SANTA CRUZ RRF ENCLOSED FLARE STATION INSTALLATION PROJECT

PROJECT NO. C402512

NOTICE INVITING SEALED PROPOSALS OR BIDS

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

“SANTA CRUZ RRF ENCLOSED FLARE STATION INSTALLATION PROJECT

(C402512)"

1. Date and Place of Opening Bids. Sealed bids for the construction of the Project will be received at the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060, until Tuesday, March 10, 2026, at 2:00 PM local time in a sealed envelope plainly endorsed with the Project Name and Number, listed above. At that time, the Bids received will be publicly opened and read. Attendees will be required to wear face masks, social distance, and follow any other safety measures currently recommended by the County Public Health Officer. Bids received after the date and time stated above will be rejected as nonresponsive.

2. Location of Project. The Project is to be performed at the following location: 605 Dimeo Ln, Santa Cruz, California 95060.

3. Description of Work. The Project to be performed consists of furnishing all labor, materials, tools, equipment, and transportation required to complete the Project, with a scope of work to generally include, but is not limited to, the following: The installation of a Low Nitrogen Oxide (NOx) flare station at the Santa Cruz Resource Recovery Facility (SCRRF) including an enclosed flare stack, blower skid, air compressor, combustion air blower, control panel, and ancillary piping and equipment (the “Work”). For additional information, please contact the individual listed in Paragraph 17, below.

4. Time for Completion. The Project shall be completed in 90 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 Requirements, Technical Specifications (including all plans, drawings, and reports), Addenda, draft Agreement, the City’s Standard Specifications (dated 2002), as amended1, the State of California’s Department of Transportation Standard Specifications (dated 2018), as amended, and all other documents identified herein.

6. Obtaining the Bidding Documents. Bidding Documents may be downloaded, without charge, from the following designated website: OpenGov.com. Paper Bidding Documents may be examined and copies secured from the office of the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060. Digital copies of bidding documents can also be obtained from Tetra Tech upon request.

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

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

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

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

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

All bidders shall submit with its Bid the included sworn statement of its financial responsibility, technical ability, and experience.

8. 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.

9. Pre-Bid Conference. A mandatory pre-bid conference will be held at the Project address, listed in Section 2, above, on Monday, February 23, 2026, at 10 AM local time. All prospective bidders must sign in on the City-provided sign-in sheet at this conference to be eligible to bid for the Project.

10. 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.

11. 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 proposals 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.

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

12. 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.

13. Federal Monitoring. Section intentionally omitted.

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

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

Bidders bidding as the Prime Contractor shall possess a valid California Contractor’s “Class A” license at the time of bid submittal, and all listed subcontractors shall hold valid licenses suitable for their trade at the time of bid submittal. Failure to possess required licenses at the time of bid submittal may render the bid non-responsive and shall act as a bar to award of the contract to the bidder and shall result in a forfeiture of the bid security.

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

15. Retention. Progress payments are subject to 5% retention withholding until thirty-five (35) calendar days after recording the notice of completion. Pursuant to California Public Contract Code Section 22300, for monies earned by the General Contractor and withheld by the City to ensure the performance of the Contract. The General Contractor, may, at its option, choose to substitute securities meeting the requirements of California Public Contract Code Section

TABLE OF CONTENT

NOTICE INVITING SEALED PROPOSALS OR BIDS

TABLE OF CONTENT

BID FORM

Basis of Bid

Bid Bond

List of Subcontractors Form

DIR COMPLIANCE AFFIDAVIT

Contractor Reference Information

Non-Collusion Declaration

Bidder’s Financial Qualification

Iran Contracting Act Certification

CONTRACTOR QUALIFICATION QUESTIONNAIRE

AGREEMENT

LABOR AND MATERIAL BOND

FAITHFUL PERFORMANCE BOND

MAINTENANCE BOND

Contractor’s Certificate Relating to Worker’s Compensation

GENERAL CONDITIONS

1. Failure to Execute Contract

2. Contractor's Insurance

3. Claims

4. Time of Completion

5. Failure to Complete the Work on Time (Liquidated Damages)

6. Existing Facilities

7. Water Pollution Control Program (WPCP) and/or Storm Water Pollution Prevention Program (SWPPP)

8. Maintenance and Clean-Up

9. State of California Department of Transportation Standard Specifications

10. Notification of Project Commencement

11. Project Schedule

12. Progress and Final Payment

13. Extra Work

14. Local Hiring Compliance Forms

15. Apprentice Hiring Records and Compliance Forms

16. Trenching Requirements

17. Third Party Claims

18. Force Majeure

19. Contractor Not an Agent

20. Conflicts of Interest

21. City Property

22. Equal Employment Opportunity/Non-Discrimination Policies

23. Termination

TECHNICAL SPECIFICATIONS

BID FORM

For

(C402512)"

TO: The Council of the City of Santa Cruz

PROPOSAL OF:

Business Address:

Business Telephone:

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

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

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

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

WORK AS SPECIFIED IN THE SPECIAL PROVISIONS WITHIN 90 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 proposals for the Project 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 proposal is also made after a complete, careful, and independent examination and investigation of the site of the work, local conditions affecting the same, and materials to be encountered.

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

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

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

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

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

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

1. Bid Form

2. Basis of Bid

3. Bid Bond (if used as security)

4. List of Subcontractors Form

5. DIR Compliance Affidavit

6. Contractor Reference Information

7. Non-Collusion Declaration

8. Bidder’s Financial Qualification Form

9. Iran Contracting Act Certification

10. Contractor Qualification Questionnaire

11. Agreement

12. Labor and Material Bond

13. Faithful Performance Bond

14. Maintenance Bond

15. Contractor’s Certificate Relating to Worker’s Compensation

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:

Santa Cruz RRF Enclosed Flare Station Installation Project

Bid Schedule (1/2)

ITEM

NO.

General 1 Mobilization/Demobilization 1 LS

2 Survey (Pre and Post Construction) 1 LS

3 System Startup, Testing, Commissioning, and Troubleshooting 1 LS

Structural - Concrete & Metals

8" Dia. Pipe Support Concrete Foundation - Materials and Installation

1 EA

6' High Chain Link Fence Post Concrete Foundation Footings - Materials and Installation

11 EA

Flare Stack and Combustion Air Blower Concrete Foundation - Materials and Installation

1 EA

Blower Skid and Air Compressor Skid Concrete Foundation - Materials and Installation

1 EA

8" Dia. Pipe Support Anchoring to Pipe Support Concrete Foundation - Materials and Installation

1 EA

8" Dia. Pipe Support Anchoring to Blower Skid and Air Compressor Skid Concrete Foundation - Materials and Installation

1 EA

10" Dia. Pipe Support Anchoring to Blower Skid and Air Compressor Skid Concrete Foundation - Materials and Installation

1 EA

Flare Stack - Unloading from Equipment Manufacturer Truck, Placement, Installation, and Anchoring - Materials and Installation

1 EA

Combustion Air Blower - Unloading from Equipment Manufacturer Truck, Placement, Installation, and Anchoring - Materials and Installation

1 EA

Blower Skid - Unloading from Equipment Manufacturer Truck, Placement, Installation, and Anchoring - Materials and Installation

1 EA

Air Compressor Skid - Unloading from Equipment Manufacturer Truck, Placement, Installation, and Anchoring - Materials and Installation

1 EA

Mechanical/Piping

1" HDPE SDR-9 Air Piping and Fittings, Above Grade - Materials and Installation

100 LF

1" HDPE SDR-9 Air Piping and Fittings, Below Grade - Materials and Installation

140 LF

3/8" SST Air Pipe Tubing and Fittings, Above Grade - Installation Only

1 LS

4" x 2" HDPE SDR-11 Dual Contained Condensate Pipe and Fittings, Above Grade - Materials and Installation

80 LF

4" x 2" HDPE SDR-11 Dual Contained Condensate Pipe and Fittings, Below Grade - Materials and Installation

120 LF

1/2" Sch. 40 B.I. Propane Pipe and Fittings with PVC Wrap (Above Grade) and Two (2) 10-gallon Propane Tanks (Installed on Skid Mounted Racks provided by Flare Manufacturer) - Materials and Installation

1 LS

10" HDPE SDR-17 Pipe and Fittings, Installed Above Grade with Soil Mounding for Pipe Stabilization - Materials and Installation

220 LF

10" Manual Butterfly Valve Assembly, Above Grade - Materials and Installation

1 EA

10" J-1W Wide Arch Expansion Joint Installed via Flange Connection, Above Grade - Materials and Installation

1 EA

8" SS Sch. 10 Pipe and Fittings from Blower Skid Outlet to Flare Inlet, Above Grade - Installation Only

1 LS

25 8" Pneumatic Fail Close Valve (FV-301) - Installation Only 1 EA

DESCRIPTION OF WORK QTY UNIT UNIT PRICE TOTAL COST

11-1

Santa Cruz RRF Enclosed Flare Station Installation Project

Bid Schedule (2/2)

26 8" Automated Flow Control Valve (FCV-304) - Installation Only 1 EA

27 Flame Arrestor (TSE-301) - Installation Only 1 EA

28 Flow Meter (FT-301) - Installation Only 1 EA

29 Control Panel (CP-1) - Installation Only 1 EA

30 Removal of Existing Blower 1 LS

31 Miscellaneous Fittings and Materials - Materials and Installation 1 LS

Electrical

Equipment Grounding (Flare, Combustion Air Blower, Blower Skid, Air Compressor, and Control Panel) - Materials and Installation

1 LS

33 Electrical Conduits and Wiring - Materials and Installation 1 LS

Earthwork - Site Work / Landscape 34 Site Grading and Overexcavation 1 LS

4” Asphalt Concrete (AC) Paving Over 8” Crushed Miscellaneous Base (CMB) with Thickened Edge - Materials and Installation

500 SF

36 Clearing, Grubbing, and Demolition 1 LS

37 Gravel Cover Over Geotextile Weed Mat - Materials and Installation 1,020 SF

Concrete Landscape Wall and Wall Footing - Materials and Installation (REVOCABLE ITEM)

1 LS

6' High Chain Link Fence and Manual Double Swing Gate - Materials and Installation

1 LS

Removal and Relocation of Existing Corrugated HDPE Storm Drain, Below Grade - Installation Only

1 LS

41 Grated Line Drain - Materials and Installation 20 LF

Subtotal

10% Contingency

Grand Total

(Grand Total Price in Words)

The contingency is reserved for unforeseen project tasks. No payment will be made to the Contractor for any portion of the contingency unless a contract change order is approved by the

City.

11-2

Bid Bond (If Bond Posted as Security)

KNOW ALL PERSONS BY THESE PRESENT:

THAT WE, , AS PRINCIPAL,

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

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

For:

(C402512)”

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

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

PRINCIPAL SURETY

__________________________________ (Seal) (Seal)

Signature Signature

Title Title

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

List of Subcontractors Form

Name of Bidder:

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

Project Name/Number:

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

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

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

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

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

I, the Bidder, certify that:

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

Signature Date

Print Name Title

Contractor Reference Information

Project Name/Number:

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

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

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

1. Name, Address, Phone No:

Project Description:

Date Completed:

2. Name, Address, Phone No:

3. Name, Address, Phone No:

4. Name, Address, Phone No:

5. Name, Address, Phone No:

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

The undersigned declares:

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

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

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

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

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

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

(Signature)

Bidder’s Financial Qualification

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

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

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

Company:

Address:

Company:

Address:

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

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

BIDDER

Name:

Title:

Iran Contracting Act Certification California Public Contract Code §§ 2202 – 2208

(If Bid For More than $1,000,000)

Bidders are ineligible to bid on or submit a bid for any contract with a public entity for goods or services of one million dollars ($1,000,000) or more if the Bidder engages in investment activities in Iran (Public Contract Code § 2204). For bids $1,000,000 or more, Bidders must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contracting Act Certification attached and submitted with their Bid. Failure to do so may deem the Bid nonresponsive. To submit a bid for this Project, please check one of the two options and complete the declaration, below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination, and a three-year ineligibility to bid on contracts. (Public Contract Code § 2205).

□ Option 1: Certification

I, the official named below, certify that I am duly authorized to execute this certification on behalf of the vendor listed below, and the vendor identified below is not on the current list of persons engaged in investment activities in Iran created by the Department of General Services (DGS) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor or person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

□ Option 2: Exemption

Pursuant to PCC Sections 2203(c) and (d), a public entity may permit a vendor engaged in investment activities in Iran, on a case-by-case basis, to be eligible for or to bid on, submit a proposal for, or enter into or renew a contract for goods and services. Vendor has obtained an exemption from the certification requirement under the Iran Contracting Act and attaches documentation herein demonstrating the exemption approval.

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

BIDDER

CONTRACTOR QUALIFICATION QUESTIONNAIRE

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

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

1. State the full legal name of the Bidder.

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

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

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

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

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

7. State the date Bidder first began business.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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;”

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 proposal attached hereto, 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 build, construct, reconstruct, pave or repave and complete improvements for:

(C402512)”

(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”).

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 Proposal, including all attachments

4. Labor and Material Bond (Payment Bond)

5. Faithful Performance Bond

6. Maintenance Bond

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

8. Invitation For Bids for the SANTA CRUZ RRF ENCLOSED FLARE STATION

INSTALLATION PROJECT (C402512), including the Project Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance

9. General Conditions

10. Standard Specifications, including the City Specifications and all applicable State Specifications and/or Drawings

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 documents on file at the Public Works 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. Standard Specifications of the State of California, Department of Transportation, dated 2024 (“State Specifications”); and

3. State of California /Caltrans: California Manual on Uniform Traffic Control Devices (CA MUTCD) (2014 Revision 9).

Where conflicts arise between the City’s Standard Specifications and the State Specifications, the City’s Standard Specifications shall control and apply.

ARTICLE IV

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 V

The City hereby contracts to pay said Contractor the prices provided for in the Bid Proposal in the manner, to the extent, and at the times set forth in the Contract Documents.

ARTICLE VI

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 VII

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and its respective officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands, liabilities, losses, damages, expenses, including attorneys’ fees and costs of litigation (collectively, “Losses”), arising from personal or bodily injuries, death, property damage, or otherwise in any way related to, connected with, or resulting from the obligations or performance of the Work under this Agreement by Contractor, subcontractors, and their respective officers, directors, employees, agents, or other third parties directly or indirectly employed by or under the authority or control of Contractor or subcontractors. This provision shall not be deemed to require the Contractor to indemnify or hold harmless an Indemnitee for any Loss proximately caused by the sole or active negligence or willful misconduct of the Indemnitee, as determined by a court or other adjudicatory body of competent jurisdiction.

Contractor acknowledges and agrees that Contractor’s obligation to defend the City and the other Indemnitees arises at the time such Losses is tendered to Contractor by the Indemnitees and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction. This provision shall survive the termination of the Agreement or the completion of the Work.

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

ARTICLE VIII

Article intentionally omitted.

ARTICLE IX

General Terms

1. 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.

2. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.

3. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.

4. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.

5. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

6. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

7. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.

Signature Page to Follow

IN WITNESS WHEREOF, this Agreement is executed by the City Manager of the City of Santa Cruz, under and pursuant to a resolution of the City Council authorizing such execution, and the Contractor has affixed his/her signature hereto the day and year first hereinabove written.

Approved as to Form by:

Date:

City Attorney

For (Contractor’s Name):

Signature: Date:

(Name, Title)

(Name, Title)

For CITY OF SANTA CRUZ, a municipal corporation

Date:

Matt Huffaker, City Manager

LABOR AND MATERIAL BOND

WHEREAS, as the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), has awarded to hereinafter designated as the “Principal”, a contract for constructing the work or improvement described in the contract documents entitled: Santa Cruz RRF Enclosed Flare Station Installation Project (C402512), adopted by the City Council of the City on October 28, 2025 and

WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and

WHEREAS, the said Principal is about to enter into the annexed contract with the City to complete the work or improvement referred to above for the City, all as more particularly and in detail shown upon the Contract Documents filed in the Office of the City Clerk of the City:

NOW, THEREFORE, we, the Principal, and , a corporation organized and existing under and by virtue of the laws of the State of as “Surety”, are held and firmly bound unto the City of Santa Cruz in the sum of dollars ($ ), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City of Santa Cruz, for payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, administrators, executors, successors and assign jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, vendor supplies, or equipment as provided in the contract documents, upon, for, or about the performance of the work contracted to be done, or for any work or waiver thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or fails to pay any of the persons authorized under Civil Code Section 9100 to assert a claim against a payment bond, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal or his/her subcontractor pursuant to Section 18806 of the Revenue and Taxation Code, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the principal and all subcontractors with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, will pay, in addition to the face amount hereof, a reasonable attorney's fee, to be fixed by the Court.

The condition of this obligation is such that its terms inure to the benefit of any of the persons and entities authorized in Civil Code Section 9100 to assert a claim against a payment bond so as to give a right of action to such persons or entities or their assigns in any suit brought upon or action to enforce liability on the bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder shall in any manner affect its obligation upon this bond, and it does hereby explicitly waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.

IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this day of , 20_____, and duly signed by its undersigned representative, pursuant to the authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

SURETY:

Firm name:

Printed name:

I hereby approve the form of the within bond.

City Attorney Date

FAITHFUL PERFORMANCE BOND

WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), and hereinafter…