Santa_Cruz_Wharf_Pilings.pdf

Invitation For Bids

No. IFB No. PK-0133

FOR

SANTA CRUZ WHARF PILINGS

Contact: Lindsay Bass, Principal Management Analyst

Email: lbass@santacruzca.gov

RESPONSE DEADLINE: May 28, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Santa Cruz

Santa Cruz Wharf Pilings

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 - City_of_Santa_Cruz_Standard_Terms_and_Conditions

B - Insurance Requirements for Vendors

C - Wharf Pile Yard_delivery

#IFB No. PK-0133 Title: Santa Cruz Wharf Pilings

1. INTRODUCTION

1.1. Summary

The Santa Cruz Wharf is composed of over 4,450 treated Douglas fir pilings driven 21 feet into the ocean floor. The City of Santa Cruz is currently in the planning stages of a wharf construction project that will make permanent repairs to the structure in response to winter storm damage. Construction work is slated to begin in mid-September 2024. This solicitation is to procure 50 quantity of 70-ft polyurea-coated, ACZA treated, coastal Douglas Fir, Marine grade, class A pilings and 10 quantity of 75-ft polyurea-coated, ACZA treated, coastal Douglas Fir, Marine grade, class A pilings.

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.

1.3. Contact Information

Lindsay Bass

Principal Management Analyst

Email: lbass@santacruzca.gov

Phone: (831) 420-5274

Department:

Parks and Recreation

Department Head:

Tony Eillot

Parks and Recreation Director

1.4. Timeline

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 10, 2024 mailto:lbass@santacruzca.gov tel:(831)420-5274

Pre-Bid Meeting (Non-Mandatory) May 16, 2024, 10:00am

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IFB Questions and Clarification Due Date May 21, 2024, 2:00pm

Tentative Response Date to Bidder

Clarification Questions

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Bid Submittal Due Date & Public Bid

Opening

May 28, 2024, 2:00pm

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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:

Santa Cruz Wharf Pilings

IFB No. PK-0133

The City anticipates awarding a contract to a vendor for one year term. 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 the a brief statement of services, as detailed further in Section PRELIMINARY SCOPE OF WORK.

2.2. Estimated Quantity

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

2.3. Contact

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

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

Portal at https://procurement.opengov.com/portal/santacruzca/projects/94042. 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 2:00 pm on Tuesday, May 21, 2024.

2.4. Pre-Bid Meeting & Site Visit

A pre-bid meeting is scheduled for the dates and time listed in Timeline in INTRODUCTION Section via web conference. 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. Attendance at the pre-bid meeting is not mandatory, however, it is strongly encouraged. Access to the pre-bid video meeting is available via the link provided in Timeline in

INTRODUCTION Section.

https://procurement.opengov.com/portal/santacruzca/projects/94042?section=852518 https://procurement.opengov.com/portal/santacruzca/projects/94042?section=852518 https://procurement.opengov.com/portal/santacruzca/projects/94042 https://procurement.opengov.com/portal/santacruzca/projects/94042 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/santacruzca/projects/94042?section=852516

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.

2.5. 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/94042 before due date. Each bid received before 2:00 pm on Tuesday, May 28, 2024 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.

2.6. 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.

The items listed in Table 1 Basis of Award of the Bid Form are the most common items ordered and serviced. Table 1 will be the Basis of Award.

2.7. Basis of Award

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

The items listed in Table 1 Basis of Award of the Bid Form are the most common items ordered and serviced. Table 1 will be the Basis of Award.

Items listed in Table 2 Supplemental Line Items of the Bid Form will also be awarded in the impending contract, however, will not be the basis of award. All bidders are required to quote prices for all bid items in Table 1 and Table 2. Failure to meet this requirement may be sufficient reason to declare the bid non-responsive.

2.8. Definitions

In this IFB document:

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

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

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

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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/94042, 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/94042?section=852518 https://procurement.opengov.com/portal/santacruzca/projects/94042?section=852514 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

Santa Cruz Wharf Pilings 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 Shame 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:

Lindsay Bass, Principal Management Analyst, lbass@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.

Protest letters regarding a formal contract award will be directed to:

City of Santa Cruz

City Clerk Administrator

809 Center Street, Room 9

Santa Cruz, California 95060

Protests will be filed with the City Clerk’s office no later than 5 business days after the written Notice of

Intent to Award is sent by the City. Protest letters will include:

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

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

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

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

• The form of relief requested.

The City Council will hear the protest prior to award of the contract. The protesting party may protest the City’s or successful Proposer’s failure to comply with the requirements of the Purchasing Ordinance or the solicitation documents. The protest must clearly set forth the basis for the protest; grounds not set forth in the written protest will not be considered by the City Council at the protest hearing. The City

Council will sustain a protest if the protesting party demonstrates by clear and convincing evidence that, as specified above, the City would act improperly in awarding the contract. The decision of the City

Council is final.

3.12. Contrat Implementation

Upon award notification and prior to final contract approval, the successful bidder 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 A 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 A)

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 six (6) months 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, genetic information (including family health history and genetic test results), organizational affiliation, http://www.dir.ca.gov/dlse/dlsePublicWorks.html 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.

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

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

5. PRELIMINARY SCOPE OF WORK

5.1. Project Objectives

Safe delivery of 50 quantity 70-ft polyurea-coated, ACZA treated, coastal Douglas Fir, Marine grade, class A pilings and 10 quantity 75-ft polyurea-coated, ACZA treated, coastal Douglas Fir, Marine grade, class A pilings to the Santa Cruz Wharf Yard no later than September 6, 2024.

5.2. Minimum Qualifications

• Vendor has the ability to source and deliver piles within the required period.

• Vendor has all required licenses and certifications related to transport and delivery of piles.

• Vendor is not an Excluded Party with respect to participating in federally-funded projects. Verify at SAM.gov | Search.

• Vendor has a current and valid registration with CA Department of Industrial Relations.

5.3. Contractor Responsibilities

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

B. 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.

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

D. 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.

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

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 Santa Cruz Wharf Pilings.

https://sam.gov/search/?index=ex&page=1&pageSize=25&sort=-relevance&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL

The scope of work includes sourcing and delivery of 50 quantity 70-ft polyurea-coated, ACZA treated, coastal

Douglas Fir, Marine grade, class A pilings and 10 quantity 75-ft polyurea-coated, ACZA treated, coastal

Douglas Fir, Marine grade, class A pilings to the Santa Cruz Wharf Yard. Price is all inclusive, including delivery and tax.

Pilings must meet the following detailed specifications:

A. Piles shall be AZCA-treated Douglas-fir round timber piles conforming to ASTM D25. Treatment shall be for salt water severe borer hazard to a minimum net retention of 2.5 PCF.

B. Piles shall have a diameter of approximately fourteen (14) inches and be of a length of approximately seventy (70) feet or seventy-five (75) feet based on the requested quantities.

C. Polyurea Sealant: The polyurea coating shall be applied uniformly and terminate thirteen feet (13’) from the tip of the pile and five feet (5’) from the butt end of the pile at a minimum. Coating shall be resistant to saltwater, UV exposure, and marine borer infestations. Coating shall form a tough, abrasion resistant membrane that provides a continuous water-proof seal from the mudline to above high tide. Pile coating shall be applied after the pressure treatment process is complete by a facility having prior experience with coating wood with a polymer product. Coating shall be by a single manufacturer. Minimum physical properties after 48 hours shall be:

1. Thickness 150- 250 mil

2. Tensile Strength 2600 psi ASTM-D-638

3. Tear Resistance 450 lbs/in ASTM-D-624

Task 1 - Vendor confirmation of Purchase Order receipt

• Deliverables: Email to City Contact confirming receipt of purchase order.

• Timing: Confirmation received within 7 days after receipt of purchase order.

Task 2 - Vendor confirmation of sufficient stock to fulfill order by August 5, 2024

• Deliverables: Vendor provides written email confirmation to City Contact.

• Timing: Confirmation received no later than August 5, 2024.

Task 3 – Vendor delivery of Wharf pilings to Wharf Yard

• Deliverables: Vendor provides City Contact a delivery receipt for each delivery order.

• Timing: All pilings must be delivered to the Wharf Yard with delivery receipt accepted by City

Contact no later than September 6, 2024.

5.6. Responsibilities of City

A designated City contact will be provided for delivery of pilings and access to the site.

City will be utilizing forklifts for offloading wharf pilings.

5.7. Order Process

After the contract is approved by City Council and executed, the city will issue a purchase order to the selected bidder. No “minimum orders” are permitted. Proposals indicating a minimum order requirement will be rejected.

5.8. Delivery, Inspection, and Acceptance of Goods

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

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

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

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

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

A. Delivery Restrictions at the Santa Cruz Wharf Yard: Delivery will be to the Santa Cruz Wharf Yard, which is behind Depot Park and bidders will be required to coordinate with staff for access to the site.

B. Delivery Acceptance Hours: The Vendor will maintain process for ensuring that deliveries occur during the open hours of 8:00AM-3:00PM. Deliveries will not be left at a facility unless accepted by

City staff.

5.9. Safety Data Sheets (SDS)

The Vendor will furnish SDS forms for every product delivered.

5.10. Damage

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

5.11. Adequate Stock

The Vendor must have adequate stock of polyurea-coated, ACZA treated, coastal Douglas Fir, Marine grade, class A pilings (either on-hand or available within a specified time limit/delivery date) to accommodate City’s needs throughout the length of the contract. Failure to maintain adequate stock may be deemed a breach of contract and may result in termination of the contract.

5.12. Alternative Sources

Vendor will place all orders for item(s) covered in this contract. In the event the Vendor is unable to supply the item(s) when needed, the City reserves the right to order the item(s) from any source offering the lowest price and the required amount. Any such items will be ordered from the Vendor the next time they are required. The City may bill Vendor the difference if the City must pay a higher price for out-of-stock contract item(s).

5.13. Warranty

Vendor warrants that the item(s) provided and/or work performed under this contract comply with all

Project specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects during the warranty period. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after City’s acceptance of item(s) and/or work and shall extend thereafter for a period of 10 years, or as otherwise specified by the manufacturer’s standard warranty, whichever is later.

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

5.14. Vendor’s Employee Conduct

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

5.15. Exclusions

Excluded from this specification are all items purchased separately on other City contracts. The City also reserves the right to bid separately any item or items where it is determined by the Purchasing Manager that a substantial savings in cost will result due to a large quantity purchase, or the commodity is not appropriately classified under this specified contract.

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 Santa Cruz Wharf Pilings” 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. Annual Sales*

*Response required

6.4.4. Federal Tax ID*

*Response required

6.4.5. References*

List a minimum of three references that have purchased similar items from your business. Provide company or agency name, contact name, phone number, and email address for each reference.

*Response required

6.4.6. Piling Specification Submittal*

In order to submit a bid to this solicitation your firm must upload a specification sheet for the requested piling material that is in compliance with this solicitation's scope of work.

*Response required

6.4.7. Confirmation of Delivery Requirements*

In order to submit a bid to this solicitation your firm must confirm that they will be in compliance with the City of Santa Cruz noise ordinance and deliver product in the manner described in this solicitation's scope of work (Delivery hours are between 8:00am-3:00pm).

☐ Please confirm

6.4.8. Emergency Contact Information*

Please include the following information for the Emergency Contact

• Emergency Contact

• Email

• Cell Phone

• Night Phone

*Response required

6.4.9. W-9*

Upload W-9 here.

*Response required

6.4.10. 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.* *Response required

6.4.11. 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.

6.4.12. 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*

*Response required

6.6. EMERGENCY RESOURCE AGREEMENT

In previous disasters, many organizations have responded enthusiastically to the City’s requests for supplies and services needed to protect the health, safety, and property of the Santa Cruz public. The information on this list allows us to quickly locate desperately needed resources.