Agenda packet — Santa Cruz City Council, June 28, 2022 (part 2 of 7)

Vendor is required to provide with its Proposal satisfactory proof of licensure to the City. Vendor and all subvendors shall maintain the required licenses throughout the entire Project until the City issues a Notice of Completion.

4.1.4 Good Faith Local Hiring and Apprenticeships
Vendor and sub-vendors must make good faith efforts to hire qualified individuals who are residents of Santa Cruz County as required by SCMC Chapter 3.10, and to employ apprentices who are enrolled and participate in a viable apprenticeship program approved by the California Division of Apprenticeship Standards.

City apprenticeship requirements do not apply to projects less than one hundred thousand dollars ($100,000) in value.

4.2 Liquidated Damages
Time is of the essence. If project work is not completed within the stipulated project work window of August 1 to October 1, 2022 as documented in the resulting contract, the Vendor acknowledges and agrees that the City will suffer damages for such delay; and it being impracticable and infeasible to determine the amount of actual damage, it is agreed that the Vendor shall pay to the City, as fixed and liquidated damages, and not as a penalty, the sum of one thousand dollars ($1,000.00) for each calendar day of delay until the work is completed and accepted, and the vendor and his surety shall be liable for the amount thereof; provided, however, that the Vendor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the vendor (including, but not restricted to, Acts of God or of the public enemy, acts of the Government, acts of the City, fires, floods, epidemics, quarantine restrictions, strikes and freight embargoes).

The Vendor shall, within seven (7) days from the beginning of any such delay, notify the City in writing of the cause of the delay; whereupon the City shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in its judgment, the findings of fact justify such an extension. The City’s finding of fact thereon shall be final and conclusive on the parties hereto.

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4.3 Term of Contract
The term of the contract will commence upon notification of award and continue for a period of ONE YEAR, plus any renewals agreed to by the parties.

4.4 Contract Renewal/Extension
At the option of the City, this contract may be renewed for one year under the same contractual terms and conditions and at the same price or price basis.

4.4.1 Price Adjustments
Pricing will remain firm for the duration of the contract term. The City will consider a price increase as a result of:
• Supply price increases to the Vendor;
• Increases in Government or regulatory agency taxes, charges, or fees specific to the Vendor’s trade; or • Increases in the previous 12 month Consumer Price Index (all items, not seasonally adjusted, for all urban consumers) for San Francisco-Oakland-San Jose.

Any request for a price increase will be substantiated with documentation from a manufacturer or government agency and will be submitted by the Vendor in writing. The City will be the sole judge of acceptable price increases and the City may cancel the contract if a requested price increase is not acceptable.

4.5 Equal Employment Opportunity/Non-Discrimination
City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Vendor to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Vendor is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

Copies are available upon request from the City’s Purchasing Division.

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SECTION 5: PROPOSAL COVER PAGE
The undersigned, upon acceptance, agrees to enter into a contract, in the form specified herein, with the City of Santa Cruz to furnish all of the required services as specified and in accordance with the specifications and terms and conditions required in the City of Santa Cruz “Request for Proposals for the Decking and Railing Rehabilitation on the Floating Walkway/Dock at Neary Lagoon” dated April _, 2022, at the prices indicated herein.

The undersigned, under penalty of perjury, declares not to be a party with any other business to an agreement to bid a fixed or uniform price in connection with this proposal.

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

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

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

Vendor Name:

Address:

Telephone Number:

E-mail address:

Signature of Authorized Representative:

Printed Name of Authorized Representative:

State Contractor’s License No.:

DIR Registration No.:

If vendor is awarded the contract, will vendor extend contract terms and pricing to other government agencies?
Yes No

5.3 Addenda
The Vendor acknowledges receipt of addenda to this RFP.

How many addenda were issued for this solicitation? ________

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SECTION 6: QUESTIONNAIRE
Answer all of the following questions. Any omission may be cause for rejection of proposal. Answers should be complete and in the order presented. A simple "yes" or "no" answer is not adequate.

Vendors have the right to take exception to the specifications or terms to this solicitation. Any exceptions taken must be explained in the proposal, or are otherwise deemed waived. Any exceptions that contradict the City’s terms and conditions, or contain provisions that are not in the best interest of the City will disqualify the vendor. If exceptions are not explained, the Vendor will comply with the specifications as stated in this solicitation.

6.1 Vendor’s qualifications experience and references
1) Describe business background and qualifications, including year business was established. 2) Provide background of personnel that will be assigned to complete this Project for the City. 3) Describe experience doing similar work for other public agencies. 4) Describe your familiarity performing construction work at Neary Lagoon or in similar sensitive wetland habitats. Specifically, describe project situations that required complying with particular watershed and protected habitat standards and how compliance was achieved. 5) Provide the location of the office which will be performing work for City of Santa Cruz. 6) Provide the names of three clients for whom your business has provided the same scope of services. Include the name of the business, the name of a contact person, and the phone number.

6.2 Vendor’s proposed work plan
7) Clearly define all work your business proposes to do for the City. Include a list of deliverables and a work schedule. Include specific information on technical specifications as outlined below:
a. Please describe your ability to mobilize a large construction effort, including materials, tools, equipment and labor as it pertains to specification 2.1.2. b. Please give examples of comparable projects where a structure, of a comparable size to the dock discussed in this proposal, was disassembled and material safely transported to a disposal site.

Please include the equipment and methods that were used. c. Please describe your familiarity installing ‘Trex’ or similar synthetic lumber product as it pertains to specification 2.1.4.
d. Please describe your experience with tule or tree trimming work, and include safety measures taken, equipment used and any other relevant details as it pertains to specification 2.1.5. e. Please describe your experience with delineation and protecting a job site from pedestrian traffic.

How did you ensure public safety as it pertains to specification 2.1.6. f. Please give examples of how you have maintained clean work sites and returned them to their former condition.
g. Please include an example of a final project report you provided on a similar scope of work. 8) If you will subcontract portions of the work, list all sub-vendors to be used. Include business name, address and phone number.
9) The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living.

This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean Ocean Business Program, and General Plan goals which define greenhouse gas reduction objectives.

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

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SECTION 7: FEE SCHEDULE
x Detail all costs using the format provided in Appendix C. Bid Sheet. x Detail all costs incidental to the completion of the Decking and Railing Rehabilitation on the Floating Walkway/Dock at Neary Lagoon. Include all costs in your proposal. Vendor will not be allowed to charge for costs not listed in the proposal.
x Provide information regarding anticipated maintenance costs during the next 3 years. x Describe under what circumstances that City would be charged for additional work.

The following Early Pay Discount and Local Business and Locally Owned Business Preference will reduce the pricing evaluation criteria (as shown in RFP section 3.4) for bid evaluation purposes. The contract will be awarded for the full amount of the bid.

Early Pay Discount
The City will take any early pay discount offered as long as the discount period is fifteen days, or greater. This amount will be calculated at the percent offered and will be applied as a discount to the bid total.

A _____% discount is offered for payment within _____ days.

Local Business and Locally Owned Business Preference
Local Businesses and Locally Owned Businesses must submit Appendix A, Local Business Preference Certification, with the proposal in order to receive the 2% and additional 4% preference. Any preference will be applied on the pricing criteria only.

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APPENDIX A. LOCAL BUSINESS PREFERENCE CERTIFICATION
Local Business Preference Certification
Business Name: ____________________________________________ Local Businesses and Locally Owned Businesses must submit this certification with each bid or proposal in order to receive the 2% and additional 4% preference applied during the evaluation of any competitive process for goods, supplies, equipment, materials, services, or professional services.

Local Businesses
To qualify for the 2% local business preference, a business must meet the following criteria:
1) Does the business have an office with at least one employee located in the City of Santa Cruz? Yes No Business Address: _____________________________________________________ 2) Is the business current in the payment of all taxes, charges, assessments, or fees owed to the City of Santa Cruz?
Yes No
3) Does the business hold a valid City of Santa Cruz business license? Yes No DBA/license number: __________________________________________________ Locally Owned Businesses
To qualify for an additional 4% locally owned business preference, a business must meet the above requirements for a local business and at least 50% of the business’ owners must live in the County of Santa Cruz.

To qualify for the locally owned business preference, list all of the business’ owners and their county of residence (attach additional sheets if necessary).

Owner Name: ______________________________________ County: ________________________________ Owner Name: ______________________________________ County: ________________________________ Owner Name: ______________________________________ County: ________________________________ Owner Name: ______________________________________ County: ________________________________ By submitting this form, I represent that I qualify as a (check all that apply):

Local Business
Locally Owned Business
I understand that by submitting false information or failing to disclose material information in order to qualify for the preference my business will be 1) required to pay the city any difference between the contract amount and what the city’s cost would have been if the contract had been properly awarded, and 2) prohibited from bidding on any city contract or receiving any city contract for a period of three years of the discovery of facts supporting the same.

Authorized Signature: ________________________________
Name & Title: ______________________________________
Date: _____________________________________________

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APPENDIX B. PROJECT OVERVIEW – EXISTING WALKWAY
APPENDIX B. PROJECT OVERVIEW (CON’T) – AERIAL MAP

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APPENDIX B. PROJECT OVERVIEW (CON’T) – DESIGN DETAIL FOR DECKING & RAILING

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APPENDIX B. PROJECT OVERVIEW (CON’T) – EQUIPMENT, MATERIALS STAGING AND WORK AREA NOTES Dock Repair and Decking Replacement Work Area:
x Hand-tools, such as wrenches to fasten loose bolts, will be used for any underwater work. Above water work may also employ hand-tools such as wrenches, screw drivers, crow bars, and/or sledge hammers to perform work x Battery operated hand-tools, such as sawzalls, drivers, and/or drills to remove and replace railings and boards.

Materials Transfer Route 1: Move materials by means of pick-up truck and/or utility vehicle.

Materials Transfer Route 2: Hand carry or hand-cart materials to and from work area and/or utilize row boat for transferring supplies and materials.

Staging and Work Area Alternative 1 (Paved Educational Area and/or Lawn Area) Work and Staging Area
x Storage of supplies materials.
x Cutting of materials.
x Fencing will be necessary during demolition and construction.

Staging and Work Area Alternative 2 (Chestnut Park w/ Daily Staging at Educational Center Area) Primary Work and Staging Area
x Storage of materials.
x All cutting of materials.
x Fencing will be necessary during demolition and construction.

Daily Supply Staging Area:
x Existing, paved educational center area will be used to store daily supplies or materials such as pre-cut boards arriving from the Primary Work and Staging Area as well as boards which have been removed from the walkway. x The Daily Supply Staging Area may be utilized for short-term storage of materials and tools. x Fencing may be necessary for security and safety purposes. x No cutting of materials or use of a generator will occur at the daily staging area.

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APPENDIX B. PROJECT OVERVIEW (CON’T) – STAGING AND WORK AREA ALTERNATIVE 1

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APPENDIX B. PROJECT OVERVIEW (CON’T) – STAGING AND WORK AREA ALTERNATIVE 2

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APPENDIX B. PROJECT OVERVIEW (CON’T) – PERMIT REQUIREMENTS AND BEST

MANAGEMENT PRACTICES (BMPS)

1. No use of gas powered tools in wetland area, only battery operated hand-tools.

2. Any boat will be hand powered.

3. Construction work will utilize tarps and vacuums to prevent any materials from entering into the wetland.

4. Any generator will be located on land. The project will cease any use of the generator if active nests or wildlife impacts are identified by the consulting biologist.

5. Non-mechanized hand tools will be used to remove or fasten bolts for any substructure work in the water.

Most work on the substructure will occur from the top of the substructure.

6. Equipment and materials shall be located in designated staging and work areas. All equipment will be inspected for leaks prior to entering into the staging area.

7. Fueling, cleaning, or maintenance of equipment shall be prohibited except in designated areas per a biologist’s recommendations. As a precaution, the Vendor will be required to maintain adequate materials onsite for containment and clean-up of any spills.

8. A qualified biologist will train the Vendor/site manager and staff regarding environmental concerns and will conduct wildlife surveys in accordance with the City’s Streambed Alteration Agreement with CA Dept. of Fish and Wildlife.

Appropriate buffers will be established in keeping with the Migratory Treaty Act of 1918 and Fish and Game Code 1503.
x All work will stop if a California Red-Legged Frog is found within the project site until the animal leaves the area.
x The biologist will inspect the area for Western Pond Turtles and cease activities until the animal leave the area.
x No litter or construction debris will be dumped in the lagoon. Trash will be picked up.

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APPENDIX C. BID SHEET
Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon PROPOSAL BY: ________________________________________ Vendor's Name Phone Number DATE: __________
NO. QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE TOTAL 1 1 - Mobilization
2 440 Feet Lumber Removal
3 440 Feet Lumber Trucking to Disposal Site
4 440 Feet Lumber Disposal
5 6 - Signage & Bench Removal
6 440 Feet Composite Decking Install
7 1 - Tule/Tree Trimming and Removal
8 6 Reinstall Benches
4 Install Interpretive Signs
9 1 Project Summary Report
10 SUBTOTAL:
10% Contingency
TOTAL:

TOTAL BASE BID IN WORDS
Total Basis of Bid Plus Contingency in Words:

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APPENDIX D. LIST OF SUBVENDORS
Bidder will use sub-Vendor 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 subVendor (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.

SubVendor’s
Legal Name
Business
Address and
Phone Number
CSLB
License
Number
Public
Works
Contractor
DIR
Number
SubVendor’s
Amount and
Proportion of
Total Bid
Price
Work to Be
Performed
(Attach additional sheets, if necessary)

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APPENDIX E. LIST OF EQUIPMENT
Bidder shall list all equipment to be utilized in or on the water for the Project:

Type Description Make and Model

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APPENDIX F. VENDOR REFERENCE INFORMATION
To complete this proposal, Vendors must list two to three previous projects of a similar scope of work that were successfully completed, the agency for which the work was performed, and the contact person.

Please list the projects that are most similar in scope. Do not list more than three projects.

Project Title Agency Owner Contact Person/Phone Number

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APPENDIX G.

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:
“Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon” 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.)

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APPENDIX H
Non-Collusion Declaration
(Pursuant to Section 7106 of the Public Contract Code)
Name of Bidder:

Project Name/Number:

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)

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APPENDIX I

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 “Vendor;” 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 Vendor 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:

Decking and Railing Rehabilitation of the
Floating Walkway at Neary Lagoon
(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. Performance Bond

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

7. Good Faith Effort Statement for Local Hire

8. Local Hiring Statement

9. RFP for Decking and Railing Rehabilitation of the Floating Walkway at Neary Lagoon, including the Project Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance

10. Standard Specifications
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

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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 Vendor’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: City of Santa Cruz Department of Public Works, Department of Parks and Recreation, and Water Department 2002 Standard Specifications.

ARTICLE IV
Vendor 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 Vendor the prices provided for in the 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 Vendor’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 Vendor 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 Vendor 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, Vendor 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 Vendor, subcontractors, and their respective officers, directors, employees, agents, or other third parties directly or indirectly employed by or under the authority or control of Vendor or subcontractors. This provision shall not be deemed to require the Vendor 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.

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Vendor acknowledges and agrees that Vendor’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 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

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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:

Anthony P. Condotti, City Attorney
For Vendor Name:

Signature: Date:
(Name, Title)
For CITY OF SANTA CRUZ, a municipal corporation
Date:

Maff Huffaker, City Manager

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APPENDIX J
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, has awarded to ,
hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:
“Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon” and WHEREAS, said Principal is about to enter into the annexed contract with the City of Santa Cruz.

NOW, THEREFORE, we, the Principal, and , a corporation organized and existing under and by virtue of the laws of the State of California, and said corporation currently appears on the United States Treasury Department's most current list (Circular 570 as amended), as surety, are held and firmly bound unto the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California, in the sum of $ being not less than one hundred percent (100%) of the estimated contract costs of the work, to be paid to the City of Santa Cruz, for the payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors, and assigns; and
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his/her heirs, executors, administrators, successors, or assigns shall in all things abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as herein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and shall indemnify and save harmless the City of Santa Cruz, its officers and agents as therein stipulated, that this obligation shall be discharged, otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the amount of $ _being not less than 10 percent (10%) of the estimated contract cost, shall remain in force for a period of one (1) year after the completion and acceptance of the said work, during which time if the Principal, his/her or its heirs, executors, administrators, successors or assigns shall fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of $ shall remain in full force and effect, otherwise the obligation shall be discharged. However, notwithstanding any other provisions of this paragraph, the obligation of the surety hereunder shall continue so long as any obligation of the Principal remains.

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 of the specifications shall in any way effect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work or to the specifications, and the surety does hereby waive its rights under California Civil Code Section 2819.

26.72 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon

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IN WITNESS whereof, the parties have executed this instrument under their seals, this day of , 2022, by its undersigned representative, pursuant to the authority of its governing body, the day and year first hereinabove written.

PRINCIPAL
SURETY
I hereby approved the form
within bond

CITY ATTORNEY

26.73 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon

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APPENDIX K
Labor and Material Bond
WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation, in the County of Santa Cruz, State of California, has awarded to
hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:
“Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon” 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 hereinafterset forth; and WHEREAS, said Principal is about to enter into the annexed contract with the City of Santa Cruz to complete the work or improvement referred to above for the City of Santa Cruz, County of Santa Cruz, State of California, all as more particularly and in detail as shown upon the Standard Specifications and Particular Specifications filed in the Office of the City Clerk of the City of Santa Cruz.

NOW, THEREFORE, we the Principal, and , a
corporation organized and existing under and by virtue of the laws of the State of California, and said corporation currently appears on the United States Treasury Department's most current list (Circular 570 as amended), as surety, are held and firmly bound unto the City of Santa Cruz in the sum of $ , 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 the 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 named in Civil Code Section 9100, 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 Vendor or his/her subVendor pursuant to Section 18806 of the Revenue and Taxation Code, 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, 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 named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon 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.

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IN WITNESS whereof, the above parties have executed this instrument under their seals, this day of , 2022, by its undersigned representative, pursuant to the authority of its governing body.

PRINCIPAL
SURETY
I hereby approved the form
within bond
_________________________________

CITY ATTORNEY

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APPENDIX L
Good Faith Effort Statement for Local Hire
In conformance with Chapter 3.10 of the Municipal Code, each Contractor and subcontractor shall complete and submit this Statement following Award of Contract and prior to issuance of the Notice to Proceed.

Project Title:

Name and Title of Person Completing Statement:

Name of Contractor or Subcontractor:

Date Statement Completed:

Address:

Contractor (or Subcontractor) estimates that fifty percent (50%) or more of its workforce for this project meets the local hire requirements of this contract: Yes No*
*If no, complete the following table:

Name & Address of
Local Recruitment
Source

Date of Recruitment
Contact
Person Contacted &
Phone #
Trade &
Classification
# of Hire Referrals
Requested
# of Local Hire(s)
Made as Result of
Contact
Name & Address of
Local Hire(s), as a
Result of Contact
(Additional Sheets May Be Attached As Needed)

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APPENDIX M
Local Hiring
Prevailing wage statements shall be deemed acceptable documentation to accurately record hiring information required to comply with Chapter 3.10 of the Municipal Code pertaining to Local Hiring. However, the following information shall accompany the prevailing wage statements:

For pay period ending ____________________________
I. For each employee, complete residency compliance by marking the appropriate box.

Employee
a. Resident of the County of Santa
Cruz for at least one year
preceding date of Award of
Contract, or
b. A member of a Building Trade
Journeyman, or Building Trade
Apprentice program whose
organization has jurisdiction over all
or part of Santa Cruz County.
1 Yes No Yes No
2 Yes No Yes No
3 Yes No Yes No
4 Yes No Yes No
5 Yes No Yes No
6 Yes No Yes No
7 Yes No Yes No
Apprentice
Yes No Yes No

DUPLICATE AS NECESSARY
II. Calculate total weekly project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________% III. Calculate cumulative total project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________%

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APPENDIX N

INSURANCE REQUIREMENTS
Contractor will procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its/his agents, representatives, employees or subcontractors.

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
x Certificate(s) will show current policy number(s) and effective dates, x Coverage and policy limits will meet, or exceed, requirements below, x The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
x Certificate will be signed by an authorized representative, x An endorsement will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by Consultant. Coverage will be at least as broad as:
x COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
x AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
x WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability
x BUILDER’S RISK (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

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If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

C. OTHER INSURANCE PROVISIONS
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

The insurance policies are to comply with the following provisions:
x ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL, and automobile insurance (if transporting hazardous materials policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
x PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it. x NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
x WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
x EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

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x SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
x ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
x CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. x VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL,CPL, and automobile Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

26.80 M E M O R A N D U M
DATE: 4/22/2022
TO: Prospective Bidders
FROM: Lindsay Bass, Principal Management Analyst
SUBJECT: ADDENDUM #2 TO BID FOR Decking and Railing Rehabilitation on the Floating Walkway at Neary Lagoon
The purpose of this addendum is to address the questions received by bidders. The following changes, corrections, additions and/or deletions are incorporated into the bid. It is your responsibility to understand and comply with this addendum.

Section 1.4 Proposal Deadline is amended as follows:

Proposals are due no later than 5:00 PM (PACIFIC DAYLIGHT TIME), April 28, 2022. All proposals will be delivered to the Parks & Recreation Department, 323 Church Street, Santa Cruz, California, 95060 before the due date. Late proposals will not be considered. Respondents take full responsibility for City’s receipt of Proposal.

Printed copies will be delivered as one (1) unbound original of the proposal in a sealed envelope before the due date. As a courtesy, vendors may email a copy of the proposal and any attachments to [email protected] by the due date. The subject line of an emailed proposal shall include the Project name and number. The City prefers for printed proposals to be on recycled paper and bound in an easily recyclable format. A printed copy of the proposal must be delivered by the deadline. Electronic submission alone is not sufficient – a print copy must be received.

Section 2.8 Warranty is amended as follows:

Vendor warrants that items(s) provided and/or work performed under this contract comply with all specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects during the warranty period. The composite decking material selected by the vendor must have a minimum ten (10) year warranty. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period for work shall begin after acceptance of item(s) and/or said work and shall extend thereafter for a period of one (1) year 10 years, or as otherwise specified by the manufacturer’s standard warranty, whichever is later.

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

Exceptions to any of these warranty provisions will be indicted by Vendor in their proposal.

26.81 Section 3.1 RFP Schedule is amended as follows:

The City will make every effort to adhere to the following schedule:

Action DATE

1. Issue RFP

2. Pre-proposal meeting/site visit April 7, 2022

3. Proposal Due Date April 28, 2022

4. Proposal evaluation completed May 20, 2022

5. Notice of intent to award June 14, 2022

6. Tentative Start Date August 1, 2022
Section 3.4 Proposal Due Date is amended as follows:

Proposals are due no later than 5:00 PM (PACIFIC DAYLIGHT TIME) on April 28, 2022. All proposals will be delivered to the Parks & Recreation Department, 323 Church Street, Santa Cruz, California, 95060 before the due date. Late proposals, including supplemental documents or revisions, will not be considered. Respondent may submit proposal prior to the due date.

Respondents take full responsibility for City’s receipt of Proposal. A printed copy of the proposal must be delivered by the deadline. Electronic submission alone is not sufficient – a print copy must be received.

Page 27 ends

AND BEST MANAGEMENT PRACTICES (BMPS) is amended as follows:

1. No use of gas powered tools in wetland area, only battery-operated hand-tools

2. Any boat will be hand powered.

3. Construction work will utilize tarps and vacuums to prevent any materials from entering into the wetland.

4. Any generator will be located on land or utilize a secondary containment bin if located on the water.

All fueling must occur in designated areas according to biologist recommendations. The project will cease any use of the generator if active nests or wildlife impacts are identified by the consulting biologist.

5. Non-mechanized hand tools will be used to remove or fasten bolts for any substructure work in the water. Most work on the substructure will occur from the top of the substructure. Battery-operated tools may be used to remove or fasten bolts from the top of the substructure.

6. Equipment and materials shall be located in designated staging and work areas. All equipment will be inspected for leaks prior to entering into the staging area.

26.82 x All work will stop if a California Red-Legged Frog is found within the project site until the animal leaves the area.
x The biologist will inspect the area for Western Pond Turtles and cease activities until the animal leave the area.
x No litter or construction debris will be dumped in the lagoon. Trash will be picked up.

A signed copy of this document must be submitted with bid. Failure to do so may result in rejection of bid.

Company Name: ______________________________________________________ Authorized Representative: _______________________________________________ (Signature)

26.83 M E M O R A N D U M
DATE: 4/19/2022
TO: Prospective Bidders
FROM: Lindsay Bass, Principal Management Analyst
SUBJECT: ADDENDUM #1 TO BID FOR Decking and Railing Rehabilitation on the Floating Walkway at Neary Lagoon
The purpose of this addendum is to address the questions received by bidders. The following changes, corrections, additions and/or deletions are incorporated into the bid. It is your responsibility to understand and comply with this addendum.

Section 1.4 Proposal Deadline is amended as follows:

Proposals are due no later than 5:00 PM (PACIFIC DAYLIGHT TIME), April 25, 2022. All proposals will be delivered to the Parks & Recreation Department, 323 Church Street, Santa Cruz, California, 95060 before the due date. Late proposals will not be considered. Respondents take full responsibility for City’s receipt of Proposal.

Section 3.4 Proposal Due Date is amended as follows:

Proposals are due no later than 5:00 PM (PACIFIC DAYLIGHT TIME) on April 25, 2022. All proposals will be delivered to the Parks & Recreation Department, 323 Church Street, Santa Cruz, California, 95060 before the due date. Late proposals, including supplemental documents or revisions, will not be considered. Respondent may submit proposal prior to the due date.

Page 27 ends

AND BEST MANAGEMENT PRACTICES (BMPS) is amended as follows:

1. No use of gas powered tools in wetland area, only battery-operated hand-tools

2. Any boat will be hand powered.

3. Construction work will utilize tarps and vacuums to prevent any materials from entering into the wetland.

4. Any generator will be located on land or utilize a secondary containment bin if located on the water.

26.84 5. Non-mechanized hand tools will be used to remove or fasten bolts for any substructure work in the water. Most work on the substructure will occur from the top of the substructure. Battery-operated tools may be used to remove or fasten bolts from the top of the substructure.

6. Equipment and materials shall be located in designated staging and work areas. All equipment will be inspected for leaks prior to entering into the staging area.

9. The project will follow relevant permit requirements from the City’s permits for the Neary Lagoon Tule and Sediment Removal Project currently being performed in Neary Lagoon. x Routine maintenance activities will begin on or after August 1 and all work shall be completed by October 15 each year.
x Work will occur during daylight hours during dry weather only. x Personnel will be trained by the consulting biologist. x Wildlife nesting surveys will be completed within seven days prior to the beginning of project activities. Appropriate buffers will be established in keeping with the Migratory Treaty Act of 1918 and Fish and Game Code 1503.
x All work will stop if a California Red-Legged Frog is found within the project site until the animal leaves the area.
x The biologist will inspect the area for Western Pond Turtles and cease activities until the animal leave the area.
x No litter or construction debris will be dumped in the lagoon. Trash will be picked up.

A signed copy of this document must be submitted with bid. Failure to do so may result in rejection of bid.

Company Name: ______________________________________________________ Authorized Representative: _______________________________________________ (Signature)

26.85 City Council

AGENDA REPORT
DATE: 06/15/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Public Works
SUBJECT: Award Contract for Consulting Engineering Services for Wastewater Treatment Facility Capital Investment Projects (PW)
RECOMMENDATION: Motion to award a contract to Brown and Caldwell (San Jose, CA) for Consulting Engineering Services for Wastewater Treatment Facility Capital Investment Projects in the amount of $3,280,000 and reject all other proposals. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budgets.

BACKGROUND: The City of Santa Cruz (City) Wastewater Treatment Facility (WWTF) originally built in 1928, has been expanded and upgraded. The advanced primary modifications were completed in 1988. The Secondary Treatment Facility upgrade was completed in 1998. In 2017, the City contracted Kennedy Jenks to conduct a major equipment condition assessment at the WWTF. Kennedy Jenks assessed the WWTF asset conditions, identified high-risk assets, and provided a prioritized list of capital investment plan (CIP) projects to be completed over the next 10 to 15 years. Kennedy Jenks provided and opinion of probable construction costs for the identified projects totaling $18.8 million dollars. In February 2022 the City solicited statements of qualifications from qualified consultants to provide consulting engineering support services for the upcoming CIP projects at the WWTF.

DISCUSSION: On April 6, 2022, statements of qualifications for consulting engineering services were opened by Public Works staff. Proposals were received from the following firms and evaluated based on the criteria listed in the solicitation.

1. Brown and Caldwell (San Jose, CA) – Score: 93

2. West Yost (Concord, CA) – Score: 84

3. Kennedy Jenks (Santa Clara, CA) – Sore 82

4. Dudek (Santa Cruz, CA) – Score 53

5. MNS Engineers (San Jose, CA) – Score 38
Brown and Caldwell will provide consulting and engineering support services to facilitate several CIP projects at the WWTF. Brown and Caldwell has defined the scope of work and costs for design services for the following projects:

- Headworks and Influent Infrastructure

27.1 - Interstage Pumps and Blowers
- High Strength Waste Implementation Plan
- State Revolving Fund (SRF) and Grants Support
- Miscellaneous rehabilitation projects
Scope of work and design services costs will be negotiated at a future date for the following list of projects which includes but is not limited to:
- Process Mechanical Upgrades for Secondary Blowers and Interstage Pumps - State Revolving Fund (SRF) and Grants Support
- Electrical Wiring in Influent Pump Station Area
- Pre-Aeration/Grit Area Structural Upgrades and Condition Assessments - WWTF PLC Instrumentation Upgrades
- Effluent Pump and Valve Upgrades
- Miscellaneous Pump and 2W Upgrades
- Piping Replacement in Secondary Treatment
- General Electrical Wiring Repairs
- Effluent Pump Station PLC Upgrade and SCADA Integration - Pre-Aeration/Grit Area Electrical Upgrades
- Trickling Filter Mobilized Drive
FISCAL IMPACT: There are adequate funds in the Public Works FY 2022 Wastewater Enterprise Fund to fund this agreement. There is no impact to the General Fund.

Prepared By:

Katie Stewart
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICES AGREEMENT.PDF

27.2 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 1

PROFESSIONAL SERVICES AGREEMENT FOR
Santa Cruz Wastewater Treatment Facility (WWTF)
Capital Improvement Projects
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Brown and Caldwell (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of , 20 (the “Effective Date”).

NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:

SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.

SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's engineering profession. Consultant represents and agrees that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of Scope of Work set forth in Exhibit A.

Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.

Consultant shall meet with Mark Dettle, Director of the Public Works Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to use and rely upon the accuracy and completeness of such data and information, in completing the services required hereunder.

The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. If the work is satisfactory, it will be approved. If the work is not satisfactory, City will inform Consultant of the changes or revisions necessary to secure approval.

27.3 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire the Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

Consultant may reallocate compensation between tasks; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $3,280,000.00 without advance writtenCity authorization in the form of an amendment or change order.

Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices shall indicate the percentage completion of each work task as identified in the Scope of Work in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees.

SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION Consultantshall begin work asspecified in a written authorization (e.g. Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

27.4 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 3
The Work Schedule for completion of the work shall be as shown upon Exhibit C. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.

Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.

The City reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.

Consultant acknowledgesthat it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit C in order to allow the City to achieve its objectives for entering into this Agreement. The Parties therefore agree that time is of the essence in the performance of this Agreement.

SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

The City or Consultant may terminate the Agreement for cause by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.

The City may, at its option, allow Consultant to cure its failure to perform within 15 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within such time period to the City’s satisfaction.

Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from date of the Consultant’s written termination notice specifying the default in performance.

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damagessustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

SECTION 9: INSURANCE

27.5 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 4
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.

SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.

SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is

27.6 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 5
authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.

Such authority isretained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to thatset forth in Exhibit B, Fee Schedule.

SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager. Director reserves the right to approve the project manager assigned by Consultant to said work.

No change in assignment may occur without prior written approval of the City.

2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.

3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Consultant, including each of Consultant’s employees, agents, subcontractors or others under Consultant’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’ssupervision or control was misclassified.

4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

5. Subcontractors. Consultant shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.

7. Conflicts of Interest. Consultant owes City a duty of undivided loyalty in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

8. City Property.The work, or any portion, ofConsultant in performing this Agreement upon payment to Consultant shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision ofservices for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason and payment to Consultant of undisputed amounts. Unless otherwise provided herein, Consultant agreesthat all copyrights which arise from creation of

27.7 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 6
project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights (except for preexisting intellectual property) in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

9. Intentionally Omitted.

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all non-public information or proprietary materials (in every form and media) disclosed or made available directly or indirectly through any means of communication, either verbally or in writing, to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information. b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement. If the Consultant or its Subcontractors become involved in any litigation in relation to the Project, the Consultant may request that the City provide a copy of the Confidential Information as relevant to the litigation in accordance with applicable laws.

27.8 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 7
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five years from the date of the final City payment for Consultant's services, unless otherwise stated herein. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant.

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

13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

14. Licensure. Consultant agrees that Consultant, its subcontractors and/or agents (if any) has/have complied with applicable federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
 Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz;  Will perform actual work in the City of Santa Cruz for 6 or more days annually; or

27.9 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 8
 Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

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

15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.

16. Prevailing Wages for Public Work. ed a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.)

17. To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.

27.10 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 9
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

18. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices

19. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.

Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.

20. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, existing or future which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City’s sole discretion.

21. Complete Agreement. This Agreement, along with 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.

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

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

27.11 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 10

24. Governing Law. This Agreementshall be governed by and interpreted in accordance with California law.

25. 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.

26. MacBride Principles/Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.

27. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express [or priority U.S. Mail], addressed to recipient as follows:

To CITY:

Public Works Department
Steve Wolfman
809 Center Street
Santa Cruz, CA 95060
[email protected]
831.420.5428
To CONSULTANT:

Brown and Caldwell
Anup Shah, PE
75 E Santa Clara Street, Suite 375
San Jose, CA 95113
[email protected]
925.210.2224
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

28. 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.

29. 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. [SIGNATURES ON FOLLOWING PAGE]

27.12 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 11

CITY OF SANTA CRUZ
By:

Matt Huffaker
City Manager
Date:

Approved As To Form:

By:

Office of the City Attorney
Date:

CONSULTANT
By: Date:

Printed: Title:

27.13 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 12
EXHIBIT A: SCOPE OF WORK

27.14 FINAL June 28, 2022

Page 1 of 25 ends

Exhibit A. Scope of Work
Consulting Engineering Services
Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects (CIP) This document describes the engineering services Brown and Caldwell (BC) will provide to the City of Santa Cruz (City) related to the Consulting Engineering Services (Project) at the Santa Cruz Wastewater Treatment Facility (WWTF).

Background
The City completed an equipment study to identify and prioritize rehabilitation and infrastructure improvements. Under this Scope of Work, BC will provide consulting and engineering support services to facilitate several capital projects at the WWTF.

The highest priority project has been defined as the Influent and Headworks Infrastructure Project and the scope for that work is described in Service Order 1.

Additional projects may be added as additional service orders, possible work may include:
 Trickling Filter Mobilized Drive
 Food Waste Study
 Process Mechanical Upgrades for Secondary Blowers and Interstage Pumps  Grant and Loan Support (including SRF)
 Electrical Wiring in Influent Pump Station Area
 Pre-Aeration/Grit Area Structural Upgrades and Condition Assessments  WWTF PLC Instrumentation Upgrades
 Effluent Pump and Valve Upgrades
 Miscellaneous Pump and 2W Upgrades
 Piping Replacement in Secondary Treatment
 General Electrical Wiring Repairs
 Effluent Pump Station PLC Upgrade and SCADA Integration  Pre-Aeration/Grit Area Electrical Upgrades
 Miscellaneous rehabilitation projects
Note: The following draft scopes for the currently anticipated service orders (SO) are examples of the proposed professional services for the Project. The scope of work for each SO, starting with SO 1, will be further detailed and modified based on additional discussions between Brown and Caldwell and the City‘s Capital Team, and to meet the specific project needs that are defined as part of the condition assessment and basis of design work. The detailed assumptions associated with the scopes of work will be collaboratively developed as part of these discussions to provide services up to the contracted budget.

EXHIBIT A

27.15 FINAL June 28, 2022

Page 2 of 25 ends

Scope of Services for Service Order 1 – Influent and
Headworks Infrastructure Project
Service Order 1 will focus on the influent and headworks infrastructure and includes condition assessment, field investigations, design, bid period services, and services during construction for the project. The facilities and infrastructure to be evaluated and rehabilitated includes:
 54-inch diameter sewer line and manholes (approximately 3,200 ft and 8 manholes) for the inspection and condition assessment
 54-inch diameter sewer line and manholes (up to 1,000 ft and the two nearest manholes) for rehabilitation as shown in Figure 1
 Headworks vault
 Influent vault
 Screen room (bar screens, floor gratings, valves, concrete channels, air and electrical piping)  Four slide gates (aluminum) that house the two manual screens  Two manual screens
 Six wall penetrations of the influent piping to the Influent Pump Station (IPS)  24-inch diameter and 30-inch diameter inlet and discharge piping of the IPS pumps  IPS wet well
 60-inch diameter connection between the headworks vault and influent box  Level control of the IPS
 Conduits, wireways, and conductors for the screens and IPS Figure 1. Location of rehabilitation of 54-inch diameter sewer line and manholes.

EXHIBIT A

27.16 FINAL June 28, 2022

Page 3 of 25 ends

Task 1 – Project Management (Design and Bid Phase)
Task 1.1 – Design Project Management
BC will provide project management services during the design and bid phases, including the following:
 Prepare a Project Management Plan.
 Prepare a project schedule with milestones (baseline and monthly updates).  Monitor project budget for effort versus progress and keep the City informed of the status.

Identify and mitigate potential overruns in a timely manner.  Participation in biweekly meeting (30-minute duration) with the City’s Project Manager to coordinate the work (assumed BC’s Project Manager and one key staff to attend via Microsoft Teams). It is assumed that BC will prepare agenda and meeting minutes.  Prepare and implement Field Work Safety Plan.
 Prepare and submit monthly invoices and monthly progress reports (standard BC format).

Assumptions:
 Work is based on a 9-month schedule for design and bid phase  The budget is based on conducting 18 biweekly meetings.

Deliverables
 9 monthly invoices and progress reports
 18 biweekly meeting agendas and minutes
Task 1.2 – Design QAQC
BC will prepare and implement a quality assurance (QA) / quality control (QC) program by conduct reviews of deliverables before they are submitted to the City. Under Task 1.2, the Quality Manager will develop the quality management plan (QMP) and will organize and manage the reviews that will be conducted by subject matter experts (SMEs). The quality reviews are budgeted under the technical tasks.

Task 1.3 – Kickoff Meeting
BC will conduct a Kickoff Meeting. BC will prepare an agenda and meeting materials in advance of the meeting and prepare meeting minutes following the kickoff meeting. The Kickoff meeting is assumed to be 3 hours in duration, conducted in person with up to 5 BC key staff.

Task 2 – Site Visits and Review of Data
The purpose of this task is to conduct site visits and review existing data to develop a basis of understanding for the Project.

This task will generally consist of the following:
 Review background information (equipment studies, record drawings, geotechnical reports, hydraulic model, etc.) provided by the City.

EXHIBIT A

27.17 FINAL June 28, 2022

Page 4 of 25 ends

 Review odor complaint history and available odor data and discuss odor emissions and control history with O&M Team.
 Up to 2 site visits with up to 4 staff per visit and up to 4 hours per visit  Discussions with O&M Team including up to two in-person visits with up to 4 staff per visit and four virtual meetings.

Deliverables: None
Assumptions: The assumptions for this task are listed below:
 The City shall provide all background information documents and files within one week of notice to proceed.
 City PM will coordinate discussions between BC and the O&M Team  The City shall coordinate private property access, as needed, for site visit activities, including notification letters. BC will provide maps or other technical information as requested to support notification of property owners. BC assumes a budget of 8 hrs for this activity.  Access to spaces requiring confined space procedures or fall protection is not required.

Task 3 – Survey
The purpose of this task is to obtain location and elevation information for the manholes being evaluated. This task will generally consist of the following:
 BC’s subconsultant will perform field surveying to obtain horizontal and vertical locations of approximately 8 project manholes, including rim and invert elevations. The information will be used to provide northings and eastings of manholes placed accordingly on the contract drawings. Methods will be consistent with obtaining 0.25-foot vertical accuracy. Detailed surveying, such as property line locations, surface features, curb and gutter lines, et cetera, and general area elevations will not be required for this project. City will provide orthophotos to be used as base mapping for the project layout.
 The horizontal coordinate system will be California Coordinate System of 1983 (CC83) Zone III, US foot. The vertical coordinate system will be NAVD88 vertical datum.

Deliverables:
 Survey results
Assumptions: The assumptions for this task are listed below:
 Boundary survey of property lines or easement limits are not included.  BC has included budget for one (1) day of low-impact traffic control services (cones, signs, light vehicles) during survey work. Traffic control plans will not be required for survey work completed during design.
 City will provide access to manholes, remove manhole covers, and provide gas monitoring while the survey crew surveys the project manholes.
 City will provide orthophotos to be used as base mapping for the project layout.

Task 4 – Detailed Condition Assessment and Basis of Design

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BC will conduct a detailed condition assessment of structures and equipment identified for Service Order 1. This task consists of the following sub-tasks:

Task 4.1 – Condition Assessment Work Plan
 Develop and evaluate shutdown and/or bypass alternatives (critical to procure equipment needed to support shutdown or bypass)
 Develop a detailed work plan describing the condition assessment details including investigations techniques, sequence of work, support needs from the City, detailed tasks, staffing, schedule, and coordination needs/support from City team.  Conduct a workshop to discuss elements of the Condition Assessment Work Plan and gather feedback from the City to be incorporated into the final version of the plan Deliverables:
 Draft and Final Condition Assessment Work Plan
 Meeting minutes from workshop
Assumptions: The assumptions for this task are listed below:
 Workshop will be in person and include up to 4 staff and up to 4 hours of time Task 4.2 – 54-inch Diameter Pipeline Condition Assessment (3,253 LF of Pipe) BC will perform multi-sensor inspection and condition assessment of the 54-inch diameter influent gravity pipeline to the Santa Cruz Water Pollution Control Plant. The following activities are included in this task:
 BC subcontractor to perform multi-sensor inspection of approximately 3,253 LF of 54-inch diameter reinforced concrete pipe (RCP) gravity sewer per National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP). Multisensor inspection to be performed include CCTV, 2-D or 3-D Laser/LiDAR, and Sonar.  BC inspection subcontractor to perform inspections on up to 8 manholes structures associated with the gravity sewer pipeline per NASSCO Manhole Assessment and Certification Program (MACP). Inspections to be Level II MACP utilizing 360-degree optical manhole scanner.
 BC to perform condition assessment and develop repair/rehabilitation recommendations based on the results of the CCTV and manhole inspection data.  BC to develop draft and final letter report summarizing the results of the inspection, condition assessment, and repair recommendations.

Deliverables:
 CCTV inspection videos
 2D or 3-D Laser/LiDAR data (Existing sewer profile vs original sewer profile above waterline)  Sonar Results (Debris below waterline)
 Manhole 360-degree optical scanner data
 Draft and final inspection and condition assessment letter report Assumptions: The assumptions for this task are listed below:

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 An inspection budget allowance of $105,000 is provided to cover anticipated subcontractor costs for the multi-sensor inspection and traffic control.  City to provide access for BC and inspection subcontractor personnel to pipeline alignment.  City to provide assistance locating manholes and clearing vegetation, if overgrown, to allow access for inspections. If manholes are buried or unable to be located visually, these manholes will be reported to City. Inspections of these structures will be skipped until manholes have been located. It may be possible to inspect the pipeline by running the multisensor robot through multiple pipeline segments if accessing a particular manhole is not practical.
 Prior to inspection, City will determine the depth of existing sand/debris at several manholes.

This information will be used to determine what type of inspection platform is used to perform work (tractor or float).
 Pipe cleaning will not be performed as part of this project.  A $20,000 traffic control allowance is included in the inspection budget and will be used if required by the City.
 City to provide a no-fee encroachment permit for inspection work.  Draft and final letter reports to be delivered electronically.

Task 4.3 – Influent Infrastructure and Headworks Condition Assessment BC will perform a condition assessment of headworks vault, 60-inch diameter pipeline, influent box, screen channel, and the influent pump station wet well in accordance with the Condition Assessment Work Plan. This task will generally consist of a combination of the following techniques:
 Visual Inspection
 Carbonation Testing
 Delamination Testing
 Surface Penetrating Radar
 Concrete Compressive Strength Testing
 Step Drilling
 Chemical Analysis of Concrete Samples
 Concrete Surface pH Testing
BC will also perform the following for the Headworks infrastructure:
 Visual inspection of visible portions of power distribution equipment  Visual inspection of control panels (PLC cabinets, local control stations, etc.) Deliverables:
 Condition assessment of structural components of each system  Draft and Final Corrosion Assessment Reports
Assumptions:
 Shutdown of flows through the infrastructure for approximately 6 hours to inspect infrastructure and equipment downstream of the plant influent gate. The shutdown can be accomplished during dry weather periods to accomplish the work. The City will assist with

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coordination to hold the flow in the collection system. It is assumed that two shutdowns will be required.
 For the infrastructure upstream of the plant influent gate, inspection and condition assessment will be limited due to inability to isolate or completely stop the influent flow.

Depending upon the flow conditions and inspection requirements, BC’s subcontractor will coordinate access into the junction box and 54” sewer line for condition assessment.

Installation of plug in the 54” diameter pipe to isolate the flow near the Chestnut cul-de-sac manhole is deemed not necessary for this phase of the project.  Mechanical and electrical condition assessment results will be based on the Infrastructure and Major Equipment Study, dated April 2021.
 BC’s subcontractor will provide means of access to the portions of the structure to be viewed by means of ladders, davit cranes, etc. It is assumed that there are existing davit anchors that can be utilized.
 BC’s subcontractor will provide necessary means for the assessment, including confined space entry, gas air monitoring, and a qualified entrant supervisor.  Assessments will be based on the portions of structure and equipment easily visible and does not require removal or relocation of equipment. The assessment will not assume the condition of portions of the structures and equipment not viewed.

Task 4.4 – Condition Assessment/Basis of Design Report
The purpose of this task is to summarize the findings of the condition assessment and develop a basis of design report. This task will generally consist of the following:
 Summarize findings of the condition assessments
 Develop and evaluate rehabilitation alternatives including an evaluation of pipeline hydraulics for the 54-inch diameter sewer.
 Develop and evaluate bypass alternatives
 Rehabilitation sequencing
 Workshop to review findings and recommendations
 Workshop on bypass alternatives
 Odor control technology alternatives analysis, including comparison of life-cycle costs and selection of the best approach to keep odors within the fence line.  Electrical and Controls Workshop
o Electrical conduit, wireway, and conductor replacements o Control system improvements (level control)
o Alternatives for dealing with increased electrical load for various equipment  Conceptual level cost estimates (AACE Class 5)
 Develop draft and final report
Deliverables:
 Draft and Final Basis of Design Report
 Draft and Final meeting minutes for the workshops
Assumptions: The assumptions for this task are listed below:
 The workshops are planned to be held in person and up to 2 hours and will be attend by up to 5 BC staff.

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 The sewer rehabilitation will utilize CIPP or Spiral Wound PVC method. No open cut trenching will be used, and the construction activities will not interfere with the existing underground utilities.
 Project manholes will be rehabilitated using City manhole coating standards.  City will provide collection system flow information (average daily flows, peak wet weather flows, and hydraulic model results) for BODR hydraulic evaluation and contractor flow bypassing design and operation.
 Power distribution equipment evaluation is not included, but recommendations based on visible condition will be included in the BODR.
 Control system panel evaluation is not included, but recommendations based on visible condition will be included in the BODR.

Task 5 – Design
Work under this task includes:
 Develop drawings, specifications (including bypass strategies), cost estimates  Prepare bid package
 Workshops/Meetings to discuss and review various topics within this task

Assumptions: The assumptions for Task 5 – Design are listed below:
 54-inch diameter pipeline/manhole rehabilitation is limited to 1,000 feet of pipe.  Underground utilities will be shown in approximate locations based on available utility owner information. The Contractor will be required to pothole utilities prior to excavation if excavation is necessary.
 Design of sheeting, shoring and bracing, and design and operation of excavation dewatering (if required) and temporary sewer bypassing systems will be the responsibility of the Contractor.
 Geotechnical services are not included in the scope.
 Temporary construction easements or permanent easements are not required for the project.
 Contractor site access, staging areas and working space will be identified in coordination with the City during design.
 City’s Division 00 will be used and BC Division 01 will be used.  The City’s Construction Manager will review and assist in completing Divisions 00 and 01 specifications.
 Specifications will be Div 17 format
 Design will not include power distribution equipment replacement.  Design will not include control system panel replacements.  The City will provide a collated set of review comments in Microsoft Excel format. The review period for the City allows for 2 weeks.

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Task 5.1 – 50% Design
Consultant shall develop 50% design plans, specifications, and cost estimates. Design development shall include power systems elements and control elements that align with City upgrades and plans currently under design by Arcsine.

5.1.1 – 50% Drawings and Specifications
Plan sheets shall be started and included as part of the submittal for this phase. Deliverables for this phase shall include, but are not limited to the following:

Drawings
 Cover Sheet – title, sheet index, vicinity map, location maps, notes, horizontal and vertical control, graphical scale, other information as necessary  Yard piping and duct bank plans and profiles
 Paving & grading
 Process / Mechanical
o Complete piping and instrumentation diagrams
o Equipment arrangement plans, sections and details
o Specifications for vendor review
o Final process control narratives
 Civil
o 54-inch diameter pipe/manhole rehabilitation plan and details o Pipe and manhole rehabilitation schedules
o Pipe rehabilitation sewer bypass schematic
 Structural
o Structural plans, sections and details
o Preliminary rebar detailing
 Electric Power
o Single line drawings
o Process area single line drawings
o Electrical room plans and equipment elevations
o Conduit layout plan drawings
 Instrumentation and Controls
o Control system architecture and integration with existing system o P&IDs
o Control schematics for new equipment
o I/O and instrument index for new equipment
o Process control narratives
 Odor Control and Ventilation
o Vapor-Phase Odor Control Plans and Sections
o Foul Air Ductwork Plans
o Process Flow Diagrams
o Building Ventilation and Odor Control P&IDs

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Specifications
 Technical specifications (up to 60 specifications)

5.1.2 – 50% Cost Estimate and Construction Schedule
BC will develop an AACEI Class 3 cost estimate.

BC will also develop an estimated construction schedule in Microsoft Project. The schedule will show major critical-path construction activities. The schedule will be used by the City to determine construction contract duration and plan for construction management. This will be submitted with the cost estimate.

5.1.3 – 50% Review Workshop
BC has allowed for one (2-hour) review meeting with the City for the 50% design submittal (up to six BC staff in-person and additional BC staff via Teams) to review the design and discuss comments.

Assumptions:
 BC will prepare a meeting agenda and minutes.

Task 5.2 – 90% Design
BC will develop the 90% design plans, specifications, and cost estimates. All comments from the previous submittal shall be resolved and incorporated.

5.2.1 - 90% Drawings and Specifications
All plan sheets shall be started and included as part of the submittal for this phase. Deliverables for this phase shall include but are not limited to the following:

Drawings
 Cover Sheet – title, sheet index, vicinity map, location maps, notes, brief description of contractor’s scope of work, horizontal and vertical control, graphical scale, other information  Yard piping and duct bank plans and profiles
 Paving & grading
 Process / Mechanical
o Piping and Instrumentation Diagrams
o Demolition drawings
o Equipment and piping plans, sections and details
o Specifications
o Final process control narratives
 Civil
o 54-inch diameter pipe/manhole rehabilitation plan and details o Pipe and manhole rehabilitation schedules
o Pipe rehabilitation sewer bypass schematic
 Structural
o Structural plans, sections, and details
o
 Electric Power
o Single line drawings
o Process area single line drawings
o Electrical room plans and equipment elevations

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o Conduit layout plan drawings
 Instrumentation and Controls
o Control system architecture and integration with existing system o Comprehensive P&IDs
o Control Schematics for new equipment
o I/O and instrument index for new equipment
o Process control narratives
o Control panel details for new equipment
o Instrumentation installation details
 Odor Control and Ventilation
o Vapor-Phase Odor Control Plans and Sections
o Foul Air Ductwork Plans and Sections
o Odor Control Details
o Process Flow Diagrams
o Building Ventilation and Odor Control P&IDs
Specifications
 Technical specifications (up to 60 specifications)

5.2.2 – 90% Cost Estimate & Construction Schedule
BC will develop an AACE Class 1 cost estimate.

BC will also develop an updated estimated construction schedule in Microsoft Project based on comments from the 50% design submittal review. The schedule will show major critical-path construction activities. The schedule will be used by the City to determine construction contract duration and plan for construction management. This will be submitted with the cost estimate.

5.2.3 – 90% Review Workshop
BC has allowed for one (2-hour) review meeting with the City for the 90% design submittal (up to six BC staff in-person and additional BC staff via Teams) to review the design and discuss comments.

Assumptions:
 BC will prepare a meeting agenda and minutes.

Task 5.3 – 100% Design (Final Contract Documents)
BC will incorporate agreed upon review comments from the 90% design submittal review and will develop the final bid drawings and specifications for bidding by the City. Comments from the previous submittal shall be resolved and incorporated. BC shall design and prepare plans, technical specifications, cost estimates, and revisions to the City’s special provisions, for the project.

Attachments and schedules will be provided in hard copy, including but not necessarily limited to:
structural calculations, and energy efficiency worksheets.

5.3.1 - 100% Drawings and Specifications
Review, evaluate, revise plans and specifications and provide responses to City’s review comments.

Deliverables shall include:

Drawings

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 Cover Sheet – title, sheet index, vicinity map, location maps, notes, horizontal and vertical control, graphical scale, other information
 Civil Plans –utilities plans & profiles, lighting, equipment and convenience power, pavement, walks, stairs, rails, details
 Coordinate power and control plans and details
 Other specialties
Specifications
 Technical Specifications (up to 60 specifications)
Bid Documents
 Description of each item on bid schedule with requirements for payment (e.g. complete, in place, and suitable for its intended use.)
 Complete revised Special Provisions and bid instructions Other
 Bid schedule
 Engineer’s construction cost estimate in the form of the Bid Schedule, (along with supporting documents not part of the Bid Package)
 Final list of submittals
 List of information available to bidders with disclaimer  Responses to City’s review comments, along with return of mark-ups  Based on City comments from the 90% design review and the Consultant’s design judgment, Consultant shall prepare the 100% plans for submittal to the City.  Hard copies of signed and sealed, by discipline, plans and specifications.

5.3.2 - Cost Estimate & Construction Schedule
BC will provide a revised AACE Class 1 construction cost estimate and revised construction schedule.

Assumptions:
 Final bid documents (drawings and specifications) will be submitted to the City electronically in PDF format.
 City will prepare applications for and obtain encroachment permits as needed for construction. This responsibility may be passed on to the Contractor.

Task 5 Deliverables:
 50% draft design submittal (drawings, specifications, cost estimate and construction schedule)
 90% draft design submittal (drawings, specifications, cost estimate and construction schedule)
 100% final design submittal (drawings, specifications, cost estimate and construction schedule)
 Responses to City’s review comments on the 50% and 90% design in Microsoft Excel format

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Task 6 – Bid Period Services
BC will support the City in responding to bidder questions during the bid period, by providing interpretation and addenda to the bid documents as it related to BC’s scope of design, and by evaluating the bids to determine responsiveness to the technical requirements of the bidding documents. Activities performed will include the following:
 Two BC staff to attend the pre-bid (2-hour) meeting in-person  Respond to questions from prospective bidders
 Assist with up to two addenda to the contract documents  Assist City with evaluation of bids, including review of costs.

Services described under this task will be performed up to the limit of the task budget.

Assumptions:
 The City will manage the bid package distribution
Task 7 – Engineering Services During Construction
BC will provide engineering services during the construction of the project. This task consists of the following sub-tasks:

Task 7.1 – Project Management (ESDC Phase)
This task assumes the ESDC phase of the project will be 10 months. BC will provide project management services during the construction phase, including the following:
 Monitor project budget for effort versus progress and keep the City informed of the status.

Identify and mitigate potential overruns in a timely manner.  BC will participate in up to twenty meetings via Microsoft Teams with the City’s Project Manager to review progress and discuss and resolve issues. Project coordination activities will be performed up to the limit of the task budget (assumed BC’s Project Manager and one key staff to attend via Teams). It is assumed that BC will prepare agenda and meeting minutes.
 Preparation and implementation of a field work safety plan.  Preparation and submission of monthly invoices and monthly progress reports (standard BC format).
 Quality assurance and quality control (QAQC) plan and processes.

Task 7.2 – RFI Reponses
BC will answer questions and requests for information (RFI) from the Contractor and Construction Manager (CMRFIs) to clarify the Contract Documents and the design intent. The level of effort assumes that RFIs will be addressed with a written response by the designers. RFIs that do not involve design intent are assumed to be answered by the Construction Manager. We have budgeted for 30 RFIs, which are estimated to require an average of eight (8) hours per RFI. BC will provide assistance up to the task budget.

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Task 7.3 – Submittal Reviews
BC will review Contractor submittals. BC will prepare written engineer’s review comments for each submittal forwarded to BC by the Construction Manager. For budgeting purposes, it is assumed that BC will provide written responses to 75 submittals and 40 resubmittals at an average of five (5) hours per written submittal and two (2) hours per resubmittal up to the limit of the task budget. BC will provide assistance up to the task budget.

Task 7.4 – Site Visits
It is assumed that construction and coating inspections will be performed by the Construction Manager’s inspection staff. The Construction Manager shall coordinate the activities of the contractor and the inspectors to ensure that all work is inspected as required by the Contract Documents. Where site visits or field observations are requested by the Construction Manager, BC will provide design engineering staff for structural and electrical disciplines. It is assumed that the Construction Manager will provide a minimum of 48 hours of notice for required site visits, and will collect, review and file all inspection and testing reports.

BC will provide assistance up to the task budget. For budgeting purposes, it is assumed that BC will provide up to twelve (12) trips and up to 96 hours of site visits and inspections up to the limit of the task budget. This includes time for inspection report preparation and data organization.

Task 7.5 – Design Clarifications and Changes
Additional project coordinating and/or clarification may be needed during construction. This may include changes to the original design, or changes in the project schedule and prioritization, and the direction is often provided in the form of a design clarification. BC has budgeted for 80 hours to assist in developing the design clarifications and/or design changes. BC will provide assistance up to the task budget. This task will not be used until authorized by the City’s Project Manager.

Task 7.6 – Contract Change Order Assistance
BC shall review proposed construction change orders involving design intent including providing design details. It is assumed that Construction Manager will meet with the Contractor to negotiate the change order impact to the construction contract. For budgeting purposes, BC will provide up to 40 hours of assistance up to the task budget.

Task 7.7 – Construction Meetings
This task consists of preparing for and attending construction meetings. It is assumed that the Construction Manager will conduct weekly construction meetings during the active construction period and will develop and distribute minutes from the meetings summarizing the discussion, decisions and action from the meetings. BC will provide assistance up to the task budget.

For budgeting purposes, BC has estimated the construction duration at 10 months. The BC project manager and up to two key staff will attend weekly meetings during the construction period (1 meeting per month in person; 3 meetings per month via Teams). This results in attendance at up to 10 in-person meetings, and 30 virtual meetings. Meetings have been estimated at 4 hours per onsite meeting and 1 hour per virtual meeting, including limited follow-up activities.

Task 7.8 – Startup and Testing
Startup and testing the new facilities will be planned and conducted by the Contractor, equipment vendors and the Construction Manager. BC will assist and review the contractor’s startup plan,

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schedule and procedures. BC will be available to witness startup and performance testing of each process and review testing data submitted by the Contractor. For budgeting purposes, BC assumes two (2) site visits and up to 32 hours of assistance up to the task budget.

Task 7.9 – Punch List and Closeout
BC shall assist the Construction Manager in project close out and documentation activities on the contract. Activities include preparation of punch lists and final inspections. For budgeting purposes, BC will provide up to 16 hours of assistance including one walk through up to the task budget.

Task 7.10 – Conformed Documents and Record Drawings
BC will provide up to 16 hours of assistance in developing conformed documents and specifications, and 40 hours of assistance in developing record drawings. Record drawings shall be developed from comments on drawings provided by the Contractor and Construction Manager. The comments shall not be field verified by BC. Deliverables will be provided in Adobe PDF format; hard copies will not be provided. BC will provide assistance up to the task budget.

Task 7.11 – Operations Manual and CMMS
BC will provide operations manual and training for new equipment. BC will fill out the City’s CMMS forms for new assets. For budgeting purposes, BC will provide up to 40 hours of assistance up to the task budget.

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Scope of Services for Service Order 2 – Interstage Pumps and Blowers Upgrades
The City is planning to standardize their Plant-Wide electrical system and has contracted ArcSine to design the following systems:
- Convert 2, 400V aeration blowers to 480V equipment
- Convert 2, 400V interstage pumps to 480V equipment
BC will coordinate with ArcSine as directed by the City and provide structural and process mechanical design services to complete the above design. Other design disciplines, such as civil, electrical, instrumentation, and network communications are not a part of this project. Based on the scope of work document provided by ArcSine, this project scope will complete at the 100% design submittals. BC assumes that ArcSine will package the deliverables between BC and ArcSine so that a consolidated design set will be submitted to the City. Other services, such as bidding and engineering support during construction, etc. are not a part of this project. These services can be developed if desired by the City. The following tasks provide descriptions of the scope of work for this project.

Task 1 – Project Management
Task 1.1 –Project Management
BC will provide project management services including the following:
 Prepare a Project Management Plan
 Prepare a project schedule with milestones (baseline and monthly updates).  Monitor project budget for effort versus progress and keep the City informed of the status.

Identify and mitigate potential overruns in a timely manner.  Participation in biweekly meeting (30-minute duration) with the City’s Project Manager to coordinate the work (assumed BC’s Project Manager and one key staff to attend via Microsoft Teams). It is assumed that BC will prepare agenda and meeting minutes.  Prepare and implement field work safety plan.
 Prepare and submit monthly invoices and monthly progress reports (standard BC format).

Assumptions:
 Work is based on a 12 month schedule for design and bid phase  The budget is based on conducting 24 biweekly meetings.

Deliverables
 12 monthly invoices and progress reports
 24 biweekly meeting agendas and minutes
Task 1.2 –QA/QC
BC will prepare and implement a quality assurance (QA) / quality control (QC) program by conducting reviews of deliverables before they are submitted to the City. Under Task 1.2, the Quality Manager will develop the quality management plan (QMP) and will organize and manage the reviews that will

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be conducted by subject matter experts (SMEs). The quality reviews are budgeted under the technical tasks.

Task 1.3 – Kickoff Meeting
BC will conduct a Kickoff Meeting. BC will prepare an agenda and meeting materials in advance of the meeting and prepare meeting minutes following the kickoff meeting. The Kickoff meeting is assumed to be 2 hours in duration, conducted in person with up to 3 BC key staff.

Task 2 – Pre-Design
After the kickoff meeting, BC will proceed to the pre-design phase and conduct the following activities:
 Review the most recent as-built drawings and the design materials previously prepared by ArcSine for the above-described process areas.
 Conduct site visits, estimated up to two site visits will be conducted by the structural and process mechanical leads.
 Review the last three-year operations data and compare to the equipment capacities.  Discuss process and equipment improvement needs with the Operations Team.  Conduct an equipment and structural condition assessment.  Prepare a Pre-Design Report to document findings from equipment evaluations and condition assessment, AACE Class 5 cost estimate and provide recommendations for upsizing and replacement needs.
 Hold a Pre-Design review meeting to discuss findings, questions and recommendations prior to finalizing the Pre-Design Report.

Deliverables
 Draft Pre-Design Report before the Pre-Design Meeting.  Final Pre-Design Report
Assumptions
 The City to provide consolidated comments of the Draft Pre-Design within 10 business days of receipt.

Task 3 – Process Mechanical Design
After the Pre-Design meeting, BC will proceed to the design task. Design submittals will be provided at 30%, 60%, 90% and 100%, services are described as follows:
30 Percent Design. In this design stage, BC will work directly with ArcSine to complete the 30% design package. The 30% design package will be submitted to the City for review. The City will then provide consolidated comments. BC along with ArcSine will hold a 30% design review meeting with the City within 5 business days after receiving comments. The 30% design deliverable will include:
 Table of contents of technical specifications

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 Cover Sheet – title, sheet index, vicinity map, location maps, notes, other information as necessary
 Process flow diagram
 Preliminary layout and arrangement drawings
60 Percent Design. After the 30% review meeting, BC will proceed with 60% design activities. In this design stage, BC will incorporate comments from the 30% design review meeting and advance the level of details from the 30% design. BC along with ArcSine will hold a 60% design review meeting with the City within 5 business days after receiving comments. In addition to a more detailed 30% design submittal, 60% design deliverable will include:
 Technical specifications
 Equipment arrangement plans, sections and details
 Structural plans, sections and details
 Preliminary rebar detailing
 Mechanical standard details
 Structural standard details
90 Percent Design. After the 60% review meeting, BC will proceed with 90% design activities. In this design stage, BC will incorporate comments from the 60% design review meeting and continue to detail out the design package. BC along with ArcSine will hold a 90% design review meeting with the City within 5 business days after receiving comments. In addition to a more detailed 60% design submittal, 90% design deliverable will include:
 Detailed construction notes
 Detailed connection drawings
Final (100 Percent) Design. After the 90% review meeting, BC will prepare and deliver the final contract document packages for the project based on the resolution of 90% review comments.

These documents will be bid ready, signed and stamped for construction advertisement.

Assumptions
 BC will coordinate with ArcSine on the instrumentation and electrical disciplines.  Update of the cost estimate from Pre-Design task is not included.  Each deliverable will include 1 full size and 4 half size drawings.  Each deliverable will include 2 hard copies of technical specifications.  Two site visits with three key design team members are included in the design phase, BC will utilize the site visit to refine the design.
 New motors analysis is not included.
 The most recent record drawings provided by the City will be used as base drawings for the design.

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Scope of Services for Service Order 3 – High Strength Waste Implementation Plan
The objective of this project is to formulate an implementation plan to incorporate high strength waste, such as fat, oil and grease (FOG) and food waste to the existing solids handling process. It is assumed that pre-processed food waste/organics from the City of Santa Cruz Materials Recovery Facility would be trucked to the site. The study will review the quantity and characteristics of food waste available and evaluate the implications to the digestion process, gas production and the associated process and operations that are needed to blend and process the high strength waste.

The Study will detail how high strength waste can be incorporated into the digesters. The following tasks provide descriptions of the scope of work to achieve the project objective.

Identify and mitigate potential overruns in a timely manner.  Participation in biweekly meeting (30-minute duration) with the City’s Project Manager to coordinate the work (assumed BC’s Project Manager and one key staff to attend via Microsoft Teams). It is assumed that BC will prepare agenda and meeting minutes.  Prepare and implement field work safety plan.
 Prepare and submit monthly invoices and monthly progress reports (standard BC format).

Assumptions:
 Work is based on a 4 month schedule for design and bid phase  The budget is based on conducting 8 biweekly meetings.

Deliverables
 4 monthly invoices and progress reports
 8 biweekly meeting agendas and minutes
Task 1.2 –QA/QC
 BC will prepare and implement a quality assurance (QA) / quality control (QC) program byconduct reviews of deliverables before they are submitted to the City. Under Task 1.2, the Quality Manager will develop the quality management plan (QMP) and will organize and manage the reviews that will be conducted by subject matter experts (SMEs). The quality reviews are budgeted under the technical tasks.

EXHIBIT A

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Task 1.3 – Kickoff Meeting
 BC will conduct a Kickoff Meeting. BC will prepare an agenda and meeting materials in advance of the meeting and prepare meeting minutes following the kickoff meeting. The Kickoff meeting is assumed to be 2 hours in duration, conducted in person with up to 3 BC key staff.

Task 2 – Review of Data and Baseline Development
This objective of this task is to formulate a representative current average solids processing condition. The established condition will be use as a baseline to compare and evaluate the method and quantity to introduce the high strength waste to the digestion system. BC will review the City’s provided current solid handling operations from thickening to power production and the associated operation and maintenance costs. The list of requested items includes the following data sets are requested (ideally in Excel) for three full Fiscal Years up to current/recent days:
 Annual budgets and annual performance against those budgets.  Solids process operational data summarized by either daily totals or averages and laboratory data.
 Pre-processed high strength wastes sources, characteristics, such as ammonia content, volatile solids content, total solids content and calorific value and loads projection.  Example seasonal (at quarter-annual intervals) electric and natural gas bills.  Real-time powers costs.
 Total power consumption and on a by-process-area or by-motor-control-center basis.  Biogas-fueled engine generator operation (hours, output) and maintenance costs for the engine, gas treatment, and any ancillary systems.
 Records of hauled liquid-waste receipts, any associated data collected or input into electronic databases, and revenue from those receipts.
 Most recent design drawings for the solids-handling processes.

In addition to data review, BC will discuss with Operations and Maintenance staff on current solids processing system operation and maintenance challenges. Collected information will be incorporated and present in Workshop #1.

Deliverables
 Draft baseline condition prior to Workshop #1
 Final baseline condition to be presented in progress workshop described in Task 3 and TM described in Task 4.

Assumptions
 The City will provide last three-year solids handling operational data and high strength waste sources and characteristics.
 BC will provide high level review of the three years operations and maintenance data.  Included one site visit with two key project members to discuss and observe solids processing process along with the Plant’s O&M Team.

EXHIBIT A

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Task 3 – High Strength Waste Implementation Evaluations The objective of this task is to evaluate methods and mechanisms that are required to incorporate it to the current solids handling system. The following activities will be conducted by BC to achieve this goal:
 Discuss with the City and summarize the projected (for the next 15 years) high strength waste source, characteristics and quantities.
 Perform mass and heat balance to estimate the future solid handling process and gas production based on the operations data collected from the previous task and the anticipated high strength waste.
 Collect and review current solids handling piping, process equipment and runtime information to identify any potential system and upgrades needed.  Identify the potential location for high strength waste introduction and blending/mixing requirements.
 Perform preliminary sizing and prepare conceptual process tie-in and layout for the solids handling equipment that needs to be upsized.
 Develop a conceptual construction cost estimate (AACE Class 5) based on the preliminary sizing and layout for the high strength waste receiving facility.  Develop return of investment (ROI) and 15-year net present worth analysis (NPW) to compare current operations against the high strength waste incorporation operation.  Toward the end of this task, BC will hold a progress workshop with the City to review findings, questions, recommendations before TM preparation as described in Task 4.

Deliverables
 Findings, costs and drawings to be presented in progress workshop and TM described in Task 4.

Assumptions
 City to provide the anticipated high strength waste sources, characteristics and quantities.  City to provide unit cost data such as high strength waste charging rate, power costs, and operation and maintenance costs.
 Economic analysis does not include non-costs factors.  Design drawings and specifications are not included.
 GHG emissions evaluations are not included in this effort.  Included one site visit with three key project members to discuss and observe solids processing process along with the Plant’s O&M Team.
 Included one progress workshop with three key project members.

Task 4 – Implementation TM
A draft Implementation Technical Memorandum (TM) will be authored summarizing the findings, process conducted and consensus from the previous tasks, meetings and workshops. Recommendations will be described in more detail with benefits, unknowns, risks, and

EXHIBIT A

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any challenges as compared to the Baseline operation. The TM also will present recommended next steps and thresholds that might encourage reconsideration or further refinement. The Draft TM will be submitted for review in advance of the Closeout Meeting and the final TM issued after addressing any written comments as reconciled during that meeting. A close-out meeting will be held to confirm the TM’s conclusions and discuss any comments prior to its finalization.

Deliverables
 Draft TM before the Closeout Meeting.
 Final TM after the Closeout Meeting.

Assumptions
 The City to provide consolidated comments of the Draft TM within 10 business days of receipt.

EXHIBIT A

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Scope of Services for Service Order 4 – State Revolving Fund (SRF) and Grants Support
The project will explore various local, state, and federal funding options. BC will work with the City to identify relevant funding options based on the plant processes, upcoming capital improvement projects (CIPs) and future needs. Our approach is to align the upcoming projects with various funding options and hence the effort is intermittent. It is our understanding that the City is interested in the Clean Water State Revolving Fund (SRF) Green Project Reserve or fund sources for electrical system upgrade. Other examples of grant opportunities include:
 Water Infrastructure Finance and Innovation Act (WIFIA) – EPA  Energy Efficient & Renewable Energy (EERE) – Department of Energy (DOE)  Electric Program Investment Charge (EPIC) - California Energy Commission (CEC)  Waste Diversion/Greenhouse Gas Reduction Grant & Loan Program – CalRecycle Task 1 – Project Management
Project management will be provided for an anticipated 4-month project duration and will consist of a project kickoff meeting, project coordination, monthly status reports, invoicing and implementation of QAQC processes. BC will provide assistance up to the task budget.

Deliverables
 Up to 4 monthly schedule updates, invoices, and status reports  Meeting summary of the project kickoff meeting
Task 2 – Review of Funding Options
The objective of this task is to work with the City to evaluate funding options based on the current and future projects. This task includes:
 Review the list of the City’s current and future (5 year) projects.  Communicate with nationwide company staff and clients to identify successful sources of funding for projects that the City has similar interest.  Identify and evaluate project opportunities that are eligible for funding, which may not be in the current CIPs.
 Identify and summarize potential federal and state wastewater treatment funding options.  Identify and summarize funding pre-requisites, requirements, and deadlines.

Deliverables
 A Summary that presents local, state, and federal funding options for wastewater treatment plants. This Summary will include:
o Pre-requisites, requirements, and deadlines associated with funding options that are applicable for the City.
o A compiled list of grants that have been awarded to comparable wastewater treatment utilities in the past 5 years.

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o Recommendations on funding options to pursue.

Assumptions
 Work with BC to identify current and future plant processes that may qualify the Plant for funding opportunities.
 Work with BC to identify Plant project opportunities that may qualify the Plant for funding opportunities.
 Provide records and documents as needed to support the review of funding options.

Task 3 – Selection and Application of Funding Options
Information provided in Task 2 will be used to narrow down and select applicable funding options.

The following activities are included in this Task:
 BC will assist the City during the selection process by providing input and recommendations, if required.
 Once applicable funding opportunities have been identified, BC will support the City during the application process.
 BC will develop a schedule to summarize the grants, milestones and action items, which will be used to track and maximize the efficiency of the funding application process.  If required, BC will provide support on scope development for future project opportunities.

Deliverables
 Grants application schedule
Assumptions
 BC will provide services up to the limit of the budget.  Provide records and documents as needed to support the funding application.  City is responsible for the application process.
 City will keep track on the application schedules and deadlines.  As requirements for funding applications and grants can vary, BC will provide service up to the approved budget for the project. Engineering services which could be a part of the application requirements are not included in this task.

EXHIBIT A

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Scope of Services for Service Order 5 – Miscellaneous Projects This Service Order will be used to implement miscellaneous projects throughout the WWTF in the future. BC will develop a detailed scope, schedule and fee as the individual project is requested by the City for implementation under this Service Order.

EXHIBIT A

27.39 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 13
EXHIBIT B: FEE SCHEDULE

27.40 CIP Project Budget
Description Budget Estimate Notes
SO1 - Influent and Headworks Infrastructure Project $2,200,000 Condition Assessment, Design and ESDC SO2 - Interstage Pumps and Blowers Upgrades $410,000 Planning and Design SO3 - High Strength Waste Implementation Plan $130,000 Implementation Plan Study SO4 - State Revolving Fund (SRF) and Grants Support $140,000 Budget to review funding options and develop applications SO5 - Misc Projects $400,000 Various projects as requested by the City Total $3,280,000

EXHIBIT B

27.41 Key Staff Members Role Hourly Billing Rate
Marc Nakamoto PM $342
Joey Cheng Lead Engineer/Proc Mech $273
Matt Matasci Proc Mech Staff Eng $175
Chris Peters Civil Lead $304
Xu Zhang Civil Eng $200
Jim DeHart Electrical Lead $275
Christian O'Neil Elec Eng $125
Dan Gagne Structural Lead $267
Michael Russo Structural Eng $141
Forsberg, Dane I&C Lead $167
Christian O'Neil I&C Eng $125
Dave McEwen Odor/HVAC Lead $295
Varun Srinivasan Odor/HVAC Eng $183
Mark Matsumoto Designer $202
David Shroyer Cost Estimator $242
Nitesh Poladia Cost Estimator $262
Cara Ingebrigtsen Project Assistant $190
Anup Shah Monitoring Manager $350
Mike Anderson Quality Reviews (QC) $282
Deanna Tanner Word Processing $145
1 2
3 4
5 6
Notes and Assumptions
Exhibit B
Proposed Rate Table for FY 2022 - 23
Only key staff members for the Service Order 1 are listed in this table. Additional resources will be identified and utilized for other service order after detailed scope development.

A labor multiplier of 3.3 will be used for establishing hourly billing rate for new staff and during annual update of billing rates on the project. Labor rates are inclusive of any local travel (gas or mileage), food, parking and per diem type expenses.

Invoices from subcontractors will be subject to a 5% markup for contract administration and reviews.

Rates shown in the table are rounded to the nearest integer and valid through June 2023. Hourly billing rates are subject to annual adjustments starting July (for July 1 through June 30 cycle).

Travel and lodging expenses for the staff members from out of town (more than 80 mile travel distance) will be reimbursable on the project at cost.

Printing and reproduction costs for technical deliverables will be reimbursable on the project at cost.
1 6/13/2022

EXHIBIT B

27.42 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 14
EXHIBITC: WORK SCHEDULE

27.43 Task Name Start Finish
Notice to Proceed Tue 6/28/22 Tue 6/28/22
Service Order #1 - Headworks and Influent Rehab Tue 6/28/22 Wed 10/18/23 Service Order #2 - Interstage Pumps and Blowers
Upgrades
Wed 7/20/22 Mon 7/3/23
Service Order #3 - High Strength Waste Feasibility Study Fri 1/20/23 Fri 5/12/23 Service Order #4 - State Revolving Fund and Grant
Support
Thu 11/17/22 Wed 11/1/23
Service Order #5 - Miscellaneous Projects Mon 1/9/23 Tue 6/30/26 6/28
Service Order #1 - Headworks and Influent Rehab
Service Order #2 - Interstage Pumps and Blowers Upgrades Service Order #3 - High Strength Waste Feasibility Study Service Order #4 - State Revolving Fund and Grant Support Service Order #5 - Miscellaneous Projects

A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J Half 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Half 2, 2025 Half 1, 2026 Half 2, 2026 City of Santa Cruz Engineering Services Proposed Schedule

Page 1 ends

EXHIBIT C

27.44 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 15
EXHIBIT D: INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 Certificate(s) will show current policy number(s) and effective dates,  Coverage and policy limits will meet, or exceed, requirements below,  The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
 Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:
 COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit.
 PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.  AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
 WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

27.45 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 16
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
 CONTRACTORS’ POLLUTION LIABILITY and/or ASBESTOS POLLUTION LIABILITY (CPL) (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

1. If the services involve lead-based paint or asbestos identification / remediation, the Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

2. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering hazardous materials to be transported by Contractor pursuant to the Agreement. This coverage may also be provided on the Contractors Pollution Liability policy.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy and automobile insurance policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).  PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it.
 NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
 WAIVER OF SUBROGATION
Except for Professional Liability, Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’sfees undersuch insurance. Consultant agreesto obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.  EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is

27.46 Attachment A
City of Santa Cruz Professional Services Agreement for Santa Cruz Wastewater Treatment Facility (WWTF) Capital Improvement Projects
June 2022 (Form Rev.0921) Page 17
available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
 SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
 ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
 CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.  VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). All certificates and endorsements are to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Information may be redacted in the policies specific to listed additional insured, other than the City and policy premiums.

27.47 City Council

AGENDA REPORT
DATE: 06/15/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Public Works
SUBJECT: Contract Renewal with Hope Services, Inc. for the Resource Recovery Facility (PW)
RECOMMENDATION: Motion to authorize and direct the City Manager to execute renewal of an agreement with Hope Services, Inc., (Santa Cruz, CA), in a form approved by the City Attorney, for recycling and litter control services at the City’s Resource Recovery Facility on Dimeo Lane.

BACKGROUND: For the last 24 years, Hope Services, Inc (Santa Cruz, CA) a local rehabilitation-training program has provided employment to developmentally disabled workers through an annual contract with the City of Santa Cruz’s (City) Resource Recovery Facility (RRF) on Dimeo Lane. Under the terms of this agreement, Hope Services workers help sort recycled materials being processed on the City’s single-stream sorting line and help to control litter in and around the RRF.

DISCUSSION: The Hope Services contract enables the City to meet its recycling and diversion objectives by providing supplementary staffing for the sorting equipment the City operates at the RRF. This enables regular City recycling staff to perform a growing list of more specialized duties, such as baler operation, oil and oil filter recycling, operation of loaders and forklifts, and packing and documenting electronic waste. This contract also provides City workers time to sort more difficult materials and reduce contaminants from recycled materials, thereby maximizing sales revenues.

RRF staff continues to work to control the windblown litter problem at the RRF. Windblown litter at the RRF is unsightly, contributes to unsanitary conditions at the site, and is a constant threat to the City’s efforts to remain good neighbors with Wilder Ranch State Park. Hope Services workers assist with picking up litter around the RRF site.

For most of FY 2022, Hope Services was able to provide half staffing due to the pandemic and the reduction on the clients. Currently, two crews are operating at the RRF.

FISCAL IMPACT: The total cost for the entire FY 2023 contract for the RRF is $250,000.

Funding for this contract is included in the proposed FY 2023 Recycling Processing budget within the Refuse Fund. These funds are only available for use in the refuse fund activities and cannot be used for General Fund activities.

28.1 Prepared By:

Eleazar Mejinez
Supervisor of Resource
Recovery
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CONTRACT.PDF

28.2 1
Proposed
Agreement Between
City of Santa Cruz
and HOPE Services for Recycling and Litter Control Services 2022-2023
This agreement is entered into this day of____2022, by the City of Santa Cruz, a Municipal Corporation, and HOPE Services, Inc., a California non-profit Corporation whose address is 220 Lincoln Street, Santa Cruz 95060 (hereinafter referred to as "Contractor").

Recitals
WHEREAS: The City of Santa Cruz is in need of services to provide assistance processing assorted recyclable materials at the 605 Dimeo Lane Resource Recovery Facility, and supplementing the City’s litter control program, and wishes to incorporate the employment of people with disabilities.

WHEREAS: Contractor is willing to provide such services for the purposes set forth herein on the terms and conditions set forth below. In consideration of the mutual covenants herein set forth for the above named project, it is agreed to as follows:

A. DUTIES OF THE CONTRACTOR: The Contractor shall provide the following services:

1. Definitions:

Client: A HOPE Services worker that has a developmental disability or is a person that is in another referral program with the Department of Rehabilitation.

Production Worker: A person working on the recycling line that is not a client. This person could be a Substitute Job Coach or a hired non-client worker who works the same work shift as a HOPE client.

28.3 2
Job Coach: A person on HOPE Service’s staff that supervises HOPE clients, models work behaviors, monitors clients’ interactions, insures client safety, trains clients and is normally scheduled to work on the Recycle Work Crew, sorting 50% of the time.

2. Recycle Work Crew
HOPE intends to provide a minimum of 3 clients and 1 Job Coach each day. HOPE Job Coaches are scheduled to work ½ of their time sorting on the recycling line and ½ of their time coaching clients and handling client relations.

From time to time additional HOPE Services’ clients may work on the recycle line to be assessed for job preferences and suitability for potential inclusion on the recycle line. There is no additional cost to the City for this additional work service.

Work Crew Schedule:
7 hours each day; (9:00 a.m. – 4:00 p.m.), with two (2) ten-minute breaks and one unpaid 30-minute lunch period for a total of 6.5 hours working.

Monday – Friday
Work Crew Duties will include: Separating recyclable items, general clean-up and litter control.

As dictated by the program and facility design, crewmembers may be shifted into other specific jobs that are mutually agreed upon.

Litter Control specifics:
a.) Duties will include: Patrol the approximate 1.5 miles of roads and byways of the Resource Recovery Facility to control plastic bags, litter and other refuse. Litter will be safely within HOPE workers’ reach using City of Santa Cruz provided implements. A map will be provided for our crew of the areas to be targeted. b.) The City of Santa Cruz will provide all equipment, special clothing, rain gear, safety vests, safety cones and the pick up of filled litterbags. c. Hazardous materials or objects over 30 pounds will be flagged for City of Santa Cruz handling.
d.) The City of Santa Cruz will provide safety training on litter control for HOPE Services Job Coaches and HOPE Services workers and daily direction for work start points.
e.) As dictated by the program and facility design, crewmembers may be shifted into other specific jobs upon mutual agreement.

28.4 3
B. COMPENSATION

1. Compensation to be paid to Contractor includes, and the Contractor shall be liable for, all taxes, raises, assessment and other charges levied by any government agency on, or because of, the services performed hereunder.

2. Compensation rates:

Daily Rate:
$432.50 daily rate per crew
C. All services performed shall be in compliance with all applicable laws, including, without limitations, those relating to health and safety, licensing, prevailing wages and the like.

D. In performance of the services described herein, Contractor, its agents, officers, and employees shall be independent contractors of the City of Santa Cruz shall not be treated or considered employees of the City of Santa Cruz.

E. Contractor shall have full and exclusive liability for the payment of any and all taxes and contributions for unemployment insurance retirement benefits, life insurance, pensions, annuities and similar benefits which may now or hereafter be imposed by law with respect to persons employed by the Contractor for performance of service under this agreement.

F. GENERAL PROVISIONS:

1. Workmanship and Supervision. In performance pursuant to this Agreement, Contractor shall provide the highest quality workmanship available. All work shall be performed by personnel directly employed and supervised by the Contractor. Contractor shall provide management and technical supervision as required to implement the work.

2. Equipment and Labor. Contractor shall use and furnish, unless otherwise indicated herein, at its own expense, all labor necessary for the satisfactory performance of the work set forth in this Agreement. City of Santa Cruz to provide all recycle equipment and the following safety equipment for Contractor's recycle crew workers: gloves, earplugs, and safety eye wear. City of Santa Cruz will also provide sufficient space for lockers and a worker break area.

28.5 4

3. Holidays. The following days are statutory holidays on which Contractor shall not be obligated to perform any service:

Annual Picnic
Additionally, HOPE Services Workers will be required to work only until 11:30am on the day of the HOPE Services Annual Picnic unless other agreements are made previous to the date, which is yet to be announced.

4. Security: Contractor shall comply with the City of Santa Cruz’s regular security regulations, including but not limited to:
a. All employees of Contractor will have identification materials in the possession of the Job Coaches.
b. Contractor shall follow and modify as necessary an
Illness and Injury Prevention Program (I.I.P.P.)
G. HOLD HARMLESS: All Officers, agents, employees, subcontractors, their agents, officers, and employees who are hired by Contractor to perform pursuant to this Agreement, shall be deemed officers, agents, employees and subcontractors of Contractor. Contractor shall indemnify, defend, save, and hold harmless, the City of Santa Cruz, its officers, agents and employees from any and all law suits, damages, liability, claims or costs of any nature whatsoever arising out of, or resulting from, either directly or indirectly, the performance of this Agreement to the maximum extent allowed by law.

H. INSURANCE: Contractor shall secure, maintain in full force and effect, and bear the costs of complete Workers' Compensation Insurance, in accordance with the Labor Code, for the duration of the Agreement, and shall furnish to the City of Santa Cruz, prior to the execution of the Agreement, a Certificate of Insurance which meets the requirements of the Labor Code. The City of Santa Cruz, or any of its officers or employees, will not be responsible for any claims or law suits or equity occasioned by the failure of Contractor to comply with the provisions of this Paragraph.

Independence Day
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President's Day
Memorial Day

28.6 5
Contractor shall maintain in force public liability and property damage insurance, ample in amount to cover all awards of judgments for any death, injury, loss or damage arising out of the performance of the work by Contractor.

Business, Auto and Public Liability Insurance shall be in the amount of not less than One Million Dollars and No Cent ($1,000,000.00) for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars and No Cent ($1,000,000.00) per occurrence.

Contractor shall file with the City of Santa Cruz, prior to execution of the Agreement, a Certificate of Insurance issued by the insurance carrier certifying that the stipulated insurance policies are in effect and that thirty (30) days written notice will be given to the City of Santa Cruz prior to cancellation or reduction in coverage thereof. The City of Santa Cruz, its officers, employees, and agents shall be named as additional insureds under the policies.

The City of Santa Cruz, its agents, officers, and/or employees shall not be liable or responsible for any accident, loss or damage as a result of the work in the Agreement or costs of expense in law or equity arising out of damages to property or personal injury by reason of or in the course of performing Contractor's responsibilities under this Agreement.

I. PAYMENT TERMS: Total compensation depends on the total number of days approved and worked and shall be paid to Contractor bi-monthly, payable on or before the fifteenth and thirtieth day of the month following the month service is performed.

Contractor shall submit all invoices per City of Santa Cruz accounts payable schedule. City of Santa Cruz agrees to pay Contractor according to the payment schedule in this contract for each day approved and worked during the term of the Agreement as total compensation for all services rendered herein. Payment for all services contained in this Agreement is for all labor services, supervision, quality assurance and performance. Contractor agrees to perform all service herein in a workmanlike manner.

J. GENERAL: No member, officer, or employee of City of Santa Cruz, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof and Contractor agrees not to allow, permit, grant, transfer or otherwise do anything which will result in such member, officer, or employee of the City of Santa Cruz from having such interest.

K. LAW GOVERNING: This Agreement shall be governed by the laws of the State of California. Any suit brought by either party against the other arising out of the

28.7 6
performance of this Agreement shall be filed and maintained in the Superior Municipal Court for the County of Santa Cruz.

L. MODIFICATION OF AGREEMENT: This Agreement may be modified only by a written amendment signed by both parties hereto. A thirty (30) day written notice will be provided in the event of an increase or decrease in average crew number.

M. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City of Santa Cruz, and any attempt by Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

N. ENTIRE AGREEMENT: This Agreement represents the entire understanding of the parties as to these matters, contained herein. No prior oral or written under-standing shall be of any force or effect with respect to these matters covered hereunder.

O. CIVIL RIGHTS COMPLIANCE: Contractor must be in compliance with the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, which prohibits employment discrimination on the basis of race, color, religion, sex, national origin, or age. In addition, Contractor will not discriminate in employment on the basis of physical handicap or sexual orientation. This requirement shall apply (but not be limited) to: recruitment, employment, promotion, demotion, transfer, compensation, training and termination. Contractor should also maintain an affirmative action plan to ensure that applicants are employed and that employees are treated during employment without regard to sex their race, color, religion, sex national origin, age, physical handicap or sexual orientation. In the event of the Contractor's noncompliance with this clause, Contractor may be declared ineligible for further contracts with the City of Santa Cruz.

P. CANCELLATION: Notwithstanding any other provisions of this Agreement to the contrary, this Agreement may be terminated at any time by either party upon thirty (30) days written notice as follows:

Contractor: R Regional Manager of Vocational Services
Hope Services
S Heather Perez, (831) 600- 1512/Cell 650-703-6309
220 Lincoln Street
Santa Cruz, CA., 95060

28.8 7
City of Santa Cruz: Public Works Director
City of Santa Cruz
809 Center Street, Room 201
Santa Cruz. CA. 95060
Q. TERM: This Agreement shall be for the period of twelve (12) consecutive calendar months, commencing on the 1st day of July 2022 and ending on the last day of June, 2023, unless otherwise terminated, as provided herein.

In Witness Whereof, the parties hereto have executed this Agreement on the date first above written in the City of Santa Cruz, California.

City of Santa Cruz: City of Santa Cruz,
809 Center Street
Santa Cruz, CA. 95060
By: _______________
Matt Huffaker
City Manager
Contractor: Hope Services, a private, non-profit
corporation
By: ________________
Hope Services’ CFO Clayton Ng
Approved as to Form: __________________________ Date: _________________ City Attorney rev. 06/03//22

28.9 City Council

AGENDA REPORT
DATE: 06/15/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Public Works
SUBJECT: Purchase of Side Loader Refuse Truck (PW)
RECOMMENDATION: Motion authorizing the purchase of one dual commodity side loader refuse truck in the amount of $440,000 from TEC of California (Oakland, CA).

BACKGROUND: The Public Works Department Resource Recovery Division (RRD) has a vehicle replacement schedule built into the current refuse rates. In FY 2023, RRD has one dual commodity side load refuse collection vehicle that exceeds the recommended replacement criteria and is programmed for exchange. The side loader vehicle services residential areas in the city limits.

DISCUSSION: The Refuse Fund schedules a seven-year replacement cycle for collection vehicles as, at the seven-year mark, these vehicles have collected approximately 7 million residential carts. Factoring in the extreme service demands placed on these vehicles, fleet records indicate that after seven years, the maintenance costs begin to outpace the value of the vehicle and, coupled with the steep drop in trade-in value, seven years is the optimum replacement schedule for collection vehicles. One vehicle, a side loader that services residential collection, meets the replacement criteria this year.

The Resource Recovery and Fleet Maintenance Divisions work together when determining the replacement of the refuse fleet vehicles. The recommended replacement is the Labrie Automizer with HD right-hand arm, dual commodity body with a Mack MP7-325 HP chassis as this configuration shares several components with the City's current vehicle configurations so the Fleet Division will be familiar with maintaining and repairing it.

While an electric side loader vehicle is currently manufactured, it can only be made with a single commodity body, and the RRD operation must have a two commodity body. Since the two commodity truck is essentially two full steel bodies and hydraulic systems, the full weight of that vehicle is too much for the electric chassis, and the extra draw on the electrical batteries would not allow the vehicle to complete any of the City's residential routes. However, the RRD is actively moving to update the sustainability of its fleet. Currently, the RRD is waiting for three new electric refuse trucks and is expecting delivery in fall 2022. The RRD operates seven CNG refuse vehicles, and the bulk of the fleet currently uses renewable diesel, which reduces vehicle emissions such as NOx, particulates, CO and hydrocarbons and now rival the numbers of alternative fuels. With this type of vehicle, the RRD can now continue to reduce emissions without the added cost of alternative fuel vehicles.

29.1 Section 3.08.170 of the purchasing ordinance allows the City to use cooperative purchasing agreements when feasible. The City is one of over 50,000 member agencies of Sourcewell.

Sourcewell conducts national competitive solicitations for common products and is able to obtain greater discounts that the City could obtain on its own. Both Mack and Labrie are listed in Sourcewell and TEC of California, Oakland is their authorized dealership. Staff requests that City Council authorize the purchase of this refuse truck from TEC of California Oakland CA, in the amount of $440,000.

FISCAL IMPACT: The purchase price of one dual commodity side loader including sales tax is $440,000. Funds for the FY 2023 purchase of this refuse collection vehicle is included in the approved Refuse Enterprise Fund budget. These funds are only available for use in the refuse fund activities and cannot be used for General Fund activities.

Prepared By:

Manuel Ortiz
Superintendent of Resource
Recovery Collection
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

29.2 City Council

AGENDA REPORT
DATE: 06/15/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Public Works
SUBJECT: Recycling Center Concrete Floor Upgrade 2022 (c401811) – Advertise for Bids and Award Contract (PW)
RECOMMENDATION: Motion to approve the plans and specifications for the Recycling Center Concrete Floor Upgrade 2022 (c401811) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.

BACKGROUND: The City of Santa Cruz (City)’s Resource Recovery Facility (RRF) includes a sanitary landfill and Recycling Center. The Recycling Center includes a Public Tipping Area for customer drop-off, and a tipping pad within the recycling tent for the City’s collections truck to unload collected mixed recycling to be mechanically and manually sorted then baled for shipment off site. Due to the wear and tear caused by heavy equipment usage around the recycling center to transport collected and baled material, various sections of the concrete floors are now in need of replacement.

DISCUSSION: The improvements to the facility will include replacing two areas of concrete flooring; a 171 square-foot L-shaped strip of the recycling tipping pad, and a 1,044 square-foot area where roll-off bins are used by the public tipping area. Installing these new sections of concrete floors in these two areas will ensure the recycling center continues to operate safely and efficiently.

Plans and specifications can be found online at www.cityofsantacruz.com/publicworksprojects.

FISCAL IMPACT: The total project cost is estimated at $120,000. Funds are available in the FY 2023 Refuse Fund CIP project, Recycling Center Concrete Floor Upgrade 2022 (c401811).

There is no impact to the General Fund.

Prepared By:

Scott Glucs
Assistant Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

30.1 City Council

AGENDA REPORT
DATE: 06/15/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Public Works
SUBJECT: Lincoln Property Group, BOZ SC Riverfront LLC (508 Front Street) – Approve Parcel Map (PW)
RECOMMENDATION: Resolution to approve the Parcel Map for Lincoln Property Group, BOZ SC Riverfront LLC. Subdivision (508 Front Street), and authorize the City Manager to execute the Subdivision Agreement in a form approved by the City Attorney.

BACKGROUND: At its January 12, 2021 meeting, City Council approved the tentative map for the BOZ SC Riverfront LLC Subdivision. Lincoln Property Group, BOZ SC Riverfront LLC Subdivision proposed a lot line adjustment to create one lot for condominium purposes at 508 Front Street.

DISCUSSION: Staff has reviewed the parcel map and improvement plans for BOZ SC Riverfront LLC Subdivision, and found it is conformance with the state and local regulations.

FISCAL IMPACT: None.

Prepared By:

Curtis Busenhart
Engineering Associate
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. VICINITY MAP.PDF

3. PARCEL MAP.PDF

31.1 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING THE PARCEL MAP FOR CONDOMINIUM PURPOSES, BOZ SC RIVERFRONT, LLC.

AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE

SUBDIVISION AGREEMENT WITH LINCOLN PROPERTY GROUP, BOZ SC RIVERFRONT OWNER, LLC.

WHEREAS, the City Council of the City of Santa Cruz has reviewed the Parcel Map for the BOZ SC Riverfront LLC Subdivision (508 Front Street); and WHEREAS, Staff has found that the Parcel Map are in conformance with State and local regulations;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the Map for 1611, SC Riverfront, LLC (508 Front Street), be and is hereby approved, as presented to the Council this date.

BE IT FURTHER RESOLVED by the City Council of the City of Santa Cruz that the City Manager, be and is hereby authorized and directed to execute the BOZ SC Riverfront LLC Subdivision Agreement with Lincoln Property Group, BOZ SC Riverfront Owner, LLC.

PASSED AND ADOPTED this 28th day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: ____________________________
Bonnie Bush, City Clerk Administrator

31.2 31.3

31.4 31.5

31.6 City Council

AGENDA REPORT
DATE: 06/15/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Public Works
SUBJECT: Housing Matters Hygiene Bay Remodel Project (c102205) – Bid Protest and Award of Contract (PW)
RECOMMENDATION: Motion to overrule the May 25, 2022 bid protest submitted by CRW Industries (Scotts Valley, CA) and to award the Housing Matters Hygiene Bay Remodel Project (c102205) to Selden & Son (Watsonville, CA) or reject all bids.

BACKGROUND: In February 2022, City Council approved the plans and specifications for the Housing Matters Hygiene Bay Remodel Project (c102205) and to advertise the project for bids and award. The City Manager was authorized to execute the contract in a form approved by the City Attorney. The Public Works Director was authorized to execute change orders within the approved project budget. The project was advertised for four weeks and three bids were received on May 12, 2022. The bids received were:
- CRW Industries, Inc. (Scotts Valley, CA): $1,059,461.00 - CWS Construction (Novato, CA): $1,195,000.00
- Selden & Son (Watsonville, CA): $1,359,800.00
DISCUSSION: CRW Industries, Inc. (CRW) was the apparent low bidder at the time of bid opening. City of Santa Cruz (City) staff sent out Notice of Intent to Award (NOI) letters on May 16, 2022 notifying all three bidders of the City’s intent to award the project to CRW Industries after determining that all the bid packets were complete. Unsuccessful bidders had five days from the date of receipt of the NOI letter to protest the bid results, as stated in the City’s Municipal Code, Section 3.08.250, Bid Protests.

As part of their due diligence in determining that CRW’s bid was responsive, City staff and the project design team then reviewed the subcontractor work of the bid packet. At issue was whether or not CRW could perform the epoxy installation required for the project in accordance with the project specifications. The manufacturer of the specified epoxy product informed City staff that CRW is not a certified installer of their product and therefore, it would not issue the project-specified joint labor and material warranty. When City staff inquired if CRW could become a certified installer, the manufacturer responded that it will not be issuing more product installation certificates at the moment. As such, CRW is not certified to perform this work nor did it list a subcontractor certified to do so in its bid and therefore City staff found CRW bid nonresponsive.

32.1 Upon further review, the second lowest bidder, CWS Construction, also is not a certified installer of this epoxy product nor did it list a subcontractor certified for installation in its bid. As such, City staff found CWS Construction’s bid non-responsive.

Selden & Son is the only bidder that listed a subcontractor who is certified by the manufacturer to install the specified epoxy product and obtained the required warranty. City staff sent a second NOI letter on May 24, 2022 notifying all three bidders that the City intends to award the project to Selden & Son. The City explained that the two lowest bidders did not either list a certified subcontractor or themselves hold the certification required for the epoxy coating system in the project specifications, therefore rendering their bids non-responsive.

The City received a bid protest letter from CRW Industries on May 25, 2022. The letter stated that CRW intends to self-perform all work not listed as subcontract work and certification for the installation of the product is only required at the time of installation. Again, City staff has verified with the project-specified epoxy product manufacturer that CRW will not be able to obtain both the certification to install the epoxy coating system and the joint labor and material warranty by the time of installation.

CRW’s bid protest letter also stated that listing a sole-source product is not allowed. The project specifications did allow bidders to request an alternative equivalent to the specified epoxy product during the 4-week bidding period. CRW never submitted a request for approval of an alternative equivalent for the epoxy product.

Selden and Son issued a response to CRW’s bid protest on June 8, 2022. The City responded to CRW’s bid protest on June 10, 2022. CRW issued another response letter on June 14, 2022.

The specified epoxy product was recommended by a waterproofing consultant for the project and chosen for its durability and ease of maintenance and cleaning. The epoxy coating system and its warranty are a critical part of the Hygiene Bay project. Staff recommends the bid protest be overruled and that City Council award the contract to Selden & Son for their responsive bid or reject all bids.

FISCAL IMPACT: The bid amount to be awarded to Selden & Son is $1,359,800. The project is funded by American Rescue Plan Act through the Housing Matters Hygiene Bay Remodel Project (c102205) CIP project. There is no impact to the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CITY OF SANTA CRUZ NOTICE OF INTENT TO AWARD (MAY 16, 2022).PDF

2. CITY OF SANTA CRUZ NOTICE OF INTENT TO AWARD (MAY 24, 2022).PDF

3. CRW INDUSTRIES BID PROTEST LETTER (MAY 25, 2022).PDF

4. CITY OF SANTA CRUZ RESPONSE LETTER (JUNE 10, 2022).PDF

5. CRW INDUSTRIES RESPONSE LETTER (JUNE 14, 2022).PDF

6. SELDEN AND SON RESPONSE LETTER (JUNE 8, 2022).PDF

32.2 32.3
GRAND TOTAL $ 1,800,000.00 GRAND TOTAL $ 1,359,800.00 GRAND TOTAL $ 1,195,000.00 GRAND TOTAL $ 1,059,461.00 Listed Subcontractors Elements Manufacturing Casework Wet Walls IR Painting Paint Elements Manufacturing Casework R. Brothers Waterproofing Co. Epoxy Floor, Epoxy Walls Murphy Specialties Specialties Alcal Specialty Contracting Inc. Insulation Coast Counties Glass, Inc. Toilet Partition, Toilet Accessories Compass Striping Murphy Specialties Inc Restroom Accessories Graaskamp Painting Painting Concrete Resurfacing System Epoxy Ciari Plumbing & Heating Plumbing Conklin Bros Flooring AMG Demo Della Mora Heating Sheet Metal, Inc. HVAC Geo. H. Wilson Plumbing, Mechanical Top Notch Mechanical HVAC John Hope Electric Electrical Triad Electric Electrical, Fire Alarm Get Piped Plumbing Collins Electrical Electrical
B-K Mill Casework
B.T. Mancini Flooring

BID RESULTS
HOUSING MATTERS HYGIENE BAY REMODEL PROJECT (c102205)
CWS Construction CRW Industries
(Apparaent Low Bidder) ENGINEER'S ESTIMATE Selden and Son Bid Opening: Thursday, May 12, 2022 2:00 PM

CITY OF SANTA CRUZ
5/16/2022 PAGE 1 OF 1 HOUSING MATTERS HYGIENE BAY REMODEL PROJECT 32.4

32.5 GRAND TOTAL $ 1,800,000.00 GRAND TOTAL $ 1,359,800.00 GRAND TOTAL $ 1,195,000.00 GRAND TOTAL $ 1,059,461.00 Listed Subcontractors Elements Manufacturing Casework Wet Walls IR Painting Paint Elements Manufacturing Casework R. Brothers Waterproofing Co. Epoxy Floor, Epoxy Walls Murphy Specialties Specialties Alcal Specialty Contracting Inc. Insulation Coast Counties Glass, Inc. Toilet Partition, Toilet Accessories Compass Striping Murphy Specialties Inc Restroom Accessories Graaskamp Painting Painting Concrete Resurfacing System Epoxy Ciari Plumbing & Heating Plumbing Conklin Bros Flooring AMG Demo Della Mora Heating Sheet Metal, Inc. HVAC Geo. H. Wilson Plumbing, Mechanical Top Notch Mechanical HVAC John Hope Electric Electrical Triad Electric Electrical, Fire Alarm Get Piped Plumbing Collins Electrical Electrical
B-K Mill Casework
B.T. Mancini Flooring

BID RESULTS
HOUSING MATTERS HYGIENE BAY REMODEL PROJECT (c102205)
CWS Construction CRW Industries
(Apparaent Low Bidder) ENGINEER'S ESTIMATE Selden and Son Bid Opening: Thursday, May 12, 2022 2:00 PM

CITY OF SANTA CRUZ
5/16/2022 PAGE 1 OF 1 HOUSING MATTERS HYGIENE BAY REMODEL PROJECT 32.6

32.7 GRAND TOTAL $ 1,800,000.00 GRAND TOTAL $ 1,359,800.00 GRAND TOTAL $ 1,195,000.00 GRAND TOTAL $ 1,059,461.00 Listed Subcontractors Elements Manufacturing Casework Wet Walls IR Painting Paint Elements Manufacturing Casework R. Brothers Waterproofing Co. Epoxy Floor, Epoxy Walls Murphy Specialties Specialties Alcal Specialty Contracting Inc. Insulation Coast Counties Glass, Inc. Toilet Partition, Toilet Accessories Compass Striping Murphy Specialties Inc Restroom Accessories Graaskamp Painting Painting Concrete Resurfacing System Epoxy Ciari Plumbing & Heating Plumbing Conklin Bros Flooring AMG Demo Della Mora Heating Sheet Metal, Inc. HVAC Geo. H. Wilson Plumbing, Mechanical Top Notch Mechanical HVAC John Hope Electric Electrical Triad Electric Electrical, Fire Alarm Get Piped Plumbing Collins Electrical Electrical
B-K Mill Casework
B.T. Mancini Flooring

BID RESULTS
HOUSING MATTERS HYGIENE BAY REMODEL PROJECT (c102205)
CWS Construction CRW Industries
(Apparaent Low Bidder) ENGINEER'S ESTIMATE Selden and Son Bid Opening: Thursday, May 12, 2022 2:00 PM

CITY OF SANTA CRUZ
5/16/2022 PAGE 1 OF 1 HOUSING MATTERS HYGIENE BAY REMODEL PROJECT 32.8

32.9 GRAND TOTAL $ 1,800,000.00 GRAND TOTAL $ 1,359,800.00 GRAND TOTAL $ 1,195,000.00 GRAND TOTAL $ 1,059,461.00 Listed Subcontractors Elements Manufacturing Casework Wet Walls IR Painting Paint Elements Manufacturing Casework R. Brothers Waterproofing Co. Epoxy Floor, Epoxy Walls Murphy Specialties Specialties Alcal Specialty Contracting Inc. Insulation Coast Counties Glass, Inc. Toilet Partition, Toilet Accessories Compass Striping Murphy Specialties Inc Restroom Accessories Graaskamp Painting Painting Concrete Resurfacing System Epoxy Ciari Plumbing & Heating Plumbing Conklin Bros Flooring AMG Demo Della Mora Heating Sheet Metal, Inc. HVAC Geo. H. Wilson Plumbing, Mechanical Top Notch Mechanical HVAC John Hope Electric Electrical Triad Electric Electrical, Fire Alarm Get Piped Plumbing Collins Electrical Electrical
B-K Mill Casework
B.T. Mancini Flooring

BID RESULTS
HOUSING MATTERS HYGIENE BAY REMODEL PROJECT (c102205)
CWS Construction CRW Industries
(Apparaent Low Bidder) ENGINEER'S ESTIMATE Selden and Son Bid Opening: Thursday, May 12, 2022 2:00 PM

CITY OF SANTA CRUZ
5/16/2022 PAGE 1 OF 1 HOUSING MATTERS HYGIENE BAY REMODEL PROJECT 32.10

32.11 GRAND TOTAL $ 1,800,000.00 GRAND TOTAL $ 1,359,800.00 GRAND TOTAL $ 1,195,000.00 GRAND TOTAL $ 1,059,461.00 Listed Subcontractors Elements Manufacturing Casework Wet Walls IR Painting Paint Elements Manufacturing Casework R. Brothers Waterproofing Co. Epoxy Floor, Epoxy Walls Murphy Specialties Specialties Alcal Specialty Contracting Inc. Insulation Coast Counties Glass, Inc. Toilet Partition, Toilet Accessories Compass Striping Murphy Specialties Inc Restroom Accessories Graaskamp Painting Painting Concrete Resurfacing System Epoxy Ciari Plumbing & Heating Plumbing Conklin Bros Flooring AMG Demo Della Mora Heating Sheet Metal, Inc. HVAC Geo. H. Wilson Plumbing, Mechanical Top Notch Mechanical HVAC John Hope Electric Electrical Triad Electric Electrical, Fire Alarm Get Piped Plumbing Collins Electrical Electrical
B-K Mill Casework
B.T. Mancini Flooring

BID RESULTS
HOUSING MATTERS HYGIENE BAY REMODEL PROJECT (c102205)
CWS Construction CRW Industries
(Apparaent Low Bidder) ENGINEER'S ESTIMATE Selden and Son Bid Opening: Thursday, May 12, 2022 2:00 PM

CITY OF SANTA CRUZ
5/16/2022 PAGE 1 OF 1 HOUSING MATTERS HYGIENE BAY REMODEL PROJECT 32.12

32.13 GRAND TOTAL $ 1,800,000.00 GRAND TOTAL $ 1,359,800.00 GRAND TOTAL $ 1,195,000.00 GRAND TOTAL $ 1,059,461.00 Listed Subcontractors Elements Manufacturing Casework Wet Walls IR Painting Paint Elements Manufacturing Casework R. Brothers Waterproofing Co. Epoxy Floor, Epoxy Walls Murphy Specialties Specialties Alcal Specialty Contracting Inc. Insulation Coast Counties Glass, Inc. Toilet Partition, Toilet Accessories Compass Striping Murphy Specialties Inc Restroom Accessories Graaskamp Painting Painting Concrete Resurfacing System Epoxy Ciari Plumbing & Heating Plumbing Conklin Bros Flooring AMG Demo Della Mora Heating Sheet Metal, Inc. HVAC Geo. H. Wilson Plumbing, Mechanical Top Notch Mechanical HVAC John Hope Electric Electrical Triad Electric Electrical, Fire Alarm Get Piped Plumbing Collins Electrical Electrical
B-K Mill Casework
B.T. Mancini Flooring

BID RESULTS
HOUSING MATTERS HYGIENE BAY REMODEL PROJECT (c102205)
CWS Construction CRW Industries
(Apparaent Low Bidder) ENGINEER'S ESTIMATE Selden and Son Bid Opening: Thursday, May 12, 2022 2:00 PM

CITY OF SANTA CRUZ
5/16/2022 PAGE 1 OF 1 HOUSING MATTERS HYGIENE BAY REMODEL PROJECT 32.14

32.15 P U B L I C W O R K S D E P A R T M E N T
809 Center Street, Room 201, Santa Cruz CA 95060 • 831 420-5160 • Fax: 831 420-5161

VIA EMAIL
June 10, 2022
Bill Burr, President ([email protected])
CRW Industries, Inc.
5346 Scotts Valley Drive Ste E
Scotts Valley, CA 95066
Re: Housing Matters Hygiene Bay Remodel Project (c102205) – Bid Protest
Mr. Burr:

The City has received CRW Industries’ May 25th, 2022 bid protest letter for the subject project. Please find the City’s response to the letter’s contentions below –

1. The City is rejecting CRW’s bid on the grounds of not meeting the requirement in Section 09 8510-1.05A of the project specifications. The requirement states that the epoxy installer must have experience in installing the specified product, Dex O Tex, which offers a joint labor and material warranty with manufacturer of primary materials. CRW did not list a subcontractor to perform the epoxy installation at the time of bid submittal on May 12, 2022. They also stated that they will self-perform any work that they did not list a subcontractor for in an email dated May 18, 2022. CRW’s May 25, 2022 bid protest letter has reiterated they will self-perform any work that did not have a subcontractor listed.

When staff checked with the Dex O Tex representative to ensure CRW can install this product, they indicated that CRW is not a certified installer with them, therefore, Dex O Tex will not issue a joint labor and material warranty. When staff inquired if it is possible for CRW to become a certified installer in time for the product installation to begin, the representative indicated that they have enough installers and will not be issuing product installation certificates to contractors at the moment.

2. The bid protest letter also stated that listing a sole-source product is not allowed during public bidding. The project specifications did allow bidders to request an alternative equivalent. Section 09 8510 – 1.05B states that “Request for material approvals for any products other than the specified products must be submitted to the architect two weeks prior to the bid, including complete application specification, physical characteristics, and chemical resistance data. Any request after this date will not be accepted.” CRW never submitted a request for approval of an alternative equivalent for this material.

32.16 32.17
From: Jill Haley
To: Hoi Yu
Subject: RE: Hygiene Bay - Bid Breakdown
Date: Wednesday, May 18, 2022 11:17:31 AM
Hi Hoi,
We provided all the subcontractors’ bid amounts in our bid. All other items are performed by us.

Please let me know what other information is needed.

Thank you,
Jill Haley
CRW Industries, Inc.

Project Administrator, Labor Compliance
Cell: 831-234-5403
Office: 831-426-0743 x1004
Fax: 831-466-9597
From: Hoi Yu <[email protected]>
Sent: Wednesday, May 18, 2022 11:15 AM
To: Jill Haley <[email protected]>
Subject: Hygiene Bay - Bid Breakdown
Hi Jill,
Hope you’re doing well. Our architectural consultant are reviewing the bids and are requesting a breakdown of the bid to see where the numbers are coming from before the contract is awarded.

Can you provide that at your earliest convenience? Please let me know if you have any questions or need anything else.

Thanks,
Hoi
831-420-5427

32.18 32.19

32.20 32.21

32.22 32.23

32.24 GRAND TOTAL $ 1,800,000.00 GRAND TOTAL $ 1,359,800.00 GRAND TOTAL $ 1,195,000.00 GRAND TOTAL $ 1,059,461.00 Listed Subcontractors Elements Manufacturing Casework Wet Walls IR Painting Paint Elements Manufacturing Casework R. Brothers Waterproofing Co. Epoxy Floor, Epoxy Walls Murphy Specialties Specialties Alcal Specialty Contracting Inc. Insulation Coast Counties Glass, Inc. Toilet Partition, Toilet Accessories Compass Striping Murphy Specialties Inc Restroom Accessories Graaskamp Painting Painting Concrete Resurfacing System Epoxy Ciari Plumbing & Heating Plumbing Conklin Bros Flooring AMG Demo Della Mora Heating Sheet Metal, Inc. HVAC Geo. H. Wilson Plumbing, Mechanical Top Notch Mechanical HVAC John Hope Electric Electrical Triad Electric Electrical, Fire Alarm Get Piped Plumbing Collins Electrical Electrical
B-K Mill Casework
B.T. Mancini Flooring

BID RESULTS
HOUSING MATTERS HYGIENE BAY REMODEL PROJECT (c102205)
CWS Construction CRW Industries
(Apparaent Low Bidder) ENGINEER'S ESTIMATE Selden and Son Bid Opening: Thursday, May 12, 2022 2:00 PM

CITY OF SANTA CRUZ
5/16/2022 PAGE 1 OF 1 HOUSING MATTERS HYGIENE BAY REMODEL PROJECT 32.25

P U B L I C W O R K S D E P A R T M E N T
809 Center Street, Room 201, Santa Cruz CA 95060 • 831 420-5160 • Fax: 831 420-5161

The City has received CRW Industries’ May 25th, 2022 bid protest letter for the subject project. Please find the City’s response to the letter’s contentions below –

32.26 32.27
From: Jill Haley
To: Hoi Yu
Subject: RE: Hygiene Bay - Bid Breakdown
Date: Wednesday, May 18, 2022 11:17:31 AM
Hi Hoi,
We provided all the subcontractors’ bid amounts in our bid. All other items are performed by us.

Please let me know what other information is needed.

Thank you,
Jill Haley
CRW Industries, Inc.

Can you provide that at your earliest convenience? Please let me know if you have any questions or need anything else.

Thanks,
Hoi
831-420-5427

32.28 32.29

32.30 32.31

32.32 32.33

32.34 32.35
City Council

AGENDA REPORT
DATE: 06/15/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Public Works
SUBJECT: Cell 3B Development Project (c401909) – Consultant Contract Amendment No. 5 (PW)
RECOMMENDATION: Motion to approve Contract Amendment No.5 with Tetra Tech BAS for additional construction management services for the Landfill Cell 3B Development Project (c401909) in the amount of $132,000 and authorize the City Manager to execute the amendment in a form approved by the City Attorney.

BACKGROUND: In July 2006, the City and Tetra Tech BAS (TTBAS, formerly Bryan A.

Stirrat & Associates) entered into a one-year contract for engineering services at the Resource Recovery Facility (RRF), providing consultant services and technical support in design of the cell liners, final cover areas, design of mitigation systems, slope repairs, environmental monitoring services, report writing, etc. On February 2007, City Council authorized the City Manager to execute Contract Amendment No. 1 to extend TTBAS’s engineering services through June 2008. On October 2007, City Council authorized the City Manager to execute Contract Amendment No. 2 to the Agreement with TTBAS in the amount of $634,000 from the Refuse Fund budget to provide design services, engineering quality assurance and construction management services for the development of lined Cell 3 (A and B).

In 2009, the City concluded that the RRF needed a Master Fill Plan in order to develop more accurate volume analysis, site life estimates and fill sequencing. TTBAS was directed to create a Master Fill Plan prior to commencing the design of Cell 3, and the analysis resulted in the extension of fill capacity of the existing fill footprint and determination that construction of Cell 3A could be postponed. Funding for the Master Fill Plan design and analysis came out of Contract Amendment No. 2 in the amount of $80,842.

In 2015, City Council authorized the City Manager to execute Contract Amendment No. 3 in the amount of $99,500 to wrap up the construction management for the Cell 3A Development Project.

On May 12, 2020, City Council authorized the City Manager to execute Contract Amendment No. 4 in the amount of $813,000 to fund the design, permitting, construction management, construction quality assurance, and engineering support services for the installation of Cell 3B and the site’s partial closure.

33.1 DISCUSSION: Due to significant construction challenges last year from rain delays, which led to work stoppage for the winter and restart this spring, the contract work requirements have exceeded the original assumptions. Contract Amendment No. 5 is now needed for the continuation of field support work, quality assurance control, and construction administration for the ongoing construction of Cell 3B. Additional tasks to successfully complete the project include final job walk, preparation of the construction quality assurance report, and project closeout documentation.

Staff recommends approval of Contract Amendment No. 5 of the Agreement with TTBAS in the amount of $132,000 to fully fund the remaining engineering services to complete the Cell 3B Development Project and keep the landfill on track to maximizing its potential life until 2054.

FISCAL IMPACT: The design and engineering support work is funded within the FY 2023 Refuse Fund Capital Improvement Program (c401909). There is no impact to the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CONTRACT AMENDMENT NO. 5.DOC

33.2 CONTRACT AMENDMENT NO. 5

TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN

THE CITY OF SANTA CRUZ AND

TETRA TECH BAS
THIS CONTRACT AMENDMENT NO. 5, effective as of _________, 2022 (“Contract Amendment No. 5”) to the Agreement for Engineering Services dated July 1, 2006, is made by and between the City of Santa Cruz (“City”) and Tetra Tech BAS (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”

1. On July 1, 2006, the City and Consultant entered into an agreement for consultant engineering services for the Resource Recovery Facility (the “Agreement”), incorporated herein by this reference.

2. In February 2007, the Agreement was amended by a Contract Amendment No. 1, incorporated herein by reference, to extend Consultant’s engineering services beyond the original Agreement term.

3. On November 5, 2007, the Agreement was amended by a Contract Amendment No. 2, incorporated herein by reference, in the amount of $634,000 to include engineering services for Cell 3 development including design and construction management at the City’s Resource Recovery Facility. Tetra Tech BAS has completed construction management services, construction quality assurance and engineering support for the construction of Cell 2.

4. On November 29, 2016, the Agreement was amended by a Contract Amendment No. 3, incorporated herein by reference, in the amount of $99,500 to fully fund the engineering support services required to complete the construction of Cell 3A (the first phase of the Cell 3 Development Project). Tetra Tech BAS has completed construction management services, construction quality assurance and engineering support for the construction of Cell 3A.

5. On May 19, 2020, the Agreement was amended by a Contract Amendment No. 4, incorporated herein by reference, in the amount of $813,000 for consulting engineering services for the RRF’s Cell 3B design and construction (the second phase of the Cell 3 Development Project), and partial final closure. The Cell 3B Development includes design of the Cell 3B excavation and liner system, partial final closure, engineering supporting, construction management, and construction quality assurance.

6. Contract Amendment No. 5 to the Agreement is now necessary for the continuation of field support work, quality assurance control, and construction administration for the ongoing construction of Cell 3B, as specified herein.

7. In consideration of the mutual covenant of the parties thereto, the parties do agree and the Agreement is amended as follows:
a. Agreement, Section 4, Fees and Payment, is amended to add payments in the amount of $132,000 as set forth in Table 1 “City of Santa Cruz Landfill – Cell 3B Design, PCFPMP, Construction Administration and CQA Fee Schedule” hereunto attached and made a part hereof of this amendment to the Agreement as Exhibit A.

33.3 8. Notwithstanding these amended terms of the original Agreement by this Contract Amendment No. 5, all other applicable terms and conditions of the original Agreement and attachments, and other prior amendment(s), shall remain in full force and effect. The terms of this Contract Amendment No. 5 shall control if any conflict exists.

9. Each party acknowledges that it has reviewed this Contract Amendment No. 5 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 Contract Amendment No. 5.

10. The unenforceability, invalidity or illegality of any provision(s) of this Contract Amendment No. 5 shall not render the other provisions unenforceable, invalid or illegal.

11. The Parties may execute this Contract Amendment No. 5 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.

12. The signatories to this Contract Amendment No. 5 warrant and represent that each is authorized to execute this Contract Amendment No. 5 and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Contract Amendment No. 5.

IN WITNESS WHEREOF, the parties hereto have executed this Contract Amendment No. 5 on this _____ day of ______________, 20___.

CITY OF SANTA CRUZ TETRA TECH BAS
By: _________________________ By: _____________________________ Title: ________________________ Title: ____________________________ Approved as to Form: _____________________________
City Attorney

33.4 AGENDA REPORT
DATE: 06/15/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Public Works
SUBJECT: Trevethan Ave Storm/Sewer Project – Phase I (c401307, c401810) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Devaney Engineering, Inc (San Francisco, CA) and authorize the filling of the Notice of Completion for the Trevethan Ave Storm/Sewer Project – Phase I (c401307, c401810).

BACKGROUND: At its January 11, 2022 meeting, City Council approved the authorization to advertise this project and authorized the City Manager to execute the contract. On March 8, 2022 the project was awarded to the lowest responsive and responsible bidder, Devaney Engineering, Inc. Construction began on April 13, 2022 and included the installation of a new 30-inch diameter storm drain and associated infrastructure, new 8-inch diameter sanitary sewer to provide more capacity for the sewer system, and the repaving of a deteriorating intersection.

DISCUSSION: The work for this project is now complete. The project has been inspected by staff and found to be completed in accordance with the plans and specifications.

FISCAL IMPACT: The total project cost was $720,000. This project was funded by two Capital Investment Program (CIP) projects (Trevethan Storm Drain Project (c401307) and Trevethan Avenue Sewer c401810)). There is no impact to the General Fund.

Prepared By:

Cina Seyedkazemi
Engineering Technician
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

34.1 (Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

No recording fee is required pursuant to Government Code § 27383.

NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:

The undersigned is an authorized representative of the owner of the interest or estate stated below.

1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City right-of-way

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Trevethan Ave Storm/Sewer Project - Phase I c401307, c401810

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Installing new storm drain infrastructure, replacing sanitary sewer main and laterals, and repaving trenches and intersection.

4. The general site location description or address (the “Property”) of the public improvement is located at: Within the City right-of-way on Trevethan Ave from Soquel Ave to Melrose Ave

5. Name and Address of Contractor. The Contractor on the Project is: Devaney Engineering, Inc. 2655 Van Ness Ave., Suite 3, San Francisco, CA 94109

6. Date of Completion. The Project on the Property was completed on: June 10, 2022

7. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, June 28, 2022
DATE: ___________________
Mark Dettle
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Cina Seyedkazemi
WHEN RECORDED MAIL TO:

City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060

34.2 City Council

AGENDA REPORT
DATE: 06/13/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Water
SUBJECT: Regional Drought Resiliency Project - Implementation Construction Agreement - Budget Adjustment (WT)
RECOMMENDATION: Motion to:
1) Adopt a resolution amending the FY 2022 budget to transfer $1,000,000 within the Water Department's capital budget from the Newell Creek Dam Inlet/Outlet Replacement to a new project for Intertie 1: Santa Cruz – Scotts Valley to be reimbursed through the Multi-Benefit Drought Relief grant program; and
2) Authorize the City Manager to execute an Implementation Construction Agreement, in a form to be approved by the City Attorney, between the City of Santa Cruz and Scotts Valley Water District to implement the grant-funded Regional Drought Resiliency Project.

BACKGROUND: In December 2021, Scotts Valley Water District (SVWD) and the City of Santa Cruz Water Department collaborated on a grant application for funding from the California Department of Water Resources (DWR) 2021 Urban and Multi-Benefit Drought Relief Program.

SVWD served as the applicant for the Regional Drought Resiliency Project (Project) that included two project components: Component 1, an intertie between the drinking water systems of the City of Santa Cruz and SVWD, and, Component 2, a replacement groundwater well in Scotts Valley. In March 2022, SVWD received a Letter of Commitment from DWR for grant funding of up to $9,449,783 with a zero matching funds requirement for the Project, and is preparing to enter into a grant agreement for the Project with DWR.

In addition to construction, the grant funding will support the design and construction of a treated water intertie between the City of Santa Cruz and the SVWD. The intertie will be bi-directional and include a pump station, making it possible to share treated drinking water in emergency situations, such as the relatively recent CZU Lightning Complex fire, and also to potentially support joint conjunctive use of surface water and groundwater resources, and a possible future regional aquifer storage and recovery project.

In 2013, the City partnered on a similar project to develop several emergency interties in north Santa Cruz County. At that time SVWD, serving as lead agency, was granted funding under a California Department of Public Health Proposition 50 Grant. However, construction of “Intertie 1” as it was called at that time was not included and deferred.

35.1 With ongoing interest in conjunctive use and evaluation of regional opportunities, the intertie was evaluated as a programmatic component of the Santa Cruz Water Rights Project Final Environmental Impact Report (EIR) that was certified by City Council in December 2021. A goal of the Water Rights Project was to address the Place of Use limitations in the City’s San Lorenzo River surface water rights and permits in order to enable potential future opportunities for regional collaboration through projects such as water transfers and exchanges.

As shown on the City of Santa Cruz and Scotts Valley Water District Intertie Figure (Project Exhibit), the pipeline alignment and pump station remain very similar to those described in the Water Rights EIR, but will include an additional pipeline segment connecting to the City’s existing Kite Hill Water Tank located in the Pasatiempo area to improve system reliability.

Analysis of the Intertie under the California Environmental Quality Act (CEQA) will tier from the analysis of the Santa Cruz Water Rights Final EIR. Pending further analysis, it is expected that an addendum to the Water Rights FEIR will be prepared to satisfy the requirements of CEQA.

DISCUSSION: The attached draft Implementation Agreement between SVWD and the City has been developed to support implementation of the Project under the grant. Upon execution, the agreement will establish clear roles, responsibilities, financial obligations and other details of project implementation.

Under the agreement, SVWD will serve as the grantee and point of contact with DWR as well as the lead agency for the well component of the Project. The City will serve as the lead agency for the intertie component. As lead agency for the intertie component, the City will be responsible for oversight of design, engineering, permitting and construction activities. Any non-grant reimbursed costs associated with the intertie component of the project will be shared equally by the City and SVWD. Any non-grant reimbursed costs associated with the production well component will be borne by SVWD.

Separate construction agreements, and a separate operation and maintenance agreement for the intertie will be developed between the City and SVWD to define long-term ownership and maintenance of the new assets, operational procedures, regulatory compliance sampling and reporting, and commercial terms and conditions. Those agreements will be brought to City Council for consideration at future dates.

Finalization of design, acquisition of right of way, and permitting will take approximately 12 months (July 2023), bidding and construction would occur from July 2023 to January 2025.

The total estimated cost for intertie including construction is $6,585,108. The project costs are expected to be 100% reimbursed by the grant, requiring no additional funding. The attached Budget Adjustment will allow work to be initiated with reimbursements back to the City anticipated to occur on a quarterly basis.

FISCAL IMPACT: Funds are available in the Water Department’s Capital Investment Program budget within project c701606, Newell Creek Dam Inlet Outlet Replacement Project (NCD IO).

As the NCD IO project enters the last six months of construction and closeout, the contingency budget is being reduced and available for use elsewhere.

35.2 Prepared By:

Kevin Crossley
Senior Professional Engineer
Submitted By:

Heidi Luckenbach
Acting Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. DRAFT IMPLEMENTATION AGREEMENT.PDF

3. PROJECT EXHIBIT.PDF

35.3 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
3XUSRVH

ACCOUNT REVENUE EDEN ACCOUNT TITLE

TOTALREVENUE

ACCOUNT EXPENDITURE EDENACCOUNT TITLE

TOTAL EXPENDITURE
NET: $

REQUESTED BY

DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
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$02817
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Clear Form
2022
05/24/2022
Transfer $1M in budget appropriations to new CIP project, c702205, for Intertie 1: Santa Cruz-Scotts Valley from project c701606, Newell Creek Dam Inlet/Outlet Replacement. 0 711-70-91-7151-57302 c702205-100-2020-0 Intertie 1: Santa Cruz-Scotts Valley 1,000,000 711-70-91-7153-57302 c701606-100-2020-0 NCD I/O Replacement Project -1,000,000 0 0
Digitally signed by Malissa Kaping
DN: cn=Malissa Kaping, o=City of
Santa Cruz, ou=Water
Department,
[email protected]
om, c=US
Date: 2022.05.24 13:20:49 -07'00'
Rosemar
y Menard
Digitally signed by Rosemary Menard
DN: cn=Rosemary Menard, o=Santa Cruz Water
Department, ou=Water Director,
[email protected], c=US
Date: 2022.05.24 13:55:42 -07'00'
Nicholas
Gong
Digitally signed by Nicholas Gong
DN: cn=Nicholas Gong, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2022.06.16 09:43:59 -07'00'
Marisol
Gomez
Digitally signed by Marisol Gomez
DN: cn=Marisol Gomez, o=City of
Santa Cruz, ou=Finance
Department,
[email protected]
m, c=US
Date: 2022.06.16 10:17:28 -07'00'

35.4 -1-

IMPLEMENTATION AGREEMENT

REGIONAL DROUGHT RESILIENCY PROJECT

SCOTTS VALLEY WATER DISTRICT AND CITY OF SANTA CRUZ
This Implementation Agreement ("Agreement") is entered into this ____________ 2022, by and between Scotts Valley Water District, hereinafter "SVWD'' and the City of Santa Cruz, hereinafter "City”. The "Parties" refers collectively to both (2) parties to this Agreement and a "Party" refers to one of the parties to this Agreement.

BACKGROUND
A. SVWD is a county water district in Santa Cruz County that serves most of the City of Scotts Valley and adjacent unincorporated communities ("SVWD Service Area").

B. City is a municipal water agency that serves the City of Santa Cruz and adjacent unincorporated and incorporated communities.

C. In December 2021, SVWD applied for grant funding from the California Department of Water Resources (“DWR”), “2021 Urban and Multi-Benefit Drought Relief Program”, authorized by the Legislature pursuit to the Budget Act of 2021 and its Trailer Bill Assembly Bill 148, hereinafter the "Grant", for the construction of one (1) bi-directional system interconnection described below and hereafter referred to as “Intertie” and one (1) groundwater well hereafter referred to as “Well”, which together are hereinafter collectively referred to as the “Project”.

D. Construction of the Project will enable regional water exchanges enhancing water security across the broader Santa Cruz region.

The Project comprises the design and construction of the following two critical pieces of infrastructure:
(1) Intertie: a bi-directional intertie pipeline and pump station between the City and SVWD distribution systems to expand regional conjunctive use opportunities through transfers of water, and
(2) Well: a new groundwater well in Scotts Valley to enhance groundwater production reliability and redundancy, and to strengthen SVWD’s ability to meet its own and regional needs in drought and emergency conditions.

Together, the two Project components not only provide drought relief by allowing water deliveries between the two agencies, they also support conjunctive use and other collaborative water management strategies that enhance the supply resiliency and emergency preparedness

35.5 -2-
in the region.

SVWD (acting as Grant Applicant on behalf of the Parties) received a Letter of Commitment from DWR dated March 23, 2022, which stated that DWR has agreed to provide Grant funding of up to $9,449,783 for the Project, subject to the terms and conditions of the proposed “Grant Agreement” between DWR and SVWD. The Grant Agreement is attached to this Agreement as “Exhibit A”.

F. This Agreement covers the responsibilities and financial obligations of the Parties, collectively and individually, through Project planning and other pre-construction activities and during Project construction. The Parties shall execute separate agreements for the Intertie component of the Project covering post-construction ownership, operations, maintenance, and management.

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows:

1. SVWD to Serve as Grantee.
(a) SVWD, as Grant recipient, shall administer the requirements and conditions pursuant to the terms of the Grant Agreement between DWR and SVWD. SVWD is entitled to bind the Parties to enforceable obligations, to accept and expend available funds, including any funds that would otherwise be available to the Parties, and perform all incidental powers required to complete the Project pursuant to the terms of the Grant Agreement. The Parties further agree that SVWD shall be responsible for the administration of the Grant Agreement, including without limitation submission of claims for Project costs and all communications with DWR regarding the Project.
(b) The City shall direct all questions and communications concerning the Grant Agreement to the SVWD, who shall work directly with DWR for resolution. SVWD shall promptly relay City questions and communications to DWR.
(c) SVWD shall submit invoices, reports and information to DWR to meet the accounting, reporting and other requirements in the Grant Agreement for the Project. City shall prepare and submit all required documents to SVWD in accordance with the Grant Agreement. (d) The Parties shall maintain files and accounts for the Project in accordance with the Grant Agreement.
(e) SVWD is not acting as a surety for the Project. SVWD does not guarantee or warrant that Grant funds will be sufficient to meet incurred expenses for the Project. SVWD does not guarantee or warrant the plans and specifications for the Project. (f) SVWD shall have no responsibility for any aspect of bidding or selection of contractors to perform the Intertie component of the Project. City shall have no responsibility for any aspect of bidding or selection of contractors to perform the Well component of the Project.

35.6 -3-
(g) SVWD is only acting as a conduit for the transfer of Grant funds to the Parties in furtherance of the Grant Agreement, and for the transmission of invoices, reports, financial information and state disclosure assurances and other information required to be transmitted to DWR. (h) SVWD does not guarantee or warrant that invoices will be paid by the DWR. SVWD assumes no liability to the other Parties and any contractors or subcontractors for any delays by the DWR in approval or transmittal of Grant funds to SVWD. The Parties agree that they will return any audit disallowance relating to the Project, as provided in the Grant Agreement. Both Parties acknowledge that Grant funds are subject to appropriations by the State of California.
(i) SVWD shall timely inform City of any proposed revisions to the Grant Agreement, including providing City with a draft of the proposed revisions. City’s review and approval of any proposed revision to the Grant Agreement shall not be unreasonably withheld.

2. SVWD to Serve as Lead Agency for Construction of the Well Component of the Project (a) The Parties agree that SVWD shall serve as the agency responsible for the design, engineering, permitting and construction of the Well component of the Project, which responsibilities may include: solicit proposals and contract for engineering and design work; obtain all permits for the Well; obtain all necessary easements and real property interests to complete the Well; competitively bid the Well; confirm that the contractor who is awarded the Well has provided all required insurance and bonds; award the Well construction; manage the construction, inspection, and oversight of the Well; enforce prevailing wage requirements; comply with all Grant requirements; provide any match contributions in a timely basis; comply with the mitigation measures and permit conditions; manage the change orders and Well-related claims; accept the Well when complete; record a Notice of Completion; and provide a full and complete accounting relating to all expenditures of funds related to the Well. (b) SVWD shall fulfill all assurances, declarations, representations and commitments made in support of any request for Grant funds. SVWD agrees to all requirements and conditions set forth in the Grant Agreement.
(c) SVWD shall carry out, build and construct the Well in accordance with all requirements of the Grant Agreement. SVWD shall proceed with all reasonable diligence in the completion of the Well component of the Project in accordance with the Project schedule.

In the event SVWD wishes to substantially alter the schedule, materials, methods, or deliverables relating to the Well, SVWD shall immediately provide notice to City, and SVWD shall forward such request to DWR.
(d) SVWD or its contractors or subcontractors shall provide all insurance coverage required under the Grant Agreement. SVWD shall ensure that SVWD, City, and State ,and their respective officials, officers, consultants, contractors, subcontractors

35.7 -4-
employees, and agents shall be named as additional insureds on all insurance policies which SVWD is required to obtain pursuant to the Grant Agreement. City shall have no responsibility to secure insurance protection against loss or damage relating to the Well until after acceptance.

3. City to Serve as Lead Agency for Construction of the Intertie Component of the Project. (a) The Parties agree that City shall serve as the agency who is responsible for the design, engineering, permitting and construction of the Intertie component of the Project, which responsibilities may include: solicit proposals and contract for engineering and design work; obtain all permits for the Intertie; obtain all necessary easements and real property interests to complete the Intertie; competitively bid the Intertie; confirm that the contractor who is awarded the Intertie has provided all required insurance and bonds; award the Intertie construction; manage the construction, inspection, and oversight of the Intertie; enforce prevailing wage requirements; comply with all Grant requirements; provide any match contributions in a timely basis; comply with the mitigation measures and permit conditions; manage the change orders and project-related claims; accept the Intertie when complete; record a Notice of Completion; and provide a full; and complete accounting relating to all expenditures of funds related to the Intertie. (b) City shall fulfill all assurances, declarations, representations and commitments made in support of any request for Grant funds. City agrees to all requirements and conditions set forth in the Grant Agreement.
(c) City shall carry out, build and construct the Intertie in accordance with all requirements of the Grant Agreement. City shall proceed with all reasonable diligence in the completion of the Intertie component of the Project in accordance with the Project schedule. In the event City wishes to substantially alter the schedule, materials, methods, or deliverables relating to the Intertie, City shall immediately provide notice to SVWD, and SVWD shall forward such request to DWR.
(d) City or its contractors or subcontractors shall provide all insurance coverage required under the Grant Agreement. City shall ensure that all City, SVWD, State and their respective officials, officers, consultants, contractors, subcontractors, employees, and agents shall be named as additional insureds on all insurance policies which City is required to obtain pursuant to the Grant Agreement. SVWD shall have no responsibility to secure insurance protection against loss or damage relating to the Intertie until after acceptance.

4. Project Representatives.
(a) The Parties will each designate a Project Representative to serve as liaison in connection with the performance of the obligations described in this Agreement. Each Project Representative shall have the right, but not the obligation, to oversee the implementation of the Project.

35.8 -5-
(b) The Project Representatives may, but is not required to, attend and participate in Project meetings and site visits with Project contractors and consultants throughout the implementation of the Project. Notwithstanding the foregoing, each Project Representative shall be entitled to review and approve Project bids and the award of the construction contracts. This review and approval shall be timely and not be unreasonably withheld.

Either Party may reject the bids for the construction of either the Well or Intertie component of the Project if the bids exceed funds available funds for the Project. All change orders are subject to the written approval of the Project Representatives of both City and SVWD, which approval shall not be unreasonably withheld.

5. Financial obligations of the Parties. The Parties agree that SVWD and City shall collectively bear the financial obligation for all Project costs, including costs of planning, other preconstruction activities, and construction, subject to Grant match requirements and reimbursement of incurred expenses as administered by SVWD pursuant to the terms of the Grant Agreement.

The Parties further agree that this financial obligation shall be shared as follows, whether the actual expenses are incurred by SVWD, City or some combination thereof:
(a) SVWD and City shall each bear equal 50% shares of all match and other non Grant reimbursed costs associated with the Intertie component of the Project; (b) SVWD shall bear all non-Grant costs associated with the Well component of the Project.

6. Matching Funds. Although the Grant Agreement does not obligate matching funds, Parties recognize that final Project cost may exceed the award amount of $9,449,783. A project component cost breakdown of the Well and Intertie Project Components is provided in Grant Agreement. Any changes to the Well or Intertie Component Project costs or to budget categories in the Grant Agreement (i.e Project Admin, Land Purchase) will be made through mutual written consent of both parties. In the event that total Project costs exceed the Grant award, SVWD and City agree and warrant that it has sufficient reserve funds available and dedicated to fulfill potential supplemental funding needs. Actual Project match requirements upon completion of construction shall be determined based on percentage shares as stated in Paragraph 4.

7. Compliance with Grant Agreement. SVWD and City, as entities that will receive direct or indirect Grant reimbursement of Project expenses and as a condition of receipt of such funds under the Grant Agreement, expressly acknowledge and agree to comply with the applicable terms of the Grant Agreement. Upon execution of the Grant Agreement, SVWD and City further agree that they will not independently seek financing from DWR in connection with the construction of any Project facilities.

8. Grant Administration Expenses. The Parties agree that they may hire a third party to administer the Grant. SVWD shall manage any such third-party Grant administration contract. SVWD shall not enter into any such third-party Grant administration contract without the consent of City, which consent shall not unreasonably be withheld or delayed.

9. Environmental Review. City has and shall continue to serve as the lead agency for purposes of

35.9 -6-
California Environmental Quality Act (CEQA) documentation regarding the Intertie, including filing of required notices. SVWD shall serve as the lead agency for purposes of CEQA documentation regarding the Well, including filing of required notices.

10. Monitoring Plan. City shall ensure compliance with all conditions of development and mitigation monitoring relating to the Intertie. SVWD shall ensure compliance with all condition of development and mitigation monitoring relating to the Well.

11. Non-Project Expenses. Each of the Parties agrees to bear full financial responsibility for the costs of preparing its own internal documents and for meeting non-Project DWR requirements set forth in the Letter of Commitment and Grant Agreement, including without limitation preparation of Operational Plans, Water Quality Notification Plans, and for complying with other DWR regulatory or public health requirements.

12. Access to Property and Facilities. Each Party agrees to grant permission to the other Party for necessary, reasonable, and noticed access to property and facilities for Project pre-construction activities and for Project construction, including access to pipes, roads, power sources, and other water system facilities and components. Each party agrees to grant easements as may be necessary for the Project. Each Party shall provide the other with three (3) days written notice of a need to access property and facilities.

13. Ownership and Maintenance After Construction. The Parties shall execute separate operating agreement for the Intertie component of the Project covering post-construction ownership, operations, maintenance, and management, to include but not be limited to the following:
(a) City shall be the owner and shall be solely responsible for all costs and expenses relating to the operation, maintenance, repair and replacement of the following infrastructure assets after construction:
i. Intertie pipeline along La Madronna Drive, from Kite Hill tank to intertie pump station including: valves, hydrants (if any), appurtenances, access road (Firehouse Lane)
(b) SVWD shall be the owner and shall be solely responsible for all costs and expenses relating to the operation, maintenance, repair and replacement of the following infrastructure assets after construction:
i. Intertie pump station property, pump house, pumps, control valves and the pipeline and appurtenances extending from its water system to the Intertie pump station ii. Well, motor, station piping, controls and any related appurtenances, .

14. Termination. This Agreement may be terminated by SVWD or City prior to the date of execution of the Grant Agreement if the actual Project match requirement is forecast to exceed the

35.10 -7-
current estimate of $9,449,746 by 25% or more, based on either a revised Project cost as calculated by the Project design engineer, further reduced DWR Grant funding, or both. After execution of the Grant Agreement, this Agreement can be terminated only by mutual, written consent of the Parties and DWR.

15. Indemnification. Each Party ("Indemnifying Party") agrees to defend, indemnify and hold harmless, at its expense, the other Party, its respective officials, directors, officers, employees, and agentss ("Indemnified Party") from any claims, demands, losses, damages, costs (including legal defense costs) or liability of any kind or nature (collectively, “Claims”) which the Indemnified Party may sustain or incur or which may be imposed upon it , but only in proportion to and to the extent such Claims result from, arise out of, or in any manner are caused by the negligent or intentional acts or omissions of the Indemnifying Party, its officials, directors, officers, employees, and agents relating to this Agreement. Indemnifying Party further agrees to waive any rights of subrogation against the Indemnified Party.

16. Compliance with Law; Governing Law. The Parties shall comply with the Grant Agreement, Grant requirements and all applicable laws and regulations. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California.

17. Amendments to this Agreement. Any amendments to this Agreement must be approved in advance and in writing by all Parties.

18. Assignment. The Parties shall not have the power or right to assign this Agreement or any rights or responsibilities hereunder without obtaining the other Parties' prior written consent.

19. Further Assurances. The Parties agree to provide each other assistance in the form of executed documents, responses, and actions as necessary to complete the Project. Each Party agrees to cooperate in providing information and documents to the other Parties, and shall execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and documents as may be reasonably necessary in order to complete the transactions contemplated in this Agreement and to carry out the intent and purpose of this Agreement.

20. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

21. Waivers. A waiver or breach of covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving Party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act.

22. Counterparts. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument.

23. Interpretation. Each Party has reviewed and revised this Agreement and agrees that the rule

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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 or any amendments or Exhibits hereto.

This Agreement shall be construed neither for nor against any Party, but shall be given a reasonable interpretation in accordance with the plain meaning of its terms and the intent of the Parties.

24. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express [or priority U.S. Mail], addressed to recipient as follows:

To CITY:

Rosemary Menard
Water Director
212 Locust St. Suite C.

Santa Cruz, CA 95060
[email protected]
(831) 420-5205
To SVWD:

Piret Harmon
General Manager
2 Civic Center Dr.

Scotts Valley, CA 95066
[email protected]
(831) 600-1902
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

25. 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.

26. 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.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above.

SIGNATURE PAGE ATTACHED

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Approved As To Form:
__________________________________ Date: ___________________________ Scotts Valley Water District Legal Counsel
______________________________________ Date: ___________________________ Scotts Valley Water District General Manager
Approved As To Form:
______________________________________ Date: ___________________________ City of Santa Cruz Office of the City Attorney
______________________________________ Date: ___________________________ City of Santa Cruz City Manager

35.13 DocuSign Envelope ID: 741D7B02-9E38-495D-BABA-63DA2974673C Exhibit A - Grant Agreement

35.14 GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND

SCOTTS VALLEY WATER DISTRICT
AGREEMENT NUMBER 4600014630

URBAN AND MULTIBENEFIT DROUGHT RELIEF GRANT
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR,” and the Scotts Valley Water District, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) to the Grantee to assist in financing the Project. By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. 2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on March 19, 2022, and ends three (3) years following the final payment unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by March 1, 2026, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after April 14, 2026. 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $9,449,783. Any additional costs are the responsibility of the Grantee. 4) BASIC CONDITIONS.

A. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):
i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth of the 2021 Urban and Multibenefit Drought Relief Grant Program Guidelines and Proposal Solicitation Package (2021 Guidelines).
ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 12, “Submission of Reports” and Exhibit A, “Work Plan”.
iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.

1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement.

2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and c) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal.

DocuSign Envelope ID: 741D7B02-9E38-495D-BABA-63DA2974673C

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The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 14, “Monitoring Plan Requirements,” if applicable. 5) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non-interest bearing account and shall be used solely to pay Eligible Project Costs.
6) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, “Budget”. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after March 18, 2022, may be eligible for reimbursement.

Costs that are not eligible for reimbursement include, but are not limited to, the following items:

A. Costs, other than those noted above, incurred prior to the award date of this Grant.

B. Costs for preparing and filing a grant application.

C. Operation and maintenance costs, including post construction performance and monitoring costs.

D. Purchase of equipment that is not an integral part of a project.

E. Establishing a reserve fund.

F. Purchase of water supply.

G. Replacement of existing funding sources for ongoing programs.

H. Meals, food items, or refreshments.

I. Payment of any punitive regulatory agency requirement, federal or state taxes.

J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain.

K. Overhead and Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non-project-specific accounting and personnel services performed within the Grantee’s or LPS’ organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; forums, trainings, and seminars; DocuSign Envelope ID: 741D7B02-9E38-495D-BABA-63DA2974673C

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and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

L. Mitigation for environmental impacts not resulting from implementation of the Project funded by this program.
7) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 4, “Basic Conditions” are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 12, “Submission of Reports.” Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by the Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 3, “Grant Amount”. v. Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original “wet signature” copy of the invoice form to the Project Manager at the following address: Financial Assistance Branch, DWR, P.O. Box 942836, Sacramento, CA 94236.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, DocuSign Envelope ID: 741D7B02-9E38-495D-BABA-63DA2974673C

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services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen.

Code, §§ 470, 487-489.)
8) ADVANCED PAYMENT. Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate a cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following:

A. Documentation demonstrating that each LPS (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the LPS stating whether it wishes to receive the advanced payment or not.

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status ii. Description and documentation of the cash flow issues the LPS has that requires funds to be advanced
iii. The names of the entities that will receive the funding for each project iv. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. v. Any other information that DWR may deem necessary
C. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds. Based on the project’s Funding Plan and other considerations, DWR may develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.

D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” on behalf of the LPS(s), containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 18, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.” DocuSign Envelope ID: 741D7B02-9E38-495D-BABA-63DA2974673C

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iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report. iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.

3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.

4.Proof of distribution of advanced funds to LPS(s), if applicable.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 7, “Method of Payment.”
9) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests.

Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 10, “Default Provisions,” the portion that has been disbursed shall thereafter be repaid immediately at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 10, “Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 10) DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:

A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations.

B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement.

C. Failure to operate or maintain the Project in accordance with this Grant Agreement.

D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5.

E. Failure to submit quarterly progress reports pursuant to Paragraph 4.

DocuSign Envelope ID: 741D7B02-9E38-495D-BABA-63DA2974673C

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F. Failure to routinely invoice the State pursuant to Paragraph 7.

G. Failure to meet any of the requirements set forth in Paragraph 11, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via firstclass mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following:

H. Declare the funding be immediately repaid.

I. Terminate any obligation to make future payments to the Grantee.

J. Terminate the Grant Agreement.

K. Take any other action that it deems necessary to protect its interests.

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.
11) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2021 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 12 of the 2021 Guidelines and Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2021 AWMP identified on the State’s website. For more information, visit the website listed in the 2021 Guidelines and Proposal Solicitation Package.

C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq.

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) as set forth in the 2021 Guidelines and Proposal Solicitation Package.

E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program. Alternatively, if the Grantee has submitted a Groundwater Sustainability Plan (GSP) or Alternative Plan pursuant to the GSP Regulations (Cal. Code Regs., tit. 23, § 350 et seq.), groundwater level data must be submitted through the SGMA Portal at: https://sgma.water.ca.gov/portal/.

F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control.
12) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted via the DWR “Grant Review and Tracking System” (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and DocuSign Envelope ID: 741D7B02-9E38-495D-BABA-63DA2974673C

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Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1).

B. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a quarterly basis if the Grantee received an advanced payment, consistent with the provisions in Paragraph 8, “Advanced Payment.”
C. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.

D. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A, and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

E. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation.
13) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 10, “Default Provisions.” 14) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should DocuSign Envelope ID: 741D7B02-9E38-495D-BABA-63DA2974673C

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incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, “Project Monitoring Plan Guidance.” 15) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.

D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way.

E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 16) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

B. By certified U.S. mail, return receipt requested, postage prepaid.

C. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.

D. By electronic means.

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 17) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.

DocuSign Envelope ID: 741D7B02-9E38-495D-BABA-63DA2974673C

35.22 Grant Agreement No. 4600014630

Page 9 of 41 ends

Santa Cruz City CouncilJune 28, 2022

Santa Cruz City Council
June 28, 2022