SANTA_CRUZ_GATEWAY_LANDSCAPE_IMPROVEMENTS_IFB__FINAL9.22.26.pdf

The OFFICE of ECONOMIC DEVELOPMENT

INVITATION FOR BIDS,

SPECIFICATIONS, AND CONTRACT DOCUMENTS

FOR

SANTA CRUZ GATEWAY LANDSCAPE IMPROVEMENTS

Bids Due:

October 23rd , 2026 at 5:00pm

Submit Bid Documents to:

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

Solicitation Contact:

Brian Borguno, Deputy Director, bborguno@santacruzca.gov

Solicitation Number:

IFB No. ED-0330

Bid Opening October 26th, 2026 at 9:00am Pacific Standard Time

Response via OpenGov

Closing time to receive bids will be verified by the on-line clock maintained by https://time.gov/ and through the OpenGov Platform mailto:bborguno@santacruzca.gov https://time.gov/

PROJECT NO. c102707 IFB No. ED-0330

NOTICE INVITING SEALED PROPOSALS OR BIDS

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

IFB No. ED-0330, project # c102707

1. Bid Instructions: The Santa Cruz Economic Development Department is accepting electronic submittals of Bids. Contractors must create a FREE account with the City’s eProcurement portal, OpenGov Procurement, by signing up at https://procurement.opengov.com/portal/santacruzca.

Revisions to this ITB will be issued by Addenda and answers to questions will be posted to OpenGov. Each Respondent is solely responsible for obtaining all Addenda and reading all Questions and Answers prior to submitting its Bid.

Bids may be submitted up to but not later than the Bid due date and time via OpenGov.

OpenGov’s clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City of Santa Cruz strongly recommends submitting Bids well ahead of the deadline.

Contractors take full responsibility for City’s receipt of its Bid.

In no event will the City be liable for any costs incurred by any Respondent or any other party in developing or submitting a Bid.

2. Location of Project: The Project is to be performed at the following location: Ocean street at Plymouth

3. Description of Work: The Project to be performed consists of furnishing all labor, materials, tools, equipment, and transportation required to complete the Project, with a scope of work to generally include, but is not limited to, the following (the “Work”).

The Scope of Work includes, but is not limited to the following: demolition, site and soil preparation, irrigation, planting, concrete work, lighting, low-voltage electrical work, and landscape establishment.

The Work shall be performed in accordance with the Bid Package dated September 22, 2026, including all drawings, specifications, details, addenda, and other Contract Documents. Bids shall include all labor, materials, equipment, permits, coordination, testing, incidental work, and other provisions necessary to provide a complete and fully operational project as indicated in the Contract Documents.

For additional information, please refer to the attached bid documents and specifications or submit questions to the OpenGov portal prior to the stated questions deadline.

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

5. Bidding Documents: The “Bidding Documents” shall include this Notice Inviting Bids, the Bid Form including all attachments included herein, General Conditions, Technical Specifications (including all plans, drawings, and reports), Addenda, draft Agreement, the City’s Standard Specifications (dated 2002), as amended1,and all other documents identified herein.

6. Bidding Timelines.

a. 9/22/2026: Invitation for Bids posted via OpenGov

b. 10/16/2026: Deadline for Prebid Questions by 5pm

c. 10/20/2026: Prebid Question Responses Posted by 5pm

d. 10/23/2026: Bids Due by 5pm

e. 10/26/2026: Bid Opening at 9am via OpenGov

f. 10/30/2026: Anticipated Award/ Contract Execution

g. Nov. 2026: Anticipated Start of Construction

h. Jan. 2027: Estimated Completion of Construction

7. Obtaining the Bidding Documents:

The Santa Cruz Economic Development Department is accepting electronic submittals of Bids. Contractors must create a FREE account with the City’s eProcurement portal, OpenGov Procurement, by signing up at

8. Bidding Documents: may be downloaded, without charge, from the OpenGov website.(“Designated Website”). Paper Bidding Documents may be examined and copies secured from the office of the Economic Development Department, 337 Locust Street, Santa Cruz, CA 95060 upon request.

Prospective bidders are required to register with the Designated Website as a Bidding Documents holder, even if Bidding Documents are obtained from a source other than the Designated Website or City in either electronic or paper format. The Designated Website will be updated periodically with Addenda, reports, and other information relevant to submitting a bid for the Project. All official notifications, Addenda, and other Bidding Documents will be offered only through the Designated Website. Neither City nor any City

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

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

official, employee, or agent will be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the Designated Website or the City.

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

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

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

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

10. Addenda: All submitted Bids shall verify if the City has issued any addenda for this Project. It is the bidder’s sole responsibility to ensure that all addenda requirements are included in the submitted Bid. All addenda shall be posted on the City’s Designated Website.

11. Pre-Bid Conference: There will be no pre-bid conference please submit all questions to OpenGov by the stated question deadline stated above.

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

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

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

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

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

Refer to the DIR website, http://www.dir.ca.gov, to register and to find the correct wage rates and answers to questions related to prevailing wage requirements.

Licenses: Bidders and their proposed subcontractors shall be fully qualified and authorized or permitted under state and local law to perform such work and services. Bidders and their proposed subcontractors shall hold such licenses as may be required to perform the Work. The Contractor is required to ensure that all subcontractors listed in the Bid Form and working on this Project hold valid licenses and certifications suitable for their trade. Bidder is required to provide with its Bid satisfactory proof of licensure to the City.

Bidders bidding as the Prime Contractor shall possess a valid California Contractor’s [B] license at the time of Contract award, and all listed subcontractors shall hold valid licenses suitable for their trade at the time of bid submittal. Failure to possess required licenses shall act as a bar to award of the contract to the bidder.

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

16. Permits: Permits and/or regulatory approvals required by governmental authorities to complete the Project will be obtained by [Contractor] at [City’s] expense.

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

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

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

http://www.dir.ca.gov/

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

or

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

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

19. Good Faith Local Hiring and Apprenticeships: The General Contractor and all Subcontractors must make good faith efforts to hire qualified individuals who are residents of Santa Cruz County as required by SCMC Chapter 3.10, and to employ apprentices who are enrolled and participate in a viable apprenticeship program approved by the California Division of Apprenticeship Standards.

20. Questions: for City. All questions regarding this solicitation are to be submitted in writing via the OpenGov Question and Answers tab. Only questions answered in writing through OpenGov will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions related to this Project prior to the opening of Bids shall be in writing and received prior to the above-stated deadline and shall be submitted via OpenGov.

21. Pursuant to the provisions of California Labor Code Section 6707, each Bid submitted shall contain, as a separate bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb in trenches and open excavation, exceeding five feet, which shall conform to applicable safety orders. Neither this requirement, nor any payment by City for this separate bid item, shall be construed to impose tort liability on City, or its employees or agents, for any injury or damage caused by failure of any excavation or protective equipment or methods.

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

Dated: September 22, 2026 Brian W. Borguno Deputy Director Office of Economic Development 337 Locust Street Santa Cruz, CA 95060

BID FORM

For

IFB No. ED-2026-0330, Project # c102707

TO: The Council of the City of Santa Cruz

BID OF:

Business Address:

Business Telephone:

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

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

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

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

WORK AS SPECIFIED IN THE SPECIAL PROVISIONS WITHIN FORTY FIVE(45)

WORKING DAYS, AND THE PRICES INCLUDE ALL STATE, FEDERAL, AND OTHER

TAXES APPLICABLE TO THE PROJECT.

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

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

The undersigned Bidder has carefully examined the form of the Agreement, the Standard Specifications, the Plans and Special Provisions for the project hereinbefore described and referred to in the “Invitation to Bidders” inviting bids for SANTA CRUZ GATEWAY LANDSCAPE

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

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

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

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

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

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

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

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

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

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

1. Bid Form

2. Basis of Bid

3. Bid Bond (if used as security)

4. List of Subcontractors Form

5. DIR Compliance Affidavit

6. Non-Collusion Declaration

7. Evidence of City Business License

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

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

Dated: Firm Name:

Official Address: Phone:

Email Address:

By: Title:

State Contractor’s License No.:

DIR Registration No.:

Signature of Bidder:

Basis of Bid

Name of Bidder:

Project Name/Number:

All Bid items, including lump sums, unit prices and alternates, must be filled in completely.

ITEM

DESCRIPTION

UNIT

(Lump Sum, Each, Allowance, Etc.)

TOTAL

1. General Conditions LS $ $

2. Traffic Control LS $ $

3. Demo LS $ $

4. Grading LS $ $

5. Trenching LS $ $

6. Soil Preparation LS $ $

7. Planting LS $ $

8. Irrigation LS $ $

9 Landscape Boulders LS $ $

10 Salvaged Tree Log LS $ $

11. Tree Mounted Lighting LS $ $

12. Sculpture Up lighting LS $ $

13. Lighting Wiring, Drivers, & Accessories

LS $ $

14. Sculpture Footings EA $ $

15. Mulch and gravel LS $ $

TOTAL BID

PRICE

Total Bid Price (In Words): ______________________________________________

Bid Bond (If Bond Posted as Security)

KNOW ALL PERSONS BY THESE PRESENT:

THAT WE, , AS PRINCIPAL,

AND , a corporation organized and existing under and by virtue of the laws of the State of and an admitted surety insurer by the California State Department of Insurance, AS SURETY, are held and firmly bound unto the City of Santa Cruz in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Santa Cruz for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Santa Cruz to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of

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

For:

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

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

PRINCIPAL SURETY

__________________________________ (Seal) (Seal)

Signature Signature

Title Title

Address Address (Note: Signatures of those executing for the Principal and Surety must include a Notary Acknowledgement.)

ACKNOWLEDGMENT

State of California ) County of _____________________ )

On before me, , (insert name and title of the officer) personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On before me, , (insert name and title of the officer) personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

List of Subcontractors Form

Project Name/Number: _____________________________

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

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

Subcontractor’s

Legal Name Business

Address and Phone

Number

CSLB

License Number

Public Works

Contractor

DIR

Number

Subcontract Amount and Proportion of Total Bid

Price

Work to Be Performed

(Attach additional sheets, if necessary)

DIR COMPLIANCE AFFIDAVIT

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

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

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

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

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

I, the Bidder, certify that:

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

Signature Date

Print Name Title https://www.dir.ca.gov/Public-Works/PublicWorks.html

Non-Collusion Declaration (Pursuant to Section 7106 of the Public Contract Code)

The undersigned declares:

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

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

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

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

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

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

(Signature)

Title:

Certificate Regarding Lobbying 31 U.S. Code § 1352

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

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

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

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

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

BIDDER:

Name:

Exhibit 12-B: Bidder’s List of Subcontractors (DBE and Non-DBE) Part 1

Form Attached

Exhibit 12-B: Bidder’s List of Subcontractors (DBE and Non-DBE) Part 2

Form Attached

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

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

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

BIDDER

Date:

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

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

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

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

PUBLIC CONTRACT CODE STATEMENTS

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

A. SECTION 10285.1 STATEMENT

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

□ HAS □ HAS NOT

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

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

B. SECTION 10162 QUESTIONNAIRE

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

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

□ YES □ NO

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

C. SECTION 10232 STATEMENT

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

□ HAS □ HAS NOT

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

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

BIDDER:

DEBARMENT AND SUSPENSION CERTIFICATE

Title 49, Code of Federal Regulations, Part 29

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

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past 3 years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

If there are any exceptions to this Certification, state the exceptions, including as to whom it applies, the initiating agency, and dates of action.

Exceptions will not necessarily result in denial of award, but will be considered by City in determining Bidder responsibility.

Note: Providing false information may result in criminal prosecution or administrative sanctions.

The above Certification is part of the Bid. Signing the Bid on the signature portion thereof shall also constitute signature of this Certification.

BIDDER: _____________________________

AGREEMENT

THIS AGREEMENT, made and entered into this ________day of ______________, 20___ (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and _________________________________, hereinafter called “Contractor.” City and Contractor are also referred to individually as a “Party” or collectively, as the “Parties.”

WITNESSETH, that the Parties hereto do mutually agree as follows:

ARTICLE I

That for and in consideration of the covenants and agreements herein contained and the payments at the prices stated in the Bid attached hereto as Exhibit A, and by this reference made a part hereof, the Contractor hereby covenants and agrees to furnish any and all required supervision, labor, equipment, material, services, and transportation, as set forth in the Contract Documents as hereinafter defined, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified, and to complete:

SANTA CRUZ DOWNTOWN LIBRARY TENANT IMPROVEMENTS

(the “Project”) in strict conformity and compliance with the Contract Documents, and to do everything required by this Agreement, and by said Contract Documents as hereinafter defined (the “Work”).

Contractor represents and warrants that Contractor: (i) is fully experienced, properly qualified, and fully licensed to perform the Work provided for herein, (ii) has the financial capability required for the performance of the Work, and (iii) is properly equipped and organized to perform the Work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement. Contractor shall supply all necessary labor, tools, materials, supplies, and equipment to skillfully and competently perform the required Work. The materials and equipment furnished and used shall be new and unused and of the highest commercial quality currently available. The materials and equipment shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the work specifications.

ARTICLE II

It is expressly agreed and understood by each and every party to this Agreement that the following documents are hereby incorporated and made a part of this Agreement (hereinafter the “Contract Documents”):

1. All applicable Laws and Regulations

2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City, in chronological order by effective date of each.

3. This Agreement, including:

a. Exhibit A – Contractor’s Bid, including all attachments

4. Labor and Material Bond (Payment Bond)

5. Performance Bond

6. Insurance Certificates, including Contractor’s Certificate Relating to Worker’s Compensation

7. Good Faith Effort Statement for Local Hire

8. Local Hiring Statement

9. Invitation For Bids for Santa Cruz Gateway Landscape Improvements PROJECT NO.

c102707 including the Project Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance

10. General Conditions

11. Standard Specifications, as hereinafter defined, including the City Specifications and all applicable State Specifications and/or Drawings

12. Santa Cruz Gateway CD Bid Set dated 9.14.2026 and Bid Set Specifications dated 9.14.2026

The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

ARTICLE III

It is expressly agreed and understood by the Contractor that the “Standard Specifications” consists of the following documents on file at the Economic Development Department of the City of Santa Cruz, entitled:

1. City of Santa Cruz Department of Public Works, Department of Parks and Recreation, and Water Department 2002 Standard Specifications (“City Specifications”);

2. Santa Cruz Gateway Landscape Improvement Plans dated 09/14/2026; and

3. Santa Cruz Gateway Landscape Improvements Specifications dated 09/14/2026

Where conflicts arise between the City’s Standard Specifications and this Agreement, the terms of this Agreement shall control and apply.

ARTICLE IV

City will pay Contractor for actual and complete performance of the work and services at the rates and fees set forth in the Bid detailed in Exhibit A, attached to this Agreement. Contractor will not be reimbursed for any costs or expenses at any rates that exceed the amounts set forth in Exhibit A, unless agreed to by the City through a written change order. The total fees for the scope of work shall not exceed the following amount: $ . Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Contractor in the scope of work to complete the Project.

ARTICLE I

Contractor shall commence work within ten (10) days after receipt of a written Notice to Proceed from the City and complete the Work within three hundred (300) working days, based on an agreed upon work schedule. The Agreement shall terminate upon the completion of Contractor’s work, unless terminated sooner pursuant to the terms of this Contract.

ARTICLE II

Contractor shall conform to all laws and regulations of the United States and the State of California, as well as laws of Santa Cruz, as may be applicable to the Project. In addition, the City Council of the City of Santa Cruz endorses the MacBride Principles and the Peace Charter and encourages all companies doing business in Northern Ireland to abide by the MacBride Principles.

ARTICLE VII

The City hereby contracts to pay said Contractor the prices provided for in Exhibit A in the manner, to the extent, and at the times set forth in the Contract Documents. Contractor shall not undertake any work beyond the scope of work set forth in Exhibit A unless such additional work is approved in advance and in writing by City in the form of a change order.

ARTICLE VIII

It is agreed by the parties hereto that the acceptance of the Contractor's performance will be made only by an affirmative action of the City of Santa Cruz City Council in session, evidenced by resolution, and upon the filing by the Contractor of a Release of all Claims of every nature on account of work done under this Agreement, together with an affidavit that all claims have been fully paid.

The acceptance by the Contractor of said final payment shall constitute a waiver of all claims against the City arising out of or in connection with this Agreement.

ARTICLE IX

To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless the City, its officials, officers, and employees from and against any and all claims, demands, actions, damages, or expenses, (including attorney’s fees and costs) arising in any way related to the obligations or performance of this Contract by the Contractor, Contractor’s employees, subcontractors, or agents, except where caused by the sole or active negligence, or willful misconduct of the City. Contractor’s obligation under this Article VII of the Contract to defend shall arise regardless of any claim or assertion that City and its related parties caused or contributed to any claims.

The obligations of the Contractor under this Article IX shall survive expiration or termination of this Contract to the fullest extent permitted by law.

This indemnification clause supersedes any other indemnification clauses contained in any other Contract Documents.

Contractor shall require its subcontractors to agree to the indemnification obligations stated in this Article VII to the same extent and under the same terms and conditions as Contractor is required to defend, indemnify, and hold harmless City, its officials, officers, and employees, as stated herein.

ARTICLE X

Contractor agrees to procure and maintain the insurance coverages and limits, as required by City prior to the commencement of Work, as specified in Exhibit B.

ARTICLE III

Contractor shall be responsible for complying with the provisions of California Public Contract Code Section 7104 regarding trenching and excavations that extend deeper than four (4) feet below the surface. No change order issued pursuant to California Public Contract Code Section 7104 shall provide for any increase in compensation that would exceed the recovery allowed pursuant to the “Claims” section of the General Conditions.

ARTICLE IV

Any notice, approval, consent, waiver or other communication required or permitted to be given or to be served upon either Party in connection with this Agreement shall be in writing. In addition to providing a courtesy notice via email, such notice shall be personally served, or sent by reputable overnight delivery service, such as Federal Express, or sent by priority U.S. mail, and notice shall be deemed given: (a) if personally served, when delivered to the Party to whom such notice is addressed; (b) if sent by reputable overnight delivery service, such as Federal Express, when delivered, (c) if sent by priority U.S. mail, notice shall be deemed delivered on the fifth business day after deposited with the U.S. Postal Service. Such notices shall be addressed to the Party to whom such notice is to be given at the Party’s address set forth below or as such party shall otherwise direct in writing to the other Party delivered or sent in accordance with this Section.

If to City: City of Santa Cruz Attention:

Telephone: (831) _____

Email:

If to Contractor:

Attention: ____________ Address City, State Zip Code Telephone: _______________ Email: ____________________

A Party must provide written notice to the other of any changes to the above information.

ARTICLE XIII

General Terms

1. Contractor’s Records. City shall have the right to access and review records of Contractor and subcontractors related to the work on this Project for at least three years (or longer as otherwise specified) after issuance of final payment under this Agreement. When state or federal funds are involved in the Project’s funding or financing, the state or federal government shall have the same rights of access and examination as the City under this provision.

2. Independent Contractor. Contractor represents that it has or will secure at its own expense all personnel, materials, and related services required to perform the services under this Agreement. Contractor (and its employees, agents, representatives, and subcontractor(s)), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City. Contractor, not the City, shall have exclusive and complete control over its employees and subcontractors, and shall determine the method of performing the services hereunder. City, however, retains the right to require that work performed by Contractor meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof.

3. Compliance with Laws. All activities of Contractor will be carried out in compliance with all applicable federal, state, and local laws and regulations, including applicable ordinances and resolutions. City, and its officials, officers, and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

4. Contractor Not an Agent. Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity pursuant to this Agreement to bind the City to any obligation whatsoever.

5. Conflict of Interest. Contractor agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Contractor acknowledges that it is aware of and agrees to comply with the provisions of the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Contractor will immediately advise the City if Contractor learns of a conflicting financial interest of Contractor’s during the term of this Agreement.

6. Remedies. Either Party shall be entitled to all remedies afforded by law or in equity to enforce their respective rights under this Agreement. No right or remedy in this Agreement are intended to be exclusive of any other right or remedy, but every such right or remedy shall be cumulative and shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law, in equity or in the Agreement.

7. Assignment and Successors. Contractor shall not assign any portion of the work required by this Agreement nor otherwise assign or transfer any interests in it without prior written approval of City, which may be withheld or delayed in City’s sole and absolute discretion.

This Agreement will be binding on the heirs, legal representatives, successors and assigns of the Parties named herein.

8. Amendment. Except as otherwise provided in this Agreement, neither this Agreement nor any provision hereof may be waived, modified, amended, or discharged, or terminated except by an instrument in writing signed by the Parties, and then only to the extent set forth in such writing.

9. Complete Agreement. This Agreement, along with the terms and conditions in the Contract Documents and any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

10. Severability. The unenforceability, invalidity or illegality of any…