Agenda packet — Santa Cruz City Council, October 24, 2023 (part 5 of 5)

C. Targeted Marketing and Recruitment
Goal: Create a welcoming, attractive and diverse downtown environment which attracts quality local retail, dining and entertainment uses and establishes the downtown as a unique destination point for Santa Cruz residents, workers and visitors.

Strategy/Action
Time Frame
Short = < 1 yr.

Med = 1 – 3 yrs.

Long = > 3 yrs.

Potential Funding
Sources
C1. Adopt a mission statement for the downtown retail,
dining and entertainment recruitment/ retention
programs.

S N/A
C2-1. Confirm a palette of desired retail uses for the
downtown to create the appropriate “critical mass”
that will establish the downtown as a retail and
entertainment destination.

S N/A
C2-2. Conduct a search within the City and the County to identify potential types of retailers that would
provide quality merchandising while maintaining the
unique character of downtown.

Ongoing RDA, Private funds
C2-3. Work with local property/building owners to match potential retail uses with available spaces in the
CBD.

Ongoing RDA
C2-4. Establish an outreach team of local officials,
merchants and community members working with
the brokerage community to entice prospective
retailers to consider locating in downtown Santa
Cruz.

S N/A
C3. Create a “brand” or identifying logo/visual image
and character statement for the downtown, and use it
to advertise and promote the downtown as a
destination point.

S/M Private funds
D. Promotion and Management
Goal: Establish downtown as a well-identified and well-known district and a unique destination point and maintain the district’s amenities through coordinated management practices and regular maintenance of infrastructure.

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City of Santa Cruz
Downtown Plan
APPENDIX 4: Downtown Retail Strategic Plan

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Strategy/Action
Time Frame
Short = < 1 yr.

Med = 1 – 3 yrs.

Long = > 3 yrs.

Potential Funding
Sources
D1. Create an enhanced signage program to identify
where the downtown is located, and how to get
there, from various key entry points to the City and
from other destinations within the City (such as the
Beach).

M City, RDA
D2. Establish a visual identity for the downtown with
gateway designators and banners.

S/M RDA, City, private
funds
D3. Create additional signage at the entries to the city that give direction of downtown and downtown
parking resources.

S/M RDA, City, private
funds
D4. Enhance the public and private landscape quality
within the downtown.

S/M RDA, City, private
funds
D5. Enhance maintenance in the downtown; invest in
infrastructure.

S/M RDA, City, private
funds
D6. Coordinate common advertising and promotional
fliers. S RDA, City, private
funds
D7. Coordinate promotional events with the opening of
the new garage. S City, private funds
D8. Promote additional events within the downtown. Ongoing City, private funds

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APPENDIX 7: Live Entertainment

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City of Santa Cruz
Downtown Plan 25.369
APPENDIX 5: Floor Area Ratio

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City of Santa Cruz
Downtown Plan
Appendix 5: Floor Area Ratio
This Appendix has been deleted due to the Floor Area Ratio being incorporated into the Regional Visitor Commercial land use designation of the General Plan 2030.

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APPENDIX 5: Floor Area Ratio

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City of Santa Cruz
Downtown Plan 25.371
APPENDIX 6: Additional Height Zone C

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City of Santa Cruz
Downtown Plan
Appendix 6: Additional Height Zone C
This Appendix has been deleted because the Additional Height Zone C is now part of the Additional Height Zone A.

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APPENDIX 6: Additional Height Zone C

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Downtown Plan 25.373
APPENDIX 7: Live Entertainment

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City of Santa Cruz
Downtown Plan
Appendix 7: Live Entertainment
This Appendix has been deleted because the Live Entertainment regulations are located in the Zoning Code and other references to allowed downtown uses are located in the beginning of Chapter 4 of this Downtown Plan

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Addendum to the City of Santa Cruz Downtown Recovery Plan Final Program Environmental Impact Report
Lead Agency: City of Santa Cruz
Telephone: (831) 420-5110
Email: [email protected]
Contact Person: Ryan Bane, Senior Planner
Project Title: City of Santa Cruz Downtown Plan Amendment Project Location: City of Santa Cruz
History of City of Santa Cruz Downtown Recovery Plan
The City of Santa Cruz’s (City’s) Downtown Recovery Plan (DRP) is comprised of several components, including the Land Use Plan for four subareas (Chapter 3), the Development Standards and Design Guidelines—which is part of the Local Coastal Program (LCP) (Chapter 4), the Circulation and Parking Plan (Chapter 5), and the Streetscape and Open Space Plan (Chapter 6)—in addition to several preceding introductory sections.

The City developed the DRP to guide the future development of the downtown Santa Cruz area.

It was originally adopted in 1991 following the destruction caused in the downtown area by the Loma Prieta earthquake of 1989.

The DRP was adopted as a specific plan (pursuant to California Government Code requirements) to implement policies in the downtown area. The 1991 Environmental Impact Report (EIR) prepared for the DRP estimated that the development program established by the DRP would result in a total of 656 residential units, 990,000 gross square feet of office space and 1,329,257 gross feet of commercial retail space. Prior to the earthquake, the downtown area supported 311 housing units, mostly residential hotels containing single-room occupancy (SRO) units and approximately 1,130,00 square feet of retail space and 431,300 square feet of office space (EIP Associates, 1991, DEIR volume).

The original DRP is a synthesis of many ideas expressed and refined over the 15 months since October of 1989. Immediately after the earthquake, the City established a working group of broad representation, known as Vision Santa Cruz, whose aim was to “spearhead” the recovery process and to develop a plan that was expressive of the values of the community. One significant achievement of this group was the “First Principles” document, which established consensus over a broad spectrum of issues. The DRP is directly descended from the “First Principles” and from direction provided by two steering committees: the City-appointed Streetscape Task Force and a subcommittee established by Vision Santa Cruz—the Technical

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Advisory Group (T.A.G.). The DRP is also the result of numerous public workshops involving Vision Santa Cruz, the Streetscape Task Force, the T.A.G., the Planning and Downtown Commissions, City Council and the public-at-large.

The intent of the DRP was to establish policies, standards, and guidelines to direct the recovery process toward the rebuilding of a downtown to meet the multiple objectives of the entire community. While the DRP also provided longer-term recommendations, the primary focus was the shorter-term recovery of the downtown; as such, the City has revised the DRP over the years to provide for refinements and elaborations.
2017 City of Santa Cruz Downtown Plan Program Environmental Impact Report In 2017, pursuant to California Code of Regulations, title 14, section 15168 (CEQA Guidelines), the City certified a Program EIR for amendments to several City plans and regulations— including the Downtown Recovery Plan, the General Plan 2030, the Local Coastal Plan, and several Zoning Code sections. The 2017 amendments included an emphasis on Chapter 4 of the DRP, Development Standards and Design Guidelines with Ordinance 2017-23, extending Additional Height Zone A to Laurel Street and modifying Additional Height Zone B for Front Street riverfront properties.

The 2017 amendments recognized that the City has ‘recovered’ from the devastating 1989 Loma Prieta earthquake and the past 28 years have seen redevelopment of the downtown into an active community environment and was renamed the “Downtown Plan” as part of that effort. The amendments also included a modification to the Floor Area Ratio for the Regional Visitor Commercial land use designation in the downtown area, and a revision of the Land Use Plan text to modify San Lorenzo Urban River Plan land use development policies. In January 2020, the City of Santa Cruz adopted additional minor amendments to the Downtown Plan related to personal services, tattoo parlors, and off-site alcoholic beverage sales.

Proposed Amendments to the Downtown Plan
In an effort to further update the Downtown Plan to bring it into conformance with state law, as well as make minor changes to facilitate future development within the Downtown Plan area and related clarifying changes, the City of Santa Cruz is proposing the following Amendments to the Downtown Plan (Amendments or Project) :
 Eliminate the Administrative Use Permit (AUP) requirement for upper floor multi-family residential, flexible density units (FDUs), single-room occupancy (SRO) units, and Supportive and Transitional Housing; ground floor Supportive and Transitional Housing in existing ground floor residential units; Small and Large Family Daycare Units in existing ground floor and upper floor residential units (Tables 4-1 and 4-2 in Chapter 4 of the Downtown Plan), and make them Principally Permitted uses. This change would simplify and streamline residential projects in the downtown. The Downtown Plan has historically required AUPs for residential uses, which requires a Zoning Administrator hearing. Additionally, recent state laws (e.g. Assembly Bill 2011 (2022); Senate Bill 6 (2022)]SB 2 (2007), and AB 2162 (2018) now require that supportive and transitional

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housing be principally permitted uses and treated the same as all other residential uses.

This change is designed to update the Downtown Plan to be consistent with state law.  Establish a limitation on the width of residential lobbies and leasing areas on Pacific Avenue.
 Expand the Theatres/Commercial Entertainment use to include arcades, billiard halls and other indoor recreation uses in order to more fully encompass the different types of recreational uses that would be acceptable in the downtown area.  Amend the regulations for hotels/motels, eliminating language regarding the location of hotels, and prohibiting hotel rooms on ground level frontages and along the Riverwalk level frontage. This change is designed to reflect previously approved changes made by the City Council several years ago that were inadvertently left out of the Coastal Commission’s previous Local Coastal Program approvals.
 Change the level of review for additional height approvals to require a Planning Commission recommendation to the City Council, rather than a Planning Director recommendation. This revision would change the level of review required for additional height approvals in order to be consistent with the process for other projects, as most projects require Planning Commission approval or recommendation(s) to the City Council, rather than approval or recommendation(s) from a Planning Director.  Clean up additional height zone criteria to remove language that is redundant with the Density Bonus Law, which already allows an additional height waiver for height restrictions: “iv. The project qualifies for a density bonus as allowed under either State law or City adopted density bonus ordinance.”
 Amend Additional Height Zone criteria language to eliminate “by including a concentration of new housing.” The existing language is overly limiting as it only takes into consideration projects that include housing, which is not consistent with City policies that encourage visitor-serving uses in the downtown and specifically within the coastal zone, nor is it consistent with policies of the Downtown Plan and General Plan that support a mix of uses in the downtown as a means to support economic and cultural activities. This revision is proposed to allow for additional height for projects that exclusively contain other uses such as hotels (which are favored visitor-serving uses within the Coastal Zone), offices, etc. (with accompanying ground-floor uses), rather than projects that include some unknown “concentration of housing.”  Add language to encourage the use of rooftops for amenity spaces such as rooftop bars and pools, including section on “Activated Roof Top Amenities,” because open space is limited in the downtown area. The proposed amendment allows community amenities including rooftop bars and pools, shade structures, and associated access facilities to

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extend no more than 15 feet above the otherwise maximum allowable height limit. The rooftop improvements are required to be setback at least 15 feet from the edge of the roof and are limited to not more than 50% of the gross rooftop area.  Amend sections related to Parks and Recreation to specify the required tree species and locations because some of the tree types currently listed have not worked in practice. This revision would specify required tree species and locations to provide flexibility to current and future staff and project designers to select the most appropriate street trees for each site and situation. The downtown area—as well as urban forestry practices and available tree species—have evolved since the original Downtown Plan was adopted and will continue to evolve. Moreover, increasing diversity of tree species is important for longterm resilience of the urban forest and is a goal of the City’s adopted Street Tree Master Plan.

Analysis of Potential Environmental Impacts
This document is an Addendum to the Program EIR (Addendum) prepared by the City pursuant to CEQA Guidelines sections 15162 and 15164. Pursuant to CEQA Guidelines section 15164, subdivision (e), the purpose of this Addendum is to summarize the proposed project (i.e., the Amendments), assess the proposed modifications to the 2017 Downtown Plan evaluated in the Program EIR, and identify the reasons for the City’s conclusion that the regulatory changes associated with the proposed Project and its environmental effects do not meet the conditions described in CEQA Guidelines section 15162 calling for preparation of a subsequent or supplemental EIR.

The proposed Amendments require only minor modifications to the Downtown Plan.

Specifically, these changes involve (1) administrative changes that clarify decision-making processes and do not relate to environmental impacts; (2) clarifications that housing is not required in order to be eligible for increased height in the downtown area’s Additional Height Zone B (properties on the east side of Front Street between Soquel Avenue and Laurel Street), which will not result in any new or different environmental impacts as there is no change in height or bulk restrictions, and the only difference from the previous 2017 amendments is that exclusively office or hotel projects will be permitted up to 70 feet in height when applicable ground floor uses and standards are met, rather than requiring that such hotel or office projects that exceed 50 feet in height contain some housing units; and (3) a minor change that would allow limited increases in height to accommodate certain rooftop elements, which will not result in new or different impacts given the absence of scenic corridors and vistas in the area, and because Senate Bill 743 provides that aesthetic impacts are not cognizable for employment center projects. Any specific projects in the downtown area that could potentially have substantial environmental impacts would still be subject to individual project-level CEQA compliance determinations.

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require Coastal Commission approval and are therefore exempt from CEQA pursuant to Public Resources Code section 21080.9.

Findings: These changes are considered minor, and no new or more severe impacts have been identified beyond those examined in the previously adopted Program EIR. CEQA Guidelines section 15162 provides that no subsequent document is needed unless the City determines on the basis of factual evidence that one of the following has occurred:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:

A. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration;
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

There have been no substantial changes in the Project or its circumstances since adoption of the Program EIR. Similarly, there is no substantial new information that could not have been known when the Program EIR was adopted. Therefore, there are no grounds for the City to undertake a subsequent EIR. An addendum is the appropriate documentation for these changes because the changes are not substantial changes and do not require major revisions to the adopted Program EIR. (CEQA Guidelines, § 15164.) Further, an addendum does not need to be circulated for

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public review. This Addendum will be considered by the City in conjunction with the Program EIR when acting on the Project.

Conformance Checklist
CEQA Guidelines section 15168, subdivision (c)(4) recommends using a written checklist or similar device to confirm whether the environmental effects of a subsequent activity were adequately covered in a previous environmental evaluation. The following analysis considers the environmental effects previously disclosed in the Program EIR and confirms that the proposed Amendments to the Downtown Plan are within the scope of the Program EIR certified for the 2017 amendments to the Downtown Plan, and that the currently proposed Amendments will have no new, previously unconsidered significant impacts or substantially more severe previously identified impacts and no new mitigation measures are required.

Mitigation measures are measures that would minimize, avoid, or eliminate a significant impact.

The analysis contained herein evaluates each topic to identify whether additional mitigation measures beyond those identified in the Program EIR would be warranted. As discussed for each topic in the checklist, no new mitigation measures would be required for the proposed Project.

For all environmental topics addressed in the analysis as identified in each topical section, there have been no substantial changes in environmental circumstances that would result in new or more severe significant environmental effects than were evaluated and identified in the Program EIR. Therefore, a subsequent or supplemental EIR does not need to be prepared as there are no new, previously unconsidered or more severe impacts that result from the modified project, or the circumstances under which the Project is undertaken, that would require major revisions to Program EIR.

The comparative analysis discusses whether impacts are increased, decreased, or unchanged from the conclusions discussed in the Program EIR. The comparative analysis also addresses whether any changes to mitigation measures are required.

Aesthetics
Impacts would be the same as the 2017 amendments analyzed in the Program EIR.

Impact 4.1-1: Scenic Views: The Program EIR determined that impacts from future development accommodated by the Downtown Plan would not eliminate or substantially adversely affect, modify, or obstruct a visual prominent or significant public scenic vista, and this impact is less than significant. There are no panoramic views across or from the downtown area. As with the 2017 amendments, the Project would not allow for taller buildings that would block views of the San Lorenzo River. The Project would not result in obstructions of distant mountain views beyond that described in the Program EIR. The Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.1-3: Visual Character of the Surrounding Area: The Program EIR determined that impacts from increased allowable building heights for future development could result in taller

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and more massive buildings. With implementation of required development standards which already contains several multi-story buildings of varied height, the Program EIR concluded additional heights would not substantially degrade the visual character of the surrounding area, rendering this impact less than significant. With respect to the proposed language in the Amendments that allows an additional 15 feet of height to accommodate rooftop amenities, the associated development standards requiring a 15-foot setback from the edge of the roof and a maximum rooftop coverage of 50-percent significantly limits the visibility of these structures in the immediate vicinity. Further, the height limit on the outer edges of the Downtown Plan area vary from 35 feet on the western edge to between 50 and 70 feet on the eastern edge and are much lower than what is allowed in the downtown core (75 to 85 feet). Roof structures on the buildings constructed on the more visible outer edges will therefore be lower than buildings constructed in the core, enabling them to blend in with other existing and allowed development when viewed from a distance. The Project would require implementation of all required development standards as described in the Program EIR. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.1-4: Introduction of Light and Glare: The Program EIR determined that increased heights and building coverage for future development would not result in introduction of a major new source of light or glare, rendering this impact less than significant. The Project does not entail any specific development projects that could potentially introduce new major sources of light or glare. Moreover, future projects would be subject to individual project-level CEQA compliance determinations. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.1-2: Scenic Resources: The Program EIR determined that there would be no impact regarding the elimination or a substantial adverse effect to a scenic resource. There are no scenic resources present in the Downtown Plan area. The Project does not include any changes that could result in any additional impacts to a scenic resource. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Air Quality and Greenhouse Gas Emissions
Impacts would be the same as the 2017 amendments analyzed in the Program EIR.

Impact 4.2-1: Criteria Pollutant Emissions: The Program EIR determined that future development and growth would result in emissions of criteria pollutants, but would not exceed adopted thresholds of significance, and this impact is therefore less than significant. The Project does not entail any additional construction or vehicle travel beyond that discussed in the Program EIR that could result in additional generation of pollutant emissions. In Additional Height Zone B, projects that are exclusively hotel or office above the ground level are already allowed by right at up to 50 feet in height when applicable ground floor uses and standards are met. In that area, the current requirements specify that to increase building height from 50 feet to 70 feet, the

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project must include, among other things, “a concentration of new housing,” and the Project proposes to eliminate this requirement for housing as a prerequisite to achieve the additional height in Additional Height Zone B. First, “a concentration of new housing” is an unspecified number of housing units and could be a relatively small number, such as five or ten units, within an entire building. Thus, the vast majority of the space, including the space in the additional height area between 50 and 70 feet tall, can already be dedicated to hotel or office uses. Second, all of Additional Height Zone B only totals just over 3.35 acres, and the area within Additional Height Zone B that has not either been recently entitled with housing, under construction with housing, or planned for paseo space totals only approximately 1 acre. Thus, in comparison to the Downtown Plan area or even the area that was the subject of the 2017 Downtown Plan regulatory changes, the overall area affected by the Project’s change to the use allowances is relatively small. Comparison of trips between uses can be challenging given how trip generation rates are measured (e.g., per unit for residential, which can vary greatly in size, versus per room in hotels versus by square feet for office). However, City staff estimates that the Amendments could only potentially result in ten or fewer residential units in each of two potential project sites that are not already entitled or under construction (noting that a third site is not likely to redevelop with hotel or offices above 50 feet in height given that it is irregularly shaped and only totals 4,008 square feet). The Project would not be anticipated to have any impact on construction-related emissions, which do not depend on the nature of any upper level uses, and for the reasons described above, any change in operational emissions related to different uses on the upper levels would be considered de minimis particularly given that estimated maximum daily operational emissions associated with buildout of the Downtown Plan were significantly below the applicable thresholds of significance. Additionally, with the overall occupancy rate for hotels being well below 100% (currently 67% in 2023 and only 80% in peak season during June to July, 2023), the trips from any new hotel use would, to some extent, be shifting trips from existing hotels in the nearby area to any such new hotel, not creating new trips. And with remote work gaining popularity due to the pandemic, Santa Cruz has seen no interest in new office development, so it is not reasonably foreseeable that office development would occur. Any specific projects in the Downtown Plan area would also be subject to individual project-level CEQA compliance determinations. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.2-2: Greenhouse Gas (GHG) Emissions: The Program EIR determined that future development and growth would result in GHG emissions, which are considered less than significant. For the reasons discussed in the criteria pollutant emissions analyses above, any increases in the number of vehicle trips resulting from the Project would be de minimis. The Project would not result in any potential impacts related to GHG emissions from future development beyond those discussed in the Program EIR. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

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Agricultural and Forest Resources
Impacts would be the same as the 2017 amendments analyzed in the Program EIR and Initial Study.

The Program EIR explained that the Initial Study, incorporated by reference in the Program EIR, determined that there would be no impact to agriculture and forest resources. As with the 2017 amendments, the Project would not result in conversion of farmland, conflicts with existing zoning for agricultural use or a Williamson Act contract, conflicts with existing zoning for forest land, timberland, or timberland zoned timberland Production, loss or conversion of forest land, or other related changes. Therefore, the Project would also have no impact on agriculture or forest resources.

Biological Resources
Impacts would be the same as the 2017 amendments analyzed in the Program EIR.

Impact 4.3-2: Indirect Impacts to Sensitive Riparian Habitat: The Program EIR determined that future development of taller buildings could result in indirect significant impacts to birds in the area that could lead to bird mortalities. The Program EIR proposed, and the Council adopted Mitigation Measure 4.3-2 by incorporating it into the Downtown Plan development standards to reduce this impact to less than significant. The Project would not involve any changes that could result in future development impacting sensitive habitats. It would not result in any future development located within sensitive habitat areas that could result in direct removal of habitat.

The Project would also be subject to the same setback requirements and only slightly modified building height restrictions relative to those described in the Program EIR. Mitigation Measure

4.3-2 from the Program EIR would continue to address bird safety. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required Impact 4.3-3: Indirect Impacts to Nesting Birds: The Program EIR determined that future development could result in disturbance to nesting birds if any are present in the vicinity of construction sites along the San Lorenzo River. The Program EIR established Mitigation Measure 4.3-3 to reduce this impact to less than significant, which would continue to apply to projects after the Amendments. The Project does not entail any specific projects. Any specific projects would be subject to individual project-level CEQA compliance determinations.

Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required
Impact 4.3-1: Indirect Impacts to Special Status Species and Aquatic Habitat: The Program EIR determined that future development of taller buildings could result in indirect to impacts to riparian and aquatic special status species, particularly during the winter months, due to increased shading associated with increased building heights, but would not substantially affect habitats. The proposed amendment would allow an additional 15 feet of height for rooftop structures throughout the downtown, including on properties east of Front Street between Soquel

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Avenue and Laurel Street, increasing the overall allowable height from 70 to 85 feet in this area.

This additional height will not result in impacts to riparian and aquatic special status species as a result of shading on the San Lorenzo River for the following reasons:
 A mixed use project at 418-503 Front Street involving a Density Bonus waiver to increase height from 70 feet to 81 feet approved by the City Council in 2021 included certification of an EIR which concluded that indirect impacts to riparian and aquatic special status species from increased shading due to increased building heights is considered a less-than-significant impact. The determination was based on the shading analyses included in the Downtown Plan Amendments EIR (2017) which concluded that while the additional floor would result in some additional shading that would occur primarily in the winter, shading from taller buildings during other times of the year would extend slightly onto the river side of the levee, but not into the river. The upper floor of the proposed project included some open areas with portions of the buildings set back from the edge of the lower floor. The buildings are set back approximately 35 feet from the western edge of the Riverwalk. The analyses also concluded (again, based on the 2017 EIR) that water temperatures in the San Lorenzo River are unlikely to be impacted by the additional building heights. The existing lack of shaded riverine aquatic habitat in the lower San Lorenzo River results in high water temperatures in the lagoon system, particularly in the late summer and fall. These high temperature conditions can be deleterious to salmonid species. High water temperatures and poor water quality conditions are exacerbated by seasonal lagoon closures and low flow conditions into the lagoon. Increased building shadows would not affect direct mid-day solar inputs during any season. High water temperatures are not an issue during winter when added lateafternoon shade may fall along the reach of the river in which the Project site is located.

With resulting building heights from the project being similar to what was approved with the 418-503 Front Street project, coupled with development standards requiring a 15 foot setback from the edge of the building and a maximum roof coverage of 50-percent for such increased heights, impacts to riparian and aquatic special status species from increased shading due to increased building heights is considered a less-than-significant impact.
 A shadow study prepared in conjunction with a recently approved mixed use project at the southeast corner of Soquel Avenue and Front Street (530 Front Street) involving a Density Bonus that included a waiver that allowed building height to increase from 70 feet to 92.6 feet (89 feet at the eastern property line) revealed that shadows cast on the winter solstice minimally touched the waters of the San Lorenzo River. As the eastern property lines of the other properties to the south of this site are of similar distance to the banks of the San Lorenzo River, coupled with development standards requiring a 15-foot setback from the edge of the building and a maximum roof coverage of 50 percent, impacts to riparian and aquatic special status species from increased shading due to increased building heights is considered a less-than-significant impact.

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Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Cultural Resources
Impacts would be the same as the 2017 amendments analyzed in the Program EIR.

Impact 4.4-1: Archaeological and Tribal Cultural Resources: The Program EIR determined that future development could result in impacts to archaeological, historical archaeological, human remains, and/or tribal cultural resources. However, City requirements for cultural resource investigations would ensure that future development projects assess and mitigate potential impacts, rendering this impact less than significant. The Project would not introduce any changes that could result in intensified development beyond that discussed in the Program EIR. The Project would be subject to the same City requirements. Therefore,the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.4-2: Historic Resources: The Program EIR determined that future development could result in impacts to historical resources, however, site specific redevelopment could occur under existing conditions without the proposed plan amendments. This impact is less than significant.

The Project would not introduce any changes that could result in intensified development beyond that discussed in the Program EIR. As was the case with the 2017 amendments, site-specific redevelopment could occur under existing conditions without the Project. Any specific projects resulting from the Project would be subject to individual project-level CEQA compliance determinations. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.4-3: Paleontological Resources: The Program EIR determined future development could result in impacts to unknown paleontological resources discovered during construction.

However, adherence to City procedures would not result in significant impacts. The Project does not entail any specific projects. Any specific projects would be subject to individual project-level CEQA compliance determinations, and the same City procedures described in the Program EIR.

Hazards and Hazardous Materials
Impacts would be the same as the 2017 amendments analyzed in the Program EIR and the Initial Study.

The Program EIR explained that the Initial Study, incorporated by reference in the Program EIR, determined that there would be no impact to hazards and hazardous materials. As with the 2017 amendments, the Project would not create a significant hazard to the public or environment through transport, use, or disposal of hazardous materials, or through the release of hazardous

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materials into the environment. The Project would not emit hazardous emissions or handle hazardous materials or waste within ¼ miles of an existing or proposed school. The Project would not be located on a site included on a list of hazardous materials sites, within an airport land use plan or within two miles of a public airport or public use airport, or the vicinity of a private airstrip. It would not impair or interfere with an adopted emergency response plan or emergency evacuation plan, or expose people or structures to a significant risk of loss, injury, or death involving wildland fires. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Hydrology and Water Quality
Impacts would be the same as the 2017 amendments analyzed in the Program EIR.

Impact 4.5-1: Stormwater Drainage: The Program EIR determined that future development could result in stormwater runoff, but would not substantially alter the existing drainage pattern of the area, substantially increase the rate or amount of surface runoff, exceed the capacity of existing or planned storm drain facilities, cause downstream or off-site drainage problems, or increase the risk or severity of flooding in downstream areas. This is a less than significant impact. The Project would not introduce any changes that could result in intensified development beyond that discussed in the Program EIR that could affect stormwater drainage. Future development resulting from the Project would be subject to the same existing City regulations and General Plan Policies as discussed in the Program EIR. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.5-2: Water Quality: The Program EIR determined that future development could result in water quality degradation to San Lorenzo River from automobile oils and greases carried in stormwater runoff. Grading could also result in erosion and potential downstream sedimentation if not properly managed. This is a less than significant impact. The Project would not introduce any changes that could result in intensified development beyond that discussed in the Program EIR that could affect water quality. Future development resulting from the Project would be subject to the same City requirements for stormwater regulations, BMPs, grading permits, Stormwater Pollution Prevention Plans (SWPPPs), and erosion control plans as discussed in the Program EIR. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.5-3: Flood Hazards: The Program EIR determined that future development could result in exposure to flood hazards, including watercourse flooding, sea level rise or tsunami. However, with compliance with federal flood requirements and implementation of City plan and programs, there would be no indirect impacts related to exposure to flood hazards, rendering this impact less than significant. The Project would not introduce additional flood hazards beyond the Program EIR, and future development resulting from the Project would be subject to compliance with the same federal flood requirements and City plans and programs discussed in the Program

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EIR. The Project would also not introduce any changes that could result in intensified development beyond that discussed in the Program EIR that could affect tsunami hazards.

Public Services
Impacts would be the same as the 2017 amendments analyzed in the Program EIR.

Impact 4.6-1c: Schools: The Program EIR determined that there could be indirect increases in population associated with potential development that would generate elementary school student enrollments that could exceed capacity of existing schools. The Program EIR also determined that payment of school impact fees pursuant to Government Code section 65996 will be collected at the time of issuance of any building permits, which reduces impacts on school capacity to less than significant. Section 65996, subdivision (d) specifies that payment of school impact fees “are hereby deemed to provide full and complete school facilities mitigation” under CEQA. The Project would not introduce any changes that could result in intensified development beyond that discussed in the Program EIR that could affect student enrollments. The General Plan policies that serve to mitigate potential impacts to existing school facilities as a result of new development and population growth discussed in the Program EIR would continue to apply to the Project. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.6-2: Parks and Recreation: The Program EIR determined there could be indirect impacts resulting in increased population associated with potential development that would result in increased demand for parks and recreational facilities that could result in some deterioration of existing parks and recreational facilities. The Program EIR also determined that implementation of the General Plan 2030 goals, policies, and actions that set forth measures to avoid and minimize adverse impacts on parks and recreation facilities and required payment of park fees reduced these impacts to less than significant. The Project would not introduce any changes that could result in intensified development beyond that discussed in the Program EIR that could affect demand for park and recreational facilities. The Project would also be subject to the General Plan goals discussed in the Program EIR. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.6-1a: Fire Protection: The Program EIR determined there could be indirect impacts from increased population that would result in increased fire protection and emergency service demands. Existing and future development and growth within the City would result in the need to construct new or expanded fire stations, however, the impacts of fire station construction or expansion are not expected to be significant. This is a less than significant impact. The Project would not result in additional growth beyond that discussed in the Program EIR that would require new or expanded fire stations. Therefore, the Amendments will not result in any new,

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previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.6-1b: Police Protection: The Program EIR determined that there could be indirect impacts from increased population that would result in increased police protection service demands. However, future development and growth would not result in the need to construct new or expanded police facilities. This is a less than significant impact. The Project would not result in additional growth beyond that discussed in the Program EIR that would require new or expanded police facilities. Therefore, as with the Program EIR, the Project would result in a less than significant impact and no mitigation measures are required.

Impact 4.6-3: Solid Waste. The Program EIR determined that there could be indirect impacts from increased population that could result in indirect generation of solid waste that could be accommodated within the remaining landfill capacity. This is a less than significant impact. The Project would not result in additional growth beyond that discussed in the Program EIR that would result in increases in solid waste generation. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.6-4: Energy Use: The Program EIR determined that there could be indirect impacts from increased population that could result in indirect increased energy demands, which would not be wasteful or an inefficient use of resources. This is a less than significant impact. The Project would not result in additional growth beyond that discussed in the Program EIR that could result in increased consumption of electricity and natural gas for lighting, heating, and cooling of residences and other buildings. The Project would also be subject to the General Plan policies that seek to reduce energy use with a significant production and use of renewable energy, as well as State and City building regulations designed to reduce energy consumption discussed in the Program EIR. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Land Use
Impacts would be the same as the 2017 amendments analyzed in the Program EIR.

Impact 4.9-1: Conflicts with Policies and Regulations: The Program EIR determined that there will be no conflict with policies or regulations adopted for the purpose of avoiding or mitigating an environmental effect, and therefore, there will be no impact related to consistency with local plans and policies. The Project would also not conflict with any applicable policies or regulations. As the Program EIR provides, the consistency determination for amendments to the LCP affecting the portions of the Project in the coastal zone will be made by the Coastal Commission at the time the LCP amendment is reviewed. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

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Mineral Resources
Impacts would be the same as the 2017 amendments analyzed in the Program EIR and the Initial Study.

The Program EIR explained that the Initial Study, incorporated by reference in the Program EIR, determined that there would be no impact to mineral resources. As with the 2017 amendments, the Project would not result in loss of availability of a known mineral resource of value to the region and residents of the state, or result in the loss of availability of a locally important mineral resource recovery site. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Noise
Impacts would be the same as the 2017 amendments analyzed in the Program EIR and the Initial Study.

Noise-1: Exposure to Noise: The Program EIR explained that the Initial Study, incorporated by reference in the Program EIR, determined that future development would be exposed to exterior and/or interior noise levels that exceed local and state requirements. However, the project area is not within locations that would expose people to noise in excess of established standards. The Program EIR also required preparation and implementation of acoustical studies for future residential development along Front Street to specify building design features that meet state interior sound levels. The Project does not include any specific projects. Any specific projects resulting from the Project would be subject to individual project-level CEQA compliance determinations, which would be subject to the same requirements as described in the Program EIR. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Noise: Generation of Vibration, Location Within Airport Land Use Plan: The Program EIR explained that the Initial Study, incorporated by reference in the Program EIR, determined that this noise impact would have no impact. The Project is also not located within an airport land use plan or within two miles of a public airport or public use airport. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Traffic & Transportation
Impacts would be the same as the 2017 amendments analyzed in the Program EIR.Impact 4.7-1:

Circulation System Impacts: The Program EIR determined that there will be an increase in daily and peak hour trips, but would not cause existing or planned intersection traffic to operate at an unacceptable Level of Service (LOS) or further degrade intersections that already operate at an unacceptable LOS, except in the cumulative scenario, where one mitigation measure requiring fair share contribution to intersection improvements was included that reduced the impact to a less than significant level. With the enactment of legislation and amendments to the CEQA

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Guidelines substituting VMT for LOS as a traffic impact metric, the City has adopted VMT thresholds of significance and is applying its VMT thresholds in project-specific reviews as required by the law. However, where a prior EIR, such as the Program EIR here, utilized LOS as the traffic impact metric, the City is not required to prepare a VMT analysis for subsequent projects, as it would be comparing “LOS apples with VMT oranges.” (Olen Properties v. City of Newport Beach (2023) 93 Cal.App.5th 270, 281.) In addition, the majority of the Downtown Area is within a Transit Priority Area, defined as within a ½ mile radius around an existing or planned major transit stop or an existing stop along a high-quality transit corridor, and development projects within Transit Priority Areas are generally considered to have less-than-significant impacts related to VMT.

Nonetheless, the City has considered at a qualitative level whether the Amendments could substantially increase the number of trips generated by development allowed under the Project.

The only change in the Project that has potential to increase any trips is related to the change in the requirement for residential units in projects seeking to increase height from 50 to 70 feet. In Additional Height Zone B, projects that are exclusively hotel or office above the ground level are already allowed by right at up to 50 feet in height when applicable ground floor uses and standards are met. In that area, the current requirements specify that to increase building height from 50 feet to 70 feet, the project must include, among other things, “a concentration of new housing,” and the Project proposes to eliminate this requirement for housing as a prerequisite to achieve the additional height in Additional Height Zone B. First, “a concentration of new housing” is an unspecified number of housing units and could be a relatively small number, such as five or ten units, within an entire building. Thus, the vast majority of the space, including the space in the additional height area between 50 and 70 feet tall, can already be dedicated to hotel or office uses. Second, all of Additional Height Zone B only totals just over 3.35 acres, and the area within Additional Height Zone B that has not either been recently entitled with housing, under construction with housing, or planned for paseo space totals only approximately 1 acre.

Thus, in comparison to the Downtown Plan area or even the area that was the subject of the 2017 Downtown Plan regulatory changes, the overall area affected by the Project’s change to the use allowances is relatively small. Comparison of trips between uses can be challenging given how trip generation rates are measured (e.g., per unit for residential, which can vary greatly in size, versus per room in hotels versus by square feet for office). However, the area in question that is subject to potentially change from residential to office or hotel use is very small – what amounts to the potential for ten or fewer residential units in each of two potential project sites that are not already entitled or under construction (noting that a third site is not likely to redevelop with hotel or offices above 50 feet in height given that it is irregularly shaped and only a total of 4,008 square feet). Third, with remote work gaining popularity due to the pandemic, Santa Cruz has seen no interest in new office development, so it is not reasonably foreseeable that office development would occur. Fourth, the cumulative analyses contained in the 2017 Downtown Plan Amendments EIR shows that intersections would either be operating at a LOS E or F or would be operating at LOS C or better. The analyses also state “The City of Santa Cruz has established LOS D as the minimum acceptable LOS for overall intersection operations during the AM and PM peak hours. However, under the existing General Plan, the City accepts a lower LOS (F) at some major regional intersections per existing Circulation Policy 5.1.2.” Given that

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the threshold of significance is a change from LOS D to E, and no intersections were identified as degrading to LOS D, any minor change in the number of trips would not result in a change from a less than significant impact to a significant one. A Mitigation Measure (5-1) adopted with the 2017 Downtown Plan Amendments requires that future development projects contribute fair share payments for improvements at noted intersections, which will be based on the number of trips that the project generates at those intersections. Fifth, with the overall occupancy rate for hotels being well below 100 percent (currently 67% in 2023 and only 80% in peak season during June to July, 2023), the trips from any new hotel use would, to some extent, be shifting trips from existing hotels in the nearby area to any such new hotel, not creating new trips. Thus, considering the very small amount of square footage in question, the trip generation rates for the potential uses, and the other factors noted above, any changes to the number of vehicle trips are not expected to alter the conclusions of the prior analyses. The Project will not increase daily or peak hour trips beyond that discussed in the Program EIR that could result in an unacceptable LOS or further degradation of intersections. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.7-2: Highway Segment Impacts: The Program EIR determined that there will be an increase in daily and peak hour trips, but would not result in a change to an unacceptable LOS along state highway segments. This is a less than significant impact. For the reasons stated above, the Project will not result in an increase in daily and peak hour trips beyond that discussed in the Program EIR such that the impact analyses and conclusions would change as they relate to impacts along state highway segments. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.7-3: Project Access: The Program EIR determined that there will be no impact resulting from the creation of hazards due to design of the project circulation system or introduction of incompatible uses. The Project does not include any design features that would change vehicle circulation or access, and would not create any hazards from project circulation design or incompatible uses beyond that discussed in the Program EIR. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required Impact 4.7-4: Emergency Access: The Program EIR determined that there will not be impacts from inadequate emergency access. The Project does not propose changes to vehicle circulation or modifications of emergency access. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.7-5: Transit, Pedestrian and Bicycle Travel: The Program EIR determined that there will be no impacts resulting from conflict with adopted policies, plans, or programs regarding public transit, bicycle or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. The Project also does not involve any components that would impact public transit, bicycle or pedestrian facilities, or otherwise decrease the performance or safety of such

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facilities. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Water & Wastewater
Impacts would be the same as the 2017 amendments analyzed in the Program EIR.

Impact 4.8-1: Water Supply: The Program EIR determined that there could be indirect intensified development with a demand for potable water in a system that, under existing conditions, has adequate supplies during average and normal years, but is subject to potential supply shortfalls during dry and critically dry years. The additional demand would not result in a substantial increase during dry years and would not be of a magnitude to affect the level of curtailment that might be in effect. This is a less than significant impact. The Project would not introduce any changes that could result in intensified development beyond that discussed in the Program EIR that could result in increased water demand to a level that substantially impacts supply from existing sources. The allowances for upper level hotel rooms or office space would be comparable to or less than the water use for the residential uses already allowed and studied in that area, in part due to the typical absence of water use for things like cooking and dishwashing in both office and hotels. Further, hotels typically have a lower occupancy rate than residential, with 70 percent to 80 percent occupancy being a good occupancy rate for a hotel. Further, even if water use were greater for hotel or office space, which it is not, any increment would be de minimis and inconsequential given the very small amount of square footage that would potentially change in use and given the significant demand studied and planned for as part of the City’s Urban Water Management Plan. The Project would also be subject to the City’s water conservation plans and programs discussed in the Program EIR. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Impact 4.8-2: Wastewater Treatment: The Program EIR determined that there would be indirect increased development and population growth that would result in indirect generation of wastewater that could be accommodated by the existing wastewater treatment plant. This is a less than significant impact. The Project would not introduce any changes that could result in intensified development beyond that discussed in the Program EIR that would generate wastewater that could not be accommodated by the existing treatment plant. Therefore, the Amendments will not result in any new, previously unconsidered significant impacts or substantially more severe previously identified impacts, and no new mitigation measures are required.

Conclusion
The foregoing analysis in this Addendum confirms that 1) the Project does not exceed the environmental impacts analyzed in the Program EIR, 2) that no new impacts have been identified, and 3) no new mitigation measures are required. The Project would not result in greater impacts than were identified for the Program EIR. No new impacts have been identified and no new mitigation measures are required for the Project.

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Planning Commission

AGENDA REPORT
DATE: September 12, 2023
AGENDA OF: September 21, 2023
DEPARTMENT: Planning and Community Development
SUBJECT: A23-0001 Downtown Plan Amendments Related to Removing Public Hearing Requirements for Day Care and Supportive Housing, Consistent with State Law; Expanding Hotel, Residential, and Recreational Use Allowances; Revising Additional Height Criteria; Adding Language to Encourage Activated Roof Top Amenities; and Amending Landscape Requirements to Allow More Flexibility with Landscaping and Tree Selection
RECOMMENDATION: That the Planning Commission recommend that City Council approve Amendments to the Downtown Plan and the Local Coastal Program to clarify and update various sections, remove obsolete sections and references, streamline application processes, and bring the Downtown Plan into conformity with State law, finding that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered with the adoption of the Downtown Plan amendments; and that the proposed amendments are in general conformance with the principles, policies and land use designation set forth in the General Plan, Local Coastal Program, and the Downtown Plan. The amendments include but are not limited to removing public hearing requirements for day care and supportive housing, consistent with state law; expanding hotel, residential, and recreational use allowances; revising additional height criteria; adding language to encourage activated roof top amenities; and amending landscape requirements to allow more flexibility with landscaping and tree selection.

BACKGROUND: The Downtown Plan is a dynamic document that is updated from time to time to reflect changing needs of the City. The last two updates to the Downtown Plan were in 2017, when additional height allowances and other changes were incorporated, and in 2020, when changes to various use regulations were approved, primarily relating to personal services, tattoo parlors, and alcohol sales. Continuing on that regular update cycle, Planning and Community Development staff and Parks and Recreation staff have compiled a series of proposed Downtown Plan Amendments related to the following:
 Streamlining processes to minimize unnecessary delays,  Updating standards that have proven to be problematic,  Ensuring consistency throughout the many sections of the plan, and  Updating the plan to address recent State law changes.

The proposed Downtown Plan Amendments include a variety of updates, clarifications, corrections, and changes intended to better serve the City, as discussed below in greater detail.

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DISCUSSION: The proposed Amendments to the Downtown Plan include, but are not limited to the following revisions. Other, minor edits to the Downtown Plan are not discussed separately here if they either are non-substantive in nature or if the edits were made for consistency with the below discussion points.
 Eliminate the Administrative Use Permit (AUP) requirement for ground floor Supportive and Transitional Housing in existing ground floor residential units and for Small and Large Family Daycare Units in existing ground floor residential units (Table 4-1 in Chapter 4 of the Downtown Plan), making them Principally Permitted uses. This change would bring the plan into consistency with state law and simplify and streamline certain residential and daycare uses in the downtown. Recent state laws (e.g. Assembly Bill 2011 (2022); Senate Bill 6 (2022), SB 2 (2007), and AB 2162 (2018)) now require that supportive and transitional housing be treated the same as all other residential uses, and these amendments achieve that.  Expand the Theatres/Commercial Entertainment use (Table 4-1 and 4-2) to include arcades, billiard halls and other indoor recreation uses in order to more fully encompass the different types of recreational uses that would be acceptable in the downtown area.  Amend the ground floor footnote (2) Multi-Family Housing to include Supportive and Transitional Housing and Flexible Density Unit Housing, to limit the frontage of residential lobbies and leasing areas at the ground level in the Pacific Avenue Retail District, and to provide other, clarifying language. Flexible Density Unit uses were recently added to the Zoning Code, so this provides consistency with the Downtown Plan. Supportive and Transitional Housing was added so that those units are treated the same as other multi-family residential uses, consistent with state law. The frontage width limitations for residential lobbies and leasing areas has been included to maintain retail and active uses along Pacific Avenue. Staff has encountered downtown projects where developers sought to limit retail and have a large residential lobby or leasing office, which can creates long stretches of limited activity along the Pacific Avenue corridor.
 Amend the regulations for hotels/motels, eliminating language regarding the location of hotels, and prohibiting hotel rooms on ground level frontages and along the Riverwalk level frontage. This change reflects previously-approved changes made by the City Council in 2017 that were inadvertently left out of the Coastal Commission’s previous Local Coastal Program approvals.
 Include a new ground floor footnote (19) to require that recreational uses or other active ground floor use be visible from the street frontage.
 Eliminate the Administrative Use Permit (AUP) requirement for upper floor multi-family residential, flexible density units (FDUs), single-room occupancy (SRO) units, large family daycare, and supportive and transitional housing (Table 4-2 in Chapter 4 of the Downtown Plan) and make them Principally Permitted uses. This change would bring the plan into consistency with state law (in the case of the daycare and supportive/transitional housing uses) and simplify and streamline residential projects in the downtown. The Downtown Plan has historically required AUPs for residential uses, which requires a Zoning Administrator hearing. New developments containing upper-floor multi-family, FDUs, or SROs can be reviewed through a design permit. No conditions other than standard code requirements are placed on the residential use, therefore, the use permit process does not offer value over the

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design permit process. Recent state laws (e.g. Assembly Bill 2011 (2022); Senate Bill 6 (2022)]SB 2 (2007), and AB 2162 (2018) now require that supportive and transitional housing be principally permitted and treated the same as all other residential uses.

 Change the level of review for additional height approvals to require a Planning Commission recommendation to the City Council, rather than a Planning Director recommendation. This revision would change the level of review required for additional height approvals to be consistent with the process for most other projects, which typically require a Planning Commission recommendation if the project requires a City Council approval, rather than a recommendation from a Planning Director.

 Clean up additional height zone criteria to remove language that is redundant with the Density Bonus Law, which already allows an additional height waiver for height restrictions, by deleting the following text: “iv. The project qualifies for a density bonus as allowed under either State law or City adopted density bonus ordinance.”

 Amend Additional Height Zone B criteria language to eliminate “by including a concentration of new housing.” The existing language is overly limiting, as it only takes into consideration projects that include housing, which is not consistent with City policies that encourage visitor-serving uses in the downtown and specifically within the coastal zone, nor is it consistent with policies of the Downtown Plan and General Plan that support a mix of uses in the downtown as a means to support economic and cultural activities. This revision is proposed to allow for additional height for projects that exclusively contain other uses such as hotels (which are favored, visitor-serving uses within the Coastal Zone), offices, etc. (with accompanying ground-floor uses), rather than projects that include some unknown “concentration of housing.”

 Add language to encourage the use of rooftops for amenity spaces such as rooftop bars and pools, including a section on “Activated Roof Top Amenities,” because open space is limited in the downtown area. The proposed amendment allows community amenities including rooftop bars and pools, shade structures, and associated access facilities to extend no more than 15 feet above the otherwise maximum allowable height limit. The rooftop improvements are required to be setback at least 15 feet from the edge of the roof and are limited to not more than 50% of the gross rooftop area.

 Amend sections related to Parks and Recreation to specify the required tree species and locations, because some of the tree types currently listed have not worked in practice. This revision would specify required tree species and locations to provide flexibility to current and future staff and project designers to select the most appropriate street trees for each site and situation. The downtown area—as well as urban forestry practices and available tree species—have evolved since the original Downtown Recovery Plan was adopted and will continue to evolve. Moreover, increasing diversity of tree species is important for long-term resilience of the urban forest and is a goal of the City’s adopted Street Tree Master Plan.

The intent of the Downtown Plan is to provide “a balanced mix of uses that will reinforce downtown Santa Cruz as a place of commerce, culture, and recreation: a place that people choose to go to meet friends; a place that naturally and spontaneously accommodates civic events; and a place where people live and work.” The proposed amendments are intended to

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enhance and provide a better balance to the existing mix of uses to encourage and invite people to visit, live, work, spend time, and meet all of their daily needs in the downtown.

The proposed amendments are consistent with the policies of the General Plan, including but not limited to the following:
 Community Design Policy CD2.1.7 – Update the Downtown Recovery Plan to reflect Santa Cruz’s successful recovery from the 1989 Loma Prieta earthquake, and to respond to current opportunities and challenges.
 Land Use Development Policy LU3.5.1 – Amend the Downtown Recovery Plan and the Beach and South of Laurel Plan to encourage and allow additional public and commercial uses along Lower Pacific Avenue and Front Street.  Economic Development Policy ED1.1.2 – Support the development and expansion of businesses that make a balanced contribution to the cultural, environmental, and economic health of the city.
 Economic Development Policy ED1.1.3 - Encourage the development of year-round businesses and visitor activities, resources, and destinations that can also attract and engage local residents.
 Economic Development Policy ED 1.1.6 - Revitalize the RiverFront area.  Economic Development Policy ED 1.5.1 - Encourage the development of facilities that would accommodate conferences and conference-goers in conjunction with existing or new hotel development.
 Economic Development Policy ED 1.5.2 - Attract a top-end, full-service hotel to expand and improve the year-round conference segment of the tourism market.  Economic Development Policy ED 5.5.1 - Enhance Downtown as a welcoming and inviting destination for residents, visitors, and businesses.  Economic Development Policy ED 5.5.3 - Retain existing businesses and attract new ones to downtown Santa Cruz.
 Economic Development Policy ED 5.5.4 - Create a distinctive and active pedestrian environment downtown.
 Economic Development Policy ED 5.5.6 - Require continuity of active ground-level uses (retail, restaurant, cultural, etc.) along Pacific Avenue.

The proposed amendments to the Downtown Plan meet these goals by streamlining both residential and visitor-serving development in the downtown, encouraging roof top open space and amenities, and supporting overall economic development in the downtown by encouraging a mix of uses that are appealing to both residents and visitors and that allows people to bike, walk, or park and visit a variety of businesses in the Downtown in one trip.

Local Coastal Program & Local Coastal Program Consistency. Portions of the Downtown Plan area are within the Coastal Zone and will therefore require approval of a Local Coastal Program Amendment by the California Coastal Commission before they take effect in the Coastal Zone. Specifically, Chapter 4 (Development Standards and Design Guidelines) of the Downtown Plan is part of the Local Coastal Program. Following action by the City Council, city staff will prepare an application to submit to the Coastal Commission for approvals.

The Local Coastal Program encourages the expansion of visitor-serving accommodations in the Coastal Zone, and the proposed changes are consistent with those policies. The Local Coastal

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Program also contains policies addressing certain views. Fore the reasons outlined in the Addendum to the 2017 Downtown Plan Amendments Program Environmental Impact Report (EIR), the proposed minor changes to rooftop allowances in a small portion of the project area would not negatively affect public views.

The proposed amendments are consistent with the policies of the Local Coastal Program, including but not limited to the following policies:
 2.4.6 Provide for the development of supporting land uses adjacent to retail shopping areas (e.g., motels/hotels around visitor-shopping areas, and residences and offices around resident-serving shopping areas), while assuring protection of existing residential neighborhoods. (See policies under L 2.9, ED 2.3, ED 5.2)  5.3.5 Ensure that visitor-serving facilities are arranged and developed in a compact, integrated manner to reduce automobile circulation and emphasize pedestrian movement. (See policy ED 5.3)
 5.2 Encourage upgrades of existing hotel facilities and attract quality hotel and conference facilities in locations and scale appropriate to the City's character to enhance the quality of visitor-serving areas and promote development of the conference tourism market. (See policy ED 2.4.6)
 2.7.2 Improve the character and quality of visitor-serving commercial areas to encourage more off-season and overnight visits. (See policies under goal ED 5)  7.6 Improve the San Lorenzo River levee to provide an additional community “linear park” resource which serves as improved access to Downtown in accordance with river design concept plans. (P. 278)
 T-5 Access and pathways in the Front Street corridor should be designed to draw people out of the downtown to the River.
 SRFA –7 Ensure that any parcel consolidation strategy provides for public access from the Front Street sidewalk to the levee. Maintain the ten-foot step back requirement between buildings included in the Downtown Recovery Plan for any development.

Encourage pedestrian traffic through creative inviting design and incorporate water features, gardens, paving, and stairways up the levee as design features.  3.6 In pedestrian areas, require building design to be responsive to the pedestrian environment. These areas include but are not limited to Downtown, South of Laurel, the Beach, wharf, shoreline, and commercial shopping areas.  3.7 Require development to incorporate features to promote pedestrian use including new linkages to the pedestrian system. (See policy C 2.2.6)  2.6.3 Prioritize development of high-density mixed residential and commercial development in the City's Downtown Central Business District, North River Street, and South of Laurel areas over undeveloped lands at the periphery of the City. (See policies under CD 1.1, H 1.3.1.1, and H 1.3.1.3).
 4.5.1 Require continuity of active ground-level uses (retail, restaurant, cultural, etc.) along Pacific Avenue.
 5.2.1 Encourage the development of facilities that would help accommodate conference users in conjunction with existing hotels or new hotel development.  5.2.2 Investigate the attraction of a top-end, full-service hotel to expand and improve the year-round conference segment of the tourism market.

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Next Steps. Should the City Council ultimately adopt the edits, they will take effect immediately, except for the edits to Chapter 4. The edits to Chapter 4 will take effect immediately outside the Coastal Zone but will require approval by the Coastal Commission before they take effect in the Coastal Zone. The pending hotel development at the northeast corner of Front and Laurel Streets is expected to benefit from these updates, as are future mixeduse residential projects, entertainment uses, day care uses, and supportive/transitional housing uses in downtown. Adoption of these changes does not commit the City to any action on future entitlement.

Environmental Review. An Addendum to the 2017 Downtown Plan Amendments Program EIR (Addendum) has been prepared pursuant to CEQA Guidelines sections 15162 and 15164.

Pursuant to CEQA Guidelines section 15164, subdivision (e), the purpose of the Addendum is to summarize the proposed project, assess the proposed modifications to the 2017 project evaluated in the Program EIR, and identify the reasons for the City’s conclusion that the regulatory changes associated with the proposed Project and its environmental effects do not meet the conditions described in CEQA Guidelines section 15162 calling for preparation of a subsequent or supplemental environmental document.

The proposed Amendments require only minor modifications to the Downtown Plan.

Regarding revisions to the LCP, portions of the Downtown Plan area are outside of the coastal zone and will not require approval from the California Coastal Commission. The amendments to the LCP affecting the portions of the Downtown Plan area that are within the coastal zone will require Coastal Commission approval and are therefore exempt from CEQA pursuant to Public Resources Code section 21080.9.

Thus, the Program EIR examined essentially the same project that is now being considered by the City. As a result, the Amendments would have no new impacts or more severe impacts than previously discussed and analyzed in the adopted Program EIR and would not require additional mitigation measures. The subject project and the associated Addendum do not prevent the City from conducting environmental review on subsequent entitlement requests, nor does it preclude the City from requiring additional mitigation measures for those subsequent requests.

25.398
Submitted by:

Ryan Bane
Senior Planner
Approved by:

Lee Butler
Director of Planning & Community
Development
ATTACHMENTS:

1. A23-0001 Ordinance and LCP Amendment, clean copy

2. A23-0001 Ordinance and LCP Amendment, redline version

3. Addendum to the City of Santa Cruz Downtown Plan Final Program EIR

4. Draft Downtown Amendments Resolution

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CITY OF SANTA CRUZ
City Hall
809 Center Street
Santa Cruz, California 95060

PLANNING COMMISSION

ACTION SUMMARY
Regular Meeting
September 21, 2023
7:00 P.M. GENERAL BUSINESS AND MATTERS OF PUBLIC INTEREST, COUNCIL CHAMBERS Call to Order-The meeting was called to order at 7:00 p.m.

Roll Call-Commissioners Conway, Dawson, McKelvey, Polhamus, and Kennedy were present.

Absent w/notification-Commissioners Gordon and Maxwell were absent with notification.

Statements of Disqualification-None
Oral Communications-The following members of the public addressed the Commission: None.

Approval of Minutes

1. Approval of the minutes of August 3, 2023.

MOTION: Motion made by Commissioner Dawson, seconded by Commissioner Polhamus, to approve the minutes of August 3, 2023.

ACTION: Motion passed by the following vote:

AYES: Dawson, McKelvey, Polhamus, Kennedy
NOES: Conway
ABSENT: Gordon, Maxwell
Public Hearings

2. 1800 Soquel Avenue Project Number CP22-0142 Assessor’s Parcel Numbers: 011-041- 63, -64, -65. Commercial Demolition Authorization Permit to Demolish an Existing Commercial Building; Boundary Adjustment to Merge Three Parcels; Design Permit; Special Use Permit; and Density Bonus Request Involving Incentives, Concessions, and Waivers to Development Standards, Including Exceeding Height, and a Reduction in

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Auto and Bike Parking and Open Space Requirements to Construct a Four-Story Mixed Use Project Consisting of 1,928 Square Feet of Ground Level Commercial Space and 84 Residential Units on a Parcel Located in the Community Commercial (CC) Zone District and Within the Eastside Business Improvement Plan Area. Environmental Determination: Categorical Exemption; Applicant: Mark Donahue, Lowney Architecture; Filed 10/03/22.

MOTION: Motion made by Commissioner Conway, seconded by Commissioner Polhamus to acknowledge the environmental determination and approve the Nonresidential Demolition Authorization Permit, Boundary Adjustment, Density Bonus Request involving incentives, concessions, and waivers to development standards, including exceeding height, and a reduction in auto and bike parking and open space requirements, to construct a four-story mixed-use project consisting of 1,928 square feet of ground level commercial space, and 84 residential units on a parcel located in the Community Commercial (CC) zone district and within the Eastside Business Improvement Plan Area, with the following modifications and additions to the Conditions of Approval (additions and deletions noted by strike-through/underline):

Condition of Approval Number 26 shall read as follows: Prior to issuance of the demolition permit, the applicant shall obtain a building permit for the construction of the new mixed-use development. Issuance of the demolition permit may be made prior to building permit issuance at the discretion of the Planning Director.

Condition of Approval Number 29 shall read as follows: Bike Parking. Plans submitted for building permit issuance shall demonstrate that all bike parking has been provided per Section 24.12.250 of the Zoning Ordinance. 73 bike parking spaces will be provided pursuant to a density bonus waiver requested by the Applicant. The plans shall include specifications for the Class 2 bike parking racks including manufacturer, dimensions, and design, and a description of the access privileges to any proposed secure bike parking areas. And as per waiver Condition of Approval shall read as follows: Final colors shall be approved by the Director of Planning and Community Development prior to application for building permits, provided there are no substantial deviations from the final colors as proposed in the Project submittal and application materials.

The following Conditions of Approval shall also be included:

65. Management Plan – Applicant shall submit a finalized management plan that provides the criteria specified in Zoning Code Section 24.12.1040, which shall be subject to approval by the Planning Director prior to building permit issuance.

66. Alleyway – The alleyway shall be repaved between Hagemann and Forest Avenues prior to building occupancy. The property owner shall maintain the alleyway in good condition for the portion that abuts the property.

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67. Prior to submittal of building plans the owner shall work with the city to identify possible safety improvements on the private property portion adjacent to the alley for pedestrians, cyclists, strollers, and other non-vehicle uses in the alleyway. Improvements shall be installed prior to building occupancy.

68. Two additional street trees shall be added to the Soquel Avenue street frontage if determined to be feasible by all city departments.

ACTION: The motion passed by the following vote:

AYES: Conway, McKelvey, Polhamus, Kennedy
NOES: Dawson
ABSENT: Gordon, Maxwell
MOTION: Motion made by Commissioner Conway, seconded by Commissioner Dawson, to extend the meeting time to adjourn at 11:15 p.m.

ACTION: The motion passed by the following vote:

AYES: Conway, Dawson, McKelvey, Polhamus, Kennedy
NOES: None
ABSENT: Gordon, Maxwell

3. Amendments to Downtown Plan and Local Coastal Program Project Number: A23-0001 Notice of Availability of amendments to the Downtown Plan and the Local Coastal Program to clarify and update various sections, remove obsolete sections and references, streamline application processes, and bring the Downtown Plan into conformity with State law. The amendments include but are not limited to removing use permit requirements for certain residential uses, expanding hotel, residential and recreational use allowances, revising additional height criteria, adding language to encourage activated roof top amenities, and amending landscape requirements to allow more flexibility with landscaping and tree selection. (Environmental Determination: These amendments are consistent with the adoption of an addendum to the Environmental Impact Report approved for the Downtown Plan). The proposed amendments require a Local Coastal Plan Amendment to be approved by the California Coastal Commission. Applicant: City of Santa Cruz; Filed: 6/6/2023. o MOTION: Motion made by Commissioner Polhamus, seconded by Commissioner Conway, to recommend that City Council approve Amendments to the Downtown Plan and the Local Coastal Program to clarify and update various sections, remove obsolete sections and references, streamline application processes, and bring the Downtown Plan into conformity with State law, finding that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered with the adoption of the Downtown Plan amendments; and that the proposed amendments are in general conformance with the principles, policies and land use designation set forth in the General Plan, Local Coastal Program, and the Downtown Plan. The amendments include but are not limited to removing public hearing requirements for day care and supportive housing, consistent with state law; expanding hotel, residential, and

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recreational use allowances; revising additional height criteria; adding language to encourage activated roof top amenities; and amending landscape requirements to allow more flexibility with landscaping and tree selection with the following additional recommendations: On page 32, under Housing, remove the reference to the City’s 15% affordability requirement; and on page 80, include the addition of language (in bold) to Section H(2)(d)(ii) regarding Skyline Architectural Variation to read as follows:
ii. Skyline Architectural Variation. To promote skyline variation, the top floor of any building shall not exceed 60% of the floor area below or 60% of the building length as measured along Front Street or the Riverwalk, unless the project incorporates planned publicly accessible pedestrian passageways between Front Street and the Riverwalk (in the proximity of the extensions of Cathcart Street, Maple Street, and Elm Street). For projects that incorporate other publicly accessible connections, variation to the 60% floor area standard may be permitted with a recommendation from the Planning Commission and final approval by the City Council provided a finding can be made that the project includes adequate variation/breaks in massing, including as provided by the pedestrian passageways between building, a paseo, etc.

ACTION: The motion passed by the following vote:

AYES: Conway, McKelvey, Polhamus, Kennedy
NOES: Dawson
ABSENT: Gordon, Maxwell
Information Items
Subcommittee/Advisory Body Oral Reports
Adjournment-The meeting adjourned at 11:17 p.m.

25.403
From: elizabeth plageman
To: City Council
Subject: Objection to Height Increase Exception
Date: Sunday, October 22, 2023 8:23:20 AM
I am strongly against the increase in the height of a hotel in downtown Santa Cruz. As a resident of over 20 years I am STRONGLY concerned about over development and height of buildings effects sunlight and the character of our city.

Please DO NOT allow this exception to our rules. Our rules exist for a reason. thank you, Elizabeth Plageman
Status
As of October 2023, city officials had not received a complete application from the developer for review.

The Santa Cruz City Council approved the start of a potential sale of two publicly-owned parcels to a developer for a proposed high-end hotel. The resolution does not guarantee the land sale. In September 2021, the Santa Cruz Community Credit Union sold its building at 324 Front St. to the developer for $6 million, according to county records.

Developer
SCFS Venture, a New York-based company affiliated with New York-based hotel real estate investor Eagle Point Hotel Partners and Santa Cruz-based developer Owen Lawlor of Lawlor Land Use.

Project description
Total rooms: The proposed hotel would have 228 rooms.

Height: 6 stories.

Details: The project includes:
228 rooms.

Retail and cafe space on Front Street.

Meeting rooms and a ballroom.

A restaurant and bar that opens to the San Lorenzo Riverwalk.

A gym, spa and rooftop pool.

The developer would be required to build a public walkway that connects Front Street and the Riverwalk on another city lot just north of the proposed hotel.

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1 Rosemary Balsley
From: Judi Grunstra <[email protected]>
Sent: Monday, October 23, 2023 11:50 AM
To: City Council
Subject: Consent Agenda Item 25
Hello Mayor and Council Members:

I hope that this item will be pulled from the Consent Agenda at the Oct 24 meeting. It's kind of a "sneaky" way to add even more height. I don't object to this hotel that some scorn as a "luxury hotel" as long as they provide parking for their guests, and not expect taxpayers to subsidize their parking needs as previously planned.

However, if they want to offer "rooftop amenities," they must include that in their allowed building height of 70', not add another 15'. That is unacceptable.

Thank you.

Judi Grunstra

25.405
1 Rosemary Balsley
From: Rick Longinotti <[email protected]>
Sent: Monday, October 23, 2023 11:56 AM
To: City Council
Cc: Elaine Johnson; Don Lane; micah posner; Our Downtown; [email protected]; Stephen Baxter; Kara Meyberg Guzman; Christopher Neely, Lookout Santa Cruz; Aric Sleeper; [email protected]
Subject: Vote no on eliminating housing on Front St.

Dear City Council Members,
The proposed changes to the Downtown Plan would eliminate the current requirement that housing make up 60% of the floor area of any project on the east side of Front St. between Soquel Ave and Laurel St. Presumably, this is to allow a visitor hotel to move forward. The proposed changes are in red type:

For properties east of Front Street between Soquel Avenue and Laurel Street, housing is a priority use and shall be at least 60% of the total floor area of any mixed‐use housing the project. This requirement does not apply to properties projects within 75 feet of Laurel Street or Soquel Avenue or projects where the primary use is visitor‐serving.

I am not opposed to a new hotel downtown. However, there are other locations in the Downtown where a hotel can be built that does not result in the loss of an opportunity to build housing.

Besides, the City has yet to explain how it plans to sell a City‐owned lot to the hotel developer, when California’s Surplus Lands Act requires that the City offer the land to an affordable housing developer.

Thank you,
Rick

25.406
1 Rosemary Balsley
From: George Ow <[email protected]>
Sent: Monday, October 23, 2023 2:09 PM
To: Ryan Bane; City Plan; City Council; [email protected]; Matt Huffaker Subject: DOWNTOWN HOTEL PROJECT, 324 FRONT STREET, SANTA CRUZ, CA.

Via Text To: Ryan Bane, senior planner, Santa Cruz planning department, Santa Cruz City Council, Matt Huffaker, city manager.

TO: CITY OF SANTA CRUZ. Re: CRUZ HOTEL PROJECT, 324 Front Street, Santa Cruz I was born January 3, 1943 at the old Santa Cruz Hospital at 555 Soquel Avenue, today it is the Branciforte Plaza. I lived my childhood years at the fourth and last Santa Cruz Chinatown. It is now the San Lorenzo Park Plaza Shopping Center. My grandmother’s house was very near Mobo Sushi’s outside patio. I saw it go down after the 1955 flood. I worked with the city of Santa Cruz and other good people to restore and reopen the then abandoned Del Mar Theater; I took the abandoned Movie 1 & 2 building and sold the building to the Santa Cruz Community Credit Union so that they could transform the building and own it. I supported my son, William Ow, when he wanted to buy the mostly empty and forlorn Old Wrigley Building and fill it by converting it into an incubator hub that would grow businesses. He did it. I worked with Sibley and Nina Simon on putting the Chinese Gate at Evergreen Cemetery. I worked with Tom Ralston and Kathleen Crocetti and Greg Pepping of the Coastal Watershed Council on the magnificent Santa Cruz Chinatown Dragon Gate. When I write that “I” did all these things, I do it for conciseness. I want to be clear that I did them all in heading a talented family team and we in turn had much love and support from the city of Santa Cruz and legions of people from the community. All were vital to these projects. Sometimes other people were more important than I was and sometimes I added support to someone else’s ideas.

Let’s go back to the hotel idea at 324 Front Street. That was the building that was the Movie 1 & 2 building that I sold to Santa Cruz Community Credit Union. A hotel is the perfect use for that property. Scrape the site. Put up a nice hotel that will take advantage of the San Lorenzo River, mountain and downtown from a height view. Use the hotel as an anchor tenant like the downtowns of all major cities have. Use the hotel as the perfect generator of taxes for the city. It is the perfect use for that space and gives a nice variation of uses (positively varies the tenant mix) for downtown.

This hotel is a gift. Support it and help make it happen. When I look at all the plusses and minuses, in my local, business, real estate, economic and social brain, I see that this project is OVERWHELMINGLY POSITIVE and something you would/should require for downtown.

Thank you for your time and service to Santa Cruz.

George Ow, Jr.
[email protected]
text and cell: 831‐247‐4748

25.407
1 Rosemary Balsley
From: Ron Pomerantz <[email protected]>
Sent: Monday, October 23, 2023 3:36 PM
To: City Council
Subject: Vote no on eliminating housing on Front Street with a boutique hotel. > Dear City Council Members,
>
> The proposed changes to the Downtown Plan would eliminate the current requirement that housing make up 60% of the floor area of any project on the east side of Front Street between Soquel Ave and Laurel Street.

This Ordinance change is solely to show favoritism to allow an 80’ boutique hotel to move forward utilizing some City land.
>
> I am opposed to this hotel for a simple reason of the need for affordable housing which should be built on this site. The City has trumpeted housing as the mantra for the massive South of Laurel proposed gentrification plan. Here’s a housing opportunity not pursued. Additionally this project would have City taxpayers subsidize the lack of parking at this development. >
> Thank you for your time and thoughtful consideration. > Ron Pomerantz

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City Council

AGENDA REPORT
DATE: 10/03/2023
AGENDA OF: 10/24/2023
DEPARTMENT: Economic Development and Housing
SUBJECT: METRO Downtown Transit Center Interim Operations Plan - Approval of Plans and Specifications and Related Actions (ED)
RECOMMENDATION: Motion to:
1) Adopt a resolution approving plans and specifications for the METRO Downtown Transit Interim Operations Plan (Plan) pursuant to Government Code Section 830.6 (design immunity), and authorizing removal of unlawfully parked vehicles when the Plan is implemented; 2) Direct staff to review the potential impacts of the Plan on parking revenue with the Downtown Commission;
3) Direct staff to return to the Transportation and Public Works Commission with an update on the conditions of the Plan after it has been implemented; 4) Authorize the City Manager, or designee, to negotiate and enter into a commercial lease with the Santa Cruz Metropolitan Transportation District (METRO) for a storefront facility at 603 and 605 Front Street for a METRO ticket sales/call center function, in a form approved by the City Attorney;
5) Adopt a resolution amending the FY 2024 budget to allocate $500,000 of METRO funding to the Pacific Station North Project for the METRO Interim Operations Plan; and 6) Authorize the City Manager to enter into a Memorandum of Understanding with METRO and For the Future Housing/EDEN that defines roles and financing commitments for the Plan.

BACKGROUND: The Santa Cruz Metropolitan Transportation District (METRO) provides environmentally sustainable transportation to Santa Cruz County. METRO operates county-wide fixed-route and Highway 17 commuter service from its Santa Cruz Pacific Station North complex with connections to Santa Clara County and Monterey Salinas Transit at METRO’s Watsonville Transit Center. METRO operates a fleet of 94 buses on at least 24 fixed routes and 32 paratransit vehicles.

The Pacific Station North’s new and improved planned transit station, including a 128 unit 100% affordable housing project, received zoning permit approval in 2021 and the project developer, For the Future Housing/EDEN, has been working to obtain financing to be able to begin

26.1 construction in February 2024, which will take approximately 2 years to build. Current METRO operations at Pacific Station North include 10 active bus bays, 14 layover bus bays, a sitespecific circulation system, and facilities for public/customer service interaction, operators, and security staff.

Per the terms of a 2020 Memorandum of Understanding (MOU) between the City and METRO, the City has been coordinating the development of the METRO Downtown Transit Center Interim Operations Plan (Plan). A separate MOU is currently being finalized that codifies the roles of the City, METRO, and For the Future Housing/EDEN with respect to the Plan and lays out the financial obligations of METRO for the Plan implementation.

In June 2023, the City’s Economic Development and Housing staff issued a Request for Qualifications for design services for the METRO Interim Downtown Transit Center Operations Plan. The most qualified respondent was identified as Kimley-Horn and Asssociates Inc. (Kimley-Horn). Kimley-Horn offers technical expertise, local implementation experience and development knowledge, and has partnered with the City and METRO on a wide variety of projects including the Front Street Intersection Improvements, the Santa Cruz Warriors Arena Specific Plan, and the Downtown Plan Expansion project. A Professional Services Agreement was subsequently executed between the City and Kimley-Horn for the Plan design services.

If approved by City Council at its October 24, 2023 regular meeting, construction of the Plan’s elements is scheduled to be completed by February 1, 2024. Upon completion of METRO’s new transit center at Pacific Station North, anticipated to require a two-year construction period, traffic patterns will be restored to pre-project conditions.

DISCUSSION: 1. Council Resolution for Approval of Design and Plans/Design Immunity:

Government Code section 830.6 provides design immunity for public entities and public employees, as set forth below:
"Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved ... "
To establish the design immunity defense to shield the public agency from liability related to this project plan and design, the public agency must show:
1) A causal relationship between the plan or design and the accident; 2) Discretionary approval of the plan or design before the construction or improvement; and 3) Substantial evidence supporting the reasonableness of the plan or design.

City engineering staff has worked closely with Kimley-Horn in formulating, reviewing, and approving the plans and design for this project. The City Traffic Engineer has reviewed and approved the Plan as consistent with the City’s standards and applicable state laws, including the applicable traffic rules of the California Manual on Uniform Traffic Control Devices (CA MUTCD).

26.2 Prior to the start of construction of the Plan, staff recommends adopting the attached resolution to approve the Plan to ensure that design immunity pursuant to Government Code section 830.6 attaches to this project. Should the City Council take action to adopt this resolution, it would become effective immediately.

In conjunction with the attached resolution, the City Traffic Engineer and designee(s) will take actions necessary to designate portions of the roadways for exclusive use of public transit buses by installing traffic control devices, and posting appropriate signage and markings to indicate no stopping zones, no parking areas, and restricted parking areas related to this Plan. (SCMC Chapters 10.08-10.60; Veh. Code §§ 21655.1 and 22651).

The Plan designs include temporary traffic circulation patterns, determines associated traffic and sidewalk revisions, and identifies locations for ancillary facilities to support METRO’s operations during the redevelopment of Pacific Station. Key elements include establishing a clockwise traffic flow around the area bounded by Soquel Avenue, Front Street, River Street and River Street South, the removal of the traffic island at the River Street South/Front Street intersection to facilitate METRO bus movements, general traffic restriping, the conversion of River St. South to one-way southbound with a contraflow bicycle lane, and a temporary store front facility at 603-605 Front Street for a METRO ticket sales/call center function. METRO will consolidate all its routes to two stops, one at Front Street and Cooper Street and one on River Street South at the pedestrian bridge. Buses will primarily layover on River Street South in the provided parking lane.

The Plan will utilize curbside space on Soquel Avenue, Front Street, River Street and River Street South to create two new bus stops and create multiple bus layover spaces. On Front Street and River Street, the Plan will create a shared bus/bicycle lane adjacent to the curb to facilitate bus movements, bus layover, bus station service, and bicycle movements. METRO plans to board and deboard passengers at two bus stops, located at the Front Street/Cooper Street intersection and near the midblock crossing on River Street South. Layover spaces will be generally used between 5:00 AM and midnight.

Appropriate signage and traffic control devices will be implemented to advise motorists of the exclusive public transit bus lane, and that authorize the removal of vehicles that obstruct the aforementioned movement of traffic or when vehicles are illegally parked within the exclusive bus lane.

It is recommended that Council adopt the resolution approving plans and specifications for the Plan pursuant to Government Code Section 830.6 (design immunity), and authorizing removal of unlawfully parked vehicles when the Plan is implemented.

2. Potential Impact on Parking/Parking Revenue:

To install the shared bus/bicycle lane on Front Street and River Street, and to respond to the Transportation and Public Works Commission (TPWC) comments, a reduction of on-street parking will be necessary. A description of these parking changes is detailed below.

For Front Street between Soquel Avenue and Cooper St.:

26.3 Bus spaces added - 5 spaces (1 bus stop, 4 bus layovers) Changes to Number of On-Street Parking Spaces – 7 spaces reduced on east side of street, 19 spaces added on west side of street (includes 1 ADA space) Existing On-Street Parking Spaces to Remain – 0 spaces
Total On-Street Parking Provided During Interim Plan – 12 spaces For River Street Between Cooper Street and River Street South:

Bus spaces added - 4 spaces (layover)
Changes to Number of On-Street Parking Spaces – 11 reduced spaces on east side of street.

Existing On-Street Parking Spaces to Remain – 0 spaces
Total On-Street Parking Provided During Interim Plan – 0 spaces For River Street South:

Bus spaces added - 15 spaces (1 bus stop, 14 bus layovers) Changes to Number of On-Street Parking Spaces – 34 spaces reduced Existing On-Street Parking Spaces to Remain – 8 spaces
Total On-Street Parking Provided During Interim Plan – 0 spaces For Soquel Avenue:

Bus spaces added - 2 spaces (bus layovers)
Changes to Number of On-Street Parking Spaces – none
Existing On-Street Parking Spaces to Remain – none
Total On-Street Parking Provided During Interim Plan – none It is recommended that Council direct staff to review the potential impacts of the Plan on parking revenue with the Downtown Commission.

3. Initial Reviews of the Plan by City Departments/Commissions and Return to TPWC with an Update Upon Implementation:

The Plan was reviewed by the Santa Cruz Fire Department’s Fire Marshall and Operations Chief in late August 2023 and was approved with no comments.

The Plan was reviewed by the Santa Cruz Police Department Traffic Specialist in early September 2023 and was approved with no comments.

Public Works staff, including the City’s designated Traffic Engineer established the scope of the Plan, and have reviewed and made final edits to the Plan.

At its September 18, 2023 meeting, the TPWC adopted a motion to reject the Plan, and recommended City Council approval of the Plan with the following changes:
1) Explore contraflow bicycle lane options on River Street South; 2) Improve levee access within the mid-block access point across from the pedestrian bridge on River Street South;
3) Remove parking spaces on River Street South in favor of additional and safer bus facilities;

26.4 4) Remove parking spaces on Front Street in favor of separate facilities for bicycles and bus/car use; and
5) Maintain accessible parking spaces.

The TPWC’s motion also included direction that the Plan be brought back to the TPWC once the Plan’s operations have commenced to address any operational issues.

In response to the first two TPWC comments, staff and Kimley-Horn revised the Plan to include a contraflow bicycle lane to allow for improved levee access at each end of River Street South as well as at the mid-block access point at the pedestrian bridge over the San Lorenzo River. The addition of the contraflow lane also provides an alternate route for cyclists to avoid northbound bus traffic on Front Street.

Additional TPWC requested revisions include the removal of 34 total parking spaces on River Street South to allow for additional bus layover spaces. The additional space for bus parking on River Street South should limit the amount of space required for buses to layover on Front Street, therefore reducing conflicts in the shared bus/bike lane. Staff and Kimley Horn also reviewed the removal of parking spaces on Front Street but determined that doing so would reduce short-term parking serving adjacent businesses and not provide sufficient width to reduce bus/bike conflicts on northbound Front Street. While the parking was not removed as requested by the TPWC, the travel lanes were adjusted to widen the shared bus/bike lane to 15.0 feet at the bus stops, effectively providing the width of a bike lane adjacent to stopped buses. The Plan relocates an accessible parking space provided on northbound Front Street to the southbound side of the street at the intersection with Cooper Street. Staff and Kimley Horn contemplated the requirements of the Public Rights-of-Way Accessible Guide in making this decision. While all public parking was removed on the Front Street, River Street and River South block face, eliminating the requirement to provide an accessible stall, removing the stall could be considered a reduction of access. Therefore, the stall was moved across the street to the signal and would use the existing accessible ramps to travel back to the northbound side of Front Street.

A second TPWC motion carried recommending that the City Council direct the TPWC to review downtown garage parking rates to accommodate the loss of 55 parking spaces during the Plan operations. It was discussed at the TPWC meeting that people may convert to using the River/Front Garage when street parking is reduced. Staff will review the data as it becomes available and report any pertinent findings to the Downtown Commission, which oversees the Downtown Parking District.

The Plan was presented to the Downtown Commission (DTC) at its September 28, 2023 meeting. No action was taken by the DTC, but the Commission did ask for the following to be addressed and considered:
1) Provide more communication to the public and businesses regarding impacts and timeline of the Plan. The DTC also requested that the Plan be presented to the Downtown Association and Visit Santa Cruz (please see below).
2) Provide security in the area of the Plan.
3) The loss of 55 on street parking spaces is significant and could impact the Parking District Fund.

26.5 In regard to the first DTC item concerning public and business engagement about the Plan, staff provided the Plan for review and comment to the Downtown Association on August 23, 2023.

The Plan was included in the Association’s September 12, 2023 newsletter which was sent to 619 Association members. No comments from members have been received to date. Staff from Economic Development and Housing will continue to work directly with the Downtown Association and provide additional outreach and information opportunities before the Plan is implemented.

As part of the Plan, METRO will conduct a robust public outreach process to notify the public of the change in downtown operations from Pacific Station to the interim METRO operations area.

This will include the creation of maps, posters, bus stop notices, wayfinding information and flyers that will be distributed via METRO’s traditional communication channels, including posted notices at Pacific Station and all affected bus stops; METRO’s Headways publication; email alerts and social media posts; a new website landing page about the Plan; distribution to City and County email lists and social media channels; and staff presentations to City and County councils and committees. All material will be available in English and Spanish per METRO’s Limited English Proficiency (LEP) policy. In addition, METRO will take advantage of outreach events planned this fall as part of two concurrent planning efforts - Reimagine METRO and the Rapid Corridors Project - to inform the public of the upcoming changes to downtown operations. The Rapid Corridors Project has several events scheduled in October while Reimagine METRO will kick off another round of outreach in November. METRO will also be doing outreach around a major service change - Reimagine METRO Phase I - planned for December 2023.

Staff provided the Plan to Visit Santa Cruz for review and comment on September 29, 2023, and are awaiting any forthcoming comments.

With respect to the second DTC item concerning security, METRO will increase its contract with Allied Security to add two additional security guards in the downtown area. These guards will monitor bus stop and bus layover activity on the entirety of Front Street and River Street South during METRO’s service hours - roughly 5:00 AM to 1:00 PM. Guards will also ride METRO routes from the Interim Operations area outbound and inbound. The additional guards will start in December 2023 with the major service change.

For the final DTC item, it should be noted that ten on-street parking spaces are being added to the west side of Front Street. Staff will review the effect of the Plan on the Parking District Fund and report back to the DTC.

In addition to the public engagement activities noted above in response to the DTC comments, staff posted flyers about the Plan along the impacted streets in advance of the TPWC meeting.

One member of the public attended the TPWC meeting and provided feedback to the Commission.

Throughout implementation of the Plan, Economic Development and Housing staff will provide project and contract management services and Public Works staff will provide technical support and inspection services.

It is recommended that the City Council direct staff to return to the TPWC with an update on the conditions of the Plan after it has been implemented.

26.6 4. Commercial Lease for City-owned Storefront Facility at 603-605 Front Street:

A proposed commercial lease with METRO for 603-605 Front Street in the Soquel Parking Garage will provide for interim METRO ticket sales/call center operations and will include requirements for tenant improvements. Rents will be set at market level pursuant to existing City policy.

The developer selected by the City and METRO through a previous request for proposals to build the Pacific Station North project will install the Plan elements including the tenant improvements at 603-605 Front Street as part of the Pacific Station North project.

It is recommended that Council authorize the City Manager, or designee, to negotiate and enter into a commercial lease with METRO for a storefront facility at 603-605 Front Street for a METRO ticket sales/call center function, in a form approved by the City Attorney.

5. Proposed Budget Adjustment:

Up to $500,000 of the cost of installing the Plan will be funded by METRO pursuant to the terms of the proposed updated MOU between the City, METRO and the Project developer. Any costs in excess of $500,000 will be borne by METRO. Of the $500,000 budgeted for the Plan, any funds remaining will remain in the project as part of METRO’s contribution to the permanent METRO facilities.

The recommendation is that the City Council approve the budget adjustment allocating METRO funds and appropriating the funds in the FY 2024 budget.

6. City/METRO/For the Future Housing/EDEN MOU
In order to establish the roles and financing commitments necessary to implement the Plan, staff recommends that Council authorize the City Manager, or designee, to enter into an MOU with METRO and For the Future Housing/EDEN pursuant to the terms laid out above.

HEALTH IN ALL POLICIES AND CLIMATE ACTION PLAN: The Plan is consistent with the Health in All Policies pillars of equity, public health, and sustainability. The design elements generated by the Plan and subsequently constructed will provide for continued METRO activities during the Pacific Station redevelopment, will provide infrastrucure for vitally needed transportation options, and will ultimately foster sustainability of transit operations.

Transit improvements are consistent with both the General Plan and Climate Action Plan. The Climate Action Plan specifically prioritizes transit over parking as is implemented in this Plan.

FISCAL IMPACT: Up to $500,000 of the cost of installing the Plan will be funded by METRO pursuant to the terms of the proposed updated MOU between the City, METRO and the Project developer. Any costs in excess of $500,000 will be borne by METRO. Of the $500,000 budged for the Plan, any funds remaining will remain in the project as part of METRO’s contribution to the permanent METRO facilities.

26.7 Prepared By:

Norm Daly
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. CIVIL PLANS PART 1.PDF

3. CIVIL PLANS PART 2.PDF

4. INTERIM PLAN FINAL SPECIFICATIONS.PDF

5. DRAFT MINUTES OF SEPTEMBER 18, 2023 TPWC MEETING.PDF

6. BUDGET ADJUSTMENT.PDF

26.8 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING

PLANS AND SPECIFICATIONS FOR METRO DOWNTOWN TRANSIT CENTER INTERIM

OPERATIONS PLAN INCLUDING DESIGNATION OF ROADWAY LIMITS FOR VEHICLE

REMOVAL
WHEREAS, the Santa Cruz Metropolitan Transportation District (METRO) and the City of Santa Cruz (City) have a Memorandum of Understanding to develop the METRO Downtown Transit Center Interim Operations Plan while Pacific Station North project is being developed; and WHEREAS, the development of Pacific Station North is expected to occur between February 2024 and February 2026, necessitating an interim operations plan; and WHEREAS, Santa Cruz Municipal Code (SCMC) authorizes the City Traffic Engineer to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined in Chapters 10.08 through 10.60. (SCMC § 10.40.030); and
WHEREAS, the City Traffic Engineer is authorized to install any traffic-control device to make effective the provisions of the California Vehicle Code. (SCMC § 10.16.010); and WHEREAS, California Vehicle Code authorizes local jurisdictions and public transit agencies to designate portions of roadways for exclusive use of public transit buses by placing traffic control devices. (Veh. Code § 21655.1); and
WHEREAS, California Vehicle Code authorizes a peace officer to remove a vehicle from the roadway that obstructs movement of traffic or where a resolution authorizes the removal of vehicles and signs are posted giving notice of such of removal. (Veh. Code §§ 22651(b), 22651(n)); and
WHEREAS, the METRO Downtown Transit Center Interim Operations Plan designates an exclusive lane for shared bus and bicycle travel with bus stops on Front Street from Soquel Avenue to Cooper Street, and on River Street from Cooper Street to River Street South, with appropriate signage and traffic control devices to advise motorists of the exclusive public transit bus lane, and that authorize the removal of vehicles that obstruct the aforementioned movement of traffic.

WHEREAS, the METRO Downtown Transit Center Interim Operations Plan designates bus stops and layover facilities on River Street South from Soquel Avenue to River Street South with appropriate signage and traffic control devices that authorize the removal vehicles parked within the aforementioned exclusive bus lanes.

26.9 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, the City Traffic Engineer has reviewed and approved the METRO Downtown Transit Center Interim Operations Plan, consistent with the City’s standards and applicable state laws; and
WHEREAS, Government Code section 830.6 provides design immunity for public entities and public employees if the plans, designs, and specifications for construction or improvement to public property are approved in advance by the legislative body or their duly appointed designee; WHEREAS, by adopting this Resolution, the City Council intends to avail the City of Santa Cruz of the immunities set for in Government Code section 830.6 with regard to the design of the METRO Downtown Transit Center Interim Operations Plan and Specifications; and NOW THEREFORE, BE IT RESOLVED that the foregoing recitations are true and correct, and are included herein by reference as findings.

BE IT FURTHER RESOLVED by the City Council of the City of Santa Cruz finds and declares as follows:

1. The City Council approves the METRO Downtown Transit Center Interim Operations Plan and Specifications, as consistent with the City’s standards and ordinance, and state law.

2. The City Council authorizes the removal of vehicles that obstruct lanes and parking designated for transit by posted signage on Front Street from Soquel Avenue to Cooper Street, River Street from Cooper to River Street South, and South River Street from Soquel Avenue to River Street.

3. The City Council wishes to obtain the immunities set forth in Government Code section 830.6 with regard to the design of the METRO Downtown Transit Center Interim Operations Plan and Specifications.

4. The design approval set forth in this Resolution occurred before actual work on implementing the METRO Downtown Transit Center Interim Operations Plan has commenced.

5. The City Traffic Engineer, or designee, is authorized to act on the City’s behalf in exercising their discretionary authority to approve any alterations or modifications of the design standards and plans approved by this Resolution in accordance with applicable local and state laws.

6. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code section 830.6.

7. This Resolution will become effective immediately upon adoption.

26.10 RESOLUTION NO. NS-XX,XXX
3 PASSED AND ADOPTED this Xth day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED:

Fred Keeley, Mayor
ATTEST:

Bonnie Bush, City Clerk Administrator

26.11 26.12
REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 METRO INTERIM OPERATIONS PLAN GENERAL NOTES C0.01 8/11/2023 PRECONSTRUCTION NOTES: RAMP NOTES: 26.13 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN KEY MAP C0.02 8/11/2023 26.14 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SITE PLAN C1.00 9/1/2023 26.15 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SITE PLAN C1.01 9/1/2023 26.16 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SITE PLAN C1.02 9/1/2023 26.17 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SITE PLAN C1.03 9/1/2023 26.18 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SITE PLAN C1.04 9/1/2023 26.19 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SITE PLAN C1.05 9/1/2023 26.20 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SITE PLAN C1.06 9/1/2023 26.21 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN CONSTRUCTION DETAILS C1.07 9/21/2023 BUS STOP DETAIL (720 FRONT STREET) BUS STOP DETAIL (698 FRONT STREET)

26.22 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN CONSTRUCTION DETAILS C1.08 9/21/2023 BUS STOP DETAIL (RIVER ST. SOUTH) HMA BUS BULB DETAIL 26.23 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 METRO INTERIM OPERATIONS PLAN CONSTRUCTION DETAILS C3.00 8/11/2023 BUSES(MOD) CALTRANS A20A CALTRANS A20B CALTRANS A20D CALTRANS A24A SR60-6(CA) (MOD) DETAIL BIKES OK R26L (CA)(MOD) DETAIL BUS ONLY (MOD)

26.24 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 METRO INTERIM OPERATIONS PLAN CONSTRUCTION DETAILS C3.01 8/11/2023 CALTRANS A20A CALTRANS A20A CALTRANS A20A CALTRANS A20A CALTRANS A20A PAVEMENT WORDS DETAIL 26.25 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 METRO INTERIM OPERATIONS PLAN CONSTRUCTION DETAILS C3.02 8/11/2023 TYPICAL BUS SHELTER NOTE: FOR REFERENCE ONLY. SHELTERS PROVIDED AND MAINTAINED BY SCMTD. PARKING TEE DETAIL 26.26 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SIGNING AND MARKING PLAN C4.00 9/28/2023 26.27 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SIGNING AND MARKING PLAN C4.01 9/28/2023 26.28 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SIGNING AND MARKING PLAN C4.02 9/28/2023 26.29 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SIGNING AND MARKING PLAN C4.03 9/28/2023 26.30 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SIGNING AND MARKING PLAN C4.04 9/28/2023 MEDIAN DETAIL 26.31 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SIGNING AND MARKING PLAN C4.05 9/28/2023 26.32 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 NORTH METRO INTERIM OPERATIONS PLAN SIGNING AND MARKING PLAN C4.06 9/28/2023 26.33 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 METRO INTERIM OPERATIONS PLAN STRIPING QUANITIY SHEETS C4.07 9/28/2023 26.34

26.35 METRO Interim Operations Plan Specifications and Contract Documents 2 SECTION 1 - DEFINITIONS AND TERMS ........................................................................................................ 7 SECTION 2 - REQUIREMENTS AND CONDITIONS ................................................................................... 9

2.01 GENERAL........................................................................................................................................... 9

2.02 OBTAINING PLANS AND SPECIFICATIONS ........................................................................................ 9

2.03 ESTIMATED QUANTITIES .................................................................................................................. 9

2.04 EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK............................................ 9

2.05 PROPOSAL FORM ........................................................................................................................... 11

2.06 QUERIES.......................................................................................................................................... 11

2.07 REJECTION OF PROPOSALS............................................................................................................. 11

2.08 LIST OF SUBCONTRACTORS............................................................................................................ 11

2.09 COMPETENCY OF CONTRACTOR .................................................................................................... 12

2.10 RELIEF OF CONTRACTOR ................................................................................................................ 12

2.11 PUBLIC CONTRACT REQUIREMENTS .............................................................................................. 12

2.12 PROPOSAL FORM ........................................................................................................................... 13

2.13 BASIS OF PROPOSAL ...................................................................................................................... 15

2.14 LIST OF SUBCONTRACTORS............................................................................................................ 17

2.15 CONTRACTOR REFERENCE INFORMATION..................................................................................... 18

2.16 DIR COMPLIANCE AFFIDAVIT ......................................................................................................... 19

2.17 NON-COLLUSION DECLARATION.................................................................................................... 20

2.18 CONTRACTOR’S FINANCIAL QUALIFICATION ................................................................................. 21

2.19 AGREEMENT................................................................................................................................... 22

2.20 FAITHFUL PERFORMANCE BOND ................................................................................................... 26

2.20 LABOR AND MATERIAL BOND........................................................................................................ 28

2.22 WORKER’S COMPENSATION ACKNOWLEDGMENT CERTIFICATE .................................................. 30

2.23 CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE FOR THE CITY OF SANTA CRUZ .......... 31

2.24 CERTIFICATE OF STATE CONTRACTOR’S LICENSE........................................................................... 32

2.25 CONTRACTOR LICENSE INFORMATION.......................................................................................... 33 SECTION 3 – AWARD AND EXECUTION OF CONTRACT ........................................................................ 34

3.01 GENERAL......................................................................................................................................... 34

3.02 CONSIDERATION OF PROPOSALS ................................................................................................... 34

3.03 CONTRACT BONDS ......................................................................................................................... 34

3.04 EXECUTION OF CONTRACT............................................................................................................ 35 SECTION 4 – BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES .................. 35

4.01 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES............................... 35

4.02 PRE-CONSTRUCTION CONFERENCE ............................................................................................... 36

4.03 ARCHAELOGICAL DISCOVERIES ...................................................................................................... 36

26.36 METRO Interim Operations Plan Specifications and Contract Documents 3 SECTION 5 – GENERAL CONDITIONS ................................................................................................... 36

5.01 WORK TO BE DONE ........................................................................................................................ 36

5.02 MAINTENANCE AND CLEAN-UP ..................................................................................................... 36

5.03 CHANGES........................................................................................................................................ 37

5.031 DIFFERING SITE CONDITIONS ....................................................................................................... 37

5.04 PROTESTS ....................................................................................................................................... 38

5.05 CONTRACTOR’S INSURANCE .......................................................................................................... 38

5.051 CERTIFICATE REQUIREMENTS ...................................................................................................... 38

5.052 MINIMUM SCOPE AND LIMITS OF INSURANCE ........................................................................... 39

5.053 OTHER INSURANCE PROVISIONS.................................................................................................. 40

5.054 SUBCONTRACTORS....................................................................................................................... 41

5.055 SPECIAL RISK/CIRCUMSTANCES ................................................................................................... 41

5.06 AUTHORITY OF ENGINEER............................................................................................................... 48

5.07 CONFORMITY WITH DRAWINGS AND ALLOWABLE DEVIATIONS .................................................. 48

5.08 SUPERINTENDENCE ........................................................................................................................ 48

5.09 LAYOUT OF WORK AND SURVEYS .................................................................................................. 49

5.10 INSPECTION.................................................................................................................................... 49

5.11 TESTING BY CONTRACTOR ............................................................................................................. 50

5.12 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORKS............................................................... 50

5.13 CONSTRUCTION EQUIPMENT AND PLANT..................................................................................... 50

5.14 USE OF COMPLETED PORTIONS ..................................................................................................... 51

5.15 LEGAL ADDRESS OF THE CONTRACTOR ......................................................................................... 51

5.16 FINAL INSPECTION.......................................................................................................................... 51

5.17 ACCEPTANCE OF CONTRACT .......................................................................................................... 51

5.18 COORDINATION OF SPECIFICATIONS & DRAWINGS ...................................................................... 52

5.19 INTERPRETATION OF SPECIFCATIONS & DRAWINGS ..................................................................... 52

5.20 STATE SPECIFICATIONS................................................................................................................... 52

5.21 REASONABLENESS OF INTERPRETATIONS...................................................................................... 53

5.22 LAWS TO BE OBSERVED ................................................................................................................. 53

5.23 LABOR NONDISCRIMINATION........................................................................................................ 53

5.24 PREVAILING WAGES ....................................................................................................................... 54

5.25 HOURS OF LABOR........................................................................................................................... 55

5.26 APPRENTICES.................................................................................................................................. 55

5.27 PERMITS AND LICENSES ................................................................................................................. 56

5.28 PATENTS & COPYRIGHTS................................................................................................................ 56

5.29 SANITARY FACILITIES ...................................................................................................................... 56

26.37 METRO Interim Operations Plan Specifications and Contract Documents 4 5.30 PUBLIC SAFETY ............................................................................................................................... 57

5.31 ACCIDENT PREVENTION ................................................................................................................. 57

5.32 EXPLOSIVES .................................................................................................................................... 58

5.33 FIRES............................................................................................................................................... 58

5.34 INTERFERENCE WITH FIRE HYDRANTS, HIGHWAYS, AND FENCES................................................. 58

5.35 PRESERVATION OF PROPERTY........................................................................................................ 58

5.36 PUBLIC CONVENIENCE ................................................................................................................... 59

5.37 CONTRACTOR’S RESPONSIBILITY FOR WORK................................................................................. 60

5.38 RESPONSIBILITY FOR DAMAGES..................................................................................................... 60

5.39 PAYMENT OF TAXES ....................................................................................................................... 61

5.40 PROPERTY RIGHTS IN MATERIALS.................................................................................................. 61

5.41 RIGHTS IN LAND & IMPROVEMENTS.............................................................................................. 61

5.42 TITLE TO MATERIALS FOUND ON THE WORK................................................................................. 61

5.43 PERSONAL LIABILITY....................................................................................................................... 62

5.44 TRESPASS........................................................................................................................................ 62

5.45 SUBCONTRACTING ......................................................................................................................... 62

5.46 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS ................................................................ 62

5.47 PROTECTION OF PUBLIC UTILITIES ................................................................................................. 63

5.48 PUBLICATIONS................................................................................................................................ 64

5.49 LANDS & RIGHTS-OF-WAY.............................................................................................................. 64

5.50 ASSIGNMENT.................................................................................................................................. 64

5.51 COMMENCEMENT OF WORK......................................................................................................... 64

5.52 WORK PROGRESS SCHEDULE ......................................................................................................... 64

5.53 TEMPORARY SUSPENSION OF WORK............................................................................................. 65

5.54 TEMPORARY SUSPENSION OF WORK FOR THE CONVENIENCE & BENEFIT OF THE CITY............... 65

5.55 SUSPENSION OF WORK BECAUSE OF CONDITIONS BEYOND CONTROL OF CITY OR CONTRACTOR ....................................................................................................................................................... 65

5.56 TERMINATION OF UNSATISFACTORY SUBCONTRACTS.................................................................. 65

5.57 CHARACTER OF WORKERS ............................................................................................................. 66

5.58 TERMINATION OF CONTRACT ........................................................................................................ 66

5.59 RIGHT-OF-WAY DELAYS.................................................................................................................. 66

5.60 CONTRACTOR’S COST DATA........................................................................................................... 66

5.61 COORDINATION WITH UTILITIES.................................................................................................... 66

5.62 RESPONSIBILITY FOR ACCURACY.................................................................................................... 67

5.63 TEMPORARY FACILITIES & SERVICES.............................................................................................. 68

5.64 UNFAVORABLE WEATHER & OTHER CONDITIONS......................................................................... 68

5.65 WEEKEND, HOLIDAY, AND NIGHT WORK....................................................................................... 68

26.38 METRO Interim Operations Plan Specifications and Contract Documents 5 5.66 WORK TO BE DONE WITHOUT DIRECT PAYMENT.......................................................................... 68

5.67 MEASUREMENT OF QUANTITIES.................................................................................................... 69

5.68 CHANGE ORDERS............................................................................................................................ 69

5.69 FORCE ACCOUNT WORK ................................................................................................................ 69

5.70 DEDUCTIONS FROM PAYMENTS .................................................................................................... 69

5.71 PARTIAL PAYMENT ......................................................................................................................... 70

5.72 FINAL PAYMENT ............................................................................................................................. 70

5.73 SCOPE OF PAYMENT....................................................................................................................... 71

5.74 GUARANTEE ................................................................................................................................... 71

5.75 TEMPORARY CONSTRUCTION EASEMENT ..................................................................................... 71

5.76 BUY AMERICA REQUIREMENTS...................................................................................................... 71 SECTION 6 – BLANK............................................................................................................................ 72 SECTION 7 – BLANK............................................................................................................................ 72 SECTION 8 – CONTROL OF MATERIALS AND INSTALLED EQUIPMENT.................................................. 72

8.01 QUALITY ASSURANCE PROGRAM (QAP) ........................................................................................ 72

8.02 FURNISHING AND QUALITY OF MATERIALS AND EQUIPMENT...................................................... 72

8.03 SOURCE OF MATERIAL AND EQUIPMENT ...................................................................................... 73

8.04 STORAGE OF MATERIALS AND EQUIPMENT .................................................................................. 73

8.05 DEFECTIVE MATERIALS................................................................................................................... 73

8.06 TRADE NAMES AND ALTERNATIVES............................................................................................... 74

8.07 TESTING MATERIALS ...................................................................................................................... 74

8.071 FREQUENCY.................................................................................................................................. 74

8.072 CERTIFICATES OF COMPLIANCE ................................................................................................... 75

8.08 PLANT INSPECTION ........................................................................................................................ 75 SECTION 9 – DESCRIPTION OF WORK ................................................................................................. 76

9.01 WORK TO BE PERFORMED ............................................................................................................. 76 SECTION 10 – TECHNICAL SPECIAL PROVISIONS.................................................................................. 76

10.01 MOBILIZATION ............................................................................................................................. 76

10.02 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS ................................................................ 76

10.03 CONTROL OF WORK ..................................................................................................................... 80

10.04 EXISTING HIGHWAY FACILITIES .................................................................................................... 82

10.05 WATER POLLUTION CONTROL ..................................................................................................... 86

10.06 BEST MANAGEMENT PRACTICE ................................................................................................... 87

10.07 DUST CONTROL ............................................................................................................................ 87

10.08 CONSTRUCTION SURVEYING BY THE CONTRACTOR.................................................................... 88

10.09 CLEARING AND GRUBBING........................................................................................................... 89

26.39 METRO Interim Operations Plan Specifications and Contract Documents 6 10.10 EARTHWORK ................................................................................................................................ 90

10.11 AGGREGATE BASE ......................................................................................................................... 92

10.12 ASPHALT CONCRETE...................................................................................................................... 92

10.13 MISCELLANEOUS CONCRETE......................................................................................................... 93

10.14 REINFORCEMENT .......................................................................................................................... 94

10.15 ROADWAY SIGNS AND POSTS ....................................................................................................... 94

10.16 MARKINGS AND COATINGS........................................................................................................... 95

10.17 BARRIERS AND RAILINGS............................................................................................................... 97

10.18 DRAINAGE IMPROVEMENTS ......................................................................................................... 98

26.40 METRO Interim Operations Plan Specifications and Contract Documents 7 SECTION 1 - DEFINITIONS AND TERMS
Whenever in these specifications and other contract documents, the following abbreviations and terms or pronouns in place of them are used the intent and meaning shall be interpreted as follows:

ABBREVIATIONS
AASHTO American Association of State Highway and Transportation Officials AAN American Association of Nurserymen
ACI American Concrete Institute
AGMA American Gear Manufacturers Association
AIEE American Institute of Electrical Engineers
AISI American Iron and Steel Institute
AISC American Institute of Steel Construction
ANSI American National Standards Institute
AREA American Railway Engineering Association
ASA American Standards Association (United States of America Standards Instruction)
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating and Air Conditions Engineers
ASME American Society of Mechanical Engineers
ASTM American Society of Testing Materials
AWS American Welding Society
AWPA American Wood-Preservers’ Association
AWWA American Water Works Association
FS Federal Specification
IEEE Institute of Electrical and Electronic Engineers
NBFU National Board of Fire Underwriters
NEMA National Electrical Manufacturers Association
SAE Society of Automotive Engineers
SSPWC Standard Specifications for Public Works Construction UL Underwriters Laboratories
All references to the specifications, standards, or other publications of any of the above are understood to refer to the current issue as revised or amended at the date of receipt of bids.

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

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

26.41 METRO Interim Operations Plan Specifications and Contract Documents 8 Approved, Directed, Ordered, or Required - Whenever these words or their derivatives are used, it is
the intent, unless otherwise clearly stated, that approval or direction by the Engineer is indicated.

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

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

Contractor - The person or persons, firm, partnership, corporation, or combination thereof, private or municipal, who have entered into a contract with the City to perform the work contemplated Days - Working days, unless otherwise designated.

City - the City of Santa Cruz.

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

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

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

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

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

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

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

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

State Standard Specifications - Wherever in these Specifications reference is made to the “State Standard Specifications,” reference shall be to specifications entitled “State of California, Department of Transportation, Standard Specifications,” 2018 edition, and which are incorporated

26.42 METRO Interim Operations Plan Specifications and Contract Documents 9 herein and made a part hereof by reference. Where the terms “State” or the “Engineer” are used in the State Standard Specifications, they shall be considered as meaning the “City” or “Director” as defined hereinabove.

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

SECTION 2 - REQUIREMENTS AND CONDITIONS

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

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

2.02 OBTAINING PLANS AND SPECIFICATIONS

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

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

2.04 EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK

The Contractor shall examine carefully the site of the work contemplated and the Proposal, Drawings, and Specifications therefor. The submission of a Proposal will be conclusive evidence that the Contractor has investigated and is fully aware of the conditions and difficulties to be encountered, of the character, quality, and quantities or work to be performed and materials to be furnished, and of the requirements of the Proposal, Drawings, and Specifications; as to the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of material, availability of labor, water, electric power, roads, and uncertainties of weather, or similar physical conditions at the site; and the

26.43 METRO Interim Operations Plan Specifications and Contract Documents 10 conformation and condition of the ground, the character and quality and quantity of surface and subsurface materials, including groundwater, to be encountered; the character of equipment and facilities needed preliminary to and during the prosecution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. Any failure by the Contractor to acquaint himself/herself with all the available information concerning these conditions will not relieve him/her from responsibility for estimating properly the difficulty or cost of successfully performing the work.

If there is any doubt as to the true meaning of any part of the Plans, Specifications, or the Contract documents, or if discrepancies in or omissions from the Drawings or Specifications are found, a request should be made to the Director for an interpretation or correction thereof.. Otherwise, in figuring the work, Contractor shall consider that any discrepancies or conflict between Drawings and Specifications shall be governed by Section 5.23 of these Specifications. All other questions relative to this Project shall be directed to:

City of Santa Cruiz, Public Works Department
Attn. Dan Estranero
809 Center St., Room 201
Santa Cruz, CA 95060
Email: [email protected]
No payment shall subsequently be made to the Contractor because of error on his/her part or of negligence or failure to acquaint himself/herself with the existing conditions, limitations, or features of the site or requirements of the Contract documents; or by reason of any estimate, tests, or representations of any officer, employee, or agent of the City.

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

Investigations of subsurface conditions are made for the purpose of design, and the City assumes no responsibility whatever in respect to the sufficiency of test borings or accuracy of the log of test borings, or other preliminary investigations, or of the interpretation thereof. There is no guarantee expressed or implied that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unforeseen developments may not occur.

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

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

26.44 METRO Interim Operations Plan Specifications and Contract Documents 11 2.05 PROPOSAL FORM
The Proposal form furnished by the City, when filled out by the Contractor and executed, shall be submitted as his/her Proposal. All Proposals should give the prices proposed, both in writing and in figures in the respective spaces provided, and shall be signed by the Contractor, who should fill out
all blanks in the Proposal form as therein required. In the event of a discrepancy between writing and figures, the writing shall prevail over the figures.

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

2.06 QUERIES

Questions regarding the Specifications, Drawings, or any other portion of the Contract or any addenda thereto shall be directed to the City Engineer, care of Dan Estranero, Associate Professional Engineer, at City Hall, 809 Center Street, Room 201, Santa Cruz, California, 95060, in writing. An e-mail to [email protected] is acceptable. All efforts will be made by the City to answer questions received, and all answers will be distributed to Contractor electronically. No interpretation of the meaning of the Specifications, Drawings, or other pre-bid documents will be made to Contractor orally.

2.07 REJECTION OF PROPOSALS

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

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

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

In accordance with Chapter 2, Division 5, Title I of the Government Code of the State of California, Subletting and Subcontracting Fair Practices Act, each Proposal shall have listed on the form provided with the Proposal, (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one

26.45 METRO Interim Operations Plan Specifications and Contract Documents 12 percent (0.5%) of the general contractor’s total bid or $10,000.00, whichever is greater, and, (b) the portion of the work which will be done by each such subcontractor.

All listed subcontractors must be registered with the state Department of Industrial Relations (DIR) and provide DIR registration number prior to proposal submittal If a Contractor fails to specify a subcontractor for any portion of the work to be performed under this Contract is excess of one-half of one percent of the total bid, he/she agrees to perform that portion himself/herself.

2.09 COMPETENCY OF CONTRACTOR

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

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

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

2.10 RELIEF OF CONTRACTOR

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

2.11 PUBLIC CONTRACT REQUIREMENTS
No contractor or subcontractor may be listed on a proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

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

26.46 METRO Interim Operations Plan Specifications and Contract Documents 13 Industrial Relations.

2.12 PROPOSAL FORM
Proposal for
"PACIFIC STATION NORTH METRO INTERIM OPERATIONS PLAN"
CITY PROJECT NO. H512305
TO: City of Santa Cruz
PROPOSAL OF:

Business Address:

Business Telephone:

The undersigned Contractor proposes and agrees, if this Proposal is accepted, to enter into an Agreement, in the form approved by the City Attorney, with the City of Santa Cruz (“City”) to perform all work as specified or indicated in the Proposal for the prices and within the times indicated in this Proposal and in accordance with the Plans ad Specifications.

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

IT IS UNDERSTOOD THAT THIS PROPOSAL IS BASED UPON COMPLETION OF

THE WORK AS SPECIFIED IN THE SPECIAL PROVISIONS BY NO LATER THAN FEBRUARY 1, 2024, AND THE PRICES INCLUDE ALL STATE, FEDERAL, AND OTHER TAXES APPLICABLE TO THE PROJECT.

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

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

The undersigned Contractor has carefully examined the form of the Agreement, the Standard Specifications, the Plans and Special Provisions for the "PACIFIC STATION NORTH METRO INTERIM OPERATIONS PLAN" CITY PROJECT NO. H512305 and also the site

26.47 METRO Interim Operations Plan Specifications and Contract Documents 14 of the work and will provide all necessary machinery, tools apparatus and other means of construction, and do all the work and furnish all materials required by said Specifications and Plans and Special Provisions in the manner described therein.

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

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

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

The undersigned Contractor hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date
It is understood and agreed that the City may reject any or all proposals, or waive any informalities or minor defects in Contractor’s Proposal.

Bidder submits the following complete and executed documents herewith to form a complete Proposal:
• 2.19 Proposal Form
• 2.20 Basis of Bid
• 2.21 List of Subcontractors
• 2.22 Contractor Reference Information
• 2.23 DIR Compliance Affidavit
• 2.24 Non-Collusion Declaration
• 2.25 Contractor’s Financial Qualification
Note: Contractor should not add any conditions or qualifying statement to this Proposal as otherwise the Proposal may be declared irregular.

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

Dated: Firm Name:

Official Address: Phone:

Email Address:

By: Title:

State Contractor’s License No.:

DIR Registration No.:

26.48 METRO Interim Operations Plan Specifications and Contract Documents 15 Signature of Contractor:

2.13 BASIS OF PROPOSAL
Name of Contractor:

Project Name/Number:

Item
No. Item Description Unit Estimated Quantity Unit Price ($) Item Total ($) 1 MOBILIZATION (10% MAXIMUM) LS 1
2 TRAFFIC CONTROL AND CONSTRUCTION
AREA SIGNS LS 1
3 REMOVE CURB LF 96
4 REMOVE CONCRETE ISLAND SQFT 451
5 WATER POLLUTION CONTROL PROGRAM LS 1
6 MINOR HOT MIX ASPHALT (TYPE A) TON 39
7 CALTRANS TYPE A3-6 CURB LF 384
8 PCC SIDEWALK SF 61
9 REMOVE ROADSIDE SIGN AND POST EA 3
10 ROADSIDE SIGN AND POST EA 49
11 ROADSIDE MARKER (CLASS 1 / TYPE K) EA 51
12 REMOVE EXISTING STRIPING AND LEAD
COMPLIANCE PLAN LS 1
13 PAINT CURB RED LF 2232
14 PAINT CURB BLUE LF 21
15 PAINT CURB YELLOW LF 41
16 6" YELLOW THERMOPLASTIC TRAFFIC
STRIPE LF 6202
17 6" WHITE THERMOPLASTIC TRAFFIC
STRIPE LF 987
18 8" WHITE THERMOPLASTIC TRAFFIC
STRIPE LF 2372
19 12" WHITE THERMOPLASTIC TRAFFIC
STRIPE LF 33
20 WHITE THERMOPLASTIC PAVEMENT
MARKING SQFT 1408
21 RED MMA PAVEMENT MARKING SQFT 4760
22 TEMPORARY RAILING (TYPE K) LF 26

26.49 METRO Interim Operations Plan Specifications and Contract Documents 16 23 TRENCH DRAIN LF 180

SUBTOTAL
10% CONTINGENCY
TOTAL
Total Basis of Proposal Plus Contingency in Words:

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

26.50 METRO Interim Operations Plan Specifications and Contract Documents 17 2.14 LIST OF SUBCONTRACTORS
Name of Contractor:

Project Name/Number: _____________________________
Contractor will use Subcontractors for the Work: □ YES □ NO For each subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent, Bidder shall indicate on this form each proposed subcontractor’s legal/contracting entity name, business address and phone number, the Contractor’s State Licensing Board license number, the public works contractor registration number issued pursuant to California Labor Code Section 1725.5, the dollar amount and proportion (in percent) of the Work of each Subcontractor (of any tier) to whom a portion of the Work will be awarded via one or more subcontracts, and the work to be performed by the subcontractor.
(Attach additional sheets, if necessary)
Subcontractor’s
Legal Name
Business Address
and Phone Number
CSLB License
Number
Public Works
Contractor DIR
Number
Bid Items To Be
Performed
Total Subcontract
Amount and
Percentage of
Total Bid Price

26.51 METRO Interim Operations Plan Specifications and Contract Documents 18 2.15 CONTRACTOR REFERENCE INFORMATION
Name of Contractor:

Project Name/Number:

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

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

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

1. Name, Address, Phone No:

Project Description:

Date Completed:

2. Name, Address, Phone No:

Project Description:

Date Completed:

3. Name, Address, Phone No:

Project Description:

Date Completed:

4. Name, Address, Phone No:

Project Description:

Date Completed:

5. Name, Address, Phone No:

Project Description:

Date Completed:

26.52 METRO Interim Operations Plan Specifications and Contract Documents 19 2.16 DIR COMPLIANCE AFFIDAVIT
Name of Contractor:

Project Name/Number:

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

Prior to commencement of the Contract, all Contractors and subcontractors are required to register, and maintain active registration throughout the duration of the contract with the California Department of Industrial Relations (DIR). For information regarding registration, please go to https://www.dir.ca.gov/Public-Works/PublicWorks.html.
• No contractor or subcontractor may be listed on a bid proposal for a public works project (effective March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (effective April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

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

I, the Contractor, certify that:

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

Signature Date
Print Name Title

26.53 METRO Interim Operations Plan Specifications and Contract Documents 20 2.17 NON-COLLUSION DECLARATION
(Pursuant to Section 7106 of the Public Contract Code)
Name of Contractor:

Project Name/Number:

The undersigned declares:

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

The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. The Contractor has not directly or indirectly induced or solicited any other contractor to put in a false or sham proposal. The Contractor has not directly or indirectly colluded, conspired, connived, or agreed with any contractor or anyone else to put in a sham proposal,. The Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the price of the Contractor or any other contractor, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other contractor. All statements contained in the Proposal are true. The Contractor has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a contractor 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)

26.54 METRO Interim Operations Plan Specifications and Contract Documents 21 2.18 CONTRACTOR’S FINANCIAL QUALIFICATION
Name of Contractor:

Project Name/Number:

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

Name of Bank Address/Phone Number/Contact Name & Title
Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the Bidder:

Company:

Address:

Company:

Address:

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

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

CONTRACTOR

Name:

Title:

26.55 METRO Interim Operations Plan Specifications and Contract Documents 22 2.19 AGREEMENT
THIS AGREEMENT, made and entered into this ________day of ______________, 20___ (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and _________________________________, hereinafter called “Contractor;”
WITNESSETH, that the parties hereto do mutually agree as follows:

ARTICLE I
That for and in consideration of the covenants and agreements herein contained and the payments at the prices stated in the bid proposal attached hereto, and by this reference made a part hereof, the Contractor hereby covenants and agrees to furnish any and all required supervision, labor, equipment, material, services, and transportation, as set forth in the Contract Documents as hereinafter defined, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified, and to build, construct, reconstruct, pave or repave and complete improvements for:
"PACIFIC STATION NORTH METRO INTERIM OPERATIONS PLAN"
CITY PROJECT NO. H512305
(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: 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. the Project Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance

8. General Conditions

9. Standard Specifications, including the City Specifications and all applicable State Specifications and/or Drawings
The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract

26.56 METRO Interim Operations Plan Specifications and Contract Documents 23 Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

ARTICLE III
It is expressly agreed and understood by the Contractor that the “Standard Specifications” consists of the documents on file at the Public Works Department of the City of Santa Cruz, entitled:

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

2. Standard Specifications of the State of California, Department of Transportation, dated 2018 (“State Specifications”); and

3. State of California /Caltrans: California Manual on Uniform Traffic Control Devices (CA MUTCD) (2014 Revision 7).

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

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

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

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

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

ARTICLE VII
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and its respective officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands,

26.57 METRO Interim Operations Plan Specifications and Contract Documents 24 liabilities, losses, damages, expenses, including attorneys’ fees and costs of litigation (collectively, “Losses”), arising from personal or bodily injuries, death, property damage, or otherwise in any way related to, connected with, or resulting from the obligations or performance of the Work under this Agreement by Contractor, Subcontractors, Suppliers, and their respective officers, directors, employees, agents, or other third parties directly or indirectly employed by or under their authority or control. This provision shall not be deemed to require the Contractor to indemnify or hold harmless an Indemnitee for any Loss proximately caused by the sole or active negligence or willful misconduct of the Indemnitee, as determined by a court or other adjudicatory body of competent jurisdiction. This provision shall survive the termination of the Agreement or the completion of the Work.

ARTICLE VIII
Article Intentionally Omitted

ARTICLE IX
General Terms
• 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. • Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. • Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
• Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
• 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. • 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.
• 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

26.58 METRO Interim Operations Plan Specifications and Contract Documents 25 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.

Technical Review by:

Date:

Kevin Crossley, Assistant Director/City Engineer
Approved as to Form by:

Date:

Anthony P. Condotti, City Attorney
For Contractor Name:

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

Matt Huffaker, City Manager

26.59 METRO Interim Operations Plan Specifications and Contract Documents 26 2.20 FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), and
hereinafter designated as “Principal” have entered into an agreement whereby Principal agrees to install and complete the work or improvement described in the contract documents entitled:
"PACIFIC STATION NORTH METRO INTERIM OPERATIONS PLAN"
CITY PROJECT NO. H512305
adopted by the City Council of the City on , __________; and WHEREAS, said Principal is about to enter into the annexed agreement with the City as is required to furnish security for the faithful performance of said Agreement.

NOW, THEREFORE, we, the Principal, and , a corporation
organized and existing under and by virtue of the laws of the State of , as “Surety”, are held and firmly bound unto the City, 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, for payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns, by these presents; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors, or assigns will in all things abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or her 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 will indemnify and save harmless the City, its officers and agents, and employees, as therein stipulated, then this obligation will become null and void, otherwise it will be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there will be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City.

As a condition precedent to the satisfactory completion of the said contract, an obligation in the amount of ($ ), being not less than ten percent (10%) of the estimated contract cost, will remain in force for a period of one (1) year after the official acceptance of said work, during which time if the Principal, its heirs, executors, administrators, successors or assigns will 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 ($ ), will remain in full force and effect, otherwise the obligation will be discharged.

26.60 METRO Interim Operations Plan Specifications and Contract Documents 27 However, notwithstanding any other provisions of this paragraph, the obligation for the surety hereunder will 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 or the specifications will in any manner affect this obligation upon this bond, and it does hereby explicitly waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work to be performed thereunder, or to the specifications, and it further explicitly hereby waives its rights under California Civil Code § 2819.

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

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

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

26.61 METRO Interim Operations Plan Specifications and Contract Documents 28 2.20 LABOR AND MATERIAL BOND
WHEREAS, as the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), has awarded to hereinafter designated as the “Principal”, a contract for constructing the work or improvement described in the contract documents entitled:
"PACIFIC STATION NORTH METRO INTERIM OPERATIONS PLAN"
CITY PROJECT NO. H512305
adopted by the City Council of the City_______________________, __________; and WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and WHEREAS, the said Principal is about to enter into the annexed contract with the City to complete the work or improvement referred to above for the City, all as more particularly and in detail shown upon the Contract Documents filed in the Office of the City Clerk of the City:

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

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

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

26.62 METRO Interim Operations Plan Specifications and Contract Documents 29 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder shall in any manner affect its obligation upon this bond, and it does hereby explicitly waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.

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

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

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

26.63 METRO Interim Operations Plan Specifications and Contract Documents 30 2.22 WORKER’S COMPENSATION ACKNOWLEDGMENT CERTIFICATE I, THE UNDERSIGNED, HEREBY CERTIFY that at all times during the performance of any work under contract with the City of Santa Cruz (check one of the following) for "PACIFIC STATION NORTH METRO INTERIM OPERATIONS PLAN"
CITY PROJECT NO. H512305
□ I have and will maintain in full force and effect Workers’ Compensation Insurance, as required by Section 3700 of the Labor Code, for the performance of the Work. My Workers’ Compensation insurance carrier and policy number are:

Insurance Carrier:

Policy Number:
□ I have and will maintain in full force and effect and have attached hereto a Certificate of Consent to Self-Insure issued by the Director of Industrial Relations, as provided for by Section 3700 of the Labor Code, for the performance of the Work.

I declare under penalty of perjury that the foregoing is true and correct and executed on , , __________at _____________________________, California.

CONTRACTOR

Name:

Title:

26.64 METRO Interim Operations Plan Specifications and Contract Documents 31 2.23 CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE FOR THE CITY

OF SANTA CRUZ
In accordance with the provisions of Section 3800 of the of the Labor Code of the State of California, the undersigned insurance company hereby certifies to the City of Santa Cruz, that it is an admitted Workers Compensation Insurer and that it has issued a policy of Workers’ Compensation bearing policy number _____________________ to _______________________.

Said policy is a valid policy of Workers’ Compensation Insurance issued in a form approved by the California Insurance Commissioner and is now in full force and effect. The full deposit on said policy is the ________ day of _________, __________. The undersigned insurer will give said City of Santa Cruz at least ten (10) days advance notice of the cancellation of said policy.

Insurance Company:_________________________________________________ Address:__________________________________________________________

I declare under penalty of perjury that the foregoing is true and correct. Executed at Santa Cruz, California, on this ______ day of _____________, __________. ______________________________________
Authorized Representative (Signature)
______________________________________
Authorized Representative (Print Name)

26.65 METRO Interim Operations Plan Specifications and Contract Documents 32 2.24 CERTIFICATE OF STATE CONTRACTOR’S LICENSE
MY/OUR STATE CONTRACTOR’S LICENSE FOR CLASSIFICATION IS NO. ____________________________ EXPIRES .

THIS PROPOSAL MUST BE NOTARIZED BELOW.

Subscribed and sworn to before me, this ______ day of ______________, __________. (Notary Seal)
Notary Public in and for the
County of Santa Cruz
State of California
The aforesigned, as Contractor, declares that he has carefully examined the location of the proposed work, the annexed proposed form of Agreement, and the Plans and Specifications therein referred to; that be proposes, and agrees if this Proposal is accepted, that he will contract with the City of Santa Cruz, in the form of the copy of the Agreement annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed and according to the requirements of the Engineer and therein set forth, and that he will accept in full payment therefor the following unit prices, to wit:

The City reserves the right to increase or decrease quantities by 25% as described in Section 4-

1.05 “Changes and Extra Work” of the State Specifications.

26.66 METRO Interim Operations Plan Specifications and Contract Documents 33 2.25 CONTRACTOR LICENSE INFORMATION
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).

The undersigned bidder acknowledges that a state of California Class “A Engineering license and a state of California Class C32 “Parking and Highway Improvement is required for performance of the:
"PACIFIC STATION NORTH METRO INTERIM OPERATIONS PLAN"
CITY PROJECT NO. H512305
The bidder holds the following California Contractors License(s):

1. License No. ___________, Class _____, Expiration Date _______________

2. License No. ___________, Class _____, Expiration Date _______________

3. License No. ___________, Class _____, Expiration Date _______________

4. License No. ___________, Class _____, Expiration Date _______________

5. License No. ___________, Class _____, Expiration Date _______________ Contractor’s Taxpayer Identification No. _______________________________________

CONTRACTOR
By: _________________________________
Its: _________________________________
Dated:_______________________________
I declare under penalty of perjury that the foregoing is true and correct. Executed at Santa Cruz, California, on this ______ day of _____________, __________.

26.67 METRO Interim Operations Plan Specifications and Contract Documents 34 SECTION 3 – AWARD AND EXECUTION OF CONTRACT

3.01 GENERAL
The Contractor’s attention is directed to the provisions in Section 3, "Contract Award and Execution," of the State Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of contract.

3.02 CONSIDERATION OF PROPOSALS
After the Proposal has been opened and read, it will be checked for accuracy and compliance with these Specifications. If the unit price and total amount named for any item do not agree, the unit price will be considered as representing the Bidder’s intention.

3.03 CONTRACT BONDS

Prior to the execution of the Contract, the Contractor shall file with the City one or more surety bonds in the amounts and for the purpose noted below, duly executed by a solvent surety company satisfactory to the City, and he/she shall pay all premiums and costs thereof and incidental thereto. The bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California.

Each bond must be signed by both the Contractor and the Sureties.

The “Bond for Labor and Material” shall be in an amount of 100 percent of the Contract price as determined from the prices in the Proposal form, and shall insure to the benefit of persons performing labor or furnishing materials in connection with the work of the proposed Contract. This bond shall be maintained in full force and effect until all work under the Contract is completed and accepted by the City, and until all claims for materials and labor have been paid.

The “Bond for Faithful Performance” shall be in an amount of 100 percent of the Contract price as determined from the prices in the Proposal form, and shall be so conditioned as to insure the faithful performance by the Contractor of all work under the Contract. It shall also insure the replacing of, or making acceptable, any defective materials or faulty workmanship.

The Faithful Performance Surety Bond shall remain in effect to guarantee the repair and replacement of defective equipment, materials, and workmanship, discovered within one (1) year after final payment has been accepted by the Contractor and the payment to the City of all damages sustained by it on account of such defects, discovered within one (1) year, or in lieu thereof, a bond equal to ten (10) percent of the full amount of the Contract, may be substituted for the faithful performance bond upon completing and final acceptance and final payment for the work performed under the Contract, which shall remain in effect for a period of one (1) year to guarantee the repair and replacement and payment of damage.

In all respects, the substitute bond shall satisfy the requirements and conditions of the original Faithful Performance Bond.

26.68 METRO Interim Operations Plan Specifications and Contract Documents 35 Should any surety or sureties be deemed unsatisfactory at any time by the City, notice will be given to the Contractor to that effect, and he/she shall forthwith substitute a new surety or sureties satisfactory to the City. No further payment shall be deemed due or will be made under this Contract until the new sureties shall qualify and be accepted by the City.

All alterations, extensions of time, extra and additional work, and other changes authorized by these Specifications or any part of the Contract may be made without securing the consent of the surety or sureties on the contract bonds.

3.04 EXECUTION OF CONTRACT
The Contract shall be signed by the Contractor and returned, together with the contract bonds, within ten days, including Sundays and legal holidays, after the bidder has received the Contract for execution.

SECTION 4 – BEGINNING OF WORK, TIME OF COMPLETION AND

LIQUIDATED DAMAGES

4.01 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED

DAMAGES

Attention is directed to the provisions in Section 8-1.04, “Start of Job Site Activities,” in Section 8-1.05, “Time,” and in Section 8-1.10, “Liquidated Damages,” of the State Standard Specifications and these Special Provisions.

The Contractor shall purchase all materials and equipment within 10 working days after the date of the execution of the contract. The Contractor shall begin work when all materials and equipment are received and shall diligently prosecute said work to completion as follows:

Complete work required for all bid items no longer than 25 working days after the date of the Notice to Proceed.

Notice to Proceed letter will be given at the Contractor’s discretion, limited as follows:
• AFTER the specified agreement, bonds and insurance have been provided and accepted by the City.

Progress payment for material and equipment shall conform to the requirements of Section 9-1.16C, “Materials On Hand,” of the State Standard Specifications and these Special Provisions.

The Contractor shall pay to the City of Santa Cruz the sum of $3,600 per day, for each and every calendar day’s delay in finishing the work in excess of the number of working days prescribed above.

26.69 METRO Interim Operations Plan Specifications and Contract Documents 36 4.02 PRE-CONSTRUCTION CONFERENCE
Prior to the issuance of the Notice to Proceed, a preconstruction conference will be held at the office of the City Engineer for the purpose of discussing with the Contractor the scope of work, Contract drawings, Specifications existing conditions, materials to be ordered, equipment to used, staging areas, job site management, temporary traffic control plan(s), inspections, permits, hours of work, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The Contractor’s representative at this conference shall include all major superintendents for the work and may include major sub-contractors.

4.03 ARCHAELOGICAL DISCOVERIES
All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer.

SECTION 5 – GENERAL CONDITIONS

5.01 WORK TO BE DONE
The work to be done consists of furnishing all labor, methods or processes, implements, tools, machinery, construction equipment, materials of any kind, and installed manufactured equipment, except as otherwise specified herein to be furnished by the City or from sources provided by the City, which are required to construct in a good workmanlike manner all the work herein provided for.

5.02 MAINTENANCE AND CLEAN-UP
Throughout the construction period, the Contractor shall keep the site of the work in a neat and clean condition, shall dispose of any surplus materials in an approved manner off the site, keep debris out of drainage ditches, and maintain proper housekeeping practices to the satisfaction of the Engineer.

When any material is to be disposed of outside of the easement or street or highway rightof-way, the Contractor shall first obtain written permission from the owner on whose property the disposal is to be made. Disposal must conform to grading ordinance of the jurisdiction in which the work is performed. Location of disposal sites shall be submitted to the Engineer for review and subject to his/her approval.

Upon completion of the work, and prior to requesting final inspection, the Contractor shall thoroughly clean the site of the work of all rubbish, excess materials, falsework, temporary structures, and equipment, and all portions of the work shall be left in a neat and orderly condition. The final inspection, acceptance, and final payment will not be made until this has been accomplished.

26.70 METRO Interim Operations Plan Specifications and Contract Documents 37 5.03 CHANGES
The City may increase or decrease quantities of work to be done under the Contract, make revisions to the Drawings or Specifications, or require the performance of extra work and furnishing of materials therefor by the Contractor as the City requires for the proper completion or construction of the whole work contemplated. The City, at its option, may furnish said materials.

The changes will be set forth in written Contract Change Orders which specify the work to be done in connection with the changes, the basis of compensation for the work, and any adjustments of Contract time. Such Change Orders shall be approved by the Engineer.

Upon receipt of an approved Contract Change Order, or of written authorization from the Engineer setting forth a description of the change and agreed upon changes in Contract price, the Contractor shall proceed with the work so ordered.

In the absence of an approved Contract Change Order or written authorization, the Contractor shall not be entitled to payment for any changed or extra work or any adjustment of Contract time.

When changes increase or decrease the cost of the work, an adjustment of the Contract price will be made as set forth in the Change Order. At the option of the City, the work which is changed may be paid for on the basis of force account.

New and unforeseen items of work will be classed as extra work when the item cannot be covered by any of the various items or combination of items for which there is a bid price.

The Contractor shall do such work and furnish such materials and equipment as may be required in writing by the Director, and in the absence of such written order, he/she shall not be entitled to payment for such extra work. All bills for extra work done in any month shall be filed in writing with the Director before the fifteenth of the following month. For such extra work, the Contractor shall receive compensation at the prices previously agreed upon in writing, or upon a failure to agree upon prices, he/she shall be paid on force account. If the work is done on force account, compensation shall be in accordance with Section 5.75 of these Specifications. The city reserves the right to furnish any material deemed expedient and the Contractor shall have no claim for profit on the cost of such materials. All extra work shall be adjusted daily upon report sheets furnished to the Director by the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of extra work done.

5.031 DIFFERING SITE CONDITIONS
The Contractor shall promptly notify the Engineer if she/he finds either of the following conditions:

1. Physical conditions differing materially from either of the following:
a. Contract documents
b. Job site examination

2. Physical conditions of an unusual nature, differing materially from those

26.71 METRO Interim Operations Plan Specifications and Contract Documents 38 ordinarily encountered and generally recognized as inherent in the work provided for in the Contract.

The Contractor shall include details explaining the information she/he relied on and the material differences she/he discovered. If the Contractor fails to promptly notify the Engineer, the Contractor waives the differing site condition claim for the period between her/his discovery of the differing site condition and her/his notification to the Engineer.

If the Contractor disturbs the site after discovery and before the Engineer’s investigation, the Contractor waives the differing site condition claim.

Upon the Contractor’s notification, the Engineer investigates job site conditions and:

1. Notifies the Contractor whether to resume affected work

2. Decides whether the condition differs materially and is cause for and adjustment of time, payment, or both.

5.04 PROTESTS

If the Contractor considers any work demanded of him/her to be outside of the requirements of the Contract, or considers any record or ruling or act or omissions of the Engineer to be unfair, he/she shall immediately, upon such work being demanded, or such record or ruling being made, ask in writing for written instructions or decision, whereupon he/she shall proceed without delay to perform the work or to conform to the record or ruling, and within 30 days after the date of receipt of the written instruction or decision, he/she shall file a written protest with the Engineer stating clearly and in detail the basis of his/her protest. Except for such protests as are made of record in the manner herein specified and within the time limit stated, the records, rulings, instructions, decision, and acts or omissions of the director shall be final and conclusive. Instructions and decisions of the Engineer contained in letters transmitting Drawings to the Contractor shall be considered as written instructions and decisions subject to protest in the manner herein described.

5.05 CONTRACTOR’S INSURANCE
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.

5.051 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,

26.72 METRO Interim Operations Plan Specifications and Contract Documents 39 • An endorsement will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.

5.052 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:
• 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.
• 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.

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 • 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.

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.

26.73 METRO Interim Operations Plan Specifications and Contract Documents 40 5.053 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:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL, [Contractors Pollution Liability,] 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). • 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
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.

1. 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.

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

26.74 METRO Interim Operations Plan Specifications and Contract Documents 41 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 claimsmade 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) 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.

5.054 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.

5.055 SPECIAL RISK/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.

2. Claims

26.75 METRO Interim Operations Plan Specifications and Contract Documents 42 • Definition of “Claim”.

All provisions of California Public Contract Code Section 9204 are incorporated into and form an integral part of the Contract Documents for this Project. The City and Contractor shall comply with California Public Contract Code Section 9204 when applicable.

As used herein, the term “Claim” means a separate written demand or assertion by Contractor sent by registered mail or certified mail, with return receipt requested, for one or more of the following arising out of or related to the Contract Documents or the performance of the Work: (A) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under the Contract; (B) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; (C) payment of an amount that is disputed by the City, as defined in Public Contract Code Section 9204(c).

A Claim does not include, and the procedures for processing of Contractor Claims do not apply to the following:
• Claims respecting penalties for forfeitures prescribed by statute or regulation which a government agency is specifically authorized to administer, settle, or determine (other than penalties for delay assessed by the City under the Contract). • Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. • False claims liability under California Government Code Section 12650, et seq. • Defects in the Work first discovered by City after final payment by City to Contractor. • Claims respecting stop notices.
• The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.
• Time Period for Submission of Claim.

If a Claim involves an adjustment to the Contract Sum or to the Contract Time due to Extra Work, then the Claim arises upon issuance of a decision denying, in whole or in part, Contractor’s Change Order Request. All other Claims arise when Contractor discovers, or should have discovered, the circumstances giving rise to the Claim (even if Contractor has not yet been damaged or delayed).

A Claim that does not involve an adjustment to the Contract Sum or Contract Time for Extra Work may be asserted if, and only if, Contractor gives written notice of intent to file the Claim to the City within five (5) calendar days of the date the Claim arises. A written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any, with respect to Contractor’s entitlement to an adjustment of the Contract Sum or Contract Time, and complies with the requirements of Section 3(C), below.

26.76 METRO Interim Operations Plan Specifications and Contract Documents 43 All Claims and supporting documentation and certifications must be filed as soon as possible, but no later than thirty (30) calendar days after the Claim arises. No Claims shall be filed after the final payment has been issued unless otherwise permitted by law. • Reasonable Documentation.

The Claim must include the following:
• A statement that it is a Claim and a request for a decision on the Claim; • A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of Work effected and reasonable documentation to support the Claim;
• A certification, executed by each Subcontractor claiming not less than 5% of the total monetary amount sought by the Claim, that the Subcontractor’s portion of the Claim is filed in good faith.
• If the Claim involves an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a Change Order Request was submitted in a timely manner as required by the Contract Documents. If the Claim does not involve an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a notice of intent to file the Claim was submitted in a timely manner as required by the Contract Documents. • A detailed justification for any remedy or relief sought by the Claim, including, without limitation:
• A detailed cost breakdown in the form required for submittal of Change Order Requests, including an estimate of the costs incurred or to be incurred. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices, and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time of Claim submittal, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred.
• Copies of actual job cost records demonstrating that the costs have been incurred.
• If the Claim is based on an error, omission, conflict, or ambiguity in the Contract Documents: (1) a sworn statement by Contractor and any Subcontractors or Sub-subcontractors involved in the Claim, to the effect that the error, omission, conflict, or ambiguity was not discovered prior to submission of the Bid, or (2) if not discovered, a statement demonstrating that the error, omission, conflict, or ambiguity could not have been discovered by Contractor, its Subcontractors or Sub-subcontractors in exercise of the degree of care required of them under the Contract Documents for review of the Bid Documents prior to submission of the Bid.
• If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements

26.77 METRO Interim Operations Plan Specifications and Contract Documents 44 of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents.
• A written certification signed by a responsible managing officer of Contractor’s organization, who has the authority to sign subcontracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form:
“I hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of (Contractor’s name) and that I have reviewed the Claim presented herewith on Contractor’s behalf and/or on behalf of (Subcontractor's/Sub-subcontractor’s name(s)) and that the following statements are true and correct.
• The facts alleged in or that form the basis for the Claim are true and accurate.
• The Claim is submitted in good faith.
• The Change Order Request was timely submitted, as required by the Contract Documents.
• Contractor does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading. • Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor or Sub-subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim.
• Contractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and /or such Subcontractor or Sub-subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and.
• Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.

Signature: ___________________________
Name: ______________________________
Title: _______________________________
Company: ___________________________

26.78 METRO Interim Operations Plan Specifications and Contract Documents 45 Date: _______________________________
• Assertion of Claims.

3. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow, or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents.

4. All Claims and supporting documentation must be sent to the City by registered mail or certified mail with return receipt requested.

5. Strict compliance with these requirements is conditions precedent to Contractor’s right to an informal conference to meet and confer to resolve a Claim, mediate a Claim, or arbitrate or litigate a Claim. The failure of Contractor to strictly comply with the requirements of this Section constitutes a failure by Contractor to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim.

6. There shall be no waiver of any of the rights set forth in California Public Contract Code Section 9204; provided, however, that (i) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (ii) the City may prescribe reasonable Change Order, Claim, and Dispute Resolution Procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise the timeframes and procedures set forth in Public Contract Code Section 9204.

7. The City’s right to commence the Contract dispute resolution process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the dispute. Nothing herein shall preclude the City from asserting disputes in response to a Claim asserted by Contractor. • Decision of City on Claims.

1. Pursuant to Public Contracting Code section 9204(d), upon receipt of a Claim, the City shall conduct a reasonable review of the claim and, within 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of the Claim, the Owner’s Representative, City, and Contractor may, by mutual agreement, extend the time period provided in this Section. If City determines that additional supporting data are necessary to fully evaluate a Claim, City will request such additional supporting data in writing. Such data shall be furnished by Contractor to City no later than 10 days after the date of such request. Any payment due to Contractor by City on an undisputed portion of the Claim shall be processed and made within 60 days after the written statement is issued.

26.79 METRO Interim Operations Plan Specifications and Contract Documents 46 2. If the City needs approval from its governing body to provide the Contractor with a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the forty-five (45) days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the fortyfive (45) day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3. Failure by the City to respond to a Claim from Contractor within the time periods described in this Section 3 and California Public Contract Code Section 9204 or to otherwise meet the time requirements shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Article 4.2 and California Public Contract Code Section 9204, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.

4. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.

5. Amounts not paid in a timely manner as required by this Section shall bear interest at 7 percent per annum, pursuant to Public Contracting Code section 9204(d)(4).

6. If a subcontractor or a lower tier subcontractor lacks standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or a lower tier subcontractor. A subcontractor may request in writing, either on its own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which has been performed by the subcontractor or lower tier subcontractor on behalf of the subcontractor.

The subcontractor requesting the Claim be presented to the City shall furnish reasonable documentation supporting the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the Claim to the City and, if the Contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so.
• Meet and Confer Conference.

If the Contractor disputes the City's written response, or if the City fails to respond to a Claim issued pursuant to Section 3(E) within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
• Mediation.

26.80 METRO Interim Operations Plan Specifications and Contract Documents 47 1) Within ten (10) business days following the conclusion of the meet and confer conference, specified in Section 3(F), if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.
2) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation, or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. • Arbitration and Litigation.
• In the event mediation does not resolve the parties' dispute, the parties shall comply with the Arbitration provisions set forth in Public Contract Code Sections 10240 – 1024.13.
• Unless the City and Contractor otherwise agree in writing, the arbitration decision shall be binding upon the parties, made under and in accordance with the laws of the State of California, supported by substantial evidence, and in writing. If the total of all Claims or cross Claims submitted to arbitration is in excess of $50,000, the award shall contain the basis for the decision, findings of fact, and conclusions of law. Any arbitration award shall be subject to confirmation, vacation, or correction under the procedures and on the grounds specified in the California Code of Civil Procedure including without limitation Section 1296. The expenses and fees of the arbitrators and the administrative fees of the AAA shall be divided among the parties equally. Each party shall pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. • The City may, but is not required, to assert as a counterclaim any matter arising out of the claims asserted by Contractor in the arbitration. City’s failure to assert any

26.81 METRO Interim Operations Plan Specifications and Contract Documents 48 such counterclaim in an arbitration shall be without prejudice to the City’s right to assert the counterclaim in litigation or other proceeding. • Any litigation shall be filed in the Superior Court of the State of California for the County of Santa Cruz.
• Waiver.

A waiver of or failure by the City to enforce any requirement in this Section 3 in connection with any Claim shall not constitute a waiver of and shall not preclude the City from enforcing such requirements in connection with any other Claims.

The Contractor agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order.

5.06 AUTHORITY OF ENGINEER

The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate or progress of the work; all questions which may arise as to the interpretation of the Drawings and Specifications; and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. His/her decision shall be final and he/she shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.

5.07 CONFORMITY WITH DRAWINGS AND ALLOWABLE DEVIATIONS

Finished work in all cases shall conform to the lines, grades, cross sections, and dimensions shown on the approved Drawings furnished by the City. Deviations from the Drawings as may be required by the exigencies of construction will be determined by the Engineer.

5.08 SUPERINTENDENCE

The Contractor shall designate in writing before starting work, an authorized representative who shall have complete authority to represent and act for the Contractor. Where the Contractor is comprised of two or more persons, partnerships or corporations, functioning on a joint venture basis, said Contractor shall designate in writing to the Engineer the name of their authorized representative who shall have full authority to direct the work and to whom orders will be given by the Engineer, to be received and obeyed by the Contractor.

Said authorized representative of the Contractor shall normally be present at the site of the work at all times while work is prosecuted. Arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

26.82 METRO Interim Operations Plan Specifications and Contract Documents 49 Whenever the Contractor or his/her authorized representative is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the Superintendent or foreman or authorized representative who may have charge of the particular work in reference to which the orders are given. Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will, on request of the Contractor, be given or confirmed by the Engineer in writing.

5.09 LAYOUT OF WORK AND SURVEYS
All work shall be constructed to the lines and elevations shown on the contract drawings.

It is the Contractor’s responsibility to perform construction surveys, place temporary survey markers, and layout the project in conformance with the Contract drawings. The City Engineer or his/her designated appointee shall review and approve prior to construction, including survey staking for traffic islands. The Contractor shall also be responsible for removal of any temporary survey markers at the conclusion of the project.

5.10 INSPECTION

The Engineer and his/her representatives shall at all times have access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Drawings and Specifications. All work done and all materials furnished shall be subject to his/her inspection and approval.

The inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or payment therefor has been included in a progress estimate.

The day-to-day inspection performed by the various inspectors employed by the City shall not constitute approval or ratification of work improperly done by the Contractor. The Engineer is the only person authorized to recommend acceptance or rejection of work and materials.

The presence or absence of an inspector during performance of the work shall not relieve the Contractor of any of his/her obligations to fulfill his/her Contract as prescribed. It shall be the duty of the Contractor to see that the provisions of these Specifications are complied with in detail, irrespective of the inspection given the work during its progress by the Engineer or his/her representatives. Any plan or method suggested to the Contractor by the Engineer or an inspector, but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of the Contractor, and the City and the Engineer will assume no responsibility therefor.

Projects financed in whole or part with Federal or State funds shall be subject to inspection at all times by the Federal or State agency involved.

26.83 METRO Interim Operations Plan Specifications and Contract Documents 50 5.11 TESTING BY CONTRACTOR
The Contractor shall be responsible for controlling the quality of the material entering the work and of the work performed, and shall perform testing as necessary to ensure such control. The test methods used for such quality control testing shall be as determined by the Contractor. The results of such testing shall be made available to the Engineer upon request. Such tests are for the Contractor’s use in controlling the work and will not be accepted for use as acceptance tests.

Full compensation for performing such tests and making the results available to the Engineer shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.

5.12 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORKS

All work that has been rejected shall be remedied, or removed and replaced by the Contractor in an acceptable manner at no additional cost to the City.

Any work done beyond the lines and grades shown on the Drawings or established by the City, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Work so done may be ordered remedied, removed, or replaced.

If the Contractor should fail to comply promptly with any order of the Engineer made under the provisions of this Section, the Engineer may cause rejected or unauthorized work to be remedied, removed, or replaced, and the costs thereof to be deducted from any moneys due or to become due the Contractor.

If any portion of the work done or materials furnished under the Contract shall prove defective or not in accordance with the Specifications and Contract drawings, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work is impracticable or will create conditions which are dangerous or undesirable, the director shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he/she shall make such deductions therefor in the payment due or to become due the Contractor as may be just and reasonable.

5.13 CONSTRUCTION EQUIPMENT AND PLANT
Only equipment and plant suited to produce the quality of work required will be permitted to operate the work.

Plants shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity and of such character to ensure the production of sufficient material to carry the work to completion within the time limit.

The Contractor shall provide adequate and suitable equipment and plant to meet the above requirements; and, when ordered by the Engineer, shall remove unsuitable equipment from the work and discontinue the operation of unsatisfactory plant.

26.84 METRO Interim Operations Plan Specifications and Contract Documents 51 Each machine or unit of equipment shall be operated by a man experienced in handling the particular make of machine or unit of equipment in use, and shall not be operated at a speed or rate of production in excess of that recommended by the manufacturer.

The Contractor shall identify each piece of his/her equipment other than hand tools, be means of an identifying number plainly stenciled or stamped on the equipment at a conspicuous location. In addition, the make, model number, and empty gross weight of each unit of compacting equipment shall be plainly stamped or stenciled in a conspicuous place on the unit. The gross weight shall be either the manufacturer’s rated weight or the scale weight.

5.14 USE OF COMPLETED PORTIONS

The City shall have the right at any time during the progress of the work, to take over and place in service any completed or partially completed portions of the work, notwithstanding the fact that time for completion of the entire work or such portions may not have expired; but such taking possessions thereof shall not be deemed an acceptance of any other portions of the work, nor work on those portions not completed in accordance with the Contract documents.

5.15 LEGAL ADDRESS OF THE CONTRACTOR

Both the address given in the Proposal and Contractor’s office in the vicinity of the work are hereby designated as places to either of which drawings, letters, notices, or other articles of communications to the Contractor may be mailed or delivered. The mailing or delivery at either of these places shall be deemed sufficient notice thereof upon the Contractor.

Nothing herein contained shall be deemed to preclude the service of any drawing, letter, notice, article, or communication to or upon the Contractor or his/her representative personally. The address named in the Proposal may be changed at any time by written notice, from the Contractor to the City.

5.16 FINAL INSPECTION

When the work authorized by the Contract has been completed, the Engineer will make the final inspection.

5.17 ACCEPTANCE OF CONTRACT

When the Engineer has made the final inspection in accordance with these Specifications and determines that the Contract has been completed in all respects in accordance with the drawings and Specifications, he/she will recommend that the City Council formally accept the Work of Improvement. Immediately upon such acceptance by the City, the Contractor will be relieved of the responsibility imposed upon him/her by Section 6.18 from that date on.

26.85 METRO Interim Operations Plan Specifications and Contract Documents 52 5.18 COORDINATION OF SPECIFICATIONS & DRAWINGS

The State Standard Specifications, Standard Provisions, Technical Special Provisions, Drawings, Contract Change Orders, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of conflict, the following shall be the rules of interpretation:

Drawings shall govern over the Standard Provisions; the Special Provisions shall govern over both the Standard Provisions and the Drawings.

Detail Drawings shall govern over General Drawings. Figures written on Drawings shall govern over the Drawings themselves.

5.19 INTERPRETATION OF SPECIFCATIONS & DRAWINGS

The work herein provided for is to be done in accordance with the Specifications and Drawings on file in the office of the Public Works Department. All corrections of readily apparent errors or omissions in Specifications or Drawings may be made by the Director when such corrections are necessary for the proper fulfillment of their intention as construed by him. The misplacement, addition, or omission of any work, letter, figure, or punctuation mark which has no substantive legal effect will in no way change the due spirit, intent, or meaning of these Specifications.

Any part of the work which is not mentioned in these Specifications but is shown on the Drawings, or any part of the work not shown on the Drawings but described in these Specifications, or any part not shown on the Drawings or described in these Specifications, or any part not shown on the Drawings or described in these Specifications but which is reasonably or ordinarily implied by either, shall be furnished and installed by the Contractor as if fully described in these Specifications and shown upon the Drawings.

Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Specifications or on the Drawings, or if the Contractor discovers any discrepancies during the course of the work between the Contract Drawings and conditions in the field, or any errors or omissions in the Contract Drawings, the Specifications, or in the layout given by stakes, points, or instructions, the bidder or Contractor shall apply in writing to the Director for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or questions arising respecting the true meaning of the Specifications or Drawings, reference shall be made in writing to the Director, whose decision thereon shall be final. Any work done after such discovery until authorized by the Director, will be done at the Contractor’s risk.

5.20 STATE SPECIFICATIONS
Where specifically required, the work set forth in these Specifications shall be accomplished in accordance with appropriate provisions of the State of California Standard Specifications, dated 2018, Section 1 to Section 99 inclusive, insofar as they apply. Said

26.86 METRO Interim Operations Plan Specifications and Contract Documents 53 Specifications are herein referred to as the State Standard Specifications and are by reference made a part of these Specifications the same as though set out in full. In the event of conflict between the State Standard Specifications and the Standard, Special, or Technical Provisions of these Specifications or the Drawings, these Specifications and Drawings shall apply.

5.21 REASONABLENESS OF INTERPRETATIONS
All interpretations of these Specifications and the Drawings by the City and decisions made thereon by the Director will not be arbitrary, capricious, or unreasonable.

5.22 LAWS TO BE OBSERVED

The Contractor shall keep himself/herself fully informed of all existing and future State and Federal laws and County and Municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He/she shall at time observe and comply with, and shall cause all his/her agents and employees to observe and comply with, all such applicable existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction of authority over the work; and shall protect and indemnify the City, the City Council, the Director and Consulting Engineer, and all of its and their officers and agents and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself/herself or his/her employees. If any discrepancy or inconsistency is discovered in the Drawings, Specifications, or Contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the director in writing.

5.23 LABOR NONDISCRIMINATION

Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.02I(2), "Nondiscrimination," of the State Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.

26.87 METRO Interim Operations Plan Specifications and Contract Documents 54 5.24 PREVAILING WAGES
In accordance with provisions of Section 1773 of the Labor Code, the City has determined that the work is a public works project and as such subject to current California Department of Industrial Relations state prevailing wage rates applicable to the particular craft, classification, or type of workers employed on the work. These rates are available at the California Department of Industrial Relations website at http://www.dir.ca.gov/DLSR/PWD.

The Contractor shall forfeit as a penalty to the City, $25 for each day, or portion thereof, for each worker paid less than the stipulated prevailing rates for any public work done under the Contract by him/her or by any subcontractor under him/her, in violation of the provisions of the Labor Code, particularly, Section 1770 through 1780 inclusive.

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

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

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and the City
This project is also subject to federal labor standards and requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. CONTRACTOR agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this part.

Such documentation shall be made available to City for review upon request.

CONTRACTOR agrees that all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve CONTRACTOR of its obligation, if any, to require payment of the higher wage. CONTRACTOR shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.

26.88 METRO Interim Operations Plan Specifications and Contract Documents 55 If there is a difference between the federal minimum wage rates predetermined by the U.S.

Department of Labor and the general prevailing wage rates determined by the California DIR for similar classifications of labor, the Contractor and subcontractors shall pay not less than whichever wage rate is higher. The DIR will not accept lower California wage rates not specifically included in the federal minimum wage rate determinations. This includes “helper”, or other classifications based on hours of experience, or other classifications not appearing in the federal minimum wage rate determinations. Where federal minimum wage rate determinations do not contain the DIR’s general prevailing wage rates otherwise available for use by the Contractor and Subcontractors, the Contractor and Subcontractor shall pay not less than the federal minimum wage rate which most closely approximates the duties of the employees in question.

The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment, or tools used in or upon the work shall be considered a part of the work to be performed under the Contract any laborers, workers, or mechanics working on such machinery, equipment, or tools, shall be subject to all of the requirements relating to labor set forth in the Contract.

The construction, erection, and operation of material production, proportioning, or mixing plants from which material is used wholly on the Contract or on Contracts under the supervision of the City, shall be considered a part of the work to be performed under the Contract and any laborers, workers, or mechanics working on such plants shall be subject to all of the requirements relating to labor set forth in the Contract.

5.25 HOURS OF LABOR
Eight hours’ labor constitutes a legal day’s work. The Contractor shall forfeit as a penalty to the city $25 for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each day during which such worker is required or permitted to labor more than eight hours in violation of Labor Code Sections 1810 to 1815, inclusive, except as provided for under Labor Code Section 1815.

5.26 APPRENTICES
The Contractor’s attention is directed to the provisions in Section 1777.5, (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.

Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used on the performance of the Contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:

A. When unemployment in the area of coverage by the Joint Apprenticeship Committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or

26.89 METRO Interim Operations Plan Specifications and Contract Documents 56 B. When the number of apprentices in training in the area, exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he/she employs registered apprentices on all of his/her contracts on an annual average of not less than one apprentice to eight journeymen.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he/she employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

The Contractor and any subcontractor under him/her shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

5.27 PERMITS AND LICENSES

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work, except as provided in the Special Provisions.

5.28 PATENTS & COPYRIGHTS

The Contractor shall assume all costs arising from the use of, and shall hold and save the City and the Council, its offices, agents, and employees, harmless from liability of any nature and kind, including costs and expenses, for or on account of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, equipment, device, or appliance manufactured, furnished, or used by his/her in the performance of the Contract, including their use by the City, unless otherwise specifically stipulated in the Specifications.

5.29 SANITARY FACILITIES

The Contractor shall conform to the rules and regulations pertaining to sanitary provisions as established by the State of California and the County of Santa Cruz as may be applicable.

26.90 METRO Interim Operations Plan Specifications and Contract Documents 57 5.30 PUBLIC SAFETY

The Contractor shall, at his/her own expense, furnish, erect and maintain such fences, barriers, lights, bridges, and signs and provide such flagmen and guards as are necessary in the opinion of the Director of public agency having jurisdiction to give adequate warning to the public of the construction and of any dangerous condition to be encountered as a result thereof.

No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day’s work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly.

Whenever the Contractor’s operations require one-way traffic or create a condition hazardous to public traffic, he/she shall provide and station competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work.

5.31 ACCIDENT PREVENTION

The Contractor shall comply with all pertinent safety orders of the State of California, Department of Industrial Relations, Division of Industrial Safety, and U.S. Department of Labor, OSHA, and will also take or cause to be taken such additional measures as may be necessary for the prevention of accidents.

Prior to commencement of work, the Contractor shall (1) submit in writing his/her proposals for effectuating his/her provisions for accident prevention, and (2) meet in conference with the Director to discuss and develop mutual understandings relative to administration of an overall safety program.

During the performance of work under the Contract, the Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.

The Contractor shall maintain an accurate record of, and shall report to the Director in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment incident to work performed under the Contract.

The Director will notify the Contractor of any noncompliance with the foregoing provisions. The Contractor shall after receipt of such notice, immediately take corrective action. If the Contractor fails or refuses to comply immediately, the matter will be referred to proper authority. No part of the time lost due to any stop order issued by proper authority shall be made the subject or claim for extension of time or for extra costs or damages by the Contractor.

Compliance with the provisions of this Section by subcontractors will be the responsibility of the Contractor.

26.91 METRO Interim Operations Plan Specifications and Contract Documents 58 No direct payment will be made by reason of the provisions of this Section and all costs in connection therewith shall be included in the prices paid for various Contract items of work.

5.32 EXPLOSIVES

Explosives are not permitted.

5.33 FIRES

Fires are not permitted.

5.34 INTERFERENCE WITH FIRE HYDRANTS, HIGHWAYS, AND FENCES

The Contractor shall so conduct his/her operations as not to close or obstruct any portion of any highway, road, or street, or prevent in any way free access to fire hydrants until he/she has obtained permits therefor from the proper authorities. If any highway required to be kept open shall be rendered unsafe by the Contractor’s operation he/she shall make such repairs or provide such temporary guards as shall be acceptable to the authorities having jurisdiction and to the Engineer. Any highway or street maintenance or repair work required by local authorities in connection with necessary operations under the Contract shall be performed by the Contractor at his/her own cost and expense. Fences subject to interference shall be maintained as effective barriers consistent with the original intent, but upon approval of the Engineer, they may be moved or rearranged to facilitate prosecution of the work until the work is finished, after which they shall be restored to their original or better condition.

5.35 PRESERVATION OF PROPERTY

Due care shall be exercised to avoid damage to existing improvements, utility facilities, and adjacent property. The fact that any pipe or underground facility is not shown on the drawings shall not relieve the Contractor of his/her responsibility of ascertaining the existence of any underground improvements or facilities, which may be subject to damage by reason of his/her operation.

Any obstructions along the line of work, such as mail or paper boxes, posts, fences, culverts, improvements, etc., which interfere with the Contractor’s operation shall be carefully removed and replaced by the Contractor as soon as possible in a satisfactory condition. Trees and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings, and structures, conduits, under or above ground pipelines, and any other improvements and facilities adjacent to the work shall be protected from injury or damage and, if ordered by the Engineer, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage.

If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or

26.92 METRO Interim Operations Plan Specifications and Contract Documents 59 restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the work being performed under the Contract. When it becomes necessary for the Contractor to remove an existing fence as an obstruction to the work, the Contractor shall provide the necessary temporary fencing to be functionally as effective as the original for protection of livestock, equipment, or property.

Only those trees specifically designated for removal on the Contract drawings shall be removed, except with specific approval of the Engineer. Tree branches that extend over the work and must be removed shall be cut off at the bole in a workmanlike manner. The Contractor shall then remove other branches so that the tree will present a balanced appearance. Scars resulting from the removal of branches shall be treated with a heavy coat of an approved tree seal. The Engineer may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due the Contractor under the Contract.

No direct payment will be made by reason of the provisions of this Section and all costs in connection therewith shall be included in the prices paid for the various Contract items of work.

The Contractor, and his/her employees and agents, shall at all times observe and comply with all conditions imposed by any instrument granting the right to enter upon property for the purpose of performing the work provided for herein, including, but not limited to, all conditions relative to the prevention and suppression of fires.

5.36 PUBLIC CONVENIENCE

Contractor’s attention is directed to Section 7-1.03, “Public Convenience” of the State Standard Specifications.

Unless otherwise provided in the Special Provisions, all public traffic shall be permitted to pass through the work, and the Contractor shall so conduct his/her operations as to offer the least possible obstruction and inconvenience to the public. He/she shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public, and the Engineer shall be the sole judge of the length or amount of work which will afford proper convenience to the public. In addition to the requirements for furnishing facilities for public safety as specified in Section 5.34, the Contractor shall erect such warning and directional signs as may be necessary, in the opinion of the Director, for expediting the passage of public traffic through or around the work and the approaches thereto. All such signs and traffic maintenance shall be subject to the approval of the Engineer, and he/she shall be notified 24 hours in advance of any disturbance of existing traffic patterns. No changes shall be made until approved by the Engineer.

Traffic signs, existing within the limits of the project, such as STOP signs, shall be placed in a bucket of sand, or otherwise maintained in an upright position, and located so as to properly control traffic, whenever it is necessary to remove them from their permanent

26.93 METRO Interim Operations Plan Specifications and Contract Documents 60 location due to construction of the work, and shall be reinstalled in their permanent location at the earliest possible time.

Where pipelines to be installed under the Contract cross certain designated streets or highways, as noted on the plans, the Contractor will only be permitted to open the trench one-half the width of the pavement at any one time so that two-way traffic can be maintained.

Construction operations shall also be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Water or dust palliative shall be applied if ordered by the Engineer for the alleviation or prevention of dust nuisance caused by the Contractor’s operations. Convenient access to driveways, houses, and buildings along the line of work shall be maintained fully by the Contractor, and temporary approaches to crossing or intersecting roads or streets shall be provided and kept in good condition.

When traffic control signals are shut down as provided in Section 87-21.03B of the State Standard Specifications, the Contractor shall control traffic by use of flagmen, as directed by the Engineer, at those locations set forth in the Special Provisions. No STOP signs will be permitted at these locations. The flagmen required for this operation shall be paid for by the Contractor.

All of the foregoing requirements shall apply on weekends and holidays, if considered necessary by the Engineer. The Engineer may take action as necessary to provide for public convenience and charge the cost thereof to the Contractor if no representative of the Contractor is available to do same.

5.37 CONTRACTOR’S RESPONSIBILITY FOR WORK

Until the formal acceptance of the work, the Contractor shall have the charge and care of the work and of the materials to be used therein, and shall bear the risk of injury, loss, or damage, to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The materials to be used in the work include both those furnished by the City and those furnished by the Contractor, including materials for which the Contractor has received partial payment as provided in Section 5.77.

5.38 RESPONSIBILITY FOR DAMAGES

The City, the City Council, the Engineer, and all officers and employees of the City shall not be answerable or accountable in any manner, for any loss or damage that may occur to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; for damage to property from any cause which might have been prevented by the Contractor or his/her workers, or anyone employed by his/her; against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard.

26.94 METRO Interim Operations Plan Specifications and Contract Documents 61 The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or from any cause whatsoever during the progress of work or at any time before its completion and final acceptance and during the period of the project guarantee. The Contractor shall assume the defense and indemnify and save harmless the City, or Director, and their officers and employees, from every expense, liability or payment by reason of injury (including death) to persons or damage to property suffered through any act or omission, including passive and/or active negligence, of the Contractor or any of his/her subcontractors, or anyone directly or indirectly employed by either of them, or from the condition of the premises while in the control of the Contractor or any of his/her subcontractors, or anyone directly or indirectly employed by either of them, or arising in any way from the work called for by this Contract. Except as provided in Section

5.05, this provision shall not be deemed to require the Contractor to indemnify the City against liability for damages arising from the sole active negligence or willful misconduct of the City or its agents, servants, or independent Contractors who are directly responsible to the City.

5.39 PAYMENT OF TAXES

The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by the Federal, State, or local government.

5.40 PROPERTY RIGHTS IN MATERIALS

Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil, or after payment has been made for 80 percent of the value of materials delivered to the site of the work, whether or not they have been so attached or affixed. All such materials shall become the property of the City upon being so attached or affixed upon payment of such 80 percent of the value of materials delivered by the Contractor on the ground and not used, as provided in Section 5.77.

5.41 RIGHTS IN LAND & IMPROVEMENTS

Nothing in these Specifications shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the Contract for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner, or tenant of such land, structure, or building.

5.42 TITLE TO MATERIALS FOUND ON THE WORK
The title to all water and to the right to the use of all water, to all soil, stone, gravel, sand, minerals, and all other materials developed or obtained in the excavation or other operations by the Contractor or any subcontractor, or any of their employees, and the right to use or dispose of the same, are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor, nor any of their employees shall have any right, title, or

26.95 METRO Interim Operations Plan Specifications and Contract Documents 62 interest in or to any part thereof; neither shall they, nor any of them, assert or make any claim thereto. The Contractor may be permitted to use in the work without charge any such materials that meet the requirements of these Specifications.

5.43 PERSONAL LIABILITY
Neither the members of the City Council, the Director, the Consulting Engineer, nor any other officer or employee of the City shall be personally responsible for any liability arising under the Contract.

5.44 TRESPASS
The Contractor shall be responsible for all damage or injury which may be caused on any property by trespass by the Contractor, any subcontractor or their employees in the course of their employment, whether the said trespass was committed with or without the consent or knowledge of the Contractor.

5.45 SUBCONTRACTING
Attention is directed to the provisions in Section 5-1.13, “Subcontracting,” and these Special Provisions.

No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor’s work.

If the Contractor violates Pub Cont Code §4110. The city of Santa Cruz may refer the violation to the Contractors State License Board as provided under Pub Cont Code § 4111.

The Contractor shall perform work equaling at least 50 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

Each subcontract must comply with the contract.

Each subcontractor must have an active and valid State contractor’s license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).

5.46 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
The agency shall hold 5% retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency.

Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any

26.96 METRO Interim Operations Plan Specifications and Contract Documents 63 violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

This provision applies to both DBE and non-DBE prime contractors and subcontractors.

5.47 PROTECTION OF PUBLIC UTILITIES

Attention is directed to Section 4215, Chapter 3.1 to Division 5 of Title I of the Government code concerning the protection of public utilities on public contracts.

The Contractor will be required to work around public utility facilities that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed, and he/she will be held liable to the owners of such facilities for any damage or interference with service resulting from his/her operations.

The exact locations of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage or interfere with service resulting from his/her operations. It shall be the Contractor’s responsibility to notify public utilities that he/she is working in the vicinity of their facilities.

The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing any excavation or any underground construction. The regional notification centers include but are not limited to the following:

Notification Center Phone #
Underground Service Alert – Northern California 800-227-2600 Underground Service Alert – Southern California 800-422-4133 Western Utilities Underground Alert, Inc. 800-541-3447
Other forces may be engaged in moving or reconstructing utility facilities or maintaining service of utility facilities, and the Contractor shall cooperate with such forces and conduct his/her operations in such a manner as to avoid unnecessary delay or hindrance to the work being performed by such other forces.

The City owns, operates, and maintains its own water and sewer distribution and collection systems and will cooperate with the Contractor insofar as it is reasonable and practicable.

Water, as required for City projects, may be obtained at City-owned fire hydrants provided that application is made to the Water Department and permission obtained with provision for payment.

Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor.

26.97 METRO Interim Operations Plan Specifications and Contract Documents 64 5.48 PUBLICATIONS

The Contractor shall submit and obtain written approval from the Engineer prior to the publication of any technical articles, descriptions, or news releases, concerning this project.

Approval shall be granted providing that the City is properly acknowledged, technical innovations are properly acknowledged, and such publication is in the best interest of the City.

5.49 LANDS & RIGHTS-OF-WAY
The City shall provide the lands, rights-of-way and easements upon which the work under this Contract is to be done, and such other lands as may be designated on the Contract Drawings for the use of the Contractor and the Contractor shall confine his/her operations to within these limits.

The Contractor shall provide at his/her own expense any additional land and access thereto that may be required for temporary construction facilities or for storage of materials.

5.50 ASSIGNMENT

The performance of the Contract may not be assigned except upon the written consent of the City Council. Consent will not be given to any proposed assignment which would relieve the original Contractor or his/her surety of their responsibilities under the Contract.

The Contract may assign moneys due or to become due him/her under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper setoffs in favor of the City and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor should be in default therein.

5.51 COMMENCEMENT OF WORK

The Contractor shall not begin work until he/she has received notice to proceed from the City, and shall upon receiving notice, begin work within the time specified in the notice.

After receipt of said notice, the Contractor shall diligently prosecute the work to completion. The Contractor shall provide written notice to the Engineer of the Contractor’s intention to start work, specifying the date on which he/she intends to start at least 72 hours in advance.

5.52 WORK PROGRESS SCHEDULE

The Contractor shall, prior to beginning work, submit to the Engineer for review and approval a practicable work schedule through completion as specified in these Special Provisions. The Engineer shall have review authority over said schedule.

26.98 METRO Interim Operations Plan Specifications and Contract Documents 65 5.53 TEMPORARY SUSPENSION OF WORK
The Engineer shall have the authority to suspend the work wholly or in part, for such period as he/she may deem necessary when work is being performed in unsuitable weather, or when any other conditions are considered unfavorable for the proper prosecution of the work. The Engineer shall also have authority to suspend the work wholly or in part because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Contract. The Contractor shall immediately comply with the written order of the Engineer to suspend the work wholly or in part. Work suspended wholly or in part shall be resumed by the Contractor on written order of the Engineer when conditions are favorable and methods corrected.

5.54 TEMPORARY SUSPENSION OF WORK FOR THE CONVENIENCE &

BENEFIT OF THE CITY
The Engineer may order the Contractor in writing to temporarily suspend all or any part of the work for such period of time as may be determined by the Engineer to be necessary or desirable for the convenience and benefit of the City. Where such suspension has been ordered in writing as above provided and where such suspension unreasonably delays the progress of the work, the City shall make an equitable adjustment in the Contract price and Contract time.

5.55 SUSPENSION OF WORK BECAUSE OF CONDITIONS BEYOND

CONTROL OF CITY OR CONTRACTOR

Should the work of this Contract be suspended for a period of over one (1) year due to war conditions, labor conditions, legal actions, or for any other reason beyond the control of either the City or the Contractor, the work may be terminated by mutual agreement subject to the following conditions. The City shall be responsible for payment for the actual work accomplished only, based on bid prices. The pro-rated cost of such work, where not fully covered by unit costs or bid items, shall be determined by an evaluation of the work done and the bid costs. Such determination shall be by an Evaluation Board consisting of one member appointed by the City and serving as Chairman, one member appointed by the Contractor, and a third member appointed by joint action of the Contractor and the City as a mutually acceptable, uninterested, neutral, qualified member of the Evaluation Board.

The Contractor and the City shall be bound by the decision of the Evaluation Board.

5.56 TERMINATION OF UNSATISFACTORY SUBCONTRACTS

When any portion of the work which has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontract for such work shall be terminated immediately by the Contractor upon written notice from the Engineer, and the subcontractor shall not again be employed on the type of work in which his/her performance was unsatisfactory.

26.99 METRO Interim Operations Plan Specifications and Contract Documents 66 5.57 CHARACTER OF WORKERS

If any subcontractor or person employed by the Contractor or subcontractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he/she shall be removed from the work immediately on the request of the Director, and such persons shall not again be employed on the work.

5.58 TERMINATION OF CONTRACT

If the Contractor should fail to supply sufficient men, material, supplies, and equipment, the City shall give written notice to the Contractor, which notice shall require that the Contractor supply sufficient men, supplies, materials, and equipment to diligently prosecute the project. If the Contractor fails to resume diligent prosecution of the work within 48 hours after such notice is delivered, the City may eject the Contractor from the job, take over all supplies, equipment, and material of the Contractor on the jobsite, and may either obtain another contractor to finish the project or the City may finish the project with its own forces. In such event, the Contractor shall be liable to the City for damages including but not limited to the full cost of completing the project.

5.59 RIGHT-OF-WAY DELAYS

If performance of the Contractor’s work is delayed as the result of the failure of the City to acquire or provide right-of-way, an extension of time will be granted pursuant to provisions of Section 4.01.

5.60 CONTRACTOR’S COST DATA

The City, or any of its duly authorized representatives shall, until the expiration of three years after final payment under this Contract or any subcontract under it, have access to and the right to examine any of the Contractor’s or subcontractor’s payrolls, records of personnel, invoices of materials, records of plant and equipment costs, and any and all other directly pertinent books, documents, papers, and records of such Contractor or subcontractors, involving transactions related to said Contract or subcontracts. In the event State or Federal funds are involved in the financing of the project, the State or Federal Government shall have the same rights of inspection as the City.

5.61 COORDINATION WITH UTILITIES
The Contractor shall be required to coordinate the work with the removal or relocation of any utility facility by any utility company or public agency where the utility facility is shown on the plans or specified in the Special Provisions to be removed or relocated by such company or agency. It shall be the Contractor’s sole responsibility to effect said coordination, and it shall be deemed, upon his/her submission of a Proposal and Schedule to do Work, that the Contractor has reviewed his/her working plans with and coordinated any utility facility removal or relocation with all appropriate utility companies and public agencies.

26.100
METRO Interim Operations Plan Specifications and Contract Documents 67 In general, the location of existing utility facilities as shown on the drawings are approximate. This information has been obtained from utility maps furnished by the various agencies involved, and the City does not guarantee either the correctness of locations or the extent of such location. Minor lines such as house water, gas, and sewer facilities are not shown. It shall be the responsibility of the Contractor to ascertain the exact location of the utility facilities, and no additional compensation may be claimed for additional work involved because the actual location is different than that shown on the plans.

In the event that a utility facility is encountered which is neither shown on the plans nor specified in the Special Provisions, the Contractor shall immediately notify the City in writing. The City will either have the appropriate utility company or public agency relocate the facility, or the City will direct the Contractor to relocate the facility under the Force Account provisions of these Specifications. No additional compensation may be claimed because of the delays due to utilities encountered along the line of the work. The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City of the owner of the utility facility to provide for removal or relocation of existing utility facilities.

Unless otherwise indicated on the Drawings or specified in the Special Provisions, the Contractor shall maintain in service all drainage, water, gas and sewer lines, including house services, power, lighting and telephone conduits, and any other surface or subsurface structure or facility of any nature that may be affected by the work; provided, however, that the Contractor for his/her convenience may arrange with the owner to temporarily disconnect house service lines or other facilities along the line of the work. The cost of disconnecting and restoring such utilities shall be borne by the Contractor.

The Contractor is responsible for the protection of and for any damage to any utility facility encountered on the project during the prosecution of the work. Any such damage to a utility facility shall be repaired to the satisfaction of the utility owning the same. The City reserves the right, if so requested by the owner, to permit the owner to repair such damage.

All expenses of whatever nature arising from such damage shall be borne by the Contractor.

5.62 RESPONSIBILITY FOR ACCURACY

The Contractor shall obtain all necessary measurements for and from the work, and shall check dimensions, elevations, and grades for all layout and construction work and shall supervise such work, for the accuracy of all of which he/she shall be responsible. Each subcontractor shall adjust, correct, and coordinate his/her work with the work of others so that no discrepancies will result in the whole work.

Contractor shall notify the Engineer immediately of any discrepancies in the lines, levels, or grades established by the Engineer.

Unless authorized by the Engineer, any work done with known discrepancies or without lines, levels, or grades established by the Engineer shall be done at the Contractor’s risk.

26.101
METRO Interim Operations Plan Specifications and Contract Documents 68 5.63 TEMPORARY FACILITIES & SERVICES

The Contractor shall be responsible for providing and maintaining the necessary storage places, field office, temporary roads, fences, watchmen, etc., and required utilities, such as telephone, electric, and water service, at his/her expense. No water shall be withdrawn from fire hydrants for construction purposes until the Contractor has approval of the owner for such a connection.

5.64 UNFAVORABLE WEATHER & OTHER CONDITIONS

During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as will not be damaged thereby. No portions of the work of which the satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless by special means of precautions approved by the Engineer the Contractor shall be able to overcome them.

5.65 WEEKEND, HOLIDAY, AND NIGHT WORK

No work shall be done between the hours of 4 PM and 8 AM, nor on Sundays or legal holidays except with the written permission of the Director of Public Works, except in case of an emergency.

It is understood, however, that two or three shift operations may be established as a regular procedure by the Contractor if he/she first obtains written permission from the Engineer.

Such permission may be revoked by the Engineer at any time if the Contractor fails to maintain adequate force and equipment for reasonable prosecution and to justify inspection of the work or fails to provide sufficient artificial light to permit the work to be carried on properly and to permit proper inspection.

The Contractor shall give the Engineer 48 hours prior notice of any work to be done on a Saturday, with the location and type of work to be done specified; and any work done without such notice and without the presence of an inspector may be ordered removed and replaced at the Contractor’s expense.

5.66 WORK TO BE DONE WITHOUT DIRECT PAYMENT
Whenever it is specified that the Contractor is to do work or furnish materials of any class for which no price is fixed in the Proposal, it shall be understood that he/she is to do such work or furnish such materials without extra charge or allowance or direct payment of any kind. The cost of doing such work or furnishing such materials is to be included in the price bid for such other items of work as he/she may consider appropriate, unless it is expressly specified in the Special Provisions that such work or materials is to be paid for as extra work.

26.102
METRO Interim Operations Plan Specifications and Contract Documents 69 5.67 MEASUREMENT OF QUANTITIES

Payment for all work bid at a price per unit of measurement will be based upon the actual quantities of work as measured upon completion. The City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities given in the Proposal. The Contractor shall make no claim for anticipated profits, for loss of profit, for damages, or for any extra payment whatever because of any difference between the amount of work actually done or materials furnished and the estimated amount.

Items bid on a “Lump Sum” or “Job” basis shall result in a complete structure, operating plant, or system in satisfactory working condition in respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied.

5.68 CHANGE ORDERS

When alterations in quantities of work for which unit prices are shown in the Proposal are ordered and performed, the adjustment in the Contract amount shall be determined on the basis of such unit prices for the actual quantities of work done.

Adjustments, if any, in the amount to be paid the Contractor by reason of any other modifications of the work as set forth in a Contract Change Order, shall be determined by one or more of the following methods:
a. Lump Sum Price. By an acceptable lump-sum Proposal from the Contractor. b. Unit Prices. By unit prices fixed by agreement between the City and the Contractor.
c. Force Account. By ordering the Contractor to proceed with the work and to keep and present in such form as the Engineer may order, a correct account of the cost of the change, together with all vouchers therefor.

5.69 FORCE ACCOUNT WORK

Shall comply with the provisions in Section 9-1.04, “Force Account,” of the State Standard Specifications.

5.70 DEDUCTIONS FROM PAYMENTS

The City, by and through the City Council, may at its option and at any time, retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 1181 et seq., of the code of Civil Procedure.

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METRO Interim Operations Plan Specifications and Contract Documents 70 5.71 PARTIAL PAYMENT

At monthly intervals, as fixed by the City, the Contractor will prepare an estimate in writing of the total amount of work done and the acceptable materials furnished and delivered by the Contractor on the ground and not used, to the time of such estimate, and the value thereof. Acceptable materials shall be those materials which will become a part of the finished construction work. The basis for partial payments of lump sum or other unit Contract items will be determined by agreement between the Director and the Contractor.

The City shall retain 10 percent of such estimated value of work done and 20 percent of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid and shall pay at the established monthly intervals to the Contractor, while carrying on the work, the balance not retained as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the Contract.

However, at any time after 50 percent of the work has been completed, if the City finds that satisfactory progress is being made, the City may make any of the remaining progress payments in full for actual work completed, or may withhold any amount up to 5 percent thereof, as the City may find appropriate based on the Contractor’s progress. No such estimate or payment shall be required to be made when, in the judgment of the Director, the work is not proceeding in accordance with the provisions of the Contract, or when, in his/her judgment, the total value of the work done since the last estimate amounts to less than $500. No such estimate or payment shall be considered to be an acceptance of any defective work or improper materials. All progress estimates and payments shall be subject to correction in the final estimate.

5.72 FINAL PAYMENT
As soon as practicable after completion of the work, the Engineer will prepare in writing and furnish to the Contractor the final estimate of the quantities of work done and all payments due under the Contract, which estimate will show deductions for prior payments and any other amounts to be retained under Section 5.77. The amount determined due less the amount retained will be paid. This retained amount will not be due or payable until 35 days after the completion of the work and the filing of Notice of Completion and Acceptance in the manner provided by law and until after the Contractor has furnished the City a release by all claims by the Contractor against the City arising by virtue of this Contract except such claims in definite amounts as the Contractor may specifically exempt from the operation of the release.

At the earliest practicable time after having filed a claim, either during the performance of the work or after its completion as specified in the foregoing paragraph, it shall be the responsibility of the Contractor to submit in writing the basis for each claim, reference to applicable provisions of the Specifications, the method of computation of the amount claimed due, and all other factual data pertaining thereto. Failure to submit such information and details within the 90 days after filing said claims will be sufficient cause for denying the claims. No claim will be considered where there has been a failure to comply with the requirements of Section 5.04.

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METRO Interim Operations Plan Specifications and Contract Documents 71 5.73 SCOPE OF PAYMENT

Payment for all items of work at the unit or lump sum price shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the item of work, and no additional allowance will be made therefor.

5.74 GUARANTEE
Should any failure of the work occur within a period of one year after acceptance of the project by the City, which can be attributed to faulty materials, poor workmanship, or defective equipment, or should discovery be made within this period of any noncompliance with the Plans and Specifications, the Contractor shall promptly make the needed repairs, replacement, or installation at his/her expense.

The City is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten days after he/she is given written notice of such failure; provided however, that in case of emergency where, in the opinion of the Engineer, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected without prior notice to the Contractor, and the Contractor shall pay the entire costs thereof.

Unless otherwise set forth in the Special Provisions, as a condition precedent to the acceptance of the Contract, the Contractor shall furnish a corporate surety bond, of an acceptable surety company authorized to do business in the State of California, to protect the City against the results of such faulty materials, poor workmanship, or defective equipment and to guarantee the Contractor’s responsibility as outlines above, for a period of one year after completion and acceptance of the project by the City. Said bond shall be in a sum not less than ten percent (10%) of the Contract amount.

5.75 TEMPORARY CONSTRUCTION EASEMENT

The use of temporary construction easements by the Contractor shall be limited to the construction of improvements as shown on the plans and as specified in these specifications, and shall not be used to store materials or equipment, except as approved in writing by the Engineer.

5.76 BUY AMERICA REQUIREMENTS
Furnish steel and iron materials to be incorporated into the work with certificates of compliance.

Steel and iron materials must be produced in the U.S. except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used.

Production includes:

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METRO Interim Operations Plan Specifications and Contract Documents 72 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;

2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.

SECTION 6 – BLANK
SECTION 7 – BLANK
SECTION 8 – CONTROL OF MATERIALS AND INSTALLED EQUIPMENT

8.01 QUALITY ASSURANCE PROGRAM (QAP)
The City of Santa Cruz uses a Quality Assurance Program (QAP)1 to ensure materials are produced to comply with the Contract. The requirements of “CONTROL OF MATERIALS AND INSTALLED EQUIPMENT” shall be in accordance to the City of Santa Cruz QAP unless otherwise specified in the contract specifications.

Schedule work to allow time for QAP.

8.02 FURNISHING AND QUALITY OF MATERIALS AND EQUIPMENT

The Contractor shall furnish all materials and equipment required to complete the work, except materials or equipment that are designated in the Special Provisions to be furnished by the City.

Notwithstanding any prior inspection or approval, only materials and equipment conforming to the requirements of the Specifications shall be incorporated in the work.

The materials and equipment furnished and used shall be new and unused and of the highest commercial quality currently available. The materials and equipment shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the Drawings and Specifications.

The Contractor shall be required to furnish a written guaranty covering certain items of material and equipment for varying periods of time from the date of acceptance of the Work of Improvement. The material and equipment to be guaranteed, the form of guaranty, and time limit of the guaranty are as specified in Section 5.80. Said guaranty shall be signed and delivered to the Engineer before Acceptance of the Work of Improvement. Upon completion of the Work of Improvement, the amounts of the Contract bonds required in Section 3.06 may be reduced to conform to the total amount of the Contract bid prices for 1 The City’s Quality Assurance Program is located via the City Website at:
https://www.cityofsantacruz.com/home/showpublisheddocument/90754/637989231343969501

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METRO Interim Operations Plan Specifications and Contract Documents 73 the items to be guaranteed and this amount shall continue in full force and effect for the duration of the guaranty period.

8.03 SOURCE OF MATERIAL AND EQUIPMENT
The Contractor shall furnish a list of his/her sources of materials and equipment to the Engineer. The list shall be furnished on a City form and shall be furnished to the director in sufficient time to permit proper inspection and testing of materials and equipment to be furnished from such listed sources in advance of their use. The Contractor shall furnish without charge such samples as may be required. Inspection and tests will be made and reports rendered, but it is understood that such inspection and tests shall not be considered as a guarantee of acceptance of any material or equipment or materials which, after approval, have in any way become unfit for use shall be used in the work.

The Contractor shall submit five copies of approval data for the mechanical and electrical materials and equipment proposed for installation. The data shall be submitted in the same routine as prescribed for working drawings in Section 5.10. Approval data shall consist of complete material and equipment lists accompanied by catalog data sheets, cuts, performance curves, diagrams, or similar descriptive material. Material and equipment lists shall give in each case the name of the manufacturer, trade name, catalog reference, size, finish, and all other pertinent data. It is intended that approval data should not include such materials as small pipe and small pipe fittings, conduit and conduit fittings, or tubing.

Data submitted as specified herein for each major subdivision of mechanical and electrical work shall be bound together under a hard cover, provided with a complete index, and properly identified on the cover. Individual sheets shall be easily removable without tearing or other damage. The Contractor shall furnish operation and maintenance manuals or instructions if required by the Special Provisions.

At the option of the Engineer, the source of supply of each of the materials shall be approved by him/her before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. After trial, if it is found that sources of supply which appeared satisfactory do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other sources.

8.04 STORAGE OF MATERIALS AND EQUIPMENT
Materials and equipment shall be stored in a staging area provided by the City of Santa Cruz within a City-owned lot or facility and shall be so stored as to ensure the preservation of their quality and fitness for the work. They shall be placed under cover when directed and shall be sorted in a manner that will facilitate prompt inspection. If a staging area is not within a City-owned lot or facility, the Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.

8.05 DEFECTIVE MATERIALS
All materials not conforming to the requirements of the Specifications and Drawings shall be considered as defective and all such materials shall be rejected, whether in place or not.

They shall be removed immediately from the site of the work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently

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METRO Interim Operations Plan Specifications and Contract Documents 74 corrected, shall be used unless approval in writing has been given by the Engineer. If the Contractor should fail to comply promptly with any order of the Engineer made under the provisions of this Section, the Engineer may cause defective materials to be removed and replaced, and the costs thereof to be deducted from any moneys due or to become due the Contractor.

8.06 TRADE NAMES AND ALTERNATIVES
For convenience in designation on the Drawings or in the Specifications, certain equipment or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer in his/her catalog information. The use of alternative equipment or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:

The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be upon the Contractor and he/she shall furnish, at his/her own expense, six copies of complete description, information, and performance data showing the quality of the materials or equipment offered to those specified, and such other necessary or related information as may be required by the Engineer. The Engineer will be the sole judge as to the comparative quality and suitability of alternative equipment or materials and his/her decision shall be final.

The Contractor, pursuant to Government Code, Section 4380, shall have at least 35 days after award of the Contract for submission of data substantiating a request for a substitution of “or equal” item.

8.07 TESTING MATERIALS
Unless otherwise specified in the Special Provisions called for on the Drawings, all tests of materials and work, for determining compliance with requirements, shall be performed in accordance with the City of Santa Cruz Quality Assurance Program (QAP).

Whenever a reference is made to a specification or test method either of the American Society of Testing Materials, the American Water Works Association, or any other authority, and the number accompanying the specification or test method representing the year of its acceptance is omitted, the reference shall mean the specification or test method in effect on the date of the Notice to Contractors.

Whenever a specification or test method of the American Society for Testing Materials, the American Water Works Association, or any other authority, includes a test procedure or test requirement, the Contractor shall submit two copies of certified test results, unless the requirement therefor is waived. No material will be accepted until these data have been passed upon by the Engineer and accepted.

Samples of all materials entering into the work shall be furnished by the Contractor without charge, when requested by the Engineer.

8.071 FREQUENCY
Sample locations and frequencies may be in accordance with the contract specifications.

If not specified in the contract specifications, samples shall be taken at the locations and

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METRO Interim Operations Plan Specifications and Contract Documents 75 frequencies specified in Attachment 1 (Frequency Tables) of the City of Santa Cruz Quality Assurance Program (QAP).

Relatively minor quantities of construction materials may be accepted without testing provided acceptance conforms to the conditions stated below (generally, this provides for accepting minor quantities of materials from a commercial source that is known to be a supplier of specification material):
5 The Engineer, on the basis of a visual examination, may accept minor quantities of materials without testing provided the source of the supplies has recently furnished similar materials found to be satisfactory using normal sampling and testing requirements.
6 Acceptance of a product may be established on the basis of certification by the manufacturer or supplier that the material furnished complies with all specification requirements.

Materials may be tested at any time during progress of the work at the Engineer’s discretion.

8.072 CERTIFICATES OF COMPLIANCE
The following is a list of materials that can be typically accepted on the basis of certificates of compliance during construction. Certificates shall conform to the requirements of the State Standard Specifications and these contract specifications and shall include, at a minimum:
- Project name and contract number
- Manufacturer’s signature
- Lot number matching material delivered
- Statement that the material complies with this project’s contract specifications
Construction Materials Typically Accepted by Certificate of Compliance*:

Aggregate Base Portland Cement
Concrete Mix
Asphalt Concrete
Truncated Warning
Surfaces
Thermoplastic Striping Striping Paint
Glass Beads Asphalt Binder Metal Poles
*this list is not inclusive of all materials that may be accepted by a Certificate of Compliance for this project.

8.08 PLANT INSPECTION
Materials and equipment which become a part of the completed work will be subject to inspection at the place of production or manufacture, at the shipping point, or at the site of the work. Materials and equipment requiring inspection at the place of production or manufacture will be designated by the Engineer. Where plant inspection is so designated, the Engineer shall be given 14 days advance notice of the start of manufacture or production. The Contractor’s purchase orders for materials and equipment for which plant inspection has been designated by the Engineer shall bear a suitable notation advising suppliers and subcontractors of inspection requirements.

26.109
METRO Interim Operations Plan Specifications and Contract Documents 76 The Engineer or his/her authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of materials and equipment for the City. Adequate facilities shall be furnished free of charge to make the necessary inspection.

The City assumes no obligation to inspect material or equipment at the place of manufacture or production, or at the shipping point.

SECTION 9 – DESCRIPTION OF WORK

9.01 WORK TO BE PERFORMED
The work to be done consists in general of installing concrete curbs, gutters, sidewalk, asphalt concrete, roadway signs, striping and pavement markings. All other work not mentioned above that is required by the plans, City Standard Specifications, State Standard Specifications and the Special Provisions shall be performed, placed, constructed or installed.

SECTION 10 – TECHNICAL SPECIAL PROVISIONS

10.01 MOBILIZATION

A DESCRIPTION
Mobilization shall conform to the requirements of Section 9-1.16D “Mobilization” of the State Standard Specifications.

B MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements for “Mobilization” shall be considered as included in the contract prices paid for in the various items of work involved and no additional compensation will be allowed.

The contract LUMP SUM bid price paid for “MOBILIZATION” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in the mobilization as specified herein. Partial payments shall be in accordance with Section 9-1.16D of the State Standard Specifications.

10.02 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS

A MAINTAINING TRAFFIC
Attention is directed to Sections 7-1.03, "Public Convenience," 7-1.04, "Public Safety," and 12, "Temporary Traffic Control," of the State Standard Specifications

26.110
METRO Interim Operations Plan Specifications and Contract Documents 77 and to the Section entitled "Public Safety" elsewhere in these Special Provisions, and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.04.

The Contractor's attention is directed to Article 7-16 of the City of Santa Cruz Department of Public Works Standard Specifications. Construction is within the City owned right of way and provisions shall be made for the safe passage of public traffic through the necessary portions of work at all times with as little inconvenience to the public as possible. The Contractor shall also make provisions for the safe passage of pedestrians/bicyclists around the area of work at all times (See attachment – Community Traffic Safety Coalition, Recommended Guidelines to protect the Safety of Bicycle, Pedestrians and Disabled Travelers during Road Construction).

The Contractor shall comply with the current State of California, Department of Transportation Manual on Uniform Traffic Control Devices (CA MUTCD) for all items related to traffic within the job site.

The streets shall remain open for two-way traffic unless temporary closing and detouring is specifically authorized in writing by the Engineer.

The Contractor shall clean the area of work and keep it open for two-way traffic for weekends and evenings throughout the construction period. The Contractor shall furnish and place temporary construction area signs required for the direction of public traffic through or around the work at all times, day and night, 7 days a week.

During construction operations, the Contractor shall also meet the following conditions:

1. Personal vehicles of the Contractor's employees shall not be parked within the construction area, on the traveled way or shoulders, including any section closed to public traffic.

2. Access for emergency vehicles to adjoining properties shall be maintained at all times during construction.

3. Contractor shall maintain access to existing business driveways at all times.

Contractor shall provide written notification to all businesses/residents one week in advance and again 24 hours prior to work that will disrupt driveway access and shall through thoughtful planning, restore that access as soon as possible. The contractor shall consult with the inspector on the project and with affected business operators in advance of his/her obstructing vehicular or foot traffic to the properties to be affected, so that the best time for this obstruction can be determined.

4. The contractor shall provide temporary delineation after paving operations.

Temporary delineation shall consist of "Series 5360 Scotch Lane" or equal pavement tape with foil backing. The Contractor shall maintain temporary delineation until permanent striping is installed. The Contractor shall remove

26.111
METRO Interim Operations Plan Specifications and Contract Documents 78 temporary delineation immediately after permanent striping is installed. The Contractor shall remove temporary delineation immediately after of just before permanent striping is installed. Removal includes, but is not limited to blacking out all cat-tracking revisions for traffic lines and pavement markings.

5. The Contractor is prohibited from storage of materials or equipment in any location that would interfere with the free and safe passage of pedestrian, bike and vehicular traffic.

6. The Contractor shall notify and update fire, police, ambulance and transit services of anticipated closures and traffic flow disruptions at least 24 hours prior to construction work that affects traffic.

7. Coordinate with Engineer and Santa Cruz Metro for bus stop closures and relocations.

8. Coordinate with Engineer on removal or bagging of existing parking meters, and installation of new parking meters. Coordinate with Engineer on necessary tree trimming as shown on Plans.

9. The Contractor shall notify local authorities of the Contractor's intent to begin work at least 5 calendar days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make all arrangements relative to keeping the working area clear of parked vehicles.

Full compensation for MAINTAINING TRAFFIC shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

B TRAFFIC CONTROL SYSTEM
Traffic Control Plan – At least 5 calendar days prior to commencing construction which will affect existing traffic, the contractor shall submit for review and approval by the Engineer, a Traffic Control Plan which contains only information specifically related to work zone traffic control. No work will proceed until the Traffic Control Plan has been approved.

The content of the Traffic Control Plan shall include but is not limited to, the following:

1. Show work zones and buffer zones, including width and length of excavation.

Identify equipment and material staging area. NOTE: The buffer zone shall not be used for work activity, or the storage of equipment, vehicles, or materials.

The buffer zone is an area used to provide recovery space for an errant vehicle.

See Table 6C-2 in the CA MUTCD.

2. Show dimensions of traffic lanes, bicycle lanes and sidewalk affected by traffic control.

26.112
METRO Interim Operations Plan Specifications and Contract Documents 79 3. Indicate the type of signs used in accordance with CA MUTCD and the distances between advance warning signs as appropriate for the work being done. Show location and orientation of signs. See figures 6C-1 and 6H-1 through 6H-105 in the CA MUTCD.

4. Indicate type and size of channelizing devices and the typical distance between each device. See figure 6F-7 in the CA MUTCD.

5. Show length of taper (L) and width of offset and other tapers used, i.e. shifting taper, shoulder taper, etc. At the beginning of a lane shift, place horizontal arrow sign on top of the channelizing device to indicate direction of shift.

See Table 6C-3(CA) and Table 6C-4 in the CA MUTCD.

6. Identify side streets and driveways affected by construction and show how they will be handled.

7. Show how pedestrian and bicycle traffic will be handled through the construction site during all hours including pavement planning/edge grinding operations.

Contractor shall include BIKES MAY USE FULL LANE (R4-11) and SIDEWALK CLOSED AHEAD, CROSS HERE (R9-11) signage.

A traffic control system shall consist of closing traffic lanes and providing lights, signs, barricades, portable delineators, traffic cones, temporary striping, pavement delineation, markers and pavement markings, steel plates, flaggers or other necessary devices in conformance with the details shown on the plans, the provisions of Section 12, "Temporary Traffic Control," of the State Standard Specifications, the provisions under "Maintaining Traffic" and "Construction Area Signs" elsewhere in these Special Provisions and these Special Provisions.

Daytime lane closures shall not commence before 8:00 a.m. and shall cease at 3:30 p.m. No work that interferes with public traffic shall be done outside these hours except for work required under sections 7-1.03 “Public Convenience” and Section 7-1.04 “Public Safety” of the State Standard Specifications. All lanes shall be open at 4:00 p.m. The contractor shall also limit edge grinding, pavement planning and overlay placement to these times. The times listed above are the only times during which these activities may occur. These conditions shall be in effect unless otherwise directed by the Engineer.

The contractor shall be responsible for coordinating his activities to avoid any conflicts on streets which have garbage or recycled material pickups scheduled for the same day. The contractor shall contact the City Refuse and Recycling Division at 420-5545.

The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take the measures as may be necessary to comply with the provisions in Section 7-1.04, "Public Safety," of the State Standard Specifications.

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METRO Interim Operations Plan Specifications and Contract Documents 80 If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component and shall restore the component to its original location.

When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations, approved by the Engineer, within the limits of the street right of way.

C MEASUREMENT AND PAYMENT
The contract LUMP SUM bid price paid for “TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS” shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system, including flagging, construction area signs, temporary pavement delineation, barricades, traffic cones and traffic delineators, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

10.03 CONTROL OF WORK

A DESCRIPTION

Control of work shall conform to the requirements of Section 5 “Control of Work” of the State Standard Specifications and these Special Provisions.

B TRENCH AND EXCAVATION SAFETY PROTECTION SYSTEM

Attention is directed to Sections 7-1.02k(6)(b), "Excavation Safety," of the State Standard Specifications and these Special Provisions.

The walls and faces of all excavations for trenches 5 feet or more in depth in which employees shall enter shall be effectively guarded by a shoring system, sloping of the ground, or other equivalent means. Excavations and trenches less than 5 feet in depth shall also be guarded when examinations indicate hazardous ground movement may be expected.

If a shoring system is necessary, the CONTRACTOR shall submit a shoring/bracing plan for City’s Review and approval.

Approval by the Engineer of the shoring drawings or shoring inspection performed by the Engineer will in no way relieve the CONTRACTOR of full responsibility for adequacy of the shoring.

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METRO Interim Operations Plan Specifications and Contract Documents 81 If construction is taking place in a public area, the CONTRACTOR shall take all necessary precautions to protect the public from the hazards of open excavation. Trenches shall be covered at night, on weekends, and during non-working hours.

C SURVEYS AND GRADES
The Engineer shall establish permanent type reference monuments or posts for the horizontal alignment and vertical control of the work. The CONTRACTOR shall provide a Professional Land Surveyor or Civil Engineer licensed in the State of California to perform said services to provide all temporary stakes for horizontal and vertical alignment sufficient for construction of the project. The CONTRACTOR is charged with the responsibility of adequately protecting said stakes and monuments.

D MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “TRENCH AND EXCAVATION SAFETY PROTECTION SYSTEM” (shoring) including the preparation of plans, furnishing all labor, materials, tools, equipment, incidentals shall be considered as included in the prices paid for the various contract items of work and no separate payment will be made there for, unless otherwise specified.

Full compensation for conforming to the provisions other than Trench and Excavation Safety Protection System herein shall be considered as included in the prices paid for the various contract items of work and no separate payment will be made there for, unless otherwise specified.

26.115
METRO Interim Operations Plan Specifications and Contract Documents 82 10.04 EXISTING HIGHWAY FACILITIES

A GENERAL
Attention is directed to Section 15, "Existing Facilities," of the State Standard Specifications.

The work shall consist of removing, abandoning, relocating or protecting existing facilities, which interfere with construction. Removed facilities shall be disposed of, salvaged or relocated as specified in these Special Provisions, as shown on the Plans, or as directed by the Engineer.

Trenches, holes, depressions and pits caused by the removal of highway facilities shall be backfilled with materials as provided in Section 19 “Earthwork”. Native material excavated for the purposes of removal of existing pipe shall be removed and disposed offsite. Such trenches, holes, depressions, and pits that are in surfaced areas, otherwise to remain undisturbed, shall be backfilled with selected material.

Material shown on the plans or designated in these Special Provisions which is to be salvaged or used in the reconstructed work and which has been damaged or destroyed as a result of the CONTRACTOR’s operations, shall be repaired or replaced by the CONTRACTOR, at his expense.

Payment for the relocation or removal of miscellaneous items shall be included in various bid items and no additional compensation will be considered.

B UTILITIES

GENERAL
Utilities include but are not limited to telephone, electricity, gas, cable and, storm drain.

UTILITY CONSTRUCTION SCHEDULING
Scheduling and coordination of construction with the respective utilities is the responsibility of the CONTRACTOR. Concurrent utility construction shall be verified with the respective utility companies. Payment for construction of these utility lines shall be the responsibility of the respective utility companies unless identified as work items in the bid schedule. Utilities involved in the work and their contact person are listed below:

UTILITIES TELEPHONE TYPE OF UTILITY
AT&T
515 Chappell Road
Watsonville, CA 95076
Terry Hamlin
831-728-3641 Communication

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METRO Interim Operations Plan Specifications and Contract Documents 83 Comcast
106 Whispering Pines Drive
Scotts Valley, CA 95066
Mr. Mark Giblin
831-440-4023 Cable
PG&E
615 Seventh Avenue
Santa Cruz, CA 95062
Ms. Patricia Gomez
831-479-3015 Power & Gas
City of Santa Cruz
809 Center Street
Santa Cruz, CA 95060
Ms. Katie Stewart
831-420-5442 Storm Drain, Sewer
City of Santa Cruz
212 Locust Street, Suite A-D
Santa Cruz, CA 95060
Mr. Doug Valby
831-420-5212 Water

EXISTING UTILITIES
Existing utilities are located within the limits of work. The CONTRACTOR shall confirm locations of all utilities and protect them in place.

The Agency has endeavored to locate and show on the plans the approximate locations of all private and public utilities and facilities to be encountered during construction.

However, it is possible that, during the work, unknown substructures requiring relocation or protection may be encountered. Such unknown substructures will generally fall into two classes:

Class I - Those requiring relocation or protection at the expense of the utility owners.

Class II - Those requiring relocation or protection at the expense of the City.

For Class I utilities, the CONTRACTOR shall provide time and working space for protection or relocation activities.

For Class II utilities, the City will make arrangements for the protection or relocation by the Utility Owner or by the CONTRACTOR or by others.

The CONTRACTOR shall protect facilities shown on the plans, “To Be Relocated By Others,” in both original and relocated positions and any damage to such facilities shall be immediately repaired to the utility owner's satisfaction at no cost to the City.

Prior to the commencement of work, the CONTRACTOR shall verify the location and depth of all utilities, including service laterals and service connections, which have been

26.117
METRO Interim Operations Plan Specifications and Contract Documents 84 indicated on the plans or marked by the respective utility owners and which may affect or be affected by its operations.

All utilities designated on the plans to be protected in place shall be carefully uncovered if located within the lines of excavation. In the event a utility conflict exists, the City will either arrange for utility owner to relocate the utility or adjust grade and/or alignment of the proposed improvement. In the event any such facility should be disturbed or damaged, the CONTRACTOR shall at once make repairs to the satisfaction of the utility owner, or arrange with the utility owner to make repairs, at no cost to the City. Any delays or reconstruction of improvements resulting from the CONTRACTOR's failure to verify Utility locations and depths shall be made at the CONTRACTOR's expense.

If the CONTRACTOR wishes to have any of the following utilities located, he must contact the responsible Agency at least two working days prior to construction in the immediate vicinity of the utility.

The CONTRACTOR's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the CONTRACTOR with the locations of their substructures in the construction area when the CONTRACTOR gives at least two working days’ notice to the Underground Service Alert by calling 1-800-422-4133.

UTILITY VERIFICATION / COORDINATION
The CONTRACTOR shall arrange for and conduct a preconstruction meeting between the CONTRACTOR, the Engineer, and the Utility Companies to discuss scheduling coordination of any required utility relocations, and the protection of existing utilities.

The CONTRACTOR shall attend any preconstruction meeting scheduled by the City and shall cooperate with all utility owners performing utility relocation or installation work on the work site.

The CONTRACTOR shall conduct any other exploratory excavations as necessary, in order to perform his work and no additional compensation will be allowed.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “UTILITIES” including verification of utility location and depth and all utility coordination shall be considered as included in the contract prices paid for in the various items of work involved and no additional compensation will be allowed.

C POTHOLING

DESCRIPTION
Designated utilities will be exposed using vacuum excavation. Locations and utilities to be determined jointly by Contractor and City. Excavated material will be removed from

26.118
METRO Interim Operations Plan Specifications and Contract Documents 85 the site and will be backfilled with Class 2 AB, compacted and the surface cold asphalted where applicable. The Contractor will provide all special equipment, skilled personnel and supplies necessary to perform designation and utility location services utilizing air/vacuum, dust controlled soil extraction method.

The Contractor shall;
a) Comply with all applicable subsurface utility damage prevention laws, including premarking prospective work areas and notify USA 48 hours, b) Provide traffic control, including materials, labor and equipment, in accordance with the requirements of the City of Santa Cruz,
c) Neatly cut and remove existing pavement, generally 12” square for depth to 5 feet, d) Remove the soil above the utility using vacuum excavation and compressed air to loosen the material, In order to safely expose the top of the utility, e) Measure to 1/10 of one foot to the top of the utility from original ground surface, f) Backfill and compact with Class AB and re-surface with cold asphalt in paved areas, g) Furnish and install PK nails and/or high visibility “whiskers” or stakes directly above the center-line of the utility,
h) Provide a table that indicates the utility reference number, description of the utility including size and material where ascertainable and depth to top of the utility.

The Contractor shall survey the elevation of the finish surface at the PK nail and calculate the top of utility elevation of the respective utility.

The Contractor shall present table to the City and coordinate any adjustment with structural section of the pavement and/or the depth of scarification as necessary to complete the project.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “POTHOLING” including furnishing all labor, materials, equipment, tools, and incidentals shall be considered as included in the contract prices paid for in the various items of work involved and no additional compensation will be allowed.

D REMOVE MISCELLANEOUS CONCRETE AND ASPHALT CONCRETE

PAVEMENT

DESCRIPTION
Work shall consist of the full-depth removal and disposal of existing Portland cement concrete (reinforced and unreinforced) and asphalt concrete pavement interfering with the work as described in the plans and as directed by the Engineer. Removals shall include but not be limited to:

Curb & Gutter / Sidewalks / Ramps /Extruded Curbs / Roadway (Concrete and Asphalt Concrete)
Contractor shall meet with the Engineer onsite prior to marking any saw cut limits. Saw cut limits must be approved by the Engineer prior to any saw cutting work being performed.

26.119
METRO Interim Operations Plan Specifications and Contract Documents 86 If additional saw cutting is required to meet the intent of the project plans and a specifications, including ADA slopes and extended conforms, it shall come at no extra cost to the City and the Contractor shall be responsible to maintain construction schedule.

Removed facilities shall be disposed outside of the Highway Right-of-Way.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “REMOVE MISCELLANEOUS CONCRETE AND ASPHALT CONCRETE PAVEMENT” including furnishing all labor, materials, equipment, tools and incidentals shall be included in the contract unit bid prices listed below and no additional compensation will be allowed.

REMOVE CURB shall be measured and paid for by the LINEAR FOOT.

REMOVE CONCRETE ISLAND shall be measured and paid for by the SQUARE FOOT.

10.05 WATER POLLUTION CONTROL

A DESCRIPTION
Water pollution control work shall conform to the provisions in Section 13, "Water Pollution Control," of the State Standard Specifications and these Special Provisions.

This project shall conform to the requirements of General Construction Activity Storm Water Permit No. CAS000002, Order No. 99-08-DWG, and Caltrans Statewide Storm Water Permit No. CAS000003, Order No. 99-06-DWG, issued by the State Water Resources Control Board. These permits, hereafter referred to as the "Permit," regulates storm water discharges associated with construction activities.

Water pollution control work shall conform to the requirements in the Construction Contractor's Guide and Specifications of the Caltrans Storm Water Quality Handbooks, dated April 1997, and addenda thereto issued up to, and including, the date of advertisement of the project, hereafter referred to as the "Handbook." Copies of the Handbook and the Permit may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520.

As part of the permitting process, the CONTRACTOR shall administer a Water Pollution Control Plan (WPCP). Any additional work required for compliance with the requirements of the Storm Water Permit shall be performed by the CONTRACTOR and full compensation for conforming to these Special Provisions shall be considered as included in the various items of work involved and no additional compensation will be allowed therefore.

The CONTRACTOR shall prepare and submit a WPCP for review and approval to the City of Santa Cruz prior to being paid the first monthly progress payment. The WPCP shall be prepared by a Qualified SWPPP Practitioner. The CONTRACTOR shall not commence construction activity until the WPCP has been submitted and accepted by the City.

26.120
METRO Interim Operations Plan Specifications and Contract Documents 87 The CONTRACTOR is notified that the WPCP must be amended from time to time during construction to reflect actual construction practices.

The total price bid for completing and administering the WPCP shall include the cost of all documentation and administration for the entire contract period. The CONTRACTOR is totally responsible for the administration of the WPCP and WATER POLLUTION CONTROL work for the duration of this contract. Should the site be visited by inspectors from the Regional Water Quality Control Board, the CONTRACTOR shall pay all fines, if levied by the Board, and shall make all corrections to the site as deemed necessary by the Board and no additional compensation will be allowed.

The WPCP document shall not be construed to be a waiver of the CONTRACTOR’s obligation to review and understand the State General Construction Activity Storm Water Permit before submitting a bid. By submitting a bid, the CONTRACTOR acknowledges satisfaction as to the requirements of the State General Construction Activity Storm Water Permit.

B MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “WATER POLLUTION CONTROL” and performing all water pollution control work shall be considered as included in the contract LUMP SUM bid price for “WATER POLLUTION CONTROL PROGRAM (WPCP)” and no additional compensation will be allowed therefore.

10.06 BEST MANAGEMENT PRACTICE

A DESCRIPTION
The Contractor’s work shall conform to the requirements of the Construction Work - Best Management Practices (Chapter 4 of the Best Management Practices Manual for the City’s Storm Water Management Program) published in July, 2004 and Erosion and Sediment Control Field Manual published by California Regional Water Quality Control Board, August 2002 edition, and addenda thereto issued up to, and including, the date of advertisement of the project. Copies of the Best Management Practices may be obtained from the Public Works Department, 809 Center Street, Santa Cruz, California 95060.

B MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “BEST MANAGEMENT PRACTICE” including furnishing all labor, materials, equipment, tools and all incidentals shall be included in the contract prices paid for in the various items of work involved and no additional compensation will be allowed.

10.07 DUST CONTROL

A DESCRIPTION

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METRO Interim Operations Plan Specifications and Contract Documents 88 Dust Control shall conform to the requirements in Section 10-5, "Dust Control," of the State Standard Specifications and these Special Provisions.

During the progress of work, the CONTRACTOR shall keep the entire job site free of dust.

The CONTRACTOR shall remove spillage resulting from hauling operations along or across existing streets, roads, paths, or access routes immediately. All gutters shall be kept clear and free of obstructions. Any deviation from this practice must have the written approval from the Engineer.

The CONTRACTOR shall govern his operation and construction methods at all times so as to prevent any dust problems within the area of work, along haul routes or along adjacent properties, and shall provide water wagons, water, labor or any material or equipment required to provide adequate control of dust to the satisfaction of the City.

Dust problem is defined as any visible airborne particles within the project site, private property adjacent to the project site, and project haul routes that are a result of the CONTRACTOR’s activities.

When airborne particles are visible and the City orders a dust control application, such work shall be performed immediately, or as directed by the City. If the dust application is not performed when requested by the City, City forces will do the work and the costs will be deducted from the CONTRACTOR’s payment from any monies due to the CONTRACTOR.

Street sweepers with dust control systems will be allowed as an alternative for dust control on paved approaches to the project. Power brooms or other similar devices without dust control systems will not be allowed.

Any damage resulting from dust caused by the CONTRACTOR’s activities shall be the complete and sole responsibility of the CONTRACTOR.

Before final acceptance of the work the CONTRACTOR shall carefully clean up the work area and premises, remove all surplus construction materials and rubbish of all kinds from the grounds that he has occupied and leave all in a neat condition.

B MEASUREMENT AND PAYMENT
Full compensation for “DUST CONTROL” shall be considered as included in the contract prices paid for in the various items of work involved and no additional compensation will be allowed.

10.08 CONSTRUCTION SURVEYING BY THE CONTRACTOR

A DESCRIPTION

26.122
METRO Interim Operations Plan Specifications and Contract Documents 89 The Contractor shall perform all surveying and staking essential for the completion of the project in conformance with the plans and specifications, and shall perform all the necessary calculations required to accomplish the work.

The City will provide a Bench Mark and sufficient centerline points or references thereto, at the beginning of the project, to enable the establishment of the planned elevations and centerline by the Contractor.

B MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “CONSTRUCTION SURVEYING BY THE CONTRACTOR” include furnishing all necessary personnel, equipment, transportation, and supplies to accomplish the work and shall be considered as included in the contract LUMP SUM bid price for “CONSTRUCTION SURVEYING BY THE CONTRACTOR” and no additional compensation will be allowed therefore.

10.09 CLEARING AND GRUBBING

A DESCRIPTION
Clearing and grubbing shall conform to the requirements in Section 17-2, “Clearing and Grubbing,” of the State Standard Specifications and these Special Provisions.

Clearing and Grubbing shall be performed as required to construct the new improvements.

Clearing and grubbing shall consist of (but not limited to) removing and disposing of vegetation and deleterious materials such as trees, roots, brush, grass, weeds, rocks, and asphalt pavement and all other objectionable material necessary to construct the improvements, as shown on the Plans and as specified in these Contract Specifications.

Prior to starting clearing and grubbing operations, the Contractor shall inform the Engineer of the intended limits of his/her clearing and grubbing operations and shall obtain the Engineer's approval on such proposed limits. The Contractor shall not clear and grub any area not essential to their construction obligations. The Contractor will not be allowed to work beyond the limits of the public right of way except for cleanup work, unless authorized or directed by the Engineer. Right of way limits shall be discussed during the pre-construction meeting and at the regular scheduled construction meetings.

Not all areas requiring clearing are specifically noted on the Plans; however, clearing shall be sufficient to allow unobstructed access for all Contractor’s equipment and clear view of all street signs. Vegetation, debris and trash shall be cleared to a point one (1) foot behind the new edge of walkway and to achieve a vertical clearance of 14 feet-6 inches within the work limits. All existing vegetation, outside the areas to be cleared and grubbed, shall be protected from injury or damage resulting from the Contractor’s operations.

All trees shall be preserved unless otherwise designated on the plans or marked for removal. The CONTRACTOR shall endeavor to protect those trees located within the construction easement from damage during the construction of new improvements. At a minimum, trees will require the installation of tree protection fencing during construction.

26.123
METRO Interim Operations Plan Specifications and Contract Documents 90 Tree trimming will be required only where it is necessary to clear construction equipment unless otherwise shown on the plans. All tree roots must be cut neat.

If tree roots greater than 2 inches in diameter that interfere with construction are encountered, the City Forester shall be called prior to cutting. Where required or called out on the plans, stump grinding and/or cutting shall be done at a depth not to harm the remaining tree portions and shall be performed under the guidance of the City Forester, Leslie Keedy – (831) 420-5246.

Prior to clearing and grubbing the CONTRACTOR shall locate, disconnect, relocate, and/or cap any existing irrigation system which will interfere with the construction.

Contractor shall restore irrigation system after work is complete.

Any interference and/or damage to existing irrigation systems shall be repaired at the CONTRACTOR’S expense.

Miscellaneous items of work not specifically included in other contract bid items shall be considered as included in the lump sum price bid for “CLEARING AND GRUBBING.” Such items include, but are not limited to, minor demolitions, removals, relocations or abandonments as delineated on the plans or as directed by the Engineer in the field.

Burning will not be allowed.

All work performed must be approved by the City Forester, Leslie Keedy, (831) 420-5246.

B MEASUREMENT AND PAYMENT
Full compensation for “CLEARING AND GRUBBING” shall be considered as included in the contract prices paid for in the various items of work involved and no additional compensation will be allowed.

10.10 EARTHWORK

A GENERAL
Earthwork shall conform to the requirements in Section 19, "Earthwork," of the State Standard Specifications and these Special Provisions.

The requirement of the second paragraph of Section 19-5.03B, "Relative Compaction (95 percent)," of the State Standard Specifications, will be required only in the uppermost 6 inches of the subgrade.

In lieu of the tolerance specified in Section 19-1.03C, "Grade Tolerance," of the State Standard Specifications, the surface of the grading plane shall not be more than 0.05 foot above or 0.1 foot below the grade established by the Engineer.

26.124
METRO Interim Operations Plan Specifications and Contract Documents 91 Earthwork required for this project including all excavation of road base, all miscellaneous grading, and slopes shall be included in the contract unit bid price per square yard for “SUBGRADE PREPARATION” and no additional compensation will be allowed.

B SUBGRADE PREPARATION
Upon removal of the existing improvements and the existing asphalt, and prior to subgrade excavation, the Contractor is to pothole the existing utility lines and adjust scarification requirements of the subgrade, if necessary, to protect existing utilities.

The Contractor shall compact the subgrade in accordance with the plans and the Special Provisions. At the discretion of the Engineer, he/she shall determine and coordinate the locations and frequencies of independent compaction testing of subgrades prior to construction. The subgrade shall be prepared in conformance to Section 19-5 “Compaction” of the State Standard Specifications. The finished subgrade immediately prior to placing subsequent material thereon shall have a relative compaction of not less than ninety-five (95) percent for a depth of 6-inches below the top subgrade.

If unsuitable subgrade soils are discovered by the Engineer, they shall be removed and replace in accordance with the plans, Special Provisions, and as directed by the Engineer.

C STRUCTURE EXCAVATION & BACKFILL
Structure excavation and backfill shall conform to the requirements in Section 19-3, "Structure Excavation and Backfill," of the Standard Specifications, these Special Provisions and the “Pipe Trench Detail” of the City of Santa Cruz.

All references to culvert or pipe excavation and culvert or pipe backfill on the plans shall be deemed to mean structure excavation and structure backfill, respectively, in the Standard Specifications and these Special Provisions.

Structure Backfill which is outside of the paved portions of the roadway, unless otherwise specified on the plans, shall be native material selected for its resistance to erosion.

Compaction Requirements: Structure backfill shall be compacted to 95% relative compaction.

Ponding and jetting will not be permitted.

No measurement and payment will be made for structural excavation and backfill for storm drain pipes, culverts, and retaining walls in the roadway, but shall be included in the various bid items and no additional compensation will be allowed.

D MEASUREMENT AND PAYMENT
Full compensation for “EARTHWORK” shall be considered as included in the contract prices paid for in the various items of work involved and no additional compensation will be allowed.

26.125
METRO Interim Operations Plan Specifications and Contract Documents 92 10.11 AGGREGATE BASE

A DESCRIPTION
Aggregate base shall conform to the requirements in Section 26, "Aggregate Bases," of the State Standard Specifications and these Special Provisions.

Aggregate Base shall be Class 2.

The combined aggregate shall conform to the grading specified for the 3/4-inch maximum aggregate.

The Contractor shall provide a Certificate of Compliance for each material delivery in accordance with Section 6, “Control of Materials,” of the State Standard Specifications.

B MEASUREMENT AND PAYMENT
Full compensation for “AGGREGATE BASE” shall be considered as included in the contract prices paid for in the various items of work involved and no additional compensation will be allowed.

10.12 ASPHALT CONCRETE

A DESCRIPTION
Asphalt concrete for street and parking lot shall be Type A, and shall conform to the provisions in Section 39, “Asphalt Concrete,” of the State Standard Specifications, Section 12, “Construction of Streets” of the City Standard Specifications and these Special Provisions. Asphalt shall be conform to the requirements of Minor Hot Mix Asphalt.

Type A asphalt concrete for roadway surfacing and base repair shall be plant mixed surfacing
and shall be used with a maximum aggregate size of ¾ inch. The maximum aggregate size for
the asphalt concrete top course shall be ½ inch.

Placement of asphalt concrete shall conform to Section 39-1.02B, "Materials" and 39-

2.01C(2) "Spreading and Compacting Equipment", of the State Standard Specifications.

The subgrade shall be prepared in conformance with Section 12.04, "Preparation of Subgrade" of the City Standard Specifications.

The Contractor shall apply a tack coat to the vertical faces of the existing asphalt pavement and to the base material prior to placement of HMA.

Asphalt concrete surfacing shall be spread and compacted in one or more layers; each layer shall
not be more than 0.25 feet in compacted thickness.

Existing pavement to be resurfaced shall be prepared as detailed below:

26.126
METRO Interim Operations Plan Specifications and Contract Documents 93 a. The Contractor shall set out "No Parking" signs as required in the section “Notification of Construction” prior to the paving day in order to prevent parking of automobiles along the street. Vehicles remaining on the street the day of the paving work (when properly posted 72 hours in advance) shall towed by a legal operator arranged for by the contractor. b. The Contractor shall sweep the street thoroughly with a power broom to remove all dirt and debris.

The Contractor shall provide a Certificate of Compliance for each material delivery in accordance with Section 6, “Control of Materials,” of the State Standard Specifications.

All weight slips will be collected by the City inspector on the job and will be the basis for payment. Payment will be made in accordance with Section 9 of the City Standard Specifications. No payment will be made for asphalt concrete not placed due to inclement weather, due to breakdown of equipment, improper preparation or improper temperature of paving surfaces, and improper temperature or poor quality of asphalt concrete.

B MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “ASPHALT CONCRETE” including furnishing all labor, materials, equipment, tools and incidentals and doing all work involved with placing asphalt concrete and applying tack coat shall be included in the contract unit bid price per TON for “ASPHALT CONCRETE (TYPE A)” and no additional compensation will be allowed.

10.13 MISCELLANEOUS CONCRETE

A DESCRIPTION
Concrete curbs, gutters, curb ramps, sidewalks, retaining curbs, roadway and other miscellaneous concrete items shall conform to the requirements in Section 73, "Concrete Curbs and Sidewalks," of the State Standard Specifications, the Standard Drawings of the City of Santa Cruz and State of California Department of Transportation, and these Special Provisions.

B SIDEWALK, CURB AND GUTTER AND RETAINING CURB
This work consists of installing sidewalk, curb and gutter and retaining curb as detailed on the plans, the City Standard Details, and these Special Provisions.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “SIDEWALK, CURB AND GUTTER AND RETAINING CURB” including furnishing all labor, materials, equipment, tools and incidentals shall be included in the following bid item and no additional compensations will be allowed:

CALTRANS TYPE A3-6 CURB shall be measured and paid for per LINEAR FOOT.

PCC SIDEWALK shall be measured and paid for per SQUARE FOOT.

26.127
METRO Interim Operations Plan Specifications and Contract Documents 94 10.14 REINFORCEMENT

A GENERAL
Reinforcement shall conform to the requirements of Section 52, “Reinforcement” of the State Standard Specifications, the City Standard Details, and these Special Provisions.

B DESCRIPTION
This work involves all installations of steel bars and dowels for reinforcement of concrete improvements as shown on the plans, in the Standard Drawings of the City of Santa Cruz and State of California Department of Transportation and these Special Provisions.

C MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “REINFORCEMENT” including furnishing all labor, materials, equipment, tools and incidentals shall be considered as included in the contract prices paid for in the various items of work involved and no additional compensation will be allowed.

10.15 ROADWAY SIGNS AND POSTS

A GENERAL
Roadway signs shall conform to the requirements of Section 82, “Signs and Markers” of the State Standard Specifications and these Special Provisions.

All sign, sign post, and delineator installations shall conform to City of Santa Cruz Standard Detail and the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD).

B INSTALL NEW SIGNS
This work shall include the installation of new signs as shown on the plans. Location of signs shall be approved by the Engineer prior to installation.

Signs shall have diamond grade reflective sheeting and shall have anti-graffiti coating.

The Contractor shall submit a cut sheet of all signs to the Engineer for review and approval.

C INSTALL NEW CITY STANDARD POSTS
This work shall include the installation of new city standard posts as shown on the plans.

Location of posts shall be approved by the Engineer prior to installation.

Contractor shall core and provide a sleeve for all new city standard posts, as shown on the plans.

D MEASUREMENT AND PAYMENT

26.128
METRO Interim Operations Plan Specifications and Contract Documents 95 Full compensation for conforming to the requirements of “ROADSIDE SIGNS AND POSTS” including furnishing all labor, materials, equipment, tools and incidentals shall be included in the contract unit bid prices listed below and no additional compensation will be allowed.

REMOVE ROADSIDE SIGN AND POST shall be measured and paid for by EACH.

ROADSIDE SIGN AND POST shall be measured and paid for by EACH.

ROADSIDE MARKER (CLASS 1 / TYPE K) shall be measured and paid for by EACH.

10.16 MARKINGS AND COATINGS

A GENERAL
Markings and coatings shall conform to the requirements of Section 84, "Markings" and Section 78, “Incidental Construction” of the State Standard Specifications and these Special Provisions.

B REMOVAL – TRAFFIC STRIPES AND PAVEMENT MARKINGS

This work shall include the removal of existing traffic striping, pavement markings and raised pavement markers (RPM) as shown on the plans. Removal of traffic striping, pavement markings and RPMs shall conform to the requirements of Section 84-9 “Existing Markings” of the State Standard Specifications and these Special Provisions.

Contractor to prepare a Lead Compliance Plan for removal of existing yellow striping.

Traffic striping and pavement markings shall be ground from the existing pavement and removed as shown on the plans or as directed by the Engineer.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “REMOVAL – TRAFFIC STRIPES AND PAVEMENT MARKINGS” including furnishing all labor, materials, equipment, tools and incidentals shall be included in the contract unit bid prices listed below and no additional compensation will be allowed.

C THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS
This work shall include placing thermoplastic traffic stripes and pavement markings, including the preparing and priming existing pavement surface as shown on the plans.

Thermoplastic Traffic Stripes (traffic lines), Paint and Pavement Markings shall conform to the provisions in 84-2, “Traffic Stripes and Pavement Markings”, of the State Standard Specifications and these Special Provisions.

26.129
METRO Interim Operations Plan Specifications and Contract Documents 96 During striping operations, the CONTRACTOR shall use traffic control as specified in the section entitled “Maintaining Traffic” of these Special Provisions.

The State Specification No. for Glass beads in Section 84-2.02, "Materials", of the State Standard Specifications is amended to read "8010-21C-22 (Type II)". Thermoplastic Material shall conform to the requirements of State Specification No. 8010-21C-19.

The entire project shall use thermoplastic for traffic stripes and pavement markings.

Thermoplastic material shall be applied at a minimum thickness of 30 mil (0.030 inches) for longitudinal line and 125 mil (0.125 inches) for transverse line and legend.

The CONTRACTOR shall furnish and apply thermoplastic pavement striping and pavement markings as shown on the Plans or where directed by the Engineer. Placement of striping, markings, and markers shall conform to the requirements of the California Department of Transportation Traffic Manual.

The CONTRACTOR shall be responsible for the completeness and accuracy of all layout alignment and spotting. The Engineer shall review and approve the striping layout before the final striping occurs.

Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the stripe is thoroughly dry.

Raised Pavement Markers shall be per Section 81-3 “Pavement Markers” of the Standard Specifications and these Special Provisions.

Raised pavement markers shall be installed per the pavement delineation patterns of the current State Traffic Manual.

Epoxy shall conform to the provisions of Section 95, “Epoxy”, of the State Standard Specifications and these Special Provisions.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS” including furnishing all labor, materials, equipment, tools and incidentals shall be included in the contract unit bid prices listed below and no additional compensation will be allowed.
6" YELLOW THERMOPLASTIC TRAFFIC STRIPE shall be measured and paid for by the LINEAR FOOT.
6" WHITE THERMOPLASTIC TRAFFIC STRIPE shall be measured and paid for by the LINEAR FOOT.
8" WHITE THERMOPLASTIC TRAFFIC STRIPE shall be measured and paid for by the LINEAR FOOT.
12" WHITE THERMOPLASTIC TRAFFIC STRIPE shall be measured and paid for

26.130
METRO Interim Operations Plan Specifications and Contract Documents 97 by the LINEAR FOOT.

WHITE THERMOPLASTIC PAVEMENT MARKINGS shall be measured and paid for by the SQUARE FOOT.

D RED PAVEMENT MARKINGS
Red Pavement markings shall be red colored methyl methacrylate (MMA).

The MMA shall be a machine or hand applied, high friction, multi- purpose surface treatment suitable for application on asphalt or concrete pavements.

The installed red color shall be in accordance with the MUTCD Interim Approval 22 daytime chromaticity:
1 2 3 4
x y x y x y x Y

0.420 0.330 0.450 0.380 0.560 0.370 0.540 0.320

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “RED PAVEMENT MARKINGS” including furnishing all labor, materials, equipment, tools and incidentals and doing all work involved with placing red pavement markings shall be included in the contract unit bid price per SQUARE FOOT for “RED PAVEMENT MARKINGS” and no additional compensation will be allowed.

F PAINTED CURBS
Curbs shall be painted in accordance with the State Standard Specifications, the City Standard Details, and these Special Provisions.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “PAINTED CURBS” including furnishing all labor, materials, equipment, tools and incidentals shall be included in the contract unit bid prices listed below and no additional compensation will be allowed.

PAINT CURB RED shall be measured and paid for by the LINEAR FOOT.

PAINT CURB BLUE shall be measured and paid for by the LINEAR FOOT.

PAINT CURB YELLOW shall be measured and paid for by the LINEAR FOOT.

10.17 BARRIERS AND RAILINGS

A DESCRIPTION
Concrete barriers and other miscellaneous concrete items shall conform to the requirements

26.131
METRO Interim Operations Plan Specifications and Contract Documents 98 in Section 12, "Temporary Traffic Control," of the State Standard Specifications, the Standard Drawings of the State of California Department of Transportation, and these Special Provisions.

B CONCRETE BARRIERS
Concrete Barriers shall be Type K Temporary Railing in accordance with Section 12, "Temporary Traffic Control," of the State Standard Specifications.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “BARRIERS AND RAILINGS” including furnishing all labor, materials, equipment, tools and incidentals shall be included in the contract unit bid price per LINEAR FOOT for “Temporary Railing (Type K)”, and no additional compensation will be allowed.

10.18 DRAINAGE IMPROVEMENTS

A DESCRIPTION
Install drainage improvements with State Standard Specifications, the Standard Drawings of the State of California Department of Transportation, and these Special Provisions.

B TRENCH DRAINS
Trench drains shall have a polymer concrete base and a ductile iron grate. Grate must be slotted and heel-proof. Submit product data for
Anchor to adjacent improvements per manufacturer recommendations.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of “DRAINAGE IMPROVEMENTS” including furnishing all labor, materials, equipment, tools and incidentals shall be included in the contract unit bid price per LINEAR FOOT for “TRENCH DRAIN”, and no additional compensation will be allowed.

26.132
METRO Interim Operations Plan Specifications and Contract Documents 99 26.133
Transportation and Public Works Commission
Regular Meeting
Draft Minutes
6:00 p.m., Monday, September 18, 2023
Council Chambers
Transportation and Public Works Commission (TPWC)
Call to Order: 6:00 P.M.

Roll Call: Chair Ron Goodman, Vice-Chair Ryan Meckel; Commissioners: Candace Brown, Robert Orrizzi, Zennon Ulyate-Crow, and Susan Gilchrist.

Absent with Notification: Commissioner Kyle Kelley.

Statements of Disqualification: Commissioner Gilchrist recused herself from Item 1.

Oral Communications:

At 6:01 P.M., Chair Goodman opened oral communications There were no speakers and at 6:01 P.M., Chair Goodman closed oral communications.

Announcements:

Director of Public Works Nathan Nguyen gave an update on staff changes, ongoing and upcoming Public Works projects, and the projects to be highlighted at the October 16th Open House.

Commissioner Brown announced a fundraiser for Nick Corcoran.

Presentations: None.

Approval of Minutes:

1. Approval of Minutes for the August 21, 2023 Transportation and Public Works Commission Meeting.

Item 1 was heard at 6:04 P.M.

Motion: Vice-Chair Meckel moved, seconded by Commissioner Brown, to approve the minutes of the August 21, 2023, Transportation and Public Works Commission meeting.

Action: The motion carried with the following vote:

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AYES: Chair Goodman, Vice-Chair Meckel, Commissioners: Brown, Orizzi, and Ulyate-Crow.

NOES: None.

ABSENT: Commissioner Kelley.

DISQUALIFIED: Commissioner Gilchrest.

Consent: None.

General Business:

2. METRO Interim Downtown Transit Center Plan
Item 2 was heard at 6:05 P.M.

At 6:50 P.M., Chair Goodman opened public comment and the following person spoke:

Jonathan Goren
At 6:53 P.M., Chair Goodman closed public comment.

MOTION: Commissioner Ulyate-Crow moved, Seconded by Vice-Chair Meckel, that the Transportation and Public Works Commission reject the METRO Interim Downtown Transit Center Plan (Plans) and recommend to Council to approve with the following changes:

• Explore contraflow bike lane options on the River Street South section of the Plans.
• Improve levee access within the mid-block access point across from the Pedestrian Bridge on River St South.
• Removal of parking spaces on River Street south in favor of additional and safer bus facilities.
• Removal of Parking Spaces on Front Street in favor of separate facilities for bicycles and bus/car use.
• Maintain accessible parking spaces.

And the stipulation that the plans be brought back to the Commission once operations have commenced to address any operational issues.

ACTION: The Motion carried with the following vote:

AYES: Chair Goodman, Vice-Chair Meckel, Commissioners: Brown, Orrizi, Ulyate-Crow.

NOES: Commissioner Gilchrest.

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ABSENT: Commissioner Kelley.

DISQUALIFIED: None.

MOTION: Commissioner Brown moved, seconded by Commissioner Gilchrest that the Transportation and Public Works Commission recommend that Council direct the Downtown Commission review downtown parking structure rates to accommodate the loss of 43 parking spaces during the Interim operations.

ACTION: The motion carried with the following vote:

AYES: Chair Goodman, Vice-Chair Meckel, Commissioners: Brown, Orrizzi, Kelley, Ulyate-Crow, and Gilchrest.

NOES: None.

ABSENT: Commissioner Kelley.

DISQUALIFIED: None.

Information Items: None.

Subcommittee/Advisory Body Oral Reports: None.

Items Initiated by Members for Future Agendas: None.

Adjournment 8:12 P.M.

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City of Santa Cruz

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Clear Form
2024
09/28/2023
Allocation of METRO funding of $500,000 to the Pacific Station North project for the METRO Interim Operations Plan 311-51-80-9990-46342 c512201-435-5025-0 Pacific Station North 500,000 500,000
311-51-80-9990-57390 c512201-100-2020-0 Pacific Station North 500,000 500,000
0 Tiffany
Lake
Digitally signed
by Tiffany Lake
Date: 2023.09.28
15:15:29 -07'00'
Bonnie
Lipscomb
Digitally signed by Bonnie Lipscomb
DN: cn=Bonnie Lipscomb, o, ou,
[email protected],
c=US
Date: 2023.10.10 09:17:59 -07'00'
Edward
Torres
Digitally signed by Edward Torres
DN: cn=Edward Torres, o=City of Santa Cruz, ou,
[email protected], c=US
Date: 2023.10.05 14:12:04 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.10.05 14:17:34 -07'00'

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Santa Cruz City Council
October 24, 2023
Economic Development and Housing Department
METRO Interim Operations Plan

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Pacific Station North
METRO Interim Operations Plan
Relocation of existing METRO transit center
necessary for the Pacific Station North project to proceed

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METRO Interim Operations Area
Existing METRO Center

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Pacific Station North

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Pacific Station North
A large-scale, transit-oriented redevelopment project
with affordable housing located between Pacific Avenue and Front Street in downtown Santa Cruz
Multiple Funding Sources
City of Santa Cruz Successor Agency
City of Santa Cruz HOME funds
City of Santa Cruz Affordable Housing Trust Fund
Affordable Housing & Sustainable Communities
Infill Infrastructure Grant
METRO
State Tax Credits
Congressional Set-Aside
Collaborative Partners
City of Santa Cruz
For The Future Housing
Eden Housing
Santa Cruz Metropolitan Transit District
(METRO)

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Pacific Station North
Housing
128 units of affordable housing with a mix of studio, 1-BR, 2-BR, and 3-BR apartments for individuals and families.
 32 extremely-low income units (21 units for homeless or at-risk of homeless and 11 units for Housing Authority’s Family Unification Program).
 63 very-low income units.
 31 Section 8 project-based units.
 2 manager units

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Pacific Station North
A New METRO Transit Center

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Pacific Station North
METRO Interim Operation Plan
A temporary (2 years +/-) relocation of the existing
METRO center vital to meet funding requirements
associated with the start date for the Pacific Station
North project.

Demolition of existing METRO transit center
projected for early February 2024.

Approval of the Interim Operations Plan will allow
temporary METRO operations to be in place on or
before February 1, 2024.

Traffic patterns to be restored to pre-Plan conditions
upon completion of the new Pacific Station North
METRO transit center.

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METRO Interim Operations Plan
Key Elements:
 Clockwise transit circulation around the area bounded by Soquel Avenue, Front Street, River Street and River Street South.
 Conversion of River St. South to one-way southbound with a contraflow bicycle lane for bicycle access.
 Temporary revised transit circulation patterns.
 Associated pavement restriping.
 Front St. shared bus/bicycle lane to facilitate bus movements, bus layover, bus station service, and bicycle movements.
 METRO ticket sales/call center at 603-605 Front St.

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METRO Interim Operations Plan - Motion to:

2. Direct Staff to Review Impacts of Plan on Parking Revenue With Downtown Commission.

3. Direct Staff to Return to Transportation and Public Works Commission with Plan Update Following Implementation.

4. Authorize City Manager to Enter Into a Lease Agreement With METRO for Ticket Sales/Call Center.

5. Adopt Resolution Amending FY 2024 Budget Allocating METRO Funds to the Pacific Station North Project for the Plan.

6. Authorize City Manager to Enter Into an MOU With METRO and FTFH/Eden Defining Roles and Financing Commitments for the Plan.

1. Adopt Resolution Approving Plans and Specifications with Design Immunity.

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METRO Interim Operations Plan - Motion to:

1. Adopt Resolution Approving Plans and Specifications
 Provides design immunity for public entities and public employees.  City PW staff has worked closely with consultant Kimley-Horn in formulating, reviewing, and approving the scope and elements of the Plan.
 The City Traffic Engineer has reviewed and approved the Plan as consistent with the City’s standards and applicable state laws.
 The City Traffic Engineer will install traffic control devices and post appropriate signage and markings to indicate no stopping zones, no parking areas, and restricted parking areas related to the Plan.
 Authorizes removal of unlawfully parked vehicles during Plan’s implementation.

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METRO Interim Operations Plan - Motion to:

1. Adopt Resolution Approving Plans and Specifications
Staff Recommendation:
 Adopt the attached resolution to approve the Plan. Becomes effective immediately upon adoption.

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METRO Interim Operations Plan - Motion to:

2. Direct Staff to Review Impacts of Plan on Parking Revenue With Downtown Commission
 To install the shared bus/bicycle lanes on Front Street and River Street a reduction of onstreet parking spaces will be necessary.  Impacts on parking revenue over the two-year Interim Operations Plan period should be analyzed and any budget impacts determined.

Staff Recommendation:
 Direct Staff to Review Impacts of Plan on Parking Revenue With Downtown Commission.

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METRO Interim Operations Plan - Motion to:

3. Direct Staff to Return to Transportation and Public Works Commission with Plan Update Following Implementation
 TPWC motion carried on Sept. 18, 2023 rejected the Plan, but recommended City Council approve the Plan with following changes:
 Add contraflow bicycle lane on River St. South.
 Improve River St. South mid-levee access at pedestrian bridge.  Remove on-street parking on Front St. and River St. South for bicycle and bus/car use.
 Maintain accessible parking spaces.
 Motion also directed the Plan be returned to the TPWC to evaluate operational details once commenced.

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METRO Interim Operations Plan - Motion to:

3. Direct Staff to Return to TPWC with Plan Update Following Implementation  Second TPWC motion carried on Sept. 18, 2023 recommended that City Council direct the TPWC to review downtown garage parking rates to accommodate the loss of parking spaces during the Plan.
 Staff will review the data and report any pertinent findings to the Downtown Commission, which oversees the Downtown Parking District.
 Plan was also presented to Downtown Commission on Sept. 28, 2023. No action taken, but DTC requested adequate outreach be performed, security be provided in the Plan area, and impacts to the Downtown Parking District be evaluated.

Staff Recommendation:
 Direct Staff to Return to TPWC with Plan Update Following Implementation.

26.153
METRO Interim Operations Plan - Motion to:

4. Authorize City Manager to Enter Into a Lease Agreement With METRO for Ticket Sales/Call Center
 Ticket sales/customer call center to be located at 603-605 Front St. in city-owned Front St.

Garage.
 Lease under negotiation; tenant improvements by METRO; market rate rents will apply per city policy.
 Lease duration to be 2 years with option to extend until new METRO center ready for occupancy.

Staff Recommendation:
 Authorize City Manager to Enter Into a Lease Agreement With METRO for Ticket Sales/Call Center.

26.154
METRO Interim Operations Plan - Motion to:

5. Adopt a Resolution Amending FY 2024 Budget Allocating METRO Funds to the Pacific Station North Project for the Plan
 Current cost estimate to design and construct the Plan is $500,000.  Additional costs as yet undefined will exceed $500,000.  METRO to fund additional costs as they are identified.

Staff Recommendation:
 Adopt a Resolution Amending FY 2024 Budget Allocating METRO Funds to the Pacific Station North Project for the Plan.

26.155
METRO Interim Operations Plan - Motion to:

6. Authorize City Manager to Enter Into an MOU With METRO and FTFH/Eden Defining Roles and Financing Commitments for the Plan
 For the Future Housing/Eden is under previous MOU with city and METRO to develop Pacific Station North.
 FTFH/Eden will construct the Plan as part of the Pacific Station North project.  Secondary MOU required between city FTFH/Eden, and METRO defining roles and financial commitments for the Plan.

Staff Recommendation:
 Authorize City Manager to Enter Into an MOU With METRO and FTFH/Eden Defining Roles and Financing Commitments for the Plan.

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METRO Interim Operations Plan - City Review and Outreach  Aug. 23, 2023 – SCFD Fire Marshall and Operations Chief reviewed; no comments/concerns.  Aug. 23, 2023 – Plan provided to Downtown Association for review; no comments received to date.
 Sept. 4, 2023 – SCPD Traffic Specialist reviewed; no comments/concerns.  Sept. 18, 2023 – Transportation and Public Works Commission reviewed; comments received.

PW staff posted flyers about the Plan along the impacted streets in advance of TPWC meeting.  Sept. 28, 2023 – Downtown Commission reviewed; comments received.  Sept. 29, 2023 – Plan provided to Visit Santa Cruz for review; no comments to date.  Economic Development and Housing Staff will continue targeted outreach to downtown businesses adjacent to the Plan area and will work directly with the DTA to provide additional outreach opportunities.

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METRO Interim Operations Plan - Outreach by METRO
 Maps, posters, wayfinding information, and flyers.
 Posted notices at Pacific Station and all affected bus stops.  METRO’s Headways publication.
 Email alerts and social media posts.
 Plan website page.
 Distribution to City and County email lists and social media channels.  All material available in English and Spanish per METRO’s Limited English Proficiency policy.
 Outreach events planned this fall as part of two concurrent planning efforts - Reimagine METRO and the Rapid Corridors Project - to inform the public of the upcoming changes to downtown operations.

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Santa Cruz City CouncilOctober 24, 2023

Santa Cruz City Council
October 24, 2023