be completed, submitted to the City and approved to the City’s satisfaction prior to the commencement of fumigation activities.

Task 2: Implementation of Project Plan

Task 2 Deliverables: Following the levee map, each zone will have burrows identified, flagged and mapped prior to fumigation and grouting by the contractor. Contractor shall keep a record of the amount of grout pumped within each zone and report to City project manager upon completion of each zone. Contractor will use sediment control best management practices to hold back spillage and will clean the area of concrete debris at the end of each day.

Task 2 Timing: All tasks shall be completed to the City’s satisfaction within the number of days estimated in the Project Implementation Plan. Any unforeseen delays will immediately be reported to the City project manager.

Task 3: Project Management, Meetings, and Quality Assurance/ Quality Control (QA/QC)

Task 3 Deliverables: Contractor shall have daily contact with City project manager during the implementation stage of the project via phone, email or in person and provide the following: Location of daily activities, estimated number of burrows identified, fumigated and grouted, amount of grout used if a zone was completed, any obstacles or challenges from the day and planned activity for the following day.

Task 3 Timing: Daily during implementation phase of project.

5.6. Responsibilities of City

The City will be responsible for providing:

A designated City contact (project manager) during the course of the project. Vehicular access to the levees as needed to complete the project. Information regarding past work performed on this project. City staff will coordinate the removal of any trash, debris or encampments that hinder the project goals in each zone. City staff have the right to inspect the active areas at any time during the project implementation.

5.7. Damage

The Vendor will be responsible for any damage to both City property and private property during the performance of this contract. In the event that there is damage to City or private property, the Vendor will immediately report the incident to the City in writing. Any such damage will be repaired or replaced with same by the Vendor at his/her expense and to the satisfaction of the City.

5.8. 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.

6. BID SUBMITTALS

6.1. Bid Form*

By confirming, the proposer is affirming to the following:

The undersigned, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Invitation for Bids for San Lorenzo River Levee

Burrowing Rodent Mitigation Project” at the prices indicated herein.

The bidder, 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 bid.

The bidder declares under penalty of perjury that she/he is authorized to sign this document and bind the business or organization to the terms of this bid.

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

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

☐ Please confirm

*Response required

6.2. 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

6.3. Compliance

Failure to comply with the City’s Terms and Conditions and Insurance Requirements may disqualify your bid.

6.3.1. By confirming, the bidder's company accept the City's Standard Terms and

Conditions.* ☐ Please confirm

*Response required

6.3.2. By confirming, the bidder's company accept the City's Insurance

Requirements.* ☐ Please confirm

*Response required

6.4. General Information

6.4.1. Year Business Established*

*Response required

6.4.2. Number of Employees*

*Response required

6.4.3. Federal Tax ID*

*Response required

6.4.4. References*

List a minimum of three references whom your company has provided similar services. Provide company or agency name, contact name, phone number, and email address for each reference.

*Response required

6.4.5. Emergency Contact Information*

Please include the following information for the Emergency Contact

• Emergency Contact

• Email

• Cell Phone

• Night Phone

*Response required

6.4.6. List all subcontractors to be used. If you will subcontract portions of the work, list all subcontractors below. Include business name, address and phone number and applicable licenses.*

6.4.7. 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, and General Plan goals which define greenhouse gas reduction objectives.

Provide information regarding environmental conservation practices, Green Business certifications, alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

6.4.8. Optional “Piggyback” Contracting*

Indicate whether your business will extend the pricing, terms and conditions of this bid to other government agencies, if you are the successful bidder. Your business would be required to make this contract available to interested agencies for at least six months following the award of this contract.

Interested government agencies may enter into their own contract with the successful Contractor. They may negotiate minor changes in terms and conditions.

Will your business extend the same prices, terms and conditions to other public agencies?

☐ Yes

☐ No

*Response required

6.5. City of Santa Cruz Business Tax Certificate

Contractor will maintain a current City of Santa Cruz business tax certificate if:

A. Contractor is located in the City of Santa Cruz; or

B. Contractor performs physical work in the City of Santa Cruz for 6 or more days annually; or

C. Contractor uses company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, call the Revenue division at 831/420-5070.

6.5.1. Contractor's Sale and/or service contract (Optional)

A copy of any sales and/or service contract that the Contractor will require during the execution of any contract resulting from this solicitation. Any terms that contradict the City’s terms and conditions or contain provisions that are determined not to be in the best interest of the City will disqualify the

Contractor.

6.5.2. Does your company have a City of Santa Cruz Business Tax Certificate?* ☐ Yes

☐ No

*Response required

When equals "Yes"

6.5.3. City of Santa Cruz Business Tax Certificate Number*

*Response required

When equals "Yes"

6.5.4. Expiration Date*

6.6. LOCAL PREFERENCE CERTIFICATION

Local Businesses and Locally Owned Businesses must submit this certification with each bid or proposal in order to receive the 2% and additional 4% preference applied during the evaluation of any competitive process for goods, supplies, equipment, materials, services, or professional services.

Local Businesses

To qualify for the 2% local business preference, a business must meet the following criteria:

6.6.1. Does the business have an office with at least one employee located in the City of Santa Cruz?* ☐ Yes

☐ No

*Response required

When equals "Yes"

6.6.2. Business Address:*

*Response required

6.6.3. Is the business current in the payment of all taxes, charges, assessments, or fees owed to the City of Santa Cruz? * ☐ Yes

☐ No

*Response required

6.6.4. Does the business hold a valid City of Santa Cruz business license?* ☐ Yes

☐ No

*Response required

When equals "Yes"

6.6.5. DBA/license number:*

*Response required

6.6.6. Locally Owned Businesses

To qualify for an additional 4% locally owned business preference, a business must meet the above requirements for a local business and at least 50% of the business’ owners must live in the County of

Santa Cruz.

To qualify for the locally owned business preference, list all of the business’ owners and their county of residence.

• Owner Name, County

6.6.7. By submitting information for Local Preference, I represent that I qualify as a

(check all that apply):* ☐ Local Business

☐ Locally Owned Business

☐ None of the above

*Response required

6.6.8. I understand that by submitting false information or failing to disclose material information in order to qualify for the preference my business will be 1) required to pay the city any difference between the contract amount and what the city’s cost would have been if the contract had been properly awarded, and

2) prohibited from bidding on any city contract or receiving any city contract for a period of three years of the discovery of facts supporting the same.* ☐ Please confirm

*Response required

6.6.9. Acknowledgment of Addenda and Questions and Answers*

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

☐ Please confirm

*Response required

6.7. California Levine Act Statement

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any member of the City Council of the City…