Specifications_-_Bay_Drive_Bike_and_Ped_Path_-_Final.pdf

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page ii

TABLE OF CONTENTS

NOTICE INVITING SEALED PROPOSALS OR BIDS

SECTION 1 ‐ DEFINITIONS AND TERMS

SECTION 2 ‐ PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 GENERAL

2.02 OBTAINING PLANS AND SPECIFICATIONS

2.03 CONTENTS OF PROPOSAL FORMS

2.04 ESTIMATED QUANTITIES

2.05 EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK

2.06 PROPOSAL FORM

2.07 QUERIES ON BIDDING

2.08 REJECTION OF PROPOSALS

2.09 PROPOSAL GUARANTEE

2.10 WITHDRAWAL OF PROPOSALS

2.11 PUBLIC OPENING OF PROPOSALS

2.12 JOINT PROPOSALS

2.13 DISQUALIFICATION OF BIDDERS

2.14 BID RIGGING

2.15 ADDENDUM

2.15 LIST OF SUBCONTRACTORS

2.16 COMPETENCY OF BIDDER

2.17 RELIEF OF BIDDERS

2.18 PUBLIC BID REQUIREMENTS

2.19 PROPOSAL FORM

2.20 BASIS OF BID

2.21 LIST OF SUBCONTRACTORS

2.22 CONTRACTOR REFERENCE INFORMATION

2.23 DIR COMPLIANCE AFFIDAVIT

2.24 NON‐COLLUSION DECLARATION

2.25 BIDDER’S FINANCIAL QUALIFICATION

2.26 BIDDERS BOND

2.27 AGREEMENT

2.28 FAITHFUL PERFORMANCE BOND

2.29 LABOR AND MATERIAL BOND

2.30 WORKER’S COMPENSATION ACKNOWLEDGMENT CERTIFICATE

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2.31 CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE FOR THE CITY OF SANTA CRUZ

2.32 CERTIFICATE OF STATE CONTRACTOR’S LICENSE

2.33 CONTRACTOR LICENSE INFORMATION

SECTION 3 – AWARD AND EXECUTION OF CONTRACT

3.01 GENERAL

3.02 CONSIDERATION OF PROPOSALS

3.03 AWARD OF CONTRACT

3.04 RETURN OF PROPOSAL GUARANTEES

3.05 CONTRACT BONDS

3.06 EXECUTION OF CONTRACT

3.07 FAILURE TO EXECUTE CONTRACT

SECTION 4 – BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES

4.01 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES

4.02 PRE‐CONSTRUCTION CONFERENCE

4.03 ARCHAELOGICAL DISCOVERIES

SECTION 5 – GENERAL CONDITIONS

5.01 WORK TO BE DONE

5.02 MAINTENANCE AND CLEAN‐UP

5.03 CHANGES

5.031 DIFFERING SITE CONDITIONS

5.04 PROTESTS

5.05 CONTRACTOR’S INSURANCE

5.051 CERTIFICATE REQUIREMENTS

5.052 MINIMUM SCOPE AND LIMITS OF INSURANCE

5.053 OTHER INSURANCE PROVISIONS

5.054 SUBCONTRACTORS

5.055 SPECIAL RISK/CIRCUMSTANCES

5.06 AUTHORITY OF ENGINEER

5.07 CONFORMITY WITH DRAWINGS AND ALLOWABLE DEVIATIONS

5.08 SUPERINTENDENCE

5.09 LAYOUT OF WORK AND SURVEYS

5.10 INSPECTION

5.11 TESTING BY CONTRACTOR

5.12 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORKS

5.13 CONSTRUCTION EQUIPMENT AND PLANT

5.14 USE OF COMPLETED PORTIONS

5.15 LEGAL ADDRESS OF THE CONTRACTOR

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5.16 FINAL INSPECTION

5.17 ACCEPTANCE OF CONTRACT

5.18 COORDINATION OF SPECIFICATIONS & DRAWINGS

5.19 INTERPRETATION OF SPECIFCATIONS & DRAWINGS

5.20 STATE SPECIFICATIONS

5.21 REASONABLENESS OF INTERPRETATIONS

5.22 LAWS TO BE OBSERVED

5.23 LABOR NONDISCRIMINATION

5.24 PREVAILING WAGES

5.25 HOURS OF LABOR

5.26 APPRENTICES

5.27 PERMITS AND LICENSES

5.28 PATENTS & COPYRIGHTS

5.29 SANITARY FACILITIES

5.30 PUBLIC SAFETY

5.31 ACCIDENT PREVENTION

5.32 EXPLOSIVES

5.33 FIRES

5.34 INTERFERENCE WITH FIRE HYDRANTS, HIGHWAYS, AND FENCES

5.35 PRESERVATION OF PROPERTY

5.36 PUBLIC CONVENIENCE

5.37 CONTRACTOR’S RESPONSIBILITY FOR WORK

5.38 RESPONSIBILITY FOR DAMAGES

5.39 PAYMENT OF TAXES

5.40 PROPERTY RIGHTS IN MATERIALS

5.41 RIGHTS IN LAND & IMPROVEMENTS

5.42 TITLE TO MATERIALS FOUND ON THE WORK

5.43 PERSONAL LIABILITY

5.44 TRESPASS

5.45 SUBCONTRACTING

5.46 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS

5.47 PROTECTION OF PUBLIC UTILITIES

5.48 PUBLICATIONS

5.49 LANDS & RIGHTS‐OF‐WAY

5.50 ASSIGNMENT

5.51 COMMENCEMENT OF WORK

5.52 WORK PROGRESS SCHEDULE

5.53 TEMPORARY SUSPENSION OF WORK

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5.54 TEMPORARY SUSPENSION OF WORK FOR THE CONVENIENCE & BENEFIT OF THE CITY

5.55 SUSPENSION OF WORK BECAUSE OF CONDITIONS BEYOND CONTROL OF CITY OR CONTRACTOR

5.56 TERMINATION OF UNSATISFACTORY SUBCONTRACTS

5.57 CHARACTER OF WORKERS

5.58 TERMINATION OF CONTRACT

5.59 RIGHT‐OF‐WAY DELAYS

5.60 CONTRACTOR’S COST DATA

5.61 COORDINATION WITH UTILITIES

5.62 RESPONSIBILITY FOR ACCURACY

5.63 TEMPORARY FACILITIES & SERVICES

5.64 UNFAVORABLE WEATHER & OTHER CONDITIONS

5.65 WEEKEND, HOLIDAY, AND NIGHT WORK

5.66 WORK TO BE DONE WITHOUT DIRECT PAYMENT

5.67 MEASUREMENT OF QUANTITIES

5.68 CHANGE ORDERS

5.69 FORCE ACCOUNT WORK

5.70 DEDUCTIONS FROM PAYMENTS

5.71 PARTIAL PAYMENT

5.72 FINAL PAYMENT

5.73 SCOPE OF PAYMENT

5.74 GUARANTEE

5.75 TEMPORARY CONSTRUCTION EASEMENT

5.76 BUY AMERICA REQUIREMENTS

SECTION 6 – BLANK

SECTION 7 – BLANK

SECTION 8 – CONTROL OF MATERIALS AND INSTALLED EQUIPMENT

8.01 QUALITY ASSURANCE PROGRAM (QAP)

8.02 FURNISHING AND QUALITY OF MATERIALS AND EQUIPMENT

8.03 SOURCE OF MATERIAL AND EQUIPMENT

8.04 STORAGE OF MATERIALS AND EQUIPMENT

8.05 DEFECTIVE MATERIALS

8.06 TRADE NAMES AND ALTERNATIVES

8.07 TESTING MATERIALS

8.071 FREQUENCY

8.072 CERTIFICATES OF COMPLIANCE

8.08 PLANT INSPECTION

SECTION 9 – DESCRIPTION OF WORK

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9.01 WORK TO BE PERFORMED

SECTION 10 – TECHNICAL SPECIAL PROVISIONS

10.01 MOBILIZATION

10.02 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS

10.03 CONTROL OF WORK

10.04 EXISTING HIGHWAY FACILITIES

10.05 WATER POLLUTION CONTROL

10.06 BEST MANAGEMENT PRACTICE

10.07 DUST CONTROL

10.08 CONSTRUCTION SURVEYING BY THE CONTRACTOR

10.09 CLEARING AND GRUBBING

10.10 EARTHWORK

10.11 AGGREGATE BASE

10.12 ASPHALT CONCRETE

10.13 MISCELLANEOUS CONCRETE

10.14 REINFORCEMENT

10.15 COLD PLANING (MILLING) ASPHALT CONCRETE

10.16 ROADWAY SIGNS AND POSTS

10.17 MARKINGS AND COATINGS

10.18 CAST‐IN‐PLACE/SURFACE APPLIED DETECTABLE WARNING SURFACE TILES

10.19 TRAFFIC CONTROL DEVICES

10.20 UTILITY BOX ADJUSTMENT

10.21 SIGNALS AND ELECTRICAL SYSTEMS

10.22 STORM DRAIN INLET

Attachment – Community Traffic Safety Coalition, Recommended Guidelines to Protect the Safety of

Bicycle, Pedestrians and Disabled Travelers during Road Construction

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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”:

"BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT"

CITY PROJECT NO. c402304

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 September 7, 2023 at 2:00 pm Pacific Standard 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 abo v e w i l l b e r e j e c t e d a s nonresponsive.

2. Location of Project. The Project is to be performed at Bay Drive (between Escalona Drive and Nobel Drive).

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: Installing concrete curbs, gutters, sidewalk, curb ramps, storm drain inlets, roadway signs, striping and pavement markings. All other work not mentioned above that is required by the plans, City Standard Specifications, State Standard Specifications and the Special Provisions shall be performed, placed, constructed or installed. (the “Work”). For additional information, please contact the individual listed in Paragraph 17, below.

4. Time for Completion. The Project shall be completed within 25 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.

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

https://www.cityofsantacruz.com/home/showpublisheddocument?id=2467.

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6. Obtaining the Bidding Documents. Bidding Documents may be downloaded, without charge, from: http://www.cityofsantacruz.com/business/bidding-information . 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, for a nonrefundable fee of $30.00.

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. 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.

10. 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

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 3 by the City Attorney), insurance certificates, and all other documents as required by the Bidding Documents.

11. 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.

12. Buy America. This project is subject to the "Buy America" provisions of the Surface Transportation Assistance Act of 1982 as amended by the Intermodal Surface Transportation Efficiency Act of 1991 and as further amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21) of 2012.

13. 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.

14. 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 22300, or have the retained, earned monies deposited in an escrow account at a federal or state-chartered bank.

15. Business License. All Contractors and subcontractors working in the City must have a valid

City of Santa Cruz business license at the time the contract is awarded, pursuant to Santa Cruz Municipal Code (SCMC) Chapter 5.04.

16. Questions for City. All questions relative to this Project prior to the opening of Bids shall be in writing and received a minimum of five (5) working days prior to the above-stated Bid opening date and shall be directed to:

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SECTION 1 - DEFINITIONS AND TERMS

Whenever in these specifications and other contract documents, the following abbreviations and terms or pronouns in place of them are used the intent and meaning shall be interpreted as follows:

ABBREVIATIONS

AASHTO American Association of State Highway and Transportation Officials AAN American Association of Nurserymen ACI American Concrete Institute AGMA American Gear Manufacturers Association AIEE American Institute of Electrical Engineers AISI American Iron and Steel Institute AISC American Institute of Steel Construction ANSI American National Standards Institute AREA American Railway Engineering Association ASA American Standards Association (United States of America Standards

Instruction) ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating and Air Conditions

Engineers ASME American Society of Mechanical Engineers ASTM American Society of Testing Materials AWS American Welding Society AWPA American Wood-Preservers’ Association AWWA American Water Works Association FS Federal Specification IEEE Institute of Electrical and Electronic Engineers NBFU National Board of Fire Underwriters NEMA National Electrical Manufacturers Association SAE Society of Automotive Engineers SSPWC Standard Specifications for Public Works Construction UL Underwriters Laboratories

All references to the specifications, standards, or other publications of any of the above are understood to refer to the current issue as revised or amended at the date of receipt of bids.

Acceptance - The formal written acceptance by the City Council of the Contract which has been completed in all respects in accordance with the Drawings and Specifications and any modifications thereof previously approved.

Addendum - A change in the Specifications or Drawings issued prior to the opening of Proposals.

Approved, Directed, Ordered, or Required - Whenever these words or their derivatives are used, it is the intent, unless otherwise clearly stated, that approval or direction by the Engineer is indicated.

Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

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Council, City Council - The City Council of the City of Santa Cruz.

Contract - The written agreement covering the performance of the work and the furnishing of labor, materials, tools, and equipment in the construction of the work. The Contract shall include the Notice of Contractors, Proposal, Drawings, Specification, Addenda, and Contract Bonds; also, any and all written supplemental agreements amending or extending the work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the Contract and include Contract change orders.

Contractor - The person or persons, firm, partnership, corporation, or combination thereof, private or municipal, who have entered into a contract with the City.

Days - Working days, unless otherwise designated.

City - the City of Santa Cruz.

Director - The Director of Public Works of the City of Santa Cruz.

Drawings - The official drawings, working drawings, detail drawings, and supplemental drawings, or reproductions thereof, which show the location, character, dimensions, and details of the work to be done, and which are to be considered as part of the Contract.

Engineer - The City Engineer acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

Liquidated Damages - The amount prescribed in the Specifications, pursuant to the authority of government code Section 14376, to be paid to the City or to be deducted from any payments due or to become due the Contractor for each day’s delay in completing the whole or any specified portions of the work beyond the time allowed in the Specifications.

Plans, Construction Plans - The drawings which are part of the Contract.

Proposal - The offer of the Bidder for the work when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.

Subcontractor - The person or persons, firm, partnership, corporation, or combination thereof, private or municipal who will perform work for the Contractor.

Work - All the work specified, indicated, shown, or contemplated in the Contract to construct the improvements, including all alterations, amendments, or extensions thereto made by supplemental agreements or written orders of the Director.

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State Standard Specifications - Wherever in these Specifications reference is made to the “State Standard Specifications,” reference shall be to specifications entitled “State of California, Department of Transportation, Standard Specifications,” 2018 edition, and which are incorporated herein and made a part hereof by reference. Where the terms “State” or the “Engineer” are used in the State Standard Specifications, they shall be considered as meaning the “City” or “Director” as defined hereinabove.

Technical Specifications - The technical specifications are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Specifications.

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SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 GENERAL

The bidder's attention is directed to the provisions in Section 2, “Bidding,” of the State Standard Specifications and these Special Provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.

The Bidder's Bond form mentioned in the last paragraph in Section 2-1.34, “Bidder’s Security,” of the State Standard Specifications will be found following the signature page of the Proposal.

In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit.

The contractor, sub recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contracts.

2.02 OBTAINING PLANS AND SPECIFICATIONS

City Standard Specifications and Plans may be obtained at the office of the City Engineer, City Hall Annex, 809 Center Street, Room 201, Santa Cruz, California 95060 for $30.00 non-refundable fee.

These documents may also be accessed and downloaded electronically for no-fee from the City of Santa Cruz website, http://www.cityofsantacruz.com/business/bidding-information.

2.03 CONTENTS OF PROPOSAL FORMS

Prospective bidders will be furnished proposal forms which describe the contemplated construction and, where appropriate, show the approximate estimate of the quantities of the various kinds of work to be performed or materials to be furnished, with a schedule of items for which bid prices are asked.

The unit prices or lump sum amounts bid shall include full compensation for furnishing all labor, materials, tools, and equipment and doing all work complete in place as shown on the Drawings or stipulated in the Specifications for that particular item of work.

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2.04 ESTIMATED QUANTITIES

The quantities given in the Proposal are approximate only, being given as a basis for the comparison of Proposals, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Director. No allowance will be made for anticipated profit on work that is deleted or decreased.

2.05 EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK

The Bidder shall examine carefully the site of the work contemplated and the Proposal, Drawings, and Specifications therefor. The submission of a Proposal will be conclusive evidence that the bidder has investigated and is fully aware of the conditions and difficulties to be encountered, of the character, quality, and quantities or work to be performed and materials to be furnished, and of the requirements of the Proposal, Drawings, and Specifications; as to the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of material, availability of labor, water, electric power, roads, and uncertainties of weather, or similar physical conditions at the site; and the conformation and condition of the ground, the character and quality and quantity of surface and subsurface materials, including groundwater, to be encountered; the character of equipment and facilities needed preliminary to and during the prosecution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. Any failure by the Contractor to acquaint himself/herself with all the available information concerning these conditions will not relieve him/her from responsibility for estimating properly the difficulty or cost of successfully performing the work.

If there is any doubt as to the true meaning of any part of the Plans, Specifications, or the Contract documents, or if discrepancies in or omissions from the Drawings or Specifications are found, a request should be made to the Director for an interpretation or correction thereof, which will be given in the form of addenda to all bidders, if time permits. Otherwise, in figuring the work, bidders shall consider that any discrepancies or conflict between Drawings and Specifications shall be governed by Section 5.23 of these Specifications.

No payment shall subsequently be made to the Contractor because of error on his/her part or of negligence or failure to acquaint himself/herself with the existing conditions, limitations, or features of the site or requirements of the Contract documents; or by reason of any estimate, tests, or representations of any officer, employee, or agent of the City.

Where investigation of subsurface conditions has been made by the City in respect to foundation or other design, bidders may inspect the records of the City as to such investigation, including examination of samples and drill cores, if any. When logs of test boring showing a record of the data obtained by the City’s investigation of subsurface conditions are made available, said logs represent only the opinion of the City as to the character of materials encountered by it in its test borings and are made available only for the convenience of bidders.

Investigations of subsurface conditions are made for the purpose of design, and the City assumes no responsibility whatever in respect to the sufficiency of test borings or accuracy of the log of test borings, or other preliminary investigations, or of the interpretation thereof. There is no guarantee

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 10 expressed or implied that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unforeseen developments may not occur.

Making such information available to bidders is not to be construed in any way as a waiver of the provisions of the first paragraph of this Section and bidders must satisfy themselves through their own investigations as to conditions to be encountered.

No information derived from such inspection of records of preliminary investigation made by the City, or from the Director, or from his/her assistants, or from the maps, Specifications, profiles, or Drawings will in any way relieve the Contractor from any risk or from properly fulfilling all the terms of the Contract. Records of such preliminary investigations as may have been made by the City may be inspected at the office of the Director, City Hall, Santa Cruz, California, 95060, or at such other locations as may be stated in the Notice to Contractors.

2.06 PROPOSAL FORM

The Proposal form furnished by the City, when filled out by the bidder and executed, shall be submitted as his/her Proposal. All Proposals should give the prices proposed, both in writing and in figures in the respective spaces provided, and shall be signed by the bidder, who should fill out all blanks in the Proposal form as therein required. In the event of a discrepancy between writing and figures, the writing shall prevail over the figures.

A copy of each addendum to the Specifications or Drawings shall be attached securely to the Specifications containing the Proposal (refer to Section 2.15).

2.07 QUERIES ON BIDDING

Questions regarding the Specifications, Drawings, or any other portion of the Contract or any addenda thereto shall be directed to the City Engineer, care of Dan Cabreros, Assistant Engineer, at City Hall, 809 Center Street, Room 201, Santa Cruz, California, 95060, in writing. An e-mail to dcabreros@cityofsantacruz.com is acceptable. All efforts will be made by the City to answer questions received, and all answers will be distributed to all bidders electronically. No interpretation of the meaning of the Specifications, Drawings, or other pre-bid documents will be made to any bidder orally. All questions shall be submitted no less than five (5) business days prior to the bid opening date.

2.08 REJECTION OF PROPOSALS

Proposals may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. Proposals in which the prices, in the opinion of the City, are unbalanced, may be rejected.

When Proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a written authorization or Power of Attorney should be on file with the City prior to opening Proposals or submitted with the Proposal;

otherwise, the Proposal may be rejected as irregular and unauthorized.

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2.09 PROPOSAL GUARANTEE

All Proposals shall be presented under sealed cover and accompanied by one of the following forms of bidder’s security: cash, a cashier’s check, certified check, or a bidder’s bond executed by an admitted surety, made payable to the City of Santa Cruz. The security shall be in an amount equal to at least 10 percent of the total Contract price in the Proposal. A Proposal will not be considered unless one such form of bidder’s security is enclosed with it.

A bidder’s bond will not be accepted unless it substantially conforms to the bond form included with the Proposal form and is properly filled out and executed. If desired, the bond form included therein, properly filled out as directed, may be executed and used as the bidder’s bond. Blanks conforming to this form may be obtained by request from the City.

2.10 WITHDRAWAL OF PROPOSALS

Any Proposal may be withdrawn at any time prior to the time fixed in the Notice to Contractors for the opening of Proposals only by written request for the withdrawal of the Proposal filed with the City Clerk. The request shall be executed by the bidder or his/her duly authorized representative.

The withdrawal of a Proposal does not prejudice the right of the bidder to file a new Proposal. This Section does not authorize the withdrawal of any Proposal after the time fixed in the Notice to Contractors for the opening of Proposals.

2.11 PUBLIC OPENING OF PROPOSALS

Proposals will be opened and read publicly at the time and place indicated in the Notice to Contractors.

2.12 JOINT PROPOSALS

If two or more bidders desire to bid jointly on a single project or desire to combine their assets for so doing, they shall file an affidavit of joint venture with the City in the form approved by the City Attorney and such affidavit of joint venture will be valid only for the specified project for which it is filed. If such affidavit of joint venture is not filed as aforesaid and approved by the City prior to the time for opening Proposals on the specified project for which it is submitted, a joint proposal submitted by the same bidders may be disregarded.

2.13 DISQUALIFICATION OF BIDDERS

More than one Proposal form from an individual, firm, partnership, corporation, or a combination thereof under the same or different names will not be considered. If there is reason for believing that collusion exists among the bidders, none of the participants in such collusion will be considered for award of this Contract.

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 12

2.14 BID RIGGING

The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. The hotline should be used to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT’s effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

2.15 ADDENDUM

Addenda may be issued prior to opening of Proposals and shall become a part of the original Specifications and Drawings. The additions or changes contained in such addenda shall be considered by the Bidder in preparation of his/her Proposal. These addenda will be sent to each prospective bidder at the address indicated in his/her application for a Proposal form. A copy of each addendum so issued shall be attached to the Specifications containing the Proposal submitted by the bidder to the Public Works Department.

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 13

2.15 LIST OF SUBCONTRACTORS

The Contractor shall perform with his/her own organization and with workers under his/her immediate supervision work of a value not less than fifty percent (50%) of the value of all work embraced in the Contract, except when certain items may be exempted by the Special Provisions from said fifty percent requirement.

In accordance with Chapter 2, Division 5, Title I of the Government Code of the State of California, Subletting and Subcontracting Fair Practices Act, each Proposal shall have listed on the form provided with the Proposal, (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent (0.5%) of the general contractor’s total bid or $10,000.00, whichever is greater, and, (b) the portion of the work which will be done by each such subcontractor.

All listed subcontractors must be registered with the state Department of Industrial Relations (DIR) and provide DIR registration number prior to proposal submittal

If a Contractor fails to specify a subcontractor for any portion of the work to be performed under this Contract is excess of one-half of one percent of the total bid, he/she agrees to perform that portion himself/herself.

2.16 COMPETENCY OF BIDDER

The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the project, and shall be skilled and regularly engaged in the general class or type of work called for under this Contract.

It is the intention to award a Contract only to a bidder who furnishes satisfactory evidence that he/she has the requisite experience and ability and that he/she has sufficient capital, facilities, and plant to enable him/her to prosecute the work successfully and promptly, and to complete it within the time stated in the Contract.

To determine the degree of responsibility to be credited to a bidder, any relevant evidence will be considered that the bidder, or personnel guaranteed to be employed in responsible charge of the work, has satisfactorily performed other contracts of like nature and magnitude or comparable difficulty at similar rates of progress.

2.17 RELIEF OF BIDDERS

Attention is directed to the provisions of Government Code Section 14350 to 14353, inclusive, (Subletting and Subcontracting Fair Practices Act), which sections are incorporated herein by this reference, concerning relief of bidders and in particular to the requirement therein that if the bidder claims a mistake was made in his/her bid, the bidder shall give the City written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

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2.18 PUBLIC BID REQUIREMENTS

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations 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 (awarded on or After April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 15

2.19 PROPOSAL FORM

Bidder’s Proposal for

"BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT"

CITY PROJECT NO. c402304

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 25 WORKING DAYS

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

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 16 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 "BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT" CITY PROJECT NO. c402304 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:

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 17

2.19 Proposal Form

2.20 Basis of Bid

2.21 List of Subcontractors

2.22 Contractor Reference Information

2.23 DIR Compliance Affidavit

2.24 Non-Collusion Declaration

2.25 Bidder’s Financial Qualification

2.26 Bidders Bond

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:

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 18

“BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT"

2.20 BASIS OF BID

Name of Bidder:

Project Name/Number:

Item No. Item Description Unit

Estimated Quantity Unit Price ($) Item Total ($)

1 Mobilization LS 1

2 Storm Water Pollution Prevention Plan (SWPPP) LS 1

3 Traffic Control and Construction Area Signs LS 1

4 Construction Surveying by the Contractor LS 1

5 Clearing and Grubbing LS 1

6 PCC Curb Ramp SF 817

7 PCC Curb and Gutter SF 443

8 PCC Sidewalk SF 375

9 PCC Retaining Curb (Behind Sidewalk) LF 137

10 PCC Type A3 Curb LF 35

11 Detectable warning surface tile (Cast in Place) SF 92

12 Install Caltrans Type G3 Drain Inlet EA 1

13 Install Caltrans Type GT4 Drain Inlet EA 1

14 Asphalt Concrete (Type A) TON 85

15 Class 2 Aggregate Base TON 62

16 Demolition and Removal SF 2246

17 Subgrade Preparation SY 250

18 Adjust (E) Utility Box to Grade EA 3

Cold Planing (Milling) Asphalt Concrete (2‐Inch Depth) SY 605

20 Install (N) City Standard Post EA 12

21 Install (N) R4‐4 Sign (Yield to Bikes) (36" x 30") EA 2

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 19

No. Item Description Unit

Estimated Quantity Unit Price ($) Item Total ($)

Install (N) R9‐7 Sign (Bike/Ped Lane Designation) (12" x 18") EA 7

Install (N) R13A(CA) (No Rigth Turn on Red) (24" x

36") EA 2

24 Install (N) W9‐1 Sign (Right Lane Ends) (30" x 30") EA 1

Install (N) W4‐2 Sign (Right Lane Ends Symbol) (30" x 30") EA 1

26 Install (N) Mountable Curb and Post (White) EA 86

27 Install (N) Mountable Curb and Post (Yellow) EA 10

28 Install (N) White‐Striped Rubber Parking Block EA 41

29 Install (N) White Rubber Speed Bump Kit EA 1

30 Traffic Signal Modification LS 1

31 Grind Thermoplastic Stripe LF 4876

32 Grind Thermoplastic Legend SF 296

33 Remove Pavement Markers EA 200

34 Caltrans Arrow Type 4 (A4‐L/R) Left/Right Arrow EA 4

35 Caltrans Arrow Type A6(L) Lane Drop Arrow EA 3

36 Install Limit Line (12" White Line) (LL) LF 85

37 Buffer Bike Lane 1 (BBL1) LF 3657

38 Buffer Bike Lane 2 (BBL2) LF 72

39 Bike and Through Arrow (BTA) EA 15

40 Bike and Left Arrow (BLA) EA 1

41 Bike and Left Arrow with Green Vizigrip (BLAG) EA 1

42 "BUS" Marking (BUS) EA 2

43 "ONLY" Marking (ONL) 8‐feet EA 2

44 "PED" Marking (PED) EA 1

45 "XING" Marking (XING) EA 1

46 Caltrans Arrow Type 1 (A1‐1) 5‐feet EA 14

47 Pedestrian Marking Symbol (PED‐S) 6‐feet EA 7

48 Detail 9 (D9) LF 186

49 Detail 38 (D38) LF 90

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 20

No. Item Description Unit

Estimated Quantity Unit Price ($) Item Total ($)

50 Detail 38A (D38A) LF 16

51 Detail 39 (D39) LF 130

52 Detail 39Z (D39Z) LF 376

53 Detail 40 (D40) LF 58

54 4‐inch White Thermoplastic Stripe LF 1956

55 4‐inch Yellow Thermoplastic Stripe LF 320

56 6‐inch White Thermoplastic Stripe LF 201

57 Install Crosswalk (12" White Line) (CWW) LF 416

SUBTOTAL

10% CONTINGENCY

TOTAL

Total Basis of Bid Plus Contingency 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

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 21

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BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 22

2.21 LIST OF SUBCONTRACTORS

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.

(Attach additional sheets, if necessary)

Subcontractor’s Legal Name

Business Address and Phone Number

CSLB License Number

Public Works Contractor DIR

Number

Bid Items To Be Performed

Total Subcontract Amount and Percentage of

Total Bid Price

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 23

2.22 CONTRACTOR REFERENCE INFORMATION

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:

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 24

2.23 DIR COMPLIANCE AFFIDAVIT

California Labor Code requires private contractors, and their subcontractors, to pay prevailing wages to their workers when working on a project funded by a public entity. Prevailing wages are due if the project 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.

1. 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

BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH PROJECT – Page 25

2.24 NON-COLLUSION DECLARATION

(Pursuant to Section 7106 of the Public Contract Code)

Project Name/Number:

The undersigned declares:

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

The bid is not made…