Agenda packet — Santa Cruz City Council, December 12, 2023 (part 1 of 8)

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

CITY COUNCIL AGENDA
Regular Meeting - December 12, 2023
10:30 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:45 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS, PUBLIC

HEARINGS, AND GENERAL BUSINESS, ZOOM/COUNCIL CHAMBERS
The meeting may be viewed remotely, using any of the following sources:
 Click on Zoom link (no time delay): https://zoom.us/j/94684401344  Online at http://www.cityofsantacruz.com/government/city-council/council-meetings  Online at Watch – Community Television of Santa Cruz County  Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one.  1-833-548-0276 (Toll Free)
 1-833-548-0282 (Toll Free)
 1-877-853-5247 (Toll Free)
 1-669-900-9128
 Enter the meeting ID number: 946 8440 1344
 When prompted for a Participant ID, press #.
 Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.  It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself. The timer will then be set.

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, December 11th
PLEASE NOTE:
 Council may take a break(s) as needed.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, December 10th by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
December 12, 2023 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.

Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.

Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 9, Santa Cruz, California, during normal business hours.

Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.

Need more information? Contact the City Clerk’s office at 831-420-5030. 10:30 AM
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Jenai Marie Herod
2) Claimant: Elaine Vierra
Claims against the City of Santa Cruz
December 12, 2023 City Council 3
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) 1) Property: 113 Lincoln Street
APN: 005-141-11
Owner: Christophe Bellito
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Christophe Bellito Under Negotiation: Price, terms of payment, or both
2) Property: 119-123 Locust Street
APN: 005-043-02
Owner: David Posner
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and David Posner Under Negotiation: Price, terms of payment, or both
3) Property: 1016 Cedar Street
APN: 005-042-36
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ryan Stirm
Under Negotiation: Price, terms of payment, or both
4) Property: 302 and 326 Front Street
APNs: 005-151-48 and 005-151-35
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and SCFS Venture LLC.

Under Negotiation: Price, terms of payment, or both
5) Property: No site address, Ben Lomond
APN: 072-174-02
Owner: Helena Chen
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Helena Chen Under Negotiation: Price, terms of payment, or both
6) Property: 321 Brackney Road, Ben Lomond
APN: 072-231-12
Owner: Julie K. Daniels
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Julie K. Daniels Under Negotiation: Price, terms of payment, or both
December 12, 2023 City Council 4
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 7) Property: No Site Address, Ben Lomond
APN: 072-152-07
Owner: Hai and Nga Nau
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Hai and Nga Nau Under Negotiation: Price, terms of payment, or both
8) Property: 7000 Rose Acres Lane, Felton
APN: 071-081-03
Owner: Ronald J. Ballauf c/o Elaine Rebecchi
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Ronald J. Ballauf c/o Elaine Rebecchi
Under Negotiation: Price, terms of payment, or both
9) Property: 234 Caledonium Avenue, Ben Lomond
APN: 072-145-28
Owner: Katrin Craig
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Katrin Craig Under Negotiation: Price, terms of payment, or both
10) Property: 200 Caledonium Avenue, Ben Lomond
APN: 072-145-33
Owner: Brian K. and Leslee A. Warwick
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Brian K. and Leslee A.

Warwick
Under Negotiation: Price, terms of payment, or both
11) Property: No Site Address, Ben Lomond
APN: 072-174-04
Owner: Milburn D. and Cheryl Lynne Schaaf
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Milburn D. and Cheryl Lynne Schaaf
Under Negotiation: Price, terms of payment, or both
December 12, 2023 City Council 5
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 12) Property: 7900 Fremont Avenue, Ben Lomond
APN: 072-174-06
Owner: Susan C. Rines
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Susan C. Rines Under Negotiation: Price, terms of payment, or both
13) Property: No Site Address, Ben Lomond
APN: 072-181-17
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
14) Property: No Site Address, Ben Lomond
APN: 072-181-25
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
15) Property: No Site Address, Ben Lomond
APN: 072-181-26
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
16) Property: No Site Address, Ben Lomond
APN: 072-182-03
Owner: Cheryl Mercurio
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Cheryl Mercurio Under Negotiation: Price, terms of payment, or both
17) Property: 345 Brackney Road, Ben Lomond
APN: 072-212-36
Owner: Robert C. and Judith A. Gremminger
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Robert C. and Judith A.

Gremminger
Under Negotiation: Price, terms of payment, or both
December 12, 2023 City Council 6
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 18) Property: 370 Brackney Road, Ben Lomond
APN: 072-221-18
Owner: Patrick J. Randolph
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Patrick J. Randolph Under Negotiation: Price, terms of payment, or both
19) Property: 5865 Graham Hill Road
APN: 066-211-10
Owner: Wood VMS Family Limited Partnership
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Wood VMS Family Limited Partnership
Under Negotiation: Price, terms of payment, or both

3. Conference With Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (two potential cases to be discussed)

4. Public Employee Performance Evaluation/Conference with Labor Negotiators (Government Code §54957, §54957.6)
Unrepresented employee: City Manager
Agency designated representative: City Attorney
December 12, 2023 City Council 7
City Council
12:45 PM
Call to Order
Roll Call
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Oral Communications
Presentation

5. Mayoral Proclamation Declaring December 12, 2023, as Autumn Hays Day
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

6. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.

December 12, 2023 City Council 8
Consent Agenda

7. Minutes of the November 28, 2023 City Council Meeting (CC) Motion to approve as submitted.

8. Council Subcommittee to Explore the Feasibility of Community Workforce or Project Labor Agreements for City Capital Investment Projects (CN)
Motion to:
1) Direct staff to issue a Request for Proposals to work with a Council subcommittee to conduct a feasibility assessment of the potential options and considerations related to the City entering into a Community Workforce or Project Labor Agreement with the MontereySanta Cruz Counties Building and Construction Trades Council; and 2) Appoint an ad hoc Council subcommittee comprised of Mayor Keeley, and Councilmembers Watkins and Newsome on the planned evaluation of Community Workforce or Project Labor Agreements.

9. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Jenai Marie Herod, and 2) Elaine Vierra, based on staff recommendation.

10. FY 2023 Traffic Impact Fee Annual Report (FN/PW)
Motion to accept and approve the attached FY 2023 Traffic Impact Fee Annual Report.

11. FY 2023 Parking In-Lieu Impact Fee Annual Report (FN/PW) Motion to accept and approve the attached FY 2023 Parking In-Lieu Impact Fee Annual Report.

December 12, 2023 City Council 9
Consent Agenda (continued)

12. Award Contract for an Environmental Impact Report (EIR) for the 908 Ocean Street Mixed Use Project, which Occupies the Majority of the Block Bounded by Ocean Stret, Water Street, May Avenue, and Hubbard Street (PL)
Motion to:
1) Award a contract to Kimley-Horn (Capitola, CA) for an Environmental Impact Report (EIR) in the amount of $209,086 and reject all other proposals, and
2) Authorize the City Manager to execute an agreement in a form approved by the City Attorney with Kimley-Horn for an EIR for 908 Ocean Street.

13. Award Contract for Active Transportation Program (ATP) Cycle 6 Noninfrastructure Education and Encouragement Programming (PW) Motion to award a contract for the purchase of Non-infrastructure Education and Encouragement Programming from Ecology Action (Santa Cruz, CA) in the amount of $992,000. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved project budget.

14. Santa Cruz County Regional Transportation Commission Consolidated Call for Project Grant Submittals (PW)
Motion to authorize the City Manager to apply for, accept, and appropriate funds from the 2023 Consolidated Regional Transportation Grant program for Bethany Culvert Emergency Repairs, Bay Corridor Design Funds, Bay Paving between Mission Street and east of Lennox Street, and Escalona Complete Streets.

15. Award Contract for FY 2024—2028 Traffic Striping Installation and Maintenance (PW)
Motion to award a contract to Chrisp Company for traffic striping installation and maintenance. The City Manager is hereby authorized and directed to execute an agreement in a form to be approved by the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved project budget.

December 12, 2023 City Council 10
Consent Agenda (continued)

16. Contract Amendment 2024-1.1 with HDR Inc. for Capital Program Management Services (WT)
Motion authorizing the City Manager to execute Contract Amendment 2024-1.1 in the amount of $1,128,563 with HDR, Inc. in a form to be approved by the City Attorney.

17. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-03, 072-145-28, 072-145-33, 072-174-04, 072-174-06, 072-181-17, 072-181-25 & 26, 072-182-03, 072-212-36, and 072-221-18, Owned by Rebecchi & Ballauf Trust, Craig, Warwick, Schaaf, Rines Trust, McDonald, McDonald, Mercurio Trust, Gremminger Trust, and Peeler-Randolph Trust, Respectively (WT) (continued)
Motion: (continued)
4) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Milburn Schaaf and Cheryl Schaaf for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-174-04 for the Brackney Landslide Area Pipeline Risk Reduction Project; 5) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Susan C. Rines Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-174-06 for the Brackney Landslide Area Pipeline Risk Reduction Project;
6) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Jamie K. McDonald for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-181-17 for the Brackney Landslide Area Pipeline Risk Reduction Project;
7) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Jamie K. McDonald for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-181-25 & 072-181-26 for the Brackney Landslide Area Pipeline Risk Reduction Project; 8) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Cheryl Mercurio Living Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-182-03 for the Brackney Landslide Area Pipeline Risk Reduction Project;
December 12, 2023 City Council 12
Consent Agenda (continued)

End Consent Agenda
Consent Public Hearings

18. 2nd Reading and Final Adoption of Ordinance No. 2023-13 Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers (CN)
Adopt Ordinance No. 2023-13 adding Chapter 5.11 to the Santa Cruz Municipal Code to require delivery companies to offer a tipping option to residential delivery customers.

December 12, 2023 City Council 13
Consent Public Hearings (continued)

19. Amending the City’s Plumbing Code to include Appendix M, the Peak Water Demand Calculator Approach to Sizing Building Plumbing Systems and Fixtures (CN)
Motion to:
1) Introduce for publication an ordinance amending Title 18 of the Santa Cruz Municipal Code, adopting California Code of Regulations Title 24 Appendix M of the California Building Standards Codes, and 2) Direct Water Department staff to identify and resolve equity issues created by use of the meter sizing approach included in Appendix M prior to implementing the Appendix M meter sizing provisions and bring to the Council for review and action any necessary changes in Water and Wastewater System Development Charges and Water Rate fixed costs following the anticipated 2025 and 2027 updates to System Development Charges and Water Rates, respectively, to ensure that similarly situated customers are treated equitable regardless of the approach used to size the meters for their water service.

20. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for Approval of the California Municipal Finance Authority for Issuance of TaxExempt Bonds for the Benefit of the Pacific Station North Affordable Housing Transit-oriented Development, Exempt Surplus Land Declaration, Approval of State IIG Funded Loan and for the Project, and Approval of a FY 2023 Federal Budget Appropriation Loan to the Project (ED)
Motion to:
1) Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”); 2) Adopt a resolution to approve the issuance of Tax-Exempt Revenue Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of 902 Pacific Avenue Investors, L.P., a California limited partnership, or another entity to be established by Eden Housing, Inc. and For the Future Housing, Inc. or an affiliate thereof (collectively, the “Borrower”), in an amount not to exceed seventy-five million dollars ($75,000,000) to provide financing for Pacific Station North (the “Project”), such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500;
December 12, 2023 City Council 14
Consent Public Hearings

20. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for Approval of the California Municipal Finance Authority for Issuance of TaxExempt Bonds for the Benefit of the Pacific Station North Affordable Housing Transit-oriented Development, Exempt Surplus Land Declaration, Approval of State IIG Funded Loan and for the Project, and Approval of a FY 2023 Federal Budget Appropriation Loan to the Project (ED) (continued)
Motion: (continued)
3) Adopt a resolution to approve the declaration of the land to be conveyed by the City to METRO as “exempt surplus” for the purpose of developing and operating the Project;
4) Authorize City Manager or Finance Director to approve a Project loan for up to $10 million in State IIG funding already awarded to Pacific Station and the Project and to execute loan documents including agreements, amendments, and related documents in a form to be approved by City Attorney, on behalf of the City; and 5) Authorize City Manager or Finance Director to approve a Project loan for up to $2 million from the FY 2023 federal budget appropriation for the Project.

21. 2nd Reading and Final Adoption of Ordinance No. 2023-14 Municipal Code Amendments Relating to Flexible Density Units (FDUs) Responding to Modifications Requested by the California Coastal Commission (PL) Adopt Ordinance No. 2023-14 amending Part 16 of Chapter 24.12 of the Municipal Code related to Flexible Density Units in response to action by the California Coastal Commission.

December 12, 2023 City Council 15
Public Hearings

22. General Plan 2030 6th Cycle Housing Element Update and Update to the Safety Element of the 2030 General Plan. Location: Citywide.

Applicant: City of Santa Cruz. Environmental Review: Exempt per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and Reuse of the 2030 General Plan Environmental Impact Report (EIR). (PL)
Resolution rescinding Resolution No. NS-29,076 and adopting a General Plan Amendment to repeal the 5th Cycle 2015—2023 Housing Element and adopting the 2023—2031 6th Cycle Housing Element of the General Plan and associated updates to the Safety Element of the General Plan and finding that the proposed changes are exempt from CEQA under Section 15061(b)(3) and finding that the changes are covered under CEQA through a reuse of the 2030 General Plan EIR.

23. Resolution of Necessity for Brackney Landslide Area Pipeline Risk Reduction Project: East Side of Fremont Avenue, South of Oak Avenue, Ben Lomond, CA 95005, APN 072-174-02, Owned by Helena H. Chen, Single Tenancy (WT/CA)
Resolution, following a hearing providing the owner(s) of the subject property an opportunity to speak, finding that public interest and necessity require the acquisition of interests in certain real property on Assessor’s Parcel Number 072-174-02, located in the unincorporated area of Santa Cruz County, and authorizing the City Attorney to proceed with eminent domain proceedings to acquire the real property.

24. Resolution of Necessity for Brackney Landslide Area Pipeline Risk Reduction Project: 321 Brackney Road, Ben Lomond, CA 95005, APN 072-231-12, owned by Julie K. Daniels (WT/CA)
Resolution, following a hearing providing the owner(s) of the subject property an opportunity to speak, finding that public interest and necessity require the acquisition of interests in certain real property on Assessor’s Parcel Number 072-231-12, located in the unincorporated area of Santa Cruz County, and authorizing the City Attorney to proceed with eminent domain proceedings to acquire the real property.

December 12, 2023 City Council 16
General Business

25. Collective of Results Evidence-Based (CORE) Update (CM) Motion to:
1) Accept Santa Cruz County’s Human Services Department (HSD) CORE Annual Report for Fiscal Year (FY) 2022—23 and report back on community engagement;
2) Provide direction on HSD recommendations for prioritization for the next CORE RFP funding cycle; and
3) Direct City staff to coordinate with the HSD to return on or before April 30, 2024 with recommendations for the draft of the next cycle of the CORE Investments request for proposals (RFP).

26. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (ALPRs) (PD)
Motion to:
1) Approve the attached FY 2024 State Homeland Security Program Grant proposal letter and direct staff to send the letter to the Santa Cruz County Office of Response, Recovery, and Resilience, Authorized Body of Five no later than December 31, 2023;
2) Approve the installation of automated license plate readers within Santa Cruz city limits, purchased with funds received through the FY 2024 State Homeland Security Program Grant; and
3) Review the Santa Cruz Police Department’s Automated License Plate Readers (ALPRs) Policy and provide comment.

Presentation

27. Comments from Re-elected Vice Mayor, Renee Golder
Adjournment
December 12, 2023 City Council 17

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – DECEMBER 12, 2023

28. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of October 31, 2023 - 11/21/23 (FNFYI 376)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – DECEMBER 12, 2023

29. Proclaiming December 2, 2023 as “Tom Ralston Day” and encouraging all citizens to join in congratulating him on his successful endeavors and expressing heartfelt appreciation for his contributions to the community and those in need.

30. 2. Proclaiming Tuesday, December 12, 2023 as “O’Neill Cold Water Classic Day” and encouraging all citizens to join in expressing gratitude for its contribution to the surfing culture, the promotion of local talent, and the spirit of sportsmanship and to participate in the festivities and support this prestigious surfing event each year.

31. Proclaiming December 12, 2023 as “Autumn Hays Day” and encouraging all citizens to join in congratulating her for making a name for herself in the surfing world and for her victory in the O’Neill Cold Water Classic.

December 12, 2023 City Council 18
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.

County Latino Affairs Commission One opening – at-large nomination Historic Preservation Commission One opening – at-large nomination Sister Cities Committee Three openings – at-large nominations Water Commission One opening – to be appointed by Vice
Mayor Golder
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.

Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
December 25
January 1
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public January 15
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public February 19
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public April 22/23
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public May 27
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public May 29 Council Chambers Budget Hearing
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public June 19
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public July 4
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public September 2
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 2/3
City Council Meeting Calendar for 2024
June 25
September 10
September 24
February 13
City Hall Closure - Presidents' Day
February 27
City Hall Closure - Juneteenth
Please note: Meeting times are not final and are likely to change City Hall Closure - New Year’s Day
January 9
City Hall Closure - Martin Luther King Jr. Day
January 23
City Hall Closure - Christmas Day
Passover (City observed - sundown to sundown)
August 13
March 12
March 26
May 14
April 9
April 30
June 11
May 28
City Hall Closure - Labor Day
August 27
July 9 and 23 Meetings Cancelled - CITY COUNCIL DARK
City Hall Closure - Independence Day
City Hall Closure - Memorial Day
Rosh Hashanah (City observed - sundown to sundown)

6.1 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
City Council Meeting Calendar for 2024
Please note: Meeting times are not final and are likely to change Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 11/12
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 11
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 28
November 29
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public December 25/26
December 25
November 26
December 10
City Hall Closure - Thanksgiving Day
City Hall Closure - Day After Thanksgiving Day
December 24 Meeting Cancelled - CITY COUNCIL DARK
City Hall Closure - Christmas Day
November 12
October 8
October 22
City Hall Closure - Veteran's Day (observed)
Hanukkah (City observed - sundown to sundown)
Yom Kippur (City observed - sundown to sundown)

6.2 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
November 28, 2023
10:30 AM
Mayor Keeley opened the City Council Closed Session at 10:32 a.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, Kalantari-Johnson (via Zoom); Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Economic Development and Housing B.

Lipscomb, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Public Comment
City Attorney T. Condotti announced that Councilmember Kalantari-Johnson’s virtual participation in the meeting is pursuant to recent amendments to the Brown Act that provide a limited opportunity for Councilmembers to participate remotely without the need to comply with the agenda posting notice requirements of the old Brown Act statutes. A Councilmember may be remote up to two times per year, based on enumerated circumstances, one being a contagious illness of a family member or self.

Mayor Keeley opened the public comment period at 10:35 a.m. There were no speakers. Mayor Keeley closed the public comment period at 10:35 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

7.1 November 28, 2023 CITY COUNCIL MINUTES 6630
Closed Session

1. Real Property Negotiations (Government Code §54956.8) Property: 140 Front Street
APN: 005-053-27
Owner: Seaside Company
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz, Seaside Company, and Golden State Warriors
Under Negotiation: Price, terms of payment, or both
Council received a status report from and gave direction to the City Negotiator, and no reportable action was taken.

2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) Claimant: Lorraine H. Coppolino
Claim against the City of Santa Cruz
Council received a status report, took up under agenda item 13, and no reportable action was taken.

3. Conference With Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) Council received a status report and no reportable action was taken.

4. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) Council received a status report and no reportable action was taken.

7.2 November 28, 2023 CITY COUNCIL MINUTES 6631
Closed Session (continued)

5. Public Employee Performance Evaluation/Conference with Labor Negotiators (Government Code §54957, §54957.6)
Unrepresented employee: City Manager
Agency designated representative: City Attorney
Council deferred this item to the meeting of December 12, 2023 and no reportable action was taken.

7.3 November 28, 2023 CITY COUNCIL MINUTES 6632
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
November 28, 2023
12:30 PM
Call to Order – Mayor Keeley called the meeting to order at 12:31 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, Kalantari-Johnson (via Zoom); Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Public Works N. Nguyen, Director of Information Technology K. Morgan, Deputy City Manager L. Murphy, Finance Director E. Cabell, Chief of Police B. Escalante, Chief People Officer S. De Leon, Principal Management Analyst C. Brothers, Director of Planning and Community Development L. Butler, Water Director R.

Menard (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Transportation Manager M. Starkey, Senior Planner R. Bane, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.

Oral Communications
At 12:33 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

Laurie Egan spoke on behalf of the Coastal Watershed Council, thanking Council and the Public Works staff for their dedication and work on the San Lorenzo river.

Megan Caroll spoke regarding the Animal Services Joint Powers Authority, and asked Council to check in with their Joint Power Authority board representatives to hold management accountable to ongoing issues that the animal shelter is facing.

7.4 November 28, 2023 CITY COUNCIL MINUTES 6633
Oral Communications (continued)
Unidentified person spoke regarding Ordinance No. 81-29 regarding Prevention of Violence Against Women, and asked that charges be brought against David Ross Murdock.

Unidentified person spoke regarding Morrissey Avenue and asked for red light cameras to be installed at nearby intersections.

William Sump spoke regarding the local cannabis businesses and asked for help from the community and the police force with atrocious crimes being committed.

James Ewing Whitman spoke regarding the war in Palestine.

Garrett spoke regarding Santa Cruz being a sanctuary city, and requested Council repeal this status.

Darius spoke thanking Councilmember Brunner for attending Thanksgiving dinner at the Veterans Hall and Mayor Keeley for meeting with Robert Norse in Felton for an interview.

At 12:47 p.m. Mayor Keeley closed Oral Communications.

Presiding Officer's Announcements
Statements of Disqualification – None.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6630—6631 for the report.

Council Meeting Calendar

6. The City Council reviewed and did not revise the meeting calendar attached to the agenda.

7.5 November 28, 2023 CITY COUNCIL MINUTES 6634
Consent Agenda
Councilmember Brunner pulled item 15 for further discussion.

Transportation Manager M. Starkey responded to Council questions regarding item 17.

Director of Public Works N. Nguyen responded to Council questions regarding item 18.

Mayor Keeley opened the public comment period. The following people spoke:

James Ewing Whitman spoke regarding items 8, 17, and 18.

Garrett spoke regarding item 17.

Rhonda Reyna spoke regarding item 8.

Mayor Keeley closed the public comment period.

Mayor Keeley made a comment on item 12.

MOTION: Councilmember Brown moved, seconded by Councilmember Watkins, to approve the remaining Consent Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

7. Resolution Extending the Local Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
Resolution No. NS-30,239 was adopted extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.

8. Minutes of the November 14, 2023 City Council Meeting (CC) Motion carried to approve as submitted.

7.6 November 28, 2023 CITY COUNCIL MINUTES 6635
Consent Agenda (continued)

9. Resolution Ordering an Election, Requesting the County to Conduct the Election, and Requesting Consolidation of the Election to be Held on March 5, 2024, for the Purpose of Placing the Housing for People Citizen Initiative Measure on the Ballot (CC)
Motion carried to:
 Accept the certificate of verification of signatures for the Housing for People citizen initiative petition, and
 Adopt Resolution No. NS-30,240 ordering an election to be held on March 5, 2024, consolidating the election for the purpose of adding the measure to the ballot, and directing the City Attorney to prepare an impartial analysis in accordance with the requirements of Elections Code 9280.

10. EMC Research, Inc. – First Amendment to Contract (CM) Motion carried authorizing the City Manager to execute a $51,000 amendment in a form approved by the City Attorney to the agreement with EMC Research, Inc. for public opinion research and polling services. The City Manager is authorized to execute future contract amendments within the approved budget.

11. Santa Cruz County Civil Grand Jury Response (CM)
Motion carried to authorize the Mayor to submit responses to the Santa Cruz Civil Grand Jury on behalf of the Santa Cruz City Council for the Honoring Commitments to the Public report.

12. 2024 Legislative Program (CM)
Motion carried to approve the 2024 Legislative Program.

13. Liability Claim Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of 1) Lorraine H. Coppolino, based on staff recommendation.

7.7 November 28, 2023 CITY COUNCIL MINUTES 6636
Consent Agenda (continued)

14. Resolution Amending the City of Santa Cruz Classification and Compensation Plans: Implementation of Statutory and Regulatory Requirements for Publicly Available Pay Schedules – All Departments (HR)
Resolution No. NS-30,241 was adopted amending the City of Santa Cruz Classification and Compensations Plans by implementing the CalPERS requirements for publicly available pay schedules per California Code of Regulations 570.5.

15. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (PD)
Chief of Police B. Escalante gave a presentation and responded to Council questions.

Principal Management Analyst C. Brothers responded to Council questions.

Hector Soliman-Valdez, Director of Local Government Affairs with Flock Safety, responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Unidentified person
Rhonda Reyna
Peter Gelblum
James Ewing Whitman
Darius
Bruce Walker
Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to:
 Approve the attached FY 2024 State Homeland Security Program Grant proposal letter and direct staff to send the letter to the Santa Cruz County Office of Response, Recovery, and Resilience, Authorized Body of Five no later than December 31, 2023, and
 Approve the installation of automated license plate readers within Santa Cruz city limits, purchased with funds received through the FY 2024 State Homeland Security Program Grant.

7.8 November 28, 2023 CITY COUNCIL MINUTES 6637
Consent Agenda (continued)

15. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (PD) (continued)
After discussion, Vice Mayor Golder amended the motion as follows.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to continue this item to the December 12, 2023 City Council meeting and direct staff to evaluate and amend the operational policy for the automated license plate readers.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

16. Consulting Engineering Services for Wastewater Treatment Facility Capital Improvement Projects – Amendment 1 to Agreement (PW)
Motion carried to authorize the City Manager to execute Amendment 1 in a form approved by the City Attorney to the Agreement with Brown and Caldwell (San Jose, CA) in the amount of $3,950,000 to provide additional engineering services for Wastewater Treatment Facility capital improvement projects. The Director of Public Works is authorized to execute contract amendments within the approved budget.

17. Monterey Bay Sanctuary Scenic Trail (Rail Trail) Segment 7 Phase 2 (c401413) – Budget Adjustment, Construction Management Services Contract Amendment No. 1, and Design and Construction Support Services Contract Amendment No. 8 (PW)
Motion carried to:
 Adopt Resolution No. NS-30,242 amending the FY 2024 budget to appropriate funds in the amount of $2,950,000 from Wastewater Enterprise (m409659) and Measure D portions of Rail Trail Segment 8 & 9 (C401804), Pavement (c400809), Pavement (c400810), Bay Drive (c402304), to Monterey Bay Sanctuary Scenic Trail (Rail Trail) Segment 7 Phase 2 Project (c401413);

7.9 November 28, 2023 CITY COUNCIL MINUTES 6638
Consent Agenda (continued)

17. Monterey Bay Sanctuary Scenic Trail (Rail Trail) Segment 7 Phase 2 (c401413) – Budget Adjustment, Construction Management Services Contract Amendment No. 1, and Design and Construction Support Services Contract Amendment No. 8 (PW) (continued)
 Approve Contract Amendment 1 with WSP USA, Inc. (San Jose, CA) to provide Construction Management Services for the Rail Trail Segment 7 Phase 2 Project (c401413) and authorize the Director of Public Works to execute the contract amendment in a form approved by the City Attorney.

The Director of Public Works is authorized to execute future contract amendments within the approved budget; and
 Approve Contract Amendment No. 8 with RRM Design Group for additional design changes and bid and construction support related to Rail Trail Segment 7 Phase 2 and authorize the Director of Public Works to execute the contract amendment in a form approved by the City Attorney. The Director of Public Works is authorized to execute future contract amendments within the approved budget.

18. Murray Street Bridge Seismic Retrofit (c409321) – Contract Amendment 11 (PW) Motion carried authorizing the City Manager to execute Contract Amendment 11 in a form approved by the City Attorney to the agreement with TRC Engineers, Inc. to provide services for design completion, final coordination, and construction support for the Murray Street Bridge Seismic Retrofit Project.

The Director of Public Works is authorized to execute future contract amendments within the approved budget.

19. Grant of Easement to Pacific Gas and Electric Company (WT/PR) Resolution No. NS-30,243 was adopted authorizing and directing the City Manager to execute a Grant of Easement in a form to be approved by the City Attorney, located in the City of Santa Cruz and designated as APN 004-321-06, to Pacific Gas and Electric Company, to construct, install, operate, and maintain facilities for distribution of electric energy upon the terms and conditions as set forth to serve the Pure Water Soquel facilities located at the City’s Wastewater Treatment Facility.

7.10 November 28, 2023 CITY COUNCIL MINUTES 6639
Consent Agenda (continued)

20. Approval of the Supervisory Control and Data Acquisition (SCADA) Radio Upgrade Project and Approval of California Environmental Quality Act (CEQA) Exemption and Award of Agreement to Telstar Instruments (WT) Motion carried to:
 Approve the SCADA Radio Upgrade Project and find the project exempt under CEQA;
 Accept the proposal of Telstar Instruments for the SCADA Radio Upgrade Project in the amount of $199,107.00 and to authorize the City Manager, or designee, to execute an agreement in a form to be approved by the City Attorney and reject all other proposals; and
 Authorize the Water Director to approve change orders with Telstar Instruments in a form to be approved by the City Attorney for amounts that are within the approved adjusted budget.

End Consent Agenda

7.11 November 28, 2023 CITY COUNCIL MINUTES 6640
Public Hearing

21. 1800, 1812, 1818 Soquel Avenue: CP22-0142 (APN 011-041-63, -64, -65) Appeal of the Planning Commission Approval of the Development Proposal at 1800 Soquel Avenue Involving a Nonresidential Demolition Authorization Permit to Demolish an Existing Commercial Building, Boundary Line Adjustment to Merge Three Parcels, Design Permit, Special Use Permit, and Density Bonus Request Involving Waivers to Development Standards, Including Exceeding Height and Floor Area Ratio (FAR) and a Reduction in Bike Parking, Open Space, Storage and Indoor Common Space Requirements, to Construct a Four-Story Mixed-Use Project Consisting of Approximately 2,889 Square Feet of Ground Level Commercial Space, and 84 Residential Units on a Parcel Located in the CC (Community Commercial) Zone District and Within the Eastside Business Improvement Plan Area. Environmental Determination: Categorical Exemption. Owner: 1800 Soquel LLC. (PL)
Senior Planner R. Bane gave a presentation and responded to Council questions.

Appellants Debora Bone and Rena Dubin spoke and gave a presentation regarding this item.

Applicant Jim Arthur and Amara Morrison, attorney with Fennemore Wendel, spoke and responded to Council questions.

Transportation Manager M. Starkey responded to Council questions.

Director of Planning and Community Development L. Butler responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Unidentified person
Rafa Sonnenfeld
Candace Brown
Unidentified person
George Lee
Gabriella Jones
Ryan Meckel
Unidentified person
Bradley Snyder
Quinton Roland
Unidentified person
Alex Neuse
Francine

7.12 November 28, 2023 CITY COUNCIL MINUTES 6641
Public Hearing (continued)

21. Appeal of the Planning Commission Approval of the Development Proposal at 1800, 1812, 1818 Soquel Avenue: CP22-0142 (APN 011-041-63, -64, -65) (PL) (continued)
Mayor Keeley closed the public comment period.

Appellant Debora Bone provided a rebuttal.

MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to adopt Resolution No. NS-30,244 to deny the appeal and uphold the Planning Commission’s acknowledgement of the environmental determination (Categorical Exemption Section 15332, Class 32) and approval of the Nonresidential Demolition Authorization Permit; Boundary Adjustment; Density Bonus request, including for waivers to exceed height and FAR and reduce bike parking, open space, storage, and indoor common space requirements; and Design and Special Use Permits, based on the findings listed in the draft resolution and the Conditions of Approval, with the following changes to the Conditions of Approval:
1) Reduce the proposed sidewalk width from Hagemann to/from Soquel to accommodate dedicated turn lanes that are at least 2-3 car lengths long. 2) Reduce the proposed sidewalk width on Soquel Avenue to accommodate a wider, safer, protected bike lane heading east in front of the development where the road jogs.
3) Allow a 20-foot curb cut at the alley for wider 2-lane garage entry and exit. 4) Implement safety mirrors, lights, and sensors.

Director of Public Works N. Nguyen responded to Council questions.

FRIENDLY AMENDMENT: Councilmember Brunner requested to include a condition that the applicant shall add devices that help reduce speed at the alleyway entrance and exit, such as speed bumps, stop sign, mirrors, or anything to provide greater visibility and safety. Councilmember Watkins accepted.

7.13 November 28, 2023 CITY COUNCIL MINUTES 6642
Public Hearing (continued)

21. Appeal of the Planning Commission Approval of the Development Proposal at 1800, 1812, 1818 Soquel Avenue: CP22-0142 (APN 011-041-63, -64, -65) (PL) (continued)
FRIENDLY AMENDMENT: Councilmember Brown requested to increase the driveway apron for the alleyway from a 20-foot entrance to 30-foot entrance.

Councilmembers Watkins and Brunner did not accept.

After discussion with staff, Councilmembers Watkins and Brunner agreed to amend item 3 of the motion to increase the 20-foot curb cut out to 24 feet.

FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to add the following direction:
 Direct the City Manager and/or Director of Public Works to return to the City Council in 2024 with an updated “objective standard” for separated bike lanes along Soquel from at least Morrissey to Capitola Road so that additional land dedication can be required of future projects when needed to achieve the desired long-term bike lane space and alignment.
 Direct the City Manager and/or Director of Public Works to further explore the following as part of the active transportation update:
 Install a green arrow left turn signal at Hagemann Avenue.  Coordinate cross traffic from Trevethan to Hagemann to avoid driver confusion, such as protected left turn and light timing and striping to highlight poor alignment.
 Install visible speed limit signs in both directions on Soquel and enforce.

Councilmembers Watkins and Brunner accepted.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: Councilmember Brown.

ABSENT: None.

DISQUALIFIED: None.

7.14 November 28, 2023 CITY COUNCIL MINUTES 6643
General Business

22. 10-year Citywide Long Range Financial Plan (FN)
Director of Finance E. Cabell introduced the item.

Bob Leland, Special Advisor with Baker Tilly, gave a presentation.

Mayor Keeley opened the public comment period. There were no speakers.

Mayor Keeley closed the public comment period.

23. Resolution Requesting the Placement of a Sales and Use Tax Ballot Measure on the March 2024 California Statewide Primary Election (CN) Assistant City Manager L. Schmidt spoke.

Mayor Keeley opened the public comment period. The following person spoke.

Garrett
Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Councilmember Brown, to:
 Accept the report regarding the recent work of the City Council Budget and Revenue Ad Hoc Committee;
 Adopt Resolution No. NS-30,245 requesting that the consolidated March 2024 California Statewide Primary Election include a general purpose onehalf of one percent retail transaction and use tax measure; and  Support the measure for the purpose of authorizing arguments; directing the City Attorney to prepare the impartial analysis; and providing direction to the City Manager regarding the preparation of the fiscal analysis, as appropriate.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

7.15 November 28, 2023 CITY COUNCIL MINUTES 6644
General Business (continued)

24. San Lorenzo River Levee Letter of Map Revision Application Submittal Update (PW)
Director of Public Works N. Nguyen gave a presentation.

Mayor Keeley opened the public comment period. The following person spoke.

James Ewing Whitman
Mayor Keeley closed the public comment period.

25. An Ordinance Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers (CN)
Councilmembers Watkins, Brunner, and Kalantari-Johnson and City Attorney T.

Condotti spoke.

Mayor Keeley opened the public comment period. The following people spoke.

Pete Montgomery
Gillian Greensite
James Ewing Whitman
Unidentified person
Garrett
Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to introduce for publication Ordinance No. 2023-13 adding Chapter 5.11 to the Santa Cruz Municipal Code to require delivery companies to offer tipping option to residential delivery customers.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Mayor Keeley.

NOES: Vice Mayor Golder.

ABSENT: None.

DISQUALIFIED: None.

7.16 November 28, 2023 CITY COUNCIL MINUTES 6645
Consent Public Hearings

26. Municipal Code Amendments Relating to Flexible Density Units (FDUs) Responding to Modifications Requested by the California Coastal Commission (PL)
Mayor Keeley opened the public comment period. There were no speakers.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to:
 Adopt Resolution No. NS-30,246 acknowledging receipt of the resolution of certification from the California Coastal Commission, including the suggested modifications, and
 Introduce for publication Ordinance No. 2023-14 amending Part 16 of Chapter 24.12 of the Municipal Code related to Flexible Density Units in response to action by the California Coastal Commission.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

27. 2nd Reading and Final Adoption of Ordinance No. 2023-12 Amendments to Title 18 of the Municipal Code Creating an Energy Reach Code for Newly Constructed Buildings with the Intent to Provide Developers with a Range of Options that Will Meet Goals to Reduce Greenhouse Gas Emissions Associated with Fossil Fuel Citywide (PL/CM)
Mayor Keeley opened the public comment period. The following people spoke:

James Ewing Whitman
Garrett
Unidentified person
Mayor Keeley closed the public comment period.

7.17 November 28, 2023 CITY COUNCIL MINUTES 6646
Public Hearings (continued)

27. 2nd Reading and Final Adoption of Ordinance No. 2023-12 Amendments to Title 18 of the Municipal Code Creating an Energy Reach Code for Newly Constructed Buildings with the Intent to Provide Developers with a Range of Options that Will Meet Goals to Reduce Greenhouse Gas Emissions Associated with Fossil Fuel Citywide (PL/CM) (continued)
MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to adopt Ordinance No. 2023-12 amending Municipal Code Title 18 – Buildings and Construction, amending Section 18.04.030 and adding Chapter

18.15 to adopt local amendments to Title 24, Part 6 of the California Code of Regulations (California Energy Code) implementing an energy reach code with an intent to provide developers with a range of options that will also meet goals to reduce greenhouse gas emissions associated with fossil fuel use citywide. CEQA determination: These amendments are consistent with the Negative Declaration approved for the City of Santa Cruz 2030 Climate Action Plan adopted by City Council on September 13, 2022. The ordinance is also exempt from CEQA under the general rule, 15061(b)(3), and per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of Natural Resources.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Presentation

28. Election of New Vice Mayor for 2024
MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to reelect Renee Golder as Vice Mayor for 2024.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

7.18 November 28, 2023 CITY COUNCIL MINUTES 6647
Adjournment – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn. By consensus City Council adjourned at 6:34 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

7.19 City Council

AGENDA REPORT
DATE: 11/17/2023
AGENDA OF: 12/12/2023
DEPARTMENT: City Council
SUBJECT: Council Subcommittee to Explore the Feasibility of Community Workforce or Project Labor Agreements for City Capital Investment Projects (CN)
RECOMMENDATION: Motion to:
1) Direct staff to issue a Request for Proposals to work with a Council subcommittee to conduct a feasibility assessment of the potential options and considerations related to the City entering into a Community Workforce or Project Labor Agreement with the Monterey-Santa Cruz Counties Building and Construction Trades Council; and
2) Appoint an ad hoc Council subcommittee comprised of Mayor Keeley, and Councilmembers Watkins and Newsome on the planned evaluation of Community Workforce or Project Labor Agreements.

BACKGROUND: Many communities consider using community workforce or project labor agreements (CWAs, PLAs, respectively) as part of local efforts to support strong participation in local project construction by unionized labor. The Monterey-Santa Cruz Counties Building and Construction Trades Council asked the Santa Cruz City Council to consider adopting a community workforce agreement in January of 2020 and the Council at that time directed staff to prepare information for the Council’s consideration on whether or how a CWA or PLA framework for the City’s capital projects could work in and be beneficial for Santa Cruz.

Several themes emerged from the Council’s January discussion as being desired outcomes of any approach that is ultimately adopted and implemented. Staff’s summary of these themes includes the following:
 Strong interest in providing living wage jobs for local workers, including adequate and sustainable long-term health and pension benefits.
 Strong interest in increasing local employment-related to City public works and housing development and in the resulting local economic benefits to the community from an increased workforce where workers are making a livable wage; and  Strong interest in identifying and pursuing workforce development opportunities for Santa Cruz’s economically disadvantaged residents.

8.1 An agenda item that further explored the opportunities and challenges of using CWAs or PLAs here in Santa Cruz was prepared and presented to Council on August 11, 2020.1 Following additional discussion, the Council chose to defer further discussion on the topic to a future meeting, and that discussion never occurred due to the combination of the CZU Fire which started within two weeks of the August 11th Council meeting, and the ongoing organizational impacts of the COVID 19 Pandemic.

DISCUSSION: The Mayor and Councilmembers Watkins and Newsome are proposing to reinitiate a review of the feasibility and implications of adopting either a CWA, which provides a broader, all-encompassing framework for the implementation of the City’s capital improvement projects in partnership with labor organizations, or a more project specific PLA framework to implementing qualifying projects, typically triggered by total estimated project cost, in collaboration with contractors with collective bargaining agreements in place for their employees.

To support this planned review, the Mayor is appointing an ad hoc Council subcommittee to work with staff on this topic. Subcommittee members will be Mayor Keeley and Councilmembers Watkins and Newsome.

The planned review will commence with a consultant selection process to identify an individual or firm to work with staff and the ad hoc Council subcommittee and will engage a representative of the Monterey-Santa Cruz Counties Building and Construction Trades Council in finalizing the project’s scope of work and the selection of the consultant hired to perfume the planned work.

In broad terms, the scope of services for the review of CWA-PLA options for Santa Cruz would include developing information and analyses on the following topics and issues:
 Existing Muni-Code provisions related to Public Works contracts:
o Local hire
o Apprenticeship
o Other
 Type of Labor Agreement
o Project Labor Agreement (“PLA”)
o Community Workforce Agreement (“CWA”)
 History of Labor Agreements
o Purpose and Benefits of Labor Agreement
 Risk Management
 Avoiding labor disruption
 Promote Public Policy
 Legal Basis for Labor Agreements
 Issues that Labor Agreements are typically designed to monitor and enforce:
o Prevailing Wage/Benefits
o Worker Classification
o Drug Testing
o Pre-Apprenticeship Training
1 See item #30 on the August 11, 2020 Council Agenda at View Meeting - OnBase Agenda Online (cityofsantacruz.com)

8.2 o Apprentices
o Contractor Hiring Priorities
o Labor Availability
o Labor Issues and Trends
 What makes PLA/CWA successful from the local government’s perspective.  Characteristics of communities where PLA/CWA agreements work and those where these agreements are more challenging.
 Strengths & Weaknesses of Labor Agreements in the Santa Cruz County Environment o Local Construction, Skilled Trades, and Green Economy Workforce o Local Contractor Perspective
 Union
 Non-Union
o Local Union Perspective
o Community Perspective
o Project Cost Considerations
 Information from comparable agencies on project costs and contractor bidding experience
o Local Community Experience
 City of Watsonville CWA
 (additional communities to be added)
To keep the full Council informed of progress, the ad hoc Council subcommittee and staff will prepare and provide an update on the final scope of work and contractor selection process on or before the first Council meeting in April 2024.

FISCAL IMPACT: No fiscal impact for this action at this time. Additional information of fiscal impact will be available for consideration at the time of Council action on any consultant services contract to be entered into.

Submitted By:

Fred Keeley
Mayor
Submitted By:

Martine Watkins
Councilmember
Submitted By:

Scott Newsome
Councilmember
ATTACHMENTS:

None.

8.3 City Council

AGENDA REPORT
DATE: 11/16/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of 1) Jenai Marie Herod, and 2) Elaine Vierra, based on staff recommendation.

BACKGROUND: N/A
DISCUSSION: I. Claims to be rejected:

1. Claimant: Jenai Marie Herod
Date of occurrence: 10/4/2023
Date of claim: 11/8/2023
Amount of claim: Unspecified
Claimant seeks reimbursement for towing fees after vehicle was allegedly towed without sufficient notice.

Self-Represented

2. Claimant: Elaine Vierra
Date of occurrence: 5/24/2023
Date of claim: 11/8/2023
Amount of claim: Unspecified
Claimant seeks general damages and reimbursement for medical expenses allegedly caused by a trip and fall.

Represented by legal counsel.

FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk and Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

9.1 City Council

AGENDA REPORT
DATE: 11/16/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Finance/Public Works
SUBJECT: FY 2023 Traffic Impact Fee Annual Report (FN/PW) RECOMMENDATION: Motion to accept and approve the attached FY 2023 Traffic Impact Fee Annual Report.

BACKGROUND: In April 2004, City Council adopted the Beach /South of Laurel Traffic Impact Fee Ordinance and in June 2005, City Council adopted the Citywide Traffic Impact Fee Ordinance. In November 2012, City Council amended the Traffic Impact Fee Ordinances to combine the Beach/South of Laurel and Citywide areas resulting in a single Traffic Impact Fee as of FY 2013 and basing it on PM peak hour trips rather than daily trips. In August 2021, City Council amended the fee to address the cost of construction increases that occurred since the last revision. This fee complies with California Government Code Section 66006.

DISCUSSION: Staff has compiled the FY 2023 Traffic Impact Fee Annual Report, as attached, and made it available at the Public Works Counter 15 days prior to the meeting. Staff recommend acceptance and approval of the report. The City began collecting Traffic Impact fees in FY 2006. The amount collected in FY 2023 is $745,181 and is detailed in the report.

FISCAL IMPACT: The Traffic Impact Fee fund balance had increased by $42,270 to $1,202,610 with revenues exceeding expenditures. This was attributed to a higher number of fees being collected in the current fiscal year. There was no impact on the General Fund.

Prepared By:

Nicholas Gong
Senior Accountant
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. 2023 TRAFFIC IMPACT FEE ANNUAL REPORT - DEVELOPMENT IMPACT FEES.DOCX

10.1 1
Attachment I
City of Santa Cruz
2023 Traffic Impact Fee Annual Report
Development Impact Fees
For Fiscal Year Ending June 30, 2023
Government Code Sec. 66006(a) requires local agencies to produce an annual report, within 180 days of the fiscal year end. The annual report must be made available to the public and be presented to the public agency (City Council) at least fifteen days after it is made available to the public.

This report summarizes the following information for each of the development fee programs:

1. Description of fee

2. Amount of fee

3. Beginning and ending fund balances

4. Amount of fees collected, and interest earned.

5. Identification of projects on which fees were expended and the amount for each improvement that was expended.

6. The total percentage of the cost of the public improvement that was funded with fees.

7. The approximate date by which construction of the improvements will commence for any incomplete improvements for which sufficient funds to complete financing for the improvements have been collected.

8. The amount of refunds paid.

9. Description of each interfund transfer or loan made from the fund if any.

The following fee programs are included in this report:

Section A – Citywide Traffic Impact Fee

10.2 2
Section A – Citywide Traffic Impact Fee
For Fiscal Year Ending June 30, 2023
Description: A Traffic Impact Fee is assessed in connection with the issuance of any development permit for development in areas of the City designated by City Council Resolution NS-26,943 on June 28, 2005. In accordance with the General Plan, the Fee shall be used to pay costs associated with the mitigation of traffic impacts attributable to the development that is the subject of the permit. On November 27, 2012, the City Council adopted Resolution NS-28,574 rescinding Resolution NS-26,943, combining the Beach/South of Laurel and Citywide areas and revising the Traffic Impact Fee Estimate Form to include new uses and PM peak hour rates. On August 24, 2021, City Council adopted resolution NS-29,865 revising the Traffic Impact Fee per trip rate.

Amount of Fee: The Traffic Impact Fee in FY 2023 was defined to be $4,928 per peak hour trip as determined on the Traffic Impact Fee Estimate Form.

Refund: The refund amount in FY 2023 was $0.

Beginning Balance, July 1, 2022 1,103,6071
Receipts
Fees Collected 723,881
Interest Earned 20,320
Payment Holding 980
Transfer-in 0
Total 745,181
Disbursements
% of Cost
Funded
C400805 – State Route 1/9 Intersection Improv.

(570,620) 18%
Admin Expenses

(132,291) 100%
Total Disbursements (702,911)
Ending Balance, June 30, 2023 1,145,8772*
1 Beginning fund balance does not include allowance for FV of invest w/City-cur unrstr. 2 Ending fund balance does not include allowance for FV of invest w/City-cur unrstr. * Ending Available Fund Balance is unaudited

10.3 City Council

AGENDA REPORT
DATE: 11/16/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Finance/Public Works
SUBJECT: FY 2023 Parking In-Lieu Impact Fee Annual Report (FN/PW) RECOMMENDATION: Motion to accept and approve the attached FY 2023 Parking In-Lieu Impact Fee Annual Report.

BACKGROUND: In June 1992, City Council adopted amendments to the Downtown Parking Resolution (NS-200,541) establishing a Parking In-Lieu Impact Fee. The Parking In-Lieu Impact fee was amended in June of 2019 to update the in-lieu fee rates to support affordable housing and general housing construction in the downtown. In April 2023, City Council amended to Parking In-Lieu Fee rates to reflect changes in state law related to parking requirements near high-quality transit. This fee complies with California Government Code Section 66006.

Section 66006 provides the annual reporting requirements for development impact fees. It requires that within 180 days after the close of the fiscal year the City shall produce a report on the developer impact fees and make it public at least 15 days prior to the regularly scheduled City Council meeting. In addition, for anyone who provided a written request to be notified, the City shall mail them a notice of the time and place of the meeting at least 15 days prior to the meeting. Staff has compiled and made available at the Public Works Counter 15 days prior to the meeting the FY 2023 Parking In-Lieu Impact Fee Annual Report, which is attached. Staff recommend acceptance and approval of the report.

DISCUSSION: The City began collecting Parking In-Lieu Impact Fees in FY 2021. The amount collected in FY 2021 is $840,000 and $120,000 in FY 2023. Both are detailed in the attached report.

FISCAL IMPACT: The Parking In-Lieu Impact Fee is accounted for within the Parking Fund.

Fees were collected in fiscal years 2021 and 2023 totaling $960,000, all of which has been spent as of fiscal year 2023 on capital investment projects and debt service. There was no impact on the General Fund.

Prepared By:

Raudel Mendoza
Accountant I
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. 2023 PARKING IN-LIEU IMPACT FEE ANNUAL REPORT - DEVELOPMENT IMPACT FEES.DOCX

11.1 1
Attachment I
City of Santa Cruz
2023 Parking In-Lieu Impact Fee Annual Report
Development Impact Fees
For Fiscal Year Ending June 30, 2023
Government Code Sec. 66006(a) requires local agencies to produce an annual report, within 180 days of the fiscal year end. The annual report must be made available to the public and be presented to the public agency (City Council) at least fifteen days after it is made available to the public.

This report summarizes the following information for each of the development fee programs:

1. Description of fee

2. Amount of fee

3. Beginning and ending fund balances

4. Amount of fees collected and interest earned

5. Identification of projects on which fees were expended and the amount for each improvement that was expended

6. The total percentage of the cost of the public improvement that was funded with fees

8. The amount of refunds paid

9. Description of each interfund transfer or loan made from the fund, if any The following fee programs are included in this report:

Section A – Citywide Parking In-Lieu Impact Fee

11.2 2
Section A – Citywide Parking In-Lieu Impact Fee
For Fiscal Year Ending June 30, 2023
Description: A Parking In-Lieu Impact Fee is assessed in connection with the issuance of any development permit for development within Parking District No 1 as amended (NS-2233, June 26,1956) where a developer has chosen to provide less than the amount of parking required per the Parking Resolution. In accordance with the Downtown Parking Resolution, the Fee shall be used to pay costs associated with repayment of bonds, and any excess not required for bond resolution shall be applied to enforcement, maintenance, and other operating costs of Parking District No 1.

In June 1992, the City Council adopted amendments to the Downtown Parking Resolution (NS-200,541) establishing a Parking In-Lieu Impact Fee. The Parking In-Lieu Impact fee was amended in June of 2019 to update the in-lieu fee rates to support affordable housing and general housing construction in the downtown. In April 2023, the City Council amended the Parking In-Lieu Fee rates to reflect changes in state law related to parking requirements near high quality transit.

Amount of Fee: The Parking In-Lieu Impact Fee in FY 2023 was defined to be $20,000 per required parking space not provided by the development determined by Resolution NS-30,132.

Refund: The refund amount in FY 2023 was $0.

Beginning Balance, July 1, 2022 960,0001
Disbursements
Debt Service (2017 LRB Refunding) (345,800)2
C401704 – Parking Equip. Replacement Soquel/Front Garage (575,689) C402106 – Locust Garage Improvements (38,511)
Total Disbursements (960,000)
Ending Balance, June 30, 2023 0
1 Beginning balance includes fees collected in FY 2021 of $840,000 - ($200,000 for 100 Laurel and $640,000 for 110 Cooper) and FY 2023 of $120,000 (for 532 Center).
2 2017 Lease Revenue Bond Refunding – 2010 Parking Refunding.

11.3 City Council

AGENDA REPORT
DATE: 11/15/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Planning and Community Development
SUBJECT: Award Contract for an Environmental Impact Report (EIR) for the 908 Ocean Street Mixed Use Project, which Occupies the Majority of the Block Bounded by Ocean Stret, Water Street, May Avenue, and Hubbard Street (PL)
RECOMMENDATION: Motion to:
1) Award a contract to Kimley-Horn (Capitola, CA) for an Environmental Impact Report (EIR) in the amount of $209,086 and reject all other proposals, and 2) Authorize the City Manager to execute an agreement in a form approved by the City Attorney with Kimley-Horn for an EIR for 908 Ocean Street.

BACKGROUND: City staff has reviewed a land use application for a project at 908 Ocean Street and nearby addresses. The proposed project is a mixed-use development to redevelop several lots that constitute the majority of the block of Ocean Street, Water Street, May Avenue, and Hubbard Street, henceforth referred to as the 908 Ocean Street project or the Ocean Place project. The project will demolish 12 residential units and approximately 28,742 square feet of commercial space and will build a mixed-use development consisting of 9,570 square feet of commercial space and 389 dwelling units. The project will comply with the requirements of the California Environmental Quality Act (CEQA) through preparation of an Environmental Impact Report (EIR). The purpose of the EIR is to evaluate potential impacts of a project on the environment, to recommend measures to avoid or mitigate those impacts, and to review project alternatives.

On December 15, 2021, the City issued a Request for Proposals (RFP) for professional services to complete the EIR. Due to a low number of responses, the City re-issued the RFP on February 7, 2022 and again on March 15, 2022. A copy of the request for proposals is attached.

DISCUSSION: After the hour of 4:00 P.M. on March 29, 2022, the Planning and Community Development Department opened proposals for the EIR for Ocean Place. Proposals were evaluated based on the criteria listed in the solicitation.

The City received a total of three proposals from the following firms: Kimley-Horn, located in Capitola; SWCA, located in Half Moon Bay; and Impact Sciences, located in Oakland. Of the three proposals, Kimley-Horn’s most closely met the criteria described in the RFP. The two other

12.1 firms did not fit the proposal as well for reasons including less relevant experience with comparable projects and a proposed scope of work that lacked essential items or included items that were not relevant to the project. Therefore, the Planning Department selected Kimley-Horn as the leading contender.

The EIR Contract was scheduled to be considered by the City Council in June of 2022, however, prior to that City Council meeting, the project applicant notified the Planning Department that the property would be changing ownership and that the project would be modified. The City paused the EIR contract process at that point.

On March 6, 2023, a revised application submittal for the 908 Ocean Street project was submitted to the City. The revised project included an increase in the number of units (389, as opposed to 351) among other changes. The original project application submittal has since been withdrawn at the property owner’s request.

The Planning Department resumed negotiations with Kimley-Horn upon receipt of the new project application. Staff have negotiated a refined scope of work with Kimley-Horn based on the revised project scope of work that includes a reduced cost from their initial submittal. The attached Professional Services Agreement for Ocean Place EIR details the scope of work and cost.

HEALTH IN ALL POLICIES: Health in all Policies (HiAP) is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on three pillars: equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. To meet CEQA requirements, the EIR must evaluate potential impacts to the environment and provide measures to avoid or mitigate those impacts to the extent practicable. By its very nature, an EIR will seek to minimize environmental impacts of a project, thus incorporating equity, public health, and sustainability considerations into the project.

Therefore, awarding the contract for the Ocean Place EIR is consistent with the three pillars of the HiAP.

FISCAL IMPACT: The project applicant will pay the full cost of the EIR contract. In addition, the applicant will pay an amount equal to 25 percent of the EIR contract for contract management and oversight by the Planning Department’s EIR consultant. Therefore, the contract award has no impact to the General Fund.

Prepared By:

Brittany Whitehill
Senior Planner
Submitted By:

Lee Butler
Planning Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICES AGREEMENT FOR 908 OCEAN STREET EIR.PDF

2. REQUEST FOR PROPOSALS.PDF

12.2 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 1

PROFESSIONAL SERVICES AGREEMENT FOR
908 OCEAN STREET EIR
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and KimleyHorn and Associates (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of December 12, 2023 (the “Effective Date”).

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

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

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

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

If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.

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

SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.

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

12.3 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire the Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B – Fee Schedule. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

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

Variations from the budget for each task and/or use of contingency funds which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $209,086.00, which includes total labor and expense costs of $190,078.00, and an additional ten percent contingency fund of $19,008.00, without advance written City authorization in the form of an amendment or change order.

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

All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees.

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

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating on December 12, 2025.

Consultant shall begin work as specified in a written authorization (e.g. Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

12.4 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 3
The Work Schedule for completion of the work shall be as shown upon Exhibit C – Work Schedule. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.

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

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

Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit C- Work Schedule in order to allow the City to achieve its objectives for entering into this Agreement.

The City acknowledges that, to the extent that Consultant’s performance is delayed solely by the City’s failure to provide required documentation, information or assistance to the Consultant within a reasonable period of time, then Consultant’s delay may be excused and Consultant’s period of performance will be extended, by written agreement between the Parties. The Parties therefore agree that time is of the essence in the performance of this Agreement.

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

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

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

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

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

12.5 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 4
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder.

The insurance coverages required shall not in any way limit the liability of the Consultant.

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

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

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

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

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

12.6 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 5
authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A – Scope of Work. Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit B - Fee Schedule.

SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager/Key Staff. Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this agreement. Consultant shall replace the project manager or other key staff upon Director’s request due to Director’s concerns about their performance, or the City shall have the right to terminate this Agreement. Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.

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

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

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

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

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

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

12.7 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 6

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason.

Unless otherwise provided herein, Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.

To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.

If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.

12.8 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 7
Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations. Consultant further agrees to comply with the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Code Ordinance chapter 3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor.

12.9 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 8

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

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

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

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any

12.10 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 9
subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

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

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

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

20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

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

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

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

24. 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.

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

26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e. Federal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) priority U.S. mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. Notice shall be addressed to recipient as follows:

To CITY:

Department of Planning and
Community Development
Brittany Whitehill
908 Ocean Street Rm. 107
[email protected]
(831) 420-5134
To CONSULTANT:

Kimley-Horn
Bill Wiseman
824 Bay Avenue Ste. 10
Capitola, CA 95010
[email protected]
(831) 316-1430
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

27. 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.

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

12.12 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 11
Approved As To Form:

By: _____________________________ Date: __________________ Stephanie Hall, Office of the City Attorney

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matthew Huffaker
City Manager

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ 11/16/2023

12.13 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 12
EXHIBIT A: SCOPE OF WORK
908 Ocean Street EIR
Scope of Work
Kimley-Horn and Associates, Inc. (Kimley-Horn), has prepared this Scope of Work for the City of Santa Cruz (Client or City) to prepare an EIR, for a mixed-use development located 908 Ocean Street(the project).

Kimley-Horn will be the prime consultant and will be responsible for all product deliveries, project management, selected technical analysis and peer review, and community engagement.

This scope of work assumes the preparation of a project-level EIR. It will analyze the impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA), commencing with Section 21000 et seq of the California Public Resources Code. The EIR will meet the legal requirements of a complete, legally accurate and adequate, unbiased, and objective statement of the direct, indirect, and cumulative impacts of the proposed project. The EIR will provide the City of Santa Cruz community, the Planning Commission, and the City Council with accurate information regarding short- and long-term impacts.

Project Description
The approximately four-acre project site is bound by Ocean Steet, May Avenue, Hubbard Street, and adjacent commercial properties. The current one- and two-story commercial and residential buildings and surface parking would be demolished and replaced with three new buildings; one five-story building with a basement and two three-story buildings. Using the CA State Density Bonus Law, the project will consist of 389 residential units consisting of a mix of studios, and one-, two-, three- and four-bedroom units. The project includes 11,390 square feet (sf.) of building residential amenities that would include a ground floor co-work and leasing office, a gym, a lounge overlooking three large courtyards on the second floor, and a clubroom with adjacent roof deck on the fifth floor. The project also includes 9,570 sf. of retail commercial space divided into two spaces fronting Ocean Street. Each retail space includes approximately 500 sf. of covered open space.

Project Initiation
CEQA Kick-Off Meeting
Meet with City staff to discuss the environmental review process for the project and develop a strategy for environmental compliance that meets the requirements of CEQA. This meeting will focus on a discussion of the technical studies that have been or are anticipated to be prepared for the project (in support of the project application) and elements of previous environmental documents that will be utilized in preparation of CEQA documentation for the project.

Research and Investigation
Work with City staff to collect and review all relevant project plans and technical studies. Review and confirm with City staff that the project information collected is suitable for use in developing the project description, as well as for the applicable impact assessments for the environmental document.

Project plans and technical studies provided by the project applicant include:

12.14 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 13
BDE Architecture, 908 Ocean Street Planning Resubmittal #3, 9/29/23 Cornerstone, Geotechnical Investigation, 8/5/22
Kurt Fouts, Arborist Report, 5/20/23
BKF, Preliminary Stormwater Control Plan, 9/29/23
Hexagon Transportation Consultants, Transportation Study, 9/27/23 Haley Aldrich, Off0site Sub-Slab Vapor Investigation, December 2022 Haley Aldrich, Phase I Environmental Site Assessment, October 2022 Haley Aldrich, Phase II Environmental Investigation Results, November 2022 Archaeological Resource Management, Cultural Resource Evaluation, 11/4/19 Archaeological Resource Management, Historic Evaluations, 11/4/19 PAST Consultants, Historic Evaluation for 902 Ocean Street (TOGOs), 7-10-23 This scope of work assumes that these documents have been reviewed by City and/or Dudek, environmental consultant assisting the City with the oversight of the EIR, for their technical accuracy and are considered complete; and as such can be used as part of the environmental analysis without further (peer) review.

Initial Study and Notice of Preparation
Draft Project Description
Prepare a draft of the project description including all project components and referenced figures, as required per Section 15124 of CEQA. An explanation of the proposed density bonus will be included based on information provided by City staff. The draft project description will be submitted to the City for review and comment.

Draft and Final Initial Study
Using Word templates as provided by the Client, prepare the draft and final Initial Study to support the Notice of Preparation. This will include a review of applicant studies and results from the applicant’s community meeting; as well as the City’s General Plan, Local Coastal Plan, Zoning Code and other relevant studies. Where relevant, the Initial Study will tier from the City’s General Plan 2030 EIR, where applicable, including the following potential topics:

Population, Housing & Employment,
Public Services,
Recreation, and
Utilities, except for water supply
This task includes one set of revisions from City staff on the draft Initial Study and Notice of Preparation.

Notice of Preparation
Prepare the Notice of Preparation (NOP) that summarizes the project and what environmental issues will be addressed fully in the EIR and those that are determined to result in no or less-than-significant impacts as determined in the Initial Study assessments and as described below. Note that this approach takes a conservative approach by including topics with potentially significant impacts. This list may be amended based on discussions with City staff, as appropriate.

The NOP will adhere to the content requirements set forth in the CEQA Guidelines, including information describing the project, its location, and probable environmental effects. This work plan assumes the City will be responsible for distribution of the NOP, including submittal to the Office of Planning and Research, and applicable public noticing.

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Comments received during the 30-day public review period for the NOP will be used to finalize the scope of the Draft EIR.

Public Scoping Meeting
Attend and facilitate a public scoping meeting for the proposed project via Zoom digital platform. The public scoping meeting will serve to obtain information and input from responsible agencies and the public regarding the scope of the EIR, as well as to inform the public about the CEQA review and EIR process.

Prepare a draft and final presentation (in PowerPoint) for review with City staff.

Review NOP and Refine Project Scope
Based on comments received by the public from the NOP and the public scoping meeting, clarify/refine the scope of work for the EIR, and identify any additional analytical tasks not included in this scope of work.

Administrative Draft EIR
Executive Summary
Prepare an Executive Summary for the EIR including a Project Summary, an overview of project impacts, mitigation and levels of significance after mitigation, summary of project alternatives, and areas of controversy and issues to be resolved. The Environmental Summary will be presented in a columnar format.

Introduction and Purpose
The Introduction section will cite the provisions of CEQA and the CEQA Guidelines procedures applicable to the proposed project. This section will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the EIR format, listing of responsible and trustee agencies, and documentation incorporated by reference.

Final Project Description
Update/finalize the project description based on NOP comments and any minor refinements as provided by the City and/or the project applicant.

The Project Description will detail the project location, background and history of the project, project objectives to be provided by City staff in collaboration with the applicant, description of project components, project phasing, and permits and approvals that are required for the project.

Environmental Analysis
Kimley-Horn will describe existing conditions, the potential adverse effects of project implementation (both individual [direct/indirect] and cumulative), and measures to mitigate such effects. Environmental issues raised during the scoping process (Notice of Preparation responses, Public Scoping Meeting; and any other relevant and valid informative sources) also will be evaluated. The analyses will be based upon available data, results from additional research, and an assessment of existing technical data. The Environmental Analysis section of the EIR will discuss the existing conditions for each environmental issue area and will identify short-term and long-term environmental impacts associated with the proposed project, along with their levels of significance.

Feasible mitigation measures will be recommended to reduce potentially significant impacts and identify areas of unavoidable significant adverse impacts even after mitigation.

The EIR will include analysis for the following environmental issue areas, which may be refined based on the conclusions of the Initial Study and results of the EIR scoping process:

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Included for Detailed EIR Analysis
(Potentially Significant)
Likely to be Excluded from Detailed EIR Analysis Per the Initial Study Assessments
(Less Than Significant)
 Air Quality and Greenhouse Gas
Emissions
 Cultural and Tribal Cultural Resources
 Hazards & Hazardous Materials
 Land Use & Planning
 Utilities-Water Service
 Energy Conservation
 Aesthetics
 Agricultural Resources
 Biological Resources
 Geology & Soils
 Hydrology & Water Quality
 Mineral Resources
 Noise
 Population Housing & Employment
 Public Services and Utilities, except for
Water Service
 Transportation
 Wildfire
Air Quality and Greenhouse Gas Emissions
Prepare the assessment of the air quality impacts utilizing the significance thresholds in CEQA Guidelines Appendix G and the Monterey Bay Air Resources District (MBARD) emissions-based thresholds. The California Emissions Estimator Model (CalEEMod) land use and air quality model will be used to estimate operational criteria air pollutant emissions generated by mobile sources for existing conditions and with the proposed changes in land use intensity to identify net increase in air pollutants, GHG emissions, and operational energy consumption and for construction emissions. Consistency with the MBARD’s Air Quality Management Plan will be reviewed in accordance with the District’ methodology of reviewing existing and approved housing units within the City that will be provided by City staff.

The technical analysis supporting this section will be included as an appendix to the Draft EIR.

Cultural and Tribal Cultural Resources
The Cultural Resource Evaluation and Historical Report, both prepared by Archaeological Resource Management, as well as the Historic Evaluation for 902 Ocean Street (TOGOs) prepared by PAST Consultants, will serve as the basis for potential impacts to cultural resources.

The City’s General Plan 2030 EIR will be used for general Environmental Setting information as supplemented by a citywide Cultural Resources report prepared for the City in 2018 that provided an update to the study utilized in the General Plan EIR. The Historical Report identified one property (130 Hubbard Street) as potentially eligible for listing on the City’s Historic Building Survey under Criteria 5, 6 and 7 as a good example of the National Folk style, characteristic of the middle-to-late 19th Century. Existing reports will be supplemented by the following reviews to be conducted by Pacific Legacy.
 Request Sacred Land File search to the Native American Heritage Commission. If consultation with interested Native American tribes and individuals is recommended, this will be coordinated with the City and their AB52 notification/consultation process.
 Prepare a Supplemental Built Environment Evaluation to properly evaluate the built environment resources for all four CRHR criteria. This document will include local and regional historical context to properly evaluate the built environment resources for CRHR criterion 1 (properties “associated with events that have made a significant contribution to the broad patterns of our history”) and criterion 2

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(properties “associated with the lives of persons significant in our past”) with a reevaluation of the built environment resources for CRHR criteria 1 and 2, taking into account relevant City studies. Existing DPR forms will be updated, if necessary, based on this review.

This scope of work assumes that consultation with Native American tribes, as may be required by AB 52, will be completed by the City. Using technical studies as provided by the project applicant, and tribal consultation per AB 52 as conducted by the City, this section will address potential impacts to tribal cultural resources directly related to Native American tribal cultures that populated the project area. The distinction for Tribal Cultural Resources is that they are described as a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place or object with cultural value to a California Native American Tribe.

Hazards & Hazardous Materials
Preparation of this section will utilize the Phase I Environmental Site Assessment and the Phase II Environmental Investigation Results, both prepared by Haley Aldrich.

Using these reports, identify the historic uses associated with the project site, as well as any hazardous materials that may be located in or around the project site. Describe the potential hazardous materials that may be introduced to the project site as a result of the project, and any impacts associated with these materials. Identify if the proposed project would interfere with any emergency response plans or expose people to hazards associated with wildland fires. Mitigation measures will be provided where necessary to reduce impacts associated with the proposed project.

Land Use & Planning
Review potential project conflicts with plans, policies or regulations adopted for the purpose of avoiding or mitigating an environmental effect will be analyzed in the EIR. This will include the 2030 General Plan, the Local Coastal Plan, the Ocean Street Area Plan, and the Zoning Code. A consistency analysis, in table format, will be prepared identifying potential conflicts with the 2030 General Plan policies.

The project site is not subject to any Habitat Conservation or Natural Community Conservation Plans and therefore will be identified as Effects Not Found to be Significant.

Utilities – Water & Energy Conservation
Potential impacts related to public services (e.g., police, fire, schools, recreation) and utility demand (e.g., water, wastewater) resulting from growth and development will be assessed in the Initial Study and “scoped out” for further review in the Draft EIR.

Updated information regarding water supply planning will be described to reflect any changes in water demands and water supplies as identified in recent City plans, including the City’s most recently adopted Urban Water Management Plan, and the City’s Water Supply Evaluation associated with the Downtown Plan Expansion Project EIR that is currently being prepared.

The section will also provide operational energy calculations, utilizing the CalEEMod results to address energy use.

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Transportation
VMT Analysis
The entirety of the project site is located within a ½ mile of a major transit stop as defined in the California Public Resources Code §21064. As such, the analysis associated with vehicle miles traveled (VMT) will be “screened out” of the EIR as an effect not found to be significant. Documentation regarding the City’s screening criteria and the project’s exemption from a detailed VMT analysis will be addressed in the Initial Study.

Transportation – Other
Qualitatively discuss potential conflicts with City policies or regulations regarding the circulation system, including transit, roadways, bicycle and pedestrian facilities.

Review project plans and qualitatively address the potential for increased circulation and operational hazards.

Alternatives
Pursuant to CEQA Guidelines Section 15126.6, provide an analysis of up to three (3) alternatives, including an analysis of the CEQA-required “No Project” Alternative. The alternatives will be developed in consultation with City staff based on the results of the impact analyses, and the analysis will include a sufficient level of detail to allow decision makers to gain a greater understanding of all alternatives should a determination be rendered to support an alternative development scenario. This alternatives section will culminate with the selection of the environmentally superior alternative in accordance with CEQA requirements.

Cumulative Analysis
Using a cumulative project list as provided by the City and Dudek, prepare a cumulative analysis, which assesses impacts of the project and other current and reasonably foreseeable future actions or projects. . This will include: 1) a description of the geographic boundary affecting a potential cumulative topic, 2) the identification of potentially significant cumulative impacts, and 3) and whether the project’s incremental contribution to an identified significant cumulative impact would be cumulatively considerable. Where applicable, identify mitigation and/or recommendations for actions by the City or other responsible agencies, which would reduce the project’s cumulative contribution.

Additional Sections
Prepare additional sections in the EIR to meet the CEQA Guidelines including the following: Significant Irreversible Environmental Changes, Effects Found Not to be Significant, Unavoidable Adverse Impacts, and Organizations and Persons Consulted / Bibliography.

Administrative Draft EIR Compilation
Assemble all completed sections into a single consolidated Administrative Draft EIR submittal (ADEIR) with appendices. The ADEIR will include figures to enhance the written text and clarify the project’s environmental impacts. The entire document will be reviewed to ensure consistent references to terms, methodology of analysis, correct use of grammar, etc.

The ADEIR will be sent to the City for review by City staff.

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Public Review Draft EIR
Screencheck and Public Review Draft EIR
Respond to the City review of the ADEIR and prepare the Screencheck Draft EIR. Based on one set of consolidated comments, prepare the Public Review Draft EIR.

Certification of the Final EIR
Administrative Final EIR
Meet and/or coordinate with City staff to review written comments on the Public Review Draft EIR and develop a strategy and framework for responding to comments. Given the fact that Kimley-Horn does not know how many comment letters and public hearing comments will be received, we have included an initial estimate of time in the project budget. Once all comments are received, review and discuss any modifications to the budget estimate with City staff.

Upon review of the comment letters and discussions with City staff, prepare an Administrative Final EIR with written responses to comments received on the Public Review Draft EIR. The Administrative Final EIR will consist of comment letters, responses to comments, and Public Review Draft EIR errata pages indicating text changes in underlined text for additions and strikeout text for deletions, with notations for the relevant response to comment. The Administrative Final EIR will be sent to the City for review and comment.

Final EIR
Respond to City comments on the Administrative Final EIR, complete necessary revisions, and prepare the Final EIR.

Mitigation Monitoring and Reporting Program
Prepare a Mitigation Monitoring and Reporting Program (MMRP) as part of the Final EIR to comply with the Public Resources Code Section 21081.6 (AB 32180). The MMRP will identify, discuss, and develop appropriate monitoring programs for any impacts that may be associated with the short-term construction and/or long-term operation and maintenance of the project.

The Executive Summary mitigation list will serve as the foundation of the MMRP for the proposed project. The MMRP will be developed using the City’s format and include the EIR reference page (where the mitigation measure is documented), , measures required to implement the mitigation measure if not explicitly stated in the mitigation, the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. Prepare a Draft MMRP, which will be submitted to the City for review at the first Administrative Draft Final EIR milestone submittal. Respond to one (1) consolidated set of City comments on the Draft Mitigation Monitoring and Reporting Program.

Public Hearings
Prepare for and attend up to two (2) Planning Commission and/or City Council meetings and respond to questions regarding the information, analysis, findings, and recommendations contained in the environmental document. Assist the City as requested with preparation of PowerPoint presentation as it relates to slides regarding the EIR.

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CEQA Deliverables
 One (1) hard copy of the Administrative Draft Environmental Impact Report, Exhibits and Technical Appendices
 One (1) hard copy of the Screencheck Draft Environmental Impact Report, Exhibits and Technical Appendices
 Four (4) hard copies of the Draft EIR and Technical Appendices  Two (2) hard copies of the Final EIR
Electronic versions of all project deliverables in their native software and pdf format Meetings and Project Management
Meetings
This task assumes attendance by the Kimley-Horn team at the following meetings:
 Project kick-off meeting via video conference (1)
 Project team conference calls (10)
 EIR Scoping meeting via video conference (1)
 Planning Commission and City Council Public Meetings (2) Ongoing Project Management
Provide on-going project management including coordination with project team and subconsultants, and coordination of meetings, conference calls, and administrative tasks. Maintain a master schedule identifying the proposed duration of each major task performed the work described herein. The schedule will be maintained on a regular basis and a copy of the updated schedule shall be provided to the Client for discussion.

Fee Estimate
A fee estimate is attached. The project will be completed on a time and materials not-to-exceed amount as shown in the fee estimate and invoiced based on Kimley-Horn’s current billing rates, which are subject to change on an annual basis (typical July 1st). A 10% contingency fee is included in the event that unexpected issues arise and/or additional work is requested. However, the contingency fee will not be used without written authorization from the City.

12.21 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 20
EXHIBIT B: FEE SCHEDULE

12.22 908 Ocean Street EIR
Fee Estimate

PROFESSIONAL FEES FOR PLANNING CONSULTING SERVICES
Project Environmental Environmental Technical Environmental Sr. Transportation Transportation Admin / Graphics TOTAL ESTIMATED Manager Planner Planner Specialist Specialist Engineer Engineer Support HOURS COST P7 P4 P1 P6 P4 P7 P4
$345 $210 $145 $260 $200 $345 $210 $125
TASKS Bill Wiseman Prathna Maharaj Mia Berg Achilles Malisos Noemi Wyss Frederik Venter Anthony Nuti Project Initiation $30,300
Research and Investigation 2 4 6 $1,530
Draft Project Description 4 2 16 8 30 $5,120
Draft and Final Initial Study 18 40 18 2 8 8 94 $20,340 Notice of Preparation 1 4 2 7 $1,435
Public Scoping Meeting (preparation) 1 4 5 $1,185
Review NOP and Refine Project Scope 2 2 $690
Administrative Draft EIR $56,830
Executive Summary 12 12 $2,520
Introduction and Purpose 6 6 $1,260
Final Project Description 2 2 $420
Environmental Analysis
Air Quality & GHG Emissions 2 40 4 18 64 $11,130
Cultural Resources 2 4 16 22 $3,850
Hazards &Hazardous Materials 2 4 16 2 24 $4,100
Land Use & Planning 1 6 2 9 $1,855
Utilities - Water & Energy Conservation 4 6 10 $2,640
Transportation 2 2 4 2 8 2 20 $4,310
Tribal Cultural Resources 1 2 8 11 $1,925
Alternatives 4 16 20 $4,740
Cumulative Analysis 2 4 12 18 $3,270
Additional Sections 2 8 10 $1,850
QA / QC 16 16 $5,520
Administrative Draft EIR (compilation) 16 4 4 4 28 $7,440 Public Review Draft EIR $11,880
Screencheck Draft EIR 8 8 16 2 2 4 40 $8,080
Public Review Draft EIR and Noticing 4 4 4 8 20 $3,800
Certification of the Final EIR $25,240
Administrative Final EIR 16 40 16 2 4 8 86 $18,770
Final EIR 8 8 4 20 $4,940
Findings and MMRP 2 4 6 $1,530
Meetings & Project Management $35,970
Project Kick-off Meeting 2 2 4 $1,110 \
Project Team Conference Calls (10) 10 10 2 2 24 $6,660
EIR Scoping Meeting (1) 4 4 8 $2,220
Public Hearings incl. prep. (2) 12 12 $4,140
Project Management / Admin. Support 40 24 24 88 $21,840 Subtotal - Labor Cost $160,220
Subconsultants and Direct Expenses $29,858
Indirect Expense Allocation (5% of KHA labor) $8,011
Pacific Legacy $20,847
Printing (outsourced) $500
Misc. Direct Expenses $500
Total Labor & Expenses $190,078
Contingency
10% of Total Labor & Expenses $ 19,008
Total with Contingency $209,086
Kimley-Horn Associates, Inc.
11/10/2023
EXHIBIT B: FEE SCHEDULE

12.23 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 21
EXHIBIT C: WORK SCHEDULE
Project Schedule
As shown in the table below, Kimley-Horn has assumed an eleven (11) month schedule from the date of contract award to final public hearings. This schedule will be further refined in coordination with the City.

Task
Duration
(months)
Project Kick-off Meeting and Data Review 1
Draft Project Description 2
Notice of Preparation 2
Administrative Draft EIR 5
Public Review Draft EIR 6
Administrative Draft Final EIR 9
Final EIR 10
Public Hearings/Approvals 11

12.24 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 22
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• 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, 1200 Pacific Avenue, Suite 90, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required as specified below.

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

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate 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. • PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

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

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

12.25 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 23
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 Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

C. OTHER INSURANCE PROVISIONS
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 policy 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, products and completed 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 and all subcontractor’s insurance coverage will be primary and non-contributory 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 and all subcontractor’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, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • 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.
• DURATION OF COVERAGE

12.26 City of Santa Cruz Professional Services Agreement for 908 Ocean Street EIR December 2023 Page 24
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work. • ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

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

D. SUBCONTRACTORS
Consultant shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. Consultant shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are named as additional insureds on insurance required from its contractor(s) and subcontractor(s).

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

12.27 ZONING / PERMIT PROCESSING
831/420-5100 • FAX 831/420-5434

COMPREHENSIVE PLANNING
831/420-5180 • FAX 831/420-5101

INSPECTION SERVICES
831/420-5120 • FAX 831/420-5434

PLANNING ADMINISTRATION
831/420-5110 • FAX 831/420-5101

PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT
809 Center Street • Room 101 • Santa Cruz, CA 95060 • www.cityofsantacruz.com Lee Butler, Director
1 REVISED/RE-ISSUED REQUEST FOR PROPOSALS (RFP)

DUE DATE EXTENSION
The City of Santa Cruz, California (“City”) is requesting proposals from qualified, experienced environmental consulting firms to assist the City with the preparation of an Environmental Impact Report (EIR) for a development project called Ocean Place (proposed project).

The EIR must analyze the impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA), commencing with Section 21000 et seq. of the California Public Resources Code.

The EIR must meet the legal requirements of a complete, legally accurate and adequate, unbiased, and objective statement of the direct, indirect, and cumulative impacts of the proposed project. The function of this document will be to provide the community, the Planning Commission, and the City Council with accurate information regarding short- and long-term impacts.

Date of Re-issuance: March 15, 2022
Due Date: March 29, 2022
Proposals shall be submitted by qualified consultants that have demonstrated verifiable experience in preparing Environmental Impact Reports, executing project management, and conducting public outreach for similar projects as outlined in the scope of work described in this RFP.

The proposals shall be addressed to:

Clara Stanger, Project Planner
City of Santa Cruz
809 Center Street
Santa Cruz, CA 95060
[email protected]
Please submit one hard copy and one electronic copy of the proposal to Clara Stanger at the email address above. Proposals must be received no later than 4:00 P.M. on, March 29, 2022.

12.28 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
2 OCEAN PLACE PROPOSED MIXED-USE DEVELOPMENT
I. PROJECT BACKGROUND
The City of Santa Cruz has received an application for a proposed Project to demolish eight commercial buildings (approximately 27,631 square feet) and 12 residential units, combine 20 lots, and construct a mixed use development consisting of 7,430 square feet of condominium commercial space and 390 dwelling units including 378 Small Ownership Units (SOU) and 12 replacement units.

The project site is located in the city of Santa Cruz and includes 20 lots that encompass the majority of the block bound by Ocean Street to the west, Hubbard Street to the north, May Avenue to the east, and Water Street to the south with a total site area of 3.84 acres. The project includes basement level parking, four stories on the Ocean Street side including ground floor commercial and three stories of residential units, and three stories of residential units on the May Avenue side, totaling 290,541 square feet. The project is surrounded by a residential neighborhood to the north and east consisting of a mix of single family and multi-family homes.

To the southeast, east, and west are a variety of commercial uses including retail, office, restaurant, and hotel.

The proposed project seeks multiple entitlements including Residential and Commercial Demolition Authorization Permits, required to allow demolition of all existing residences as well as demolition of any commercial buildings at least 50 years old; a Subdivision permit to combine the existing lots and approve a tentative map for the condominium project; a Special Use Permit, which is required to allow a mixed-use development with 10 or more residential units; a Design Permit, which is required for the construction of three or more dwellings and for any commercial structure; an Administrative Use Permit for a Parking Variation to allowed a stacked parking arrangement; a Density Bonus request for a concession/incentive to allow non-SOU

12.29 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
3 replacement units to be intermingled with SOU units within the development; and approval of a Heritage Tree Removal Permit to allow removal of eight Heritage trees.

Details regarding the proposed development are provided below, and the project plans are available on the City’s website at https://www.cityofsantacruz.com/government/citydepartments/planning-and-community-development/active-planning-applications-andstatus/908-ocean-street.

II. PROJECT DETAILS
The project site is located in the Community Commercial zone district and has a general plan land use designation of Mixed-Use Medium Density. The site is also within the implementation area of the Ocean Street Area Plan.

The project site is mapped for historical and cultural archaeological sensitivity as well as having a potential for liquefaction. There are also 12 heritage trees on the site.

The proposal is to construct a three to four story mixed use project with basement level parking, commercial uses on the ground floor along the Ocean Street frontage, and residential on the ground floor behind the Ocean Street frontage as well as on all upper floors. On the Ocean Street side, the project will be four stories and 54 feet in height (with some mechanical equipment enclosure areas exceeding this height). On the May Street frontage, the project will be three stories and 39’8” feet tall, and on the Hubbard elevation, the commercial portion of the project will be the same height as the Ocean Street elevation while the residential portion of the project will be two stories and 29’8” tall. The total proposed floor area is 290,541 square feet.

The project includes 7,430 square feet of condominium commercial space that includes five restaurant spaces ranging in size from 700 to 1,247 square feet and three retail spaces ranging from 1,026 to 1,716 square feet. The project also includes 390 dwelling units including 378 Small Ownership Units (SOUs) and 12 replacement units. The SOUs include a mix of studio and one bedroom units and range in size from 462 to 648 square feet. The replacement units include three one-bedroom units, five two-bedroom units, three three-bedroom units, and one fourbedroom unit that range in size from 800 to 1,350. The project includes 485 parking spaces and 78,122 square feet of private and common open space.

The project includes a proposal for a Density Bonusfor a concession/incentive to allow the nonSOU replacement dwelling units to be intermingled with the SOU units within the project. To qualify for the concession/incentive, the project will provide at least 10 percent of the total units to moderate-income households at an affordable ownership cost.

The applicant held three community meetings on 12/12/2018, 2/27/2019, and 6/24/2020 as required by the City’s Community Outreach Policy for Planning Projects. Comments made by the public at the community meeting included concerns about traffic and circulation for cars, bicycles, and pedestrians; architectural design and compatibility with the surrounding neighborhood; parking; mix of unit types; and affordability of units.

12.30 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
4 The reports associated with the application are attached. The plans also can be found at https://www.cityofsantacruz.com/government/city-departments/planning-and-communitydevelopment/active-planning-applications-and-status/908-ocean-street.

III. EIR SCOPE OF WORK
The proposed project will need to comply with the requirements ofthe California Environmental Quality Act (CEQA) and the City of Santa Cruz General Plan 2030 and Zoning Ordinance. The City of Santa Cruz will serve as the lead agency for the purposes of CEQA, and the EIR will managed by the Planning and Community Development Department.

The environmental scope of work includes conducting analyses, investigations, surveys, and technical studies. The applicant has provided the following technical reports: arborist report, archaeological investigation, historical resources report, geotechnical investigation and preliminary stormwater control plan. Per City requirements, the applicant will also submit a traffic and transportation report per City Public Works Department requirements. The City does not need the EIR consultant to conduct peer review of applicant studies, except for the historical resources report, which should be reviewed and supplemented, if needed, as part of the EIR analysis.

As part of preparation of the EIR, the City expects the consultant to complete the following technical analyses: air quality and greenhouse gas emissions, noise and vibration assessment, a Phase I Environmental Site Assessment, and supplemental historical resources review, if needed, as indicated above.

City staff will provide the project VMT, based on the City’s VMT model, for use in the EIR analysis.

The EIR consultant should include working with the City to determine the VMT of the project and whether it meets the City’s VMT thresholds. The applicant will submit a traffic impact analysis in accordance with City requirements. Summary of the LOS findings can be included in the EIR for informational purposes and in context of review of potential conflicts with plans, programs or policies regarding transportation systems.

For preparation of the EIR, the environmental consultant team will undertake a program of data collection in those areas in which current data is not available, not valid, or insufficient for a thorough analysis of potential impacts. The team will conduct an evaluation, and will document, the likely environmental impacts resulting from project implementation Potential topics ofspecific analysis in the EIR are expected to include an evaluation of the topics list below, although some of these issues may be adequately reviewed in the Initial Study that will be prepared as part of the EIR Notice of Preparation (NOP). • Aesthetics: potential impacts to visual quality
• Air Quality: potential construction and operating impacts on air quality • Cultural Resources: potential impacts to archaeological and historical resources • Energy: Provide project energy calculations and review of potential wasteful or unnecessary use of energy

12.31 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
5 • Geology/Soils: geologic and seismic conditions including addressing ground shaking and liquefaction potential from earthquakes
• Greenhouse Gas Emissions: potential impacts from greenhouse gas emissions • Hazards & Hazardous Materials: potential impacts due to hazards and hazardous materials
• Hydrology/Water Quality: potential impacts on hydrology and water quality including analysis of the storm water impacts
• Land Use/Planning: Project consistency with adopted City plans and policies, including the General Plan 2030, Local Coastal Program (LCP), General Plan Housing Element, and Ocean Street Area Plan
• Noise: potential construction and Project-related operational impacts on ambient noise levels
• Population, Housing and Employment: potential impacts on projected population, housing and employment
• Public Services: potential impacts to public services including schools, solid waste disposal, police, fire, and utilities
• Recreation: potential impacts on existing neighborhood facilities and regional parks • Tribal Cultural Resources: potential impacts on tribal cultural resources • Utilities/Service Systems: potential impacts on the City’s current utilities and services including, water, wastewater, and solid waste and landfill facilities.

In addition, the EIR must include discussion of growth inducing and cumulative impacts as well as significant, unavoidable impacts, if any. The EIR should also include a reasonable range of alternatives that meet the Project’s objectives including the “No Project” alternative. It is expected that up to three project alternatives, in addition to the required No Project Alternative, may be required.

Scope of Requested Services

1. Project Kick-Off Meeting and Site Visit
A. The consultant team shall attend a project kick-off meeting with City staff. Following the meeting, the team shall visit the project site.

2. Prepare Initial Study and Notice of Preparation (NOP) A. The consultant team shall prepare an Initial Study to support the NOP and also prepare the NOP. This will include review of applicant studies, as well as the City’s General Plan, LCP, Zoning Code and other relevant documents, including all documents, notes, and comments from the applicant’s community meeting, as required for Environmental Analysis. The task includes one set of revisions after City staff review of the draft Initial Study and NOP.

12.32 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
6 B. The consultant team shall coordinate with City staff regarding consultation with any other relevant agency/ies for data collection.

C. The City will prepare the distribution list for the NOP and EIR, as well as all EIR notices (NOC, NOA, NOD).

3. Conduct a Scoping Session
A. The consultant shall conduct one scoping session for the public via Zoom Digital Platform. The consultant shall prepare a summary of the verbal and written comments made at the scoping session as well as the written comments submitted in response to the notices.

4. Preparation of CEQA Documents
A. Administrative Draft EIR (ADEIR)

1. The consultant shall prepare an ADEIR for review by the City, incorporating appropriate technical studies. The consultant shall revise the ADEIR as necessary to respond to City comments.

2. One (1) hard copy and one (1) electronic copy of the ADEIR shall be provided.

B. Draft EIR

1. The consultant shall prepare a Draft EIR, supported by technical studies and pertinent environmental review information.

2. Four (4) hard copies and one (1) electronic copy of the Draft EIR shall be provided.

The electronic version shall be formatted to meet requirements for submittal to the State Clearinghouse, but the City will submit the documents to the Clearinghouse.

3. The City will develop the distribution list and Draft EIR notices and submit the Draft EIR Notice of Availability to agencies, the State Clearinghouse and any interested member(s) of the public for review. The City also will be responsible for on-site notices and legal noticesin the newspaper with the assistance of the Consultant.

C. Final EIR

1. The consultant shall prepare a document consisting of the Draft EIR with proposed revisions incorporated into the document, a chapter containing comments received on the Draft EIR received during the public review period, as well as, responses to those comments, and a summary of changes to the EIR document as a result of comments received during the public comment period. In conformance with CEQA Guidelines Section 15088, if the responses to comments make important changes in the information contained in the text of the Draft EIR, the consultant shall highlight the revisions directly in the text of the EIR.

2. Mitigation Monitoring and Reporting Program (MMRP). The consultant shall prepare an MMRP for the mitigation measures for significant impacts identified in the EIR for the project using the City’s MMRP format. The MMRP will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequency, subject to approval by City

12.33 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
7 staff. A Checklist will be prepared listing these items and providing a column for verification of compliance. Monitoring will be linked with existing processes of project design, development and review. The MMRP will be submitted to City staff for review with the Administrative Final EIR. The final MMRP will be included in the Final EIR.

3. Two (2) hard copies and one (1) electronic copy of the Final EIR shall be provided.

5. CEQA Findings and Hearings
A. The consultant shall prepare draft CEQA findings under direction of City staff, using the City’s template.

B. The consultant shall prepare to attend and participate in up to two (2) Planning Commission and/or City Council meetings and shall be prepared to respond to questions regarding the information, analysis, findings, and recommendations contained in the environmental document. Consultant shall assist the City as requested with preparation of PowerPoint presentation as it relates to slides regarding the EIR. The City anticipates meetings will be conducted via zoom or similar teleconference method, however, as circumstances change in the future, in-person meetings might be possible, so the scope should include that option.

6. Project Management
The consultant shall provide ongoing project management, including coordination with sub-consultants, City staff, other City consultants, and outside regulatory agencies that would be involved throughout the process.

Invoices
A. The consultant will submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date.

B. Invoices will contain at least the following information:
▪ The beginning and ending dates of the billing period; ▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ A Task Summary containing, for each work task, the name of the person doing the work, the hours spent by each person, and a brief description of the work.

Project Schedule
The award of the contract is anticipated to take place the week of April 11, 2022 (the date may be changed if the City does not receive adequate responses). The CEQA documentation for the project will begin shortly thereafter. The proposal shall provide a schedule for completion of the EIR and tasks through hearings.

12.34 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
8 Project Budget
All tasks within the enclosed Scope of Work shall be included within the proposal’s fee schedule.

IV. PROPOSAL REQUIREMENTS
Please submit one hard copy and one electronic copy of the proposal to the City by 4:00 P.M. on March 29, 2022. Electronic proposals may be submitted by email to [email protected] or by thumb drive. Proposals are required to provide the following information identified below. Any proposals that fail to adhere, unless deemed immaterial, will not be considered.

A. Cover letter with contact information.
▪ Contact information for the consultant team.
▪ Summary of the firm’s qualifications for this project, as well as those of any subconsultants. ▪ The cover letter must be signed by an individual authorized to bind the proposing entity to the proposal for a period of 60 days, subject to extension by request of City.

B. Project team
▪ General information about the consultant (i.e., company size, location of office(s), years in business; representative environmental analyses of private development of comparable size and complexity).
▪ Organizational chart of the project team.
▪ Names, qualifications, roles and resumes of all project team members who will directly participate in the project, including any proposed sub-consultant(s).

C. A detailed statement regarding each of the following items:
▪ Project understanding. Summary of the firm’s understanding of the issues confronting the City and the project, including potential issues which may arise, based upon the consultant’s work, independent research, and experience in this and/or other jurisdictions.
▪ An explanation of the general approach to the project, and any suggested modifications to the project tasks.
▪ A proposed work plan including a step-by-step breakdown of the tasks to be carried out, with estimates of personnel time allotted for each task. ▪ A project schedule indicating the proposed timeframe in which specific tasks will be completed, including major milestones. Breakdown of project tasks and completion deadlines, providing the number of weeks necessary to complete various stages of the environmental analysis and CEQA process, including meetings with City staff and time for City review of draft documents. The schedule must indicate all milestones and the critical path necessary for the project.

12.35 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
9 ▪ Project Cost: The cost should be broken down by personnel for each task in the work plan for a total not-to-exceed cost.
▪ A minimum of three (3) references, from within the past five (5) years, for which the consultant has provided consulting services (preferably of a project similar to the one that is the subject of this RFP), including email address and telephone number of each, identifying a contact person with whom the firm has provided similar services, and including a description of projects completed.
▪ A minimum of three (3) examples of completed EIRs from within the past five (5) years. This can be provided as links to online documents. ▪ Attached as an example of the City’s standard Professional Services Agreement (PSA) and insurance requirements. If the respondent has any modifications to the current PSA or Insurance requirements, provide a statement of proposed modifications to the PSA.

V. PROPOSAL FEE AND PAYMENT SCHEDULE
Respondents are requested to submit Proposal Costs in a “menu” format to permit item-byitem cost identification. The costs should be presented in a format that allows identification of total costs for the EIR. Responding party shall also provide rates for additional services if requested by the City (e.g., attending additional meetings / hearing).

VI. CONSULTANT SELECTION PROCEDURE
A. EVALUATION CRITERIA
The City of Santa Cruz desires a work product that is reflective of the needs of the City, applicants and surrounding residents and businesses. The consultant should demonstrate not only an ability analyze environmental impacts in accordance with the requirements of the California Environmental Quality Act, but also to be a problem solver, amenable to input from staff, the City’s consultant who will oversee the process, the applicant and the public, and capable of providing objective information to respond to comments on the environmental document.

A favorable response from references regarding timeliness, meeting deadlines, application of applicable law and regulations, and providing objective analysis will be an important factor. The intent is to gauge the general skills of the firm, the specific talents of key personnel and the quality of products previously produced. All proposals will be evaluated using the following criteria:
▪ Adequate technical resources for performance
▪ Demonstrated qualifications of the project manager and assurance of her or his principal involvement in the project until its completion ▪ Demonstrated familiarity with and concern for the specific issues of the City and the project site

12.36 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
10 ▪ Quality and completeness of proposal and information provided by references ▪ Quality of the proposed services to be provided
▪ Ability and experience of team members assigned to work on the project ▪ A satisfactory record of ability and performance in other similar projects ▪ Technical experience in performing work of a closely similar nature ▪ Methodology and work program, including knowledge of local needs and the ability to work closely with City staff, the project team, Planning Commission and City Council
▪ Consultant availability, including ability to attend and participate in public and staff-level work meetings
▪ Creativity and insight of proposal
▪ Timing of work program and ability to perform the work within the time specified ▪ Project cost (fee proposal)
▪ Ability to produce high-quality and easy-to-read graphic information ▪ Ability and experience to work closely with City staff, applicant team, City Council, and the community and other interested stakeholders.

B. EVALUATION PROCEDURE
Evaluation of the proposals will be performed by City staff who will assess the qualifications, experience and ability to perform the work of each consultant based on the criteria listed above. An oral interview with one or more of firms may be requested after written proposals have been received and reviewed by the City. At the time of the interview, representatives of the consulting firm shall be prepared to clarify and elaborate on the details set forth in the firm’s proposal.

The City reserves the right to negotiate directly with any party responding to this RFP and may enter into a contract with any responding party. The City reserves the right to award a contract to the firm that presents the proposal that, in the sole judgement of the City, best accomplishes the desired results. Overall, this is a qualifications-based procurement and cost shall notserve asthe sole basis of any contract award to a consultant. The City also reserves the right to reject any and all proposals and waive any informality or irregularity in the proposals.

The City of Santa Cruz will administer the contract. Consultants whose proposals have not been awarded shall be so notified.

VII. GENERAL INFORMATION FOR PROPOSALS
▪ The proposal shall be signed by an authorized official of the firm. All costs incurred in the preparation of the proposal shall be the sole responsibility of the proposing entity.

12.37 REQUEST FOR PROPOSALS
An EIR for 908 Ocean Street
11 ▪ The City reserves the right to reject any and all proposals and to request additional information concerning any proposal for purposes of clarification. ▪ If awarded a contract, the consultant shall maintain insurance coverage, including worker’s compensation, reflecting the minimum amounts and conditions specified by the City.
▪ The final terms and scope of the contract shall be arranged on the basis of professional negotiations between the City and the prospective consultant. If the City and the prospective consultant fail to reach a contractual agreement, the City may then renegotiate with any other consultant.
▪ The consultant will comply with access of records, conflict of interest, and other provisions as required.

VIII. TERMS AND CONDITIONS
Issuance of this RFP does not commit the City to award a contract for services or to pay any costs incurred in the preparation of a response to this request. The City retains the right to reject any and all submittals. Once submitted, the proposals become the property of the City.

IX. ESTIMATED SELECTION PROCESS TIMELINE
Project Benchmarks Date
RFP Re-Issuance March 15, 2022
Proposals Due March 29, 2022
Contract Awarded Week of April 11, 2022

12.38 City Council

AGENDA REPORT
DATE: 11/15/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Public Works
SUBJECT: Award Contract for Active Transportation Program (ATP) Cycle 6 Noninfrastructure Education and Encouragement Programming (PW) RECOMMENDATION: Motion to award a contract for the purchase of Non-infrastructure Education and Encouragement Programming from Ecology Action (Santa Cruz, CA) in the amount of $992,000. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved project budget.

BACKGROUND: The California Transportation Commission (CTC) awarded $992,000 in Active Transportation Program grant funding to the City of Santa Cruz (City) for the NonInfrastructure (NI) component of the Coastal Rail Trail Segments 8 and 9 project. The NI funding will be used to support bicycle and pedestrian education at schools and in the community surrounding the project. Public Works is seeking Council approval to award a contract with Ecology Action for completion of the project within the scope and schedule defined.

The Coastal Rail Trail Segments 8 and 9 project includes approximately 2.2 miles of multi-use trail from the wharf in the City to 17th Avenue in Santa Cruz County built within the Regional Transportation Commission (RTC)-owned Santa Cruz Branch Rail Line corridor. The project is part of the larger Monterey Bay Sanctuary Scenic Trail (MBSST) Master Plan. This project is located in both the City and County of Santa Cruz.

Staff submitted a grant application to the California Transportation Commission (CTC) for the 2023 Active Transportation Program (ATP) Cycle 6 for $35,766,000 in grant funds, matched with $5 million in City, County, and SCCRTC Measure D funds. Of the total grant request, $992,000 was allocated for a non-infrastructure (NI) bicycle and pedestrian education and encouragement program at schools and within the community in both the City and County of Santa Cruz. The purpose of including the NI request in the grant application was to provide programming to prepare local school children and the community to safely use the trail when completed.

The California Transportation Commission (CTC) allocated $992,000 to the City for the Rail Trail Segments 8 and 9 Non-Infrastructure project as part of Resolution FATP-2324-03 at the August 16-17, 2023 CTC meeting.

13.1 Ecology Action is a Santa Cruz-based environmental non-profit that specializes in active transportation, particularly around Safe Routes to Schools (SRTS), and has roughly forty years of experience delivering bicycle and pedestrian education programming throughout the region.

The City has a long history of partnering with Ecology Action to realize environmental and active transportation goals. Most recently, the City hired Ecology Action to perform a similar scope of work for the ATP Cycle 5 grant at Bay View Elementary. The County has contracted with Ecology Action for their complete Active Transportation Plan and existing grant funded non-infrastructure school and community-based programming.

DISCUSSION: Section 3.08.150 of the Purchasing Ordinance allows the Purchasing Manager to award a contract without competition when there is only one source for the required item/service.

City staff lack the adequate bandwidth and expertise to successfully implement a bicycle and pedestrian education and encouragement program of this magnitude. Therefore, consultant support is recommended to successfully deliver the goals outlined in the ATP grant award.

Ecology Action is the only consultant with the necessary experience, local knowledge, specialized skill set, and staffing resources capable of delivering such a large, multi-year bicycle and pedestrian education and encouragement program.

Ecology Action developed the City of Santa Cruz Safe Routes to School Complete Streets Master Plan and the County of Santa Cruz Active Transportation Plan, engaging in planning work for most of the schools covered by the proposed non-infrastructure project. Through this work, they are intimately familiar with the City and County’s existing and proposed active transportation infrastructure and the riding and walking conditions specific to each school, and can thus provide customized and specialized training at each school that is relevant to the particular challenges and needs of the students. As a local non-profit embedded in the community, Ecology Action also has long-standing relationships with local schools and staff that will enable them to successfully integrate the bicycle and pedestrian education programming as part of the standard school day, maximizing exposure for students. Finally, Ecology Action is the only local vendor that can meet the City’s requirements to provide bilingual Spanish/English) and League Cycling Instructor certified staff at all events.

Typically, an RFP would be required prior to awarding a consultant contract of this magnitude.

However, staff are recommending Council approval for a Single Source justified contract with Ecology Action (Attachment) due to their unique capabilities that stem from their prior experience developing the City’s Safe Routes to School Complete Streets Master Plan and County’s 2022 Active Transportation Plan and their decades of experience delivering bicycle and pedestrian education programming throughout Central California as noted above. In order for another consultant to develop the same level of specialized experience, knowledge, and unique capabilities, they would have to invest substantial amounts of work which would need to duplicated at the City’s expense, increasing costs for this grant-funded work. Staff negotiated the proposed contract with Ecology Action so that they provide all of the grant requirements, including project management and administration, without exceeding the grant funding.

The Purchasing Manager concurs that Ecology Action is the only company able to provide Noninfrastructure Education and Encouragement Programming.

FISCAL IMPACT: There is no impact to the General Fund.

13.2 Prepared By:

Claire Gallogly
Transportation Planner
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ECOLOGY ACTION SCOPE OF WORK.PDF

2. DRAFT PROFESSIONAL SERVICES AGREEMENT.DOCX

3. SINGLE SOURCE JUSTIFICATION MEMO.DOCX

4. FUNDING AGENCY CONCURRENCE DOCUMENTATION.PDF

13.3 Santa Cruz Rail Trail Segments 8 and 9 NonInfrastructure Components October 2023

13.4 Introduction
Ecology Action is pleased to submit to the City of Santa Cruz a Scope of Work to implement comprehensive Community and Safe Routes to School Education and Encouragement programing. Our signature programs will reach students, the school community, and neighborhood residents to engage and train them on the positive safety and health impacts of safe walking and biking. Ecology Action shares the City’s mission of advancing a transportation system that enhances mobility, safety, access, and environmental quality and supports a thriving economy throughout Santa Cruz County. We are grateful for this opportunity to provide this vital safety program for City of Santa Cruz’s residents.

Founded 53 years ago, Ecology Action is a Santa Cruz-based environmental nonprofit that has developed, delivered, and administered more than $30M in grant- and contract-funded programs annually throughout Monterey Bay and California. Our field team is able to focus 100% on delivery because of the management, development, fiscal, human resources, marketing, and information technology support teams behind them.

Demonstrated Knowledge
Ecology Action: From Grassroots Action to Industry Leader Ecology Action grew out of the social, political, and environmental activism that swept through California in the late 1960s and early 1970s. Founded in 1970, its earliest initiative was the establishment of Santa Cruz’s first recycling center. Ecology Action is now the largest and leading environmental nonprofit organization in Santa Cruz County, with a staff of more than 100 that helps people reduce energy use, conserve water, and incorporate sustainable modes of transportation into their daily lives. We have steadily grown core programs like Bike Month, the longest-running (35+years) and largest bike-encouragement program in the Monterey Bay area, through our collaboration with local partners who share our dreams of a thriving people and planet. Since 1970, Ecology Action has matured into an industry leader that engages the community to bring about positive changes to the economy and environment.

Local Knowledge and Experience
Over the last four decades we have delivered many programs tailored to individuals’ unique needs, from the customers we serve to our partners, our community, and our planet.

Local Knowledge/Local Teams: Our non-profit was founded and is based in Santa Cruz County. In addition to having established strong relationships with local schools and local

13.5 partners, many of our staff live locally and have first-hand experience navigating local sidewalks and streets as pedestrians and bicyclists.

Staff: We guarantee bi-lingual (English/Spanish-speaking) staff and materials for all our transportation programs to ensure our lessons are understood by the majority of local residents. Our program staff are League of American Bicyclists Certified Instructors (LCIs), guaranteeing proficiency and excellence in the delivery of bicycle safety education for both adults and youth alike. Having staff that actually bike and walk our streets aids in our ability to implement relevant infrastructure pop-up demonstrations and marketing campaigns.

Decades of Experience Providing Safe Routes to School Locally Bike Safe: Our Bike Safe program has been operating in Santa Cruz County for two decades. Annually, we provide nearly 70% of Santa Cruz County elementary schools with bicycle safety education. We have strong and long-standing relationships with the majority of local schools and the teachers/students know they can expect our programs’ presence year after year. Our programs have developed in the context of the local schools, and we’ve adapted our program to best meet the needs of local students. We bring a fleet of bicycles in various sizes and helmets to every school site to ensure students can practice on a bicycle for the duration of the rodeo, even if they are unable to bring a bike from home. We schedule our trainings during the regular school day to ensure that all grade-level students are able to participate and learn, not just a small, self-selected group that has time after school or on weekends. Additionally, we recognize that many local students have not yet learned how to ride a bike, so we’ve adapted our bicycle rodeos to provide learn-to-ride trainings for our newest riders. After participating in our program, most students are thrilled to find they are suddenly able to ride. Finally, our Bike Safe program is predicated on the importance of inclusivity and provides tailored bicycle safety presentations and rodeos for Special Day Classes, so that all students are able to participate in this fun, interactive school activity.

Walk Safe: The Walk Safe program was developed by Ecology Action in collaboration with the County of Santa Cruz Health Services Agency to provide experiential, on-the-ground pedestrian safety practice for the students of Santa Cruz County. Developed seven years ago, the Walk Safe program now serves nearly 70% of Santa Cruz County elementary schools annually. As with Bike Safe, we have established relationships with the teaching and administrative staff, allowing us to schedule year after year. We provide tailored programming to best serve each school based on the surrounding neighborhood and we offer training for Special Day Classes as well.

Bike and Walk to School Day: Ecology Action has coordinated the Santa Cruz County Bike and Walk to School Day program for more than twenty-five years and now serves

13.6 approximately 45 schools annually. In addition to having established relationships with the administrative staff at all school sites, we coordinate with dozens of community volunteers at every event to ensure a robust community experience. We have an established relationship with the Santa Cruz County Regional Transportation Commission, ensuring support during non-grant funded years, so that schools and the community can depend on the program continuing year after year. We offer the Bike and Walk to School Day countywide event in conjunction with the more adult-focused Santa Cruz County Bike Month (May) and Santa Cruz County Biketober in October. The community events include a robust marketing and promotion presence.

A Local Non-Profit Leader in Providing Community-Based Active Transportation Programming
Adult and Community Programming: Ecology Action has been delivering popular, inclusive bike encouragement programs in Santa Cruz County for 35 years. The foundation of our adult-based programming has been the management and implementation of Santa Cruz County’s Bike to Work Day, which has been held annually since 1987. Over the past few decades of implementation, we’ve continually modified and adapted the programming to meet the needs of each generation, continued to innovate with new trends and technology, and continued to push for greater adoption of cycling as a regular and comfortable means of transportation.

For the past five years, we have incorporated the online Love to Ride platform as a userfriendly, digital trip tracking and behavior change tool to support riders at each step of their riding journey. This platform enables commuters to log their rides, set goals, join a workplace, and receive communications tailored to their rider level. We leverage incentives social norming, and friendly competition to encourage ridership on this community based online platform.

Additionally, we have many years of experience and a proven track record of providing educational adult-based bike safety and commuting workshops, on-bike safety trainings and group rides, e-bike demos, and bike repair clinics. Our list of local partners is long:
including the City of Watsonville, City of Santa Cruz, Santa Cruz County Regional Transportation Commission, County of Santa Cruz, Watsonville Police Department, and University of California Santa Cruz, to name a few. We leverage our strong partnerships to ensure our programs address local challenges and support local residents in choosing lowcarbon transportation.

Pop-Ups – Ecology Action was the first agency to bring the infrastructure pop-up concept to fruition in Santa Cruz County. In recent years, we have partnered with the County of Santa Cruz Public Works Department and the County of Santa Cruz Health Services Agency to create pop-up infrastructure demonstrations in the unincorporated areas of Santa Cruz

13.7 County. Our team has also partnered with the Transportation Agency of Monterey County to install a handful of pop-ups in our neighboring county. Our team has the first-hand experience to successfully coordinate, implement, and promote the pop-up projects, and can successfully collect community feedback to inform partners on preferred long-term infrastructure recommendations.

Scope of Work
Task 1: Safe Routes to School Education
Facilitate pedestrian and bicycle safety education programs for elementary and secondary school students at schools located near Segments 8 and 9 of the Monterey Bay Scenic Sanctuary Trail Network. At least one staff member will be bilingual (Spanish/English) and a League of American Bicyclist certified instructor for each field trip or rodeo. Outreach, programming, event, and meeting materials/literature will be bilingual (Spanish/English).

All programs will be scheduled and conducted in partnership with school officials so that activities are conducted during standard class time. Programs will be coordinated/in collaboration with other Safe Routes to School (SRTS) and bicycle-pedestrian education/training in the area to maximize outreach and accessibility.

Task 1.1: Pedestrian safety presentations for approximately 28 2nd grade classes (approximately 7 classes per year over 4 years). Instruction will cover safe transportation to school, navigating traffic and intersections, and sidewalk safety. Schools included: Gault Elementary, Live Oak Elementary, and Del Mar Elementary.

Deliverables: Log of presentation, events, photos, number of students served, and evaluation activity results.

Task 1.2: Approximately 28 pedestrian safety field trips for 2nd or grade students (approximately 7 field trips per year over 4 years). Field trips build on class instruction and are interactive and experiential bringing students out to community sidewalks and crosswalks. This enables students in pairs to cross intersections independently with adult supervision. This experiential learning focuses on safe transportation to school, navigating traffic and intersections, and sidewalk safety. Field trips to have approximately 5:1 student to instructor ratio.

Deliverables: Log of field trip events, photos, number of students served, and evaluation activity results.

Program Costs for Task 1.1 and 1.2: $58,030.84

13.8 Task 1.3: Bicycle safety presentations for approximately 32 5th grade classes (approximately 8 classes per year over 4 years). Instruction will cover safe transportation to school, rules of the road and bike paths, safety equipment, helmet wearing, safe riding, navigating traffic and intersections, hand signaling, and safety near cars. Schools included:

Gault Elementary, Live Oak Elementary, and Del Mar Elementary.

Deliverables: Log of presentation events, photos, number of students served, and evaluation activity results.

Task 1.4: Approximately 32 bicycle safety rodeos for 5th grade students (approximately 8 rodeos per year over 4 years). Rodeos will build on class instruction and incorporate safe riding, hand signals, communicating with drivers, and simulated traffic and intersections.

We use experiential learning and individualized coaching. Bikes and helmets will be available for all rodeo participants to borrow, as necessary. Proper bicycle size to be ensured for all students. Helmets are adjustable and instructors ensure safe fit for all students. Rodeos will have approximately 5:1 student to instructor ratio. First time rider instruction is provided to students who have no prior knowledge of riding a bicycle.

Deliverables: Log of rodeo events, photos, number of students served, and evaluation activity results.

Program Costs for Tasks 1.3 and 1.4: $76,120.32
Task 1.5: Approximately 20 bicycle safety for all 6th or 7th grade students (approximately 5 assemblies per year over 4 years). Assemblies will build off curriculum introduced during the Bike Safe program provided during the students’ 5th grade experience. Schools included: Shoreline Middle School.

13.9 Deliverables: Log of presentation, events, photos, number of students served, and evaluation activity results.

Program Cost for Task 1.5: $43,200.40
Task 2: Safe Routes to School Encouragement
Organize and facilitate bi-annual bike/walk to school day activities held at elementary, middle, and high schools, tailored to each school’s population and needs, that
encourage students and community members to engage in
safe, active transportation. Outreach, programming, event, and meeting materials/literature will be bilingual
(Spanish/English). Programs will be coordinated/in
collaboration with other Safe Routes to School (SRTS) and bicycle-pedestrian education/training in the area to
maximize outreach and accessibility.

Tasks 2.1: Meet with school administration and
community to engage with staff, parents, and community
members to coordinate bi-annual bike/walk to school day activities.

Deliverables: List of meetings, number of school site
volunteers or coordinators.

Tasks 2.2: Coordinate and host two Bike and Walk to
School events per school year at 4 school sites over 4 years, for approximately 32 events total (2 events/year/school x 4 years x 4 schools).

Deliverables: Log of event dates, number of attendees, photos, copy of marketing collateral.

Program Costs for Task 2.1 and 2.2: $73,495.36
Task 3: Community Education, Encouragement, and Engagement Programs Organize and facilitate a suite of bicycle and pedestrian safety and education programs targeted toward low-income and minority community members. Staff are League Cycling Instructor (LCI) certified. At least one staff member will be bilingual (Spanish/English) per event or workshop. Outreach, programming, event, and meeting materials/literature will

13.10 be bilingual (Spanish/English). Programs will be coordinated/in collaboration with other Safe Routes to School (SRTS) and bicycle-pedestrian education/training in the area to maximize outreach and accessibility.

Task 3.1: Conduct 4 Senior Education workshops per year for 4 years, which include traffic safety presentations. We will offer an experiential learning component by providing a fun, active field trip. We will reach out to a variety of local senior groups and service agencies to recruit participants. Participants will be encouraged and empowered to continue walking and/or biking groups beyond event dates.

Deliverables: Approx. 16 presentations. Log of Workshop Events, Photos, Number of Attendees, and Evaluation Activity Results.

Program Cost for Task 3.1: $41,997.44
Task 3.2: Provide parents and community members with Urban Bicycling Presentations, covering the basics of biking, geared to low-income and minority populations.

Deliverables: Approx. 12 presentations. Copies of Presentation Schedules, Photos, Number of Attendees, and Evaluation Activity Results.

Program Cost for Task 3.2: $31,498.08
Task 3.3 Provide parent and community members with on-bike safety training, geared to low-income and minority populations.

Deliverables: Approx. 8 school family-based
bicycle rodeos. Number of Attendees, Photos,
and Evaluation Activity Results.

Program Cost for Task 3.3: $32,591.76
Task 3.4 Provide basic bike maintenance and
checklist of bigger maintenance tasks to parents and
families of students during a defined event.

Deliverables: Approx. 8 school family-based
bicycle maintenance events. Number of
Attendees/Repairs Completed, Photos, and
Evaluation Activity Results.

Program Cost for Task 3.4: $32,372.96

13.11 Task 3.5 Host 8 family bike rides to school, geared to low-income and minority populations.

Deliverables: Approx. 8 guided group rides to school. Log of Event Dates, number of attendees, map of routes, and Photos.

Program Costs for Task 3.5: $33,685.44
Task 3.6 Host 4 community-based fun, family bike ride, geared to low-income and minority parents and families.

Deliverables: Approx. 4 community-based school family-based group rides. Number of Attendees, Map of Routes, and Photos.

Program Costs: $17,717.64
Task 3.7 Develop and implement month-long Love to Ride Bike Challenges, tailored to better engage the low-income and Spanish-speaking community in the Seabright and Live Oak Neighborhoods of Santa Cruz County (2 per year x 4 years).

Deliverables: 8 bike challenges (October and May x 4 years). Event Dates, Number of Participants, Activity Results.

Program Cost for Task 3.7: $300,000.00
Task 3.8 Design and implement an annual outreach campaign, utilizing a variety of communication channels, emphasizing the joy, ease and rewards of biking, with the goal of encouraging more low-income and Spanish-speaking residents to bike.

13.12 Deliverables: Copy of marketing collateral, Number of residents engaged per activity.

Program Cost for Task 3.8: $100,000.00
Task 3.9 Facilitate CBO participation in all program activities to expand reach and depth of bicycle safety and encouragement activities, especially for low-income and minority parent and family of students.

Deliverables: Log of CBOs engaged, and activities completed. Number of residents engaged and photos.

Program Cost for Task 3.9: $80,000.00
Task 4: Project Management and Administration
Manage coordination, oversight, administration, and billing for project. Ecology Action will maintain communication with the City of Santa Cruz on an on-going basis throughout all phases of the project. Will track project scope, schedule, and budget. Will coordinate with other consultants and agencies if applicable. Will ensure compliance with all grant requirements related to this work or the work of any sub-consultants.

Task 4.1: Invoice monthly for tasks, events, administration, and other project costs.

Provide statements and reports necessary to satisfy grant obligations. Ecology Action will submit invoices based on time and materials expensed for the project. Billing rates will utilize approved Caltrans Indirect Cost Allocation Plan (ICAP).

Deliverables: Invoices and Reports
Task 4.2: Host quarterly partner meetings, providing meeting notes and sign-in sheets.

Deliverables: Meeting Notes and Sign-in Sheets
Task 4.3: Oversee budget, contracts, sub-consultants, and other reports.

Deliverables: Contracts, Consultant Invoices and Reports Program Costs for Tasks 4.1-4.3: $71,289.76

13.13 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 1
Professional Services Agreement With

ECOLOGY ACTION
For RAIL TRAIL SEGMENTS 8 & 9 NI-COMPONENT
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Ecology Action (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of December 15, 2023 (the “Effective Date”).

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

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

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

13.14 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $992,000 without advance written City authorization in the form of an amendment or change order.

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

All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
This Agreement is contingent upon the appropriation of sufficient funding by the City for the services covered by this Agreement. If funding is reduced or deleted by the City for the services covered by this Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City agrees to reimburse Consultant and Consultant’s employee(s) for only authorized travel expenses, as indicated by a mark below, and according to the City’s Travel Reimbursement Policy. It is expected that all travel expenses incurred by Consultant while conducting activities on behalf of the City will be at reasonable rates and that Consultant and Consultant’s employee(s) will exercise prudence in incurring these expenses.

The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee Schedule. ☐ Meals: Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
 Travel before 8:00am qualifies for breakfast reimbursement.  Travel between 8:00am – 1:30pm qualifies for lunch reimbursement.  Travel between 1:30pm – 7:00pm (or later) qualifies for dinner reimbursement.

13.15 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 3
 Days between hotel stays and days starting before 8am and ending after 7pm, qualify for the full GSA Meals & Incidental per diem rate.
☒ Ground Transportation: Ground transportation is reimbursable when it is for travel between the Consultant’s place of business, an airport, or Santa Cruz hotel, as applicable, to the City work location.

1. Reasonable fees for taxis, shuttles, buses, trains, light rail, ride hailing services (Uber, Lyft or other), and similar modes of transportation will be reimbursed. Receipts are required for reimbursement.

2. When using vehicles owned by Consultant or Consultant’s employer:
 Mileage will be reimbursed at the current IRS mileage rate.  Evidence of automobile liability insurance meeting the City’s requirements must be provided.  Maps showing starting point, City work location, and total miles are required for reimbursement.

3. Use of car rentals are reimbursable when:
 Travel is necessary from an airport to the City work location.  The rental reservation is made as far in advance as is practical and the lowest possible price is obtained.  Insurance coverage is included, and the car is returned with a full tank of gas.  The smallest vehicle necessary is rented.
 Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
 Receipts are required for reimbursement.
☐ Airfare: Airfare is reimbursable when the Consultant’s place of business, or Consultant’s employee’s home, is more than 250 miles away from Santa Cruz.
 Airfare must be lowest available coach class fare. Flights may be non-stop.  Airfare must be booked as far in advance as is practical.  Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.
 Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
 If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
 Receipts are required for reimbursement.
☐ Lodging: Lodging is reimbursable when the Consultant must work on site for two or more consecutive days and the Consultant’s place of business or personal residence, is more than 60 miles away from Santa Cruz.  Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel).  Costs for hotel rooms above this rate are the responsibility of the traveler.  Receipts are required for reimbursement.

General Rule

1. Travel expenses not listed or checked above will not be reimbursed.

2. Travel reimbursements are paid after the completion of travel. There are no travel advances.

3. Exceptions to any of the above requirements require advance written permission from the Director or City’s designated agent contracting with the Consultant.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Consultants will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any reimbursement request the City has determined to be excessive or an inappropriate use of public funds.

13.16 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 4
SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating on June 30, 2027.

Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

The Work Schedule for completion of the work shall be as shown upon Exhibit C. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.

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

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

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

The invoice of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

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

13.17 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 5
In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.

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

SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager/Key Staff. Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. Consultant shall replace the project manager or key staff upon Director’s request due to Director’s concern about their performance, or City shall have the right to terminate this Agreement. Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.

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

13.18 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 6

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

Consultant acknowledges and agrees that the work product shall be considered a work made for hire within the meaning of the patent and copyright laws of the United States; and Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable.

13.19 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 7
related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

13.20 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 8
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or subcontractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five (5) years from the date of the final City payment for Consultant's services, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations. Consultant further agrees to comply with the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Ordinance chapter 3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor.

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

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

13.21 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 9

13.22 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 10

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

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

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

26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) priority U.S. Mail, in which case notice shall be deemed delivered

13.23 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 11
on the second business day after the deposit thereof with the U.S. Postal Service. Notices shall be addressed to recipient as follows:

To CITY:

City of Santa Cruz Public Works
Claire Gallogly
809 Center Street Rm 201
Santa Cruz CA 95060
[email protected]
831-420-5107
To CONSULTANT:

Business Name
Consultant Contact Name
Address
Email/Phone
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

13.24 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 12
Approved As To Form:

By: ______________________________ Date: __________________ Office of the City Attorney

CITY OF SANTA CRUZ
By: ______________________________ Date: __________________ Matt Huffaker
City Manager

CONSULTANT
By: ______________________________ Date: __________________ Printed: ___________________________ Title: __________________

13.25 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 13
EXHIBIT A: SCOPE OF WORK
INSERT SOW FROM Ecology Action here

13.26 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 14
EXHIBIT B: FEE SCHEDULE
Task 1: Safe Routes to School Education: Facilitate pedestrian and bicycle safety education programs for elementary and secondary school students at schools located near Segments 8 and 9 of the Monterey Bay Scenic Sanctuary Trail Network. At least one staff member will be bilingual (Spanish/English) and a League of American Bicyclist certified instructor for each field trip or rodeo. Outreach, programming, event, and meeting materials/literature will be bilingual (Spanish/English). All programs will be scheduled and conducted in partnership with school officials so that activities are conducted during standard class time. Programs will be coordinated/in collaboration with other Safe Routes to School (SRTS) and bicycle-pedestrian education/training in the area to maximize outreach and accessibility.

Total Task 1: $177,352
Task 2: Safe Routes to School Encouragement: Organize and facilitate bi-annual bike/walk to school day activities held at elementary, middle, and high schools, tailored to each school’s population and needs, that encourage students and community members to engage in safe, active transportation. Outreach, programming, event, and meeting materials/literature will be bilingual (Spanish/English). Programs will be coordinated/in collaboration with other Safe Routes to School (SRTS) and bicycle-pedestrian education/training in the area to maximize outreach and accessibility.

Total Task 2: $73,495
Task 3: Community Education, Encouragement, and Engagement Programs: Organize and facilitate a suite of bicycle and pedestrian safety and education programs targeted toward low-income and minority community members. Staff are League Cycling Instructor (LCI) certified. At least one staff member will be bilingual (Spanish/English) per event or workshop. Outreach, programming, event, and meeting materials/literature will be bilingual (Spanish/English).

Programs will be coordinated/in collaboration with other Safe Routes to School (SRTS) and bicycle-pedestrian education/training in the area to maximize outreach and accessibility.

Total Task 3: $669,863
Task 4: Project Management and Administration: Manage coordination, oversight, administration, and billing for project. Ecology Action will maintain communication with the City of Santa Cruz on an on-going basis throughout all phases of the project. Will track project scope, schedule, and budget. Will coordinate with other consultants and agencies if applicable. Will ensure compliance with all grant requirements related to this work or the work of any subconsultants.

Total Task 4: $71,290

13.27 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 15
EXHIBIT C: WORK SCHEDULE
[Fill in individually for each agreement or insert from Consultant’s proposal.]

13.28 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 16
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 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, 1200 Pacific Ave., Suite 290, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
 Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required as specified below.

Coverage will be at least as broad as:
 COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate 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.  PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

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.

13.29 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 17
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 Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

C. OTHER INSURANCE PROVISIONS
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 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, products and completed 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).
o PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory 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 and all subcontractor’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, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.  EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.  DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed

13.30 City of Santa Cruz Professional Services Agreement for Rail Trail Segments 8 & 9 NI-Component October 2023 (Form Rev.01/23 ) Page 18
Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.  SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

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

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.  VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy (and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) 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.

13.31 MEMORANDUM
DATE: November 1, 2023
TO: Elizabeth Millwee, Purchasing Manager
FROM: Claire Gallogly, Transportation Planner
SUBJECT: Single Source Justification for Contracting with Ecology Action for Professional Services for Active Transportation Program Cycle 6 Non-Infrastructure Education and Encouragement Programming Pursuant to the City’s need for contracted professional services for non-infrastructure education and encouragement programming. The Public Works Department reached out to the Purchasing Manager to discuss procurement options. Public Works Department staff explained that the work being conducted for this contract is being funded by a grant awarded to the City of Santa Cruz by the California Transportation Commission (CTC). Staff further explained that one element of this grant is noninfrastructure education and encouragement programming at schools and in the community. This work includes a multiyear program of in-person, bilingual school and community-based programming within both the City and County of Santa Cruz. Public Works staff have presented a recommendation to contract with Ecology Action for professional services for non-infrastructure education and encouragement programming as they have the unique experience that is unable to be replicated by any other firms.

Ecology Action is the only consultant with the necessary experience, local knowledge, bandwidth and staffing resources capable of delivering such a large, multi-year bicycle and pedestrian education program.

This includes:
 Ecology Action has designed and delivered the programming called for in this grant application at schools and community events within the Santa Cruz County Community, including in schools and in partnership with existing community based organizations.  Staff confirmed with the granting agency California Department of Transportation (Caltrans) that approved this single source procurement in writing. See attachment “Attachment A – Written Approval of Single Source Procurement by Granting Agency Caltrans”.  Wrote the Santa Cruz City Schools Complete Streets Master, including working within the school and parent networks of the schools included in this application and unique knowledge and experience in the local environment.
 Wrote the County of Santa Cruz Active Transportation Program, including working within the school and parent networks of the schools included in this application and unique knowledge and experience in the local environment.
 As a local non-profit embedded in the community, Ecology Action also has long-standing relationships with local schools and staff that will enable them to successfully integrate the bicycle and pedestrian education programming as part of the standard school day, maximizing exposure for students.
 Ecology Action is the only local vendor that can meet the County’s requirements to provide bilingual (Spanish/English) and League Cycling Instructor certified staff at all events.

In order for another consultant to develop the same level of specialized experience, knowledge, and unique capabilities, they would have to invest substantial amounts of work which would need to be

13.32 MEMORANDUM
duplicated at the City’s expense, increasing costs for this grant-funded work. Due to the specialized nature of this work, and the resources provided by the vendor to achieve this performance-based scope of services, Public Works staff have determined that there is inadequate competition. Staff negotiated the proposed contract with Ecology Action so that they provide all of the grant requirements, including project management and administration, without exceeding the grant funding.

As part of the city’s purchasing processes, a “Single Source” may be authorized when a good or service needs to be procured timely without a formal process. After discussions with Public Works Department staff, the proposed work meets the definition of a Single Source scenario.

The pricing provided in Attachment B – Scope of Work for ATP Cycle 6 Non-Infrastructure Education and Encouragement Programming has been evaluated and determined to be fair and reasonable based on the previously bid projects completed by the Public Works Department. The City of Santa Cruz previously released an RFP in August 2023 for a smaller scale non-infrastructure education and encouragement activities and Ecology Action was the only respondent to that solicitation. Further, Ecology Action has an approved Indirect Cost Allocation Plan (ICAP) on file with Caltrans, the granting agency, documenting that their overhead expenses are reasonable and acceptable. Using staffing rates from work Ecology Action did for the City of Santa Cruz on similar grant funded work in September 2019 and March 2022, the staffing rates had only increased 12%. During this same time period, the Consumer Price Index increased 14.7%1. See attached Documentation Attachment C- Professional Services Agreement with Ecology Action from December 15, 2023 to June 30, 2027 for further contract details.

This memorandum serves as authorization to proceed with a Single Source contract with Ecology Action under the following conditions:
 Ecology Action provides the required documentation to do business with the City as required by the Finance Department; and,
 The not-to-exceed amount shall be under $992,000 under this authorization for up to 4 Years.

Please feel free to contact me should you have any questions.

CC:

Nathan Nguyen, Public Works Director
Contract File
ATTACHMENTS:

Attachment A – Written Approval of Single Source Procurement by Caltrans” Attachment B- Scope of Work for ATP Cycle 6 Non-Infrastructure Education and Encouragement Programming
C- Professional Services Agreement with Ecology Action from December 15, 2023 to June 30, 2027. 1 https://www.bls.gov/regions/west/news-release/consumerpriceindex_losangeles.htm

13.33 10/11/23, 8:21 AM Mail - Claire Gallogly - Outlook https://outlook.office365.com/mail/inbox/id/AAQkADRlNmNmNWIzLTk2ODMtNDI2MS1iOWFkLTI1MjlhOTIxY2ZkYQAQAKZRcsabkEhjv7Rzu1CA8lc%… 1/7 Re: Rail Trail Segments 10/11 - Non-Infrastructure Component Marsalek, Cori@DOT <[email protected]>
Wed 10/11/2023 8:02 AM
To:Claire Gallogly <[email protected]>;Gallaher, Malinda J@DOT <[email protected]> Cc:Frederic, Evelyn@DOT <[email protected]>
Hi Claire,
For a non-A&E contract on a Non-Infrastructure State-Only funded project, the City should follow their own internal purchasing procedures to document a sole source.

Thank you,
Cori Marsalek, P.E.

Caltrans Local Assistance
District 5
(805) 441-0321
[email protected]
From: Claire Gallogly <[email protected]>
Sent: Monday, October 9, 2023 2:42 PM
To: Gallaher, Malinda J@DOT <[email protected]>; Marsalek, Cori@DOT <[email protected]>
Cc: Frederic, Evelyn@DOT <[email protected]>
Subject: Re: Rail Trail Segments 10/11 - Non-Infrastructure Component EXTERNAL EMAIL. Links/attachments may not be safe.

Hi all,
Any time to connect on this? We have our allocation and are looking forward to implementing. I'd appreciate any guidance!
Thanks,
Claire
Claire Gallogly
Transportation Planner
City of Santa Cruz | Public Works
809 Center St – Room 201, Santa Cruz, CA 95060
Phone: 831-420-5107
Email: [email protected]
Web: www.cityofsantacruz.com

13.34 10/11/23, 8:21 AM Mail - Claire Gallogly - Outlook https://outlook.office365.com/mail/inbox/id/AAQkADRlNmNmNWIzLTk2ODMtNDI2MS1iOWFkLTI1MjlhOTIxY2ZkYQAQAKZRcsabkEhjv7Rzu1CA8lc%… 2/7 From: Claire Gallogly <[email protected]>
Sent: Wednesday, September 27, 2023 11:52 AM
To: Gallaher, Malinda J@DOT <[email protected]>; Marsalek, Cori@DOT <[email protected]> Cc: Frederic, Evelyn@DOT <[email protected]>
Subject: Re: Rail Trail Segments 10/11 - Non-Infrastructure Component Hi all,
Wanted to bring this to top of inbox as I know coming back from being out things get buried.

Cori- do you have some time to connect or provide guidance on this? Thanks!
Claire
Claire Gallogly
Transportation Planner
City of Santa Cruz | Public Works
809 Center St – Room 201, Santa Cruz, CA 95060
Phone: 831-420-5107
Email: [email protected]
Web: www.cityofsantacruz.com

From: Claire Gallogly <[email protected]>
Sent: Monday, September 18, 2023 2:19 PM
To: Gallaher, Malinda J@DOT <[email protected]>; Marsalek, Cori@DOT <[email protected]> Cc: Frederic, Evelyn@DOT <[email protected]>
Subject: Re: Rail Trail Segments 10/11 - Non-Infrastructure Component Sounds good, thank you!
Evelyn- welcome! Looking forward to working with you!
Best,
Claire
From: Gallaher, Malinda J@DOT <[email protected]> Sent: Monday, September 18, 2023 2:16 PM
To: Claire Gallogly <[email protected]>; Marsalek, Cori@DOT <[email protected]> Cc: Frederic, Evelyn@DOT <[email protected]>
Subject: RE: Rail Trail Segments 10/11 - Non-Infrastructure Component

13.35 10/11/23, 8:21 AM Mail - Claire Gallogly - Outlook https://outlook.office365.com/mail/inbox/id/AAQkADRlNmNmNWIzLTk2ODMtNDI2MS1iOWFkLTI1MjlhOTIxY2ZkYQAQAKZRcsabkEhjv7Rzu1CA8lc%… 3/7 Hi Claire,
I’m adding in Evelyn Frederic to this email. She is the new area engineer for the City of Santa Cruz.

Cori is the best person to respond to your question. She in training all this weekend, so a response might be delayed.

Best,
Malinda Gallaher | Caltrans District 5 Local Assistance| (805) 266-0543 From: Claire Gallogly <[email protected]>
Sent: Monday, September 18, 2023 1:56 PM
To: Marsalek, Cori@DOT <[email protected]>; Gallaher, Malinda J@DOT <[email protected]> Subject: Re: Rail Trail Segments 10/11 - Non-Infrastructure Component EXTERNAL EMAIL. Links/attachments may not be safe.

Hi Malinda and Cory,
Hope you are both well!
I just spoke with Rob Tidmore at the County of Santa Cruz and he forwarded me the thread below and suggested I connect with you. The City of Santa Cruz also has an ATP Cycle 6 non infrastructure allocation with more or less the same components scoped as the County (allocation letter attached).

Similar to the County I would anticipate if we did an RFP we would only receive a single response regardless of the amount of outreach we did.

I checked in with our purchasing folks about sole sourcing and they sent me back to the LAPM. With that, could you please give any guidance about the ability to sole source for this allocation? Thank you! Please let me know if you have any questions.

Best,
Claire
Claire Gallogly
Transportation Planner
City of Santa Cruz | Public Works
809 Center St – Room 201, Santa Cruz, CA 95060
Phone: 831-420-5107
Email: [email protected]
Web: www.cityofsantacruz.com

13.36 City Council

AGENDA REPORT
DATE: 11/15/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Public Works
SUBJECT: Santa Cruz County Regional Transportation Commission Consolidated Call for Project Grant Submittals (PW)
RECOMMENDATION: Motion to authorize the City Manager to apply for, accept, and appropriate funds from the 2023 Consolidated Regional Transportation Grant program for Bethany Culvert Emergency Repairs, Bay Corridor Design Funds, Bay Paving between Mission Street and east of Lennox Street, and Escalona Complete Streets.

BACKGROUND: The Santa Cruz County Regional Transportation Commission (RTC) is responsible for selecting projects to receive certain state, federal, and regional funds. Every two years, the RTC issues a call for projects to distribute these funds. This year, the RTC solicited applications for approximately $26.6 million in regional shares of certain state and federal funds.

Awards will be approved at the December 7, 2023 RTC meeting.

The City of Santa Cruz submitted four projects to this call for projects. These include (1)Bethany Culvert Emergency Repairs, (2) Bay Corridor Design Funds, (3) Bay Paving between Mission Street and east of Lennox Street, and (4) Escalona Complete Streets.

This report comes to Council after this grant was submitted due to time constraints on the grant deadline.

DISCUSSION: The Public Works team worked collaboratively to identify high priority projects within the Capital Investment Program that could be delivered with this funding source.

Additionally, projects were chosen offset funds that were reallocated from the Paving Projects (CIP) to immediate priorities on West Cliff Drive (Gas Tax) and Rail Trail Segment 7 Phase 2 (Measure D). The budget adjustments for those projects were brought to City Council on September 12, 2023 and November 28, 2023 respectively. The City submitted the following four projects to this call for projects:
1) Bethany Culvert Emergency Repair (CIP #c401501) : The City has received federal emergency funding for this project but needs to provide a match with local funding. The grant requests $1.5M to cover the required local match for these federal funds. 2) Bay Corridor Design (CIP #c402304): The City has secured $3.8M in funds to implement complete streets design elements on the Bay Corridor from West Cliff Drive to High Street. This funding request would accelerate the design phase of this project to allow the implementation to

14.1 align our project with the Caltrans CAP-M project on Mission Street in 2026. This project connects to schools, existing separated facilities, senior housing, high quality transit, parks and open space, and University of California Santa Cruz (UCSC). The project is supported by UCSC, the Bay View Elementary PTA, Caltrans, and Bike Santa Cruz County. Funding request $399,000, matched with $51,000 of Gas Tax funds. Total project cost $450,000 3) Bay Paving (CIP #400809): funding for paving Bay Street between Mission Street and east of Lennox Street. This planned and designed project had funding moved to the West Cliff Infill Walls. This roadway segment was last paved in 1988. Schedule aligned with other Bay work.

Funding request $875,000, matched with $114,000 of Gas Tax funds. 4) Escalona Complete Streets (CIP #c400810): Paving of Escalona Drive from Grandview Street to Bay Street and from Walnut Avenue to Highland Avenue. Upgrades 50 ramps to accessible standards and completes sidewalk gaps on the eastbound side of the street. Asked for $3,401,000, matched with $440,000 of Gas Tax funds.

FISCAL IMPACT: There is no impact to the General Fund.

Prepared By:

Claire Gallogly
Transportation Planner
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

14.2 City Council

AGENDA REPORT
DATE: 11/15/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Public Works
SUBJECT: Award Contract for FY 2024-2028 Traffic Striping Installation and Maintenance (PW)
RECOMMENDATION: Motion to award a contract to Chrisp Company for traffic striping installation and maintenance. The City Manager is hereby authorized and directed to execute an agreement in a form to be approved by the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved project budget.

BACKGROUND: The City of Santa Cruz (City) maintains traffic striping and citywide. Public Works staff has obtained maintenance contracts for routine traffic striping installation through the Request for Proposal (RFP) process in the past. The previous contract has since expired and staff is looking to obtain the next traffic striping maintenance contract through the same RFP process. The City’s single citywide contract approach provides cost savings through the RFP process and provides the City with fixed pricing for the traffic striping maintenance during the course of the contract.

DISCUSSION: On October 10, 2023, staff solicited RFPs on the Opengov website for qualified firms with expertise in traffic striping installation to implement an annual contract for traffic striping installation and maintenane services within the city for a five-year period.

On October 26, 2023, one vendor responded to the City’s RFP. The proposal was opened by the evaluation committee composed of City staff. The proposal was evaluated and scored based on the criteria listed in the solicitation and the results are shown below.

Chrisp Company, Fremont, CA Score: 94.33
FISCAL IMPACT: There is an annual budget of $130,000 in the General Fund within the Street Maintenance division for these services.

Prepared By:

Dan Estranero
Associate Engineer
Submitted By:

Nathan Nguyen, P.E.

Public Works Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. EVALUATION RECAP.PDF

15.1 RFQ/RFP Advertised On:

Proposals Due On:RFQ sent to the following vendors:

Response Received No Response Declined to Bid
Local Business Preference Given
Form completed by:Name (City, ST)Chrisp Company (Fremont, CA)Name (Title) Department October 26, 2023
Proposals evaluated by:Danilo Cabreros (Assistant Engineer) Public WorksRicardo Valdes (Senior Engineer) Public Works Dan Estranero (Associate Engineer) Public Works
Dan Estranero
October 10, 2023
Evaluation Recap Request For Proposal for 2023 Traffic Signal Maintenance and Repair

15.2 City Council

AGENDA REPORT
DATE: 11/16/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Water
SUBJECT: Contract Amendment 2024-1.1 with HDR Inc. for Capital Program Management Services (WT)
RECOMMENDATION: Motion authorizing the City Manager to execute Contract Amendment 2024-1.1 in the amount of $1,128,563 with HDR, Inc. in a form to be approved by the City Attorney.

BACKGROUND: The Water Department (Department) is implementing a large and complex capital program to enhance water system resiliency and water supply security. The program directly impacts nearly all aspects of the water system through rehabilitation or replacement of water diversions, pipelines, and water treatment infrastructure. Recognizing that the staffing needs of a large-scale capital program would exceed the capacity of Department staffing, Water Department staff recommended a program management model to help deliver this unprecedented set of projects. Program management is a common model used when staffing needs vary significantly in terms of areas of expertise and level of effort as projects develop from planning and design through construction and project closeout.

Through a qualifications-based procurement process, HDR, Inc. (HDR) was selected to provide program management services. In December 2017, the City entered into a Master Services Agreement (MSA) with HDR to provide program management services. After five successful years of project implementation through the MSA, on June 28, 2022, City Council authorized an extension of the MSA for an additional five years. The MSA includes the broadest scope of services contemplated at the time, with the intention that Service Orders would be issued through contract amendments to define specific scopes of work, fee estimates, and schedules as the program is developed and priority projects approved for implementation.

On June 13, 2023, City Council authorized approval of Service Order No. 9 (SO 9) to cover program management activities planned for Fiscal Year 2024 (FY 2024). Notable program management activities covered in SO 9 include providing a staff person to serve as operations and maintenance liaison with a particular focus on projects at the Graham Hill Water Treatment Plant (GHWTP); providing project and construction management services for the construction of the Concrete Tanks Replacement Project; providing project management and technical support for the GHWTP Facility Improvement Project; supplementing project teams with engineering and right-of-way services on several projects including the Newell Creek Pipeline and Brackney Landslide Area Risk Reduction Projects; supporting development of the Water Supply

16.1 Augmentation Implementation Plan; and supporting ongoing scheduling, cost forecasting, budgeting, and cash flow estimates through project controls support.

DISCUSSION: Contract Amendment 2024-1.1 addresses several changes and modifications to the scope of work for projects not contemplated or foreseen at that time of development.

Amendment 2024-1.1 consists of adding new or supplementing existing tasks as follows:
• Newell Creek Dam Inlet/Outlet Project: Project and construction management during preconstruction and construction activities on the Newell Creek Instream Habitat Restoration-Large Woody Debris Mitigation Project;
• U4 Tank Replacement Project: Instrumentation, controls, and electrical design. • Newell Creek Pipeline/Brackney Landslide Area Risk Reduction: Right-of-way services related to relocation and appraisal requirements;
• Beltz 12 Ammonia Project: Additional design as well as engineering services during construction;
• Newell Creek Pipeline/Brackney Landslide Area Risk Reduction and the Regional Drought Resiliency Project/ Intertie 1: Santa Cruz - Scotts Valley: Construction Management; and • Felton Diversion Pipeline 2023 Emergency Repairs: Project management services, bid support services, engineering services during construction, construction management and inspection services, and environmental and biological monitoring services during construction.

The largest component in terms of scope and budget of Contract Amendment 2024-1.1 is related to Construction Management (CM) for three of these projects: Newell Creek Pipeline/Brackney Landslide Area Risk Reduction, Regional Drought Resiliency Project/ Intertie 1: Santa Cruz - Scotts Valley, and Felton Diversion Pipeline 2023 Emergency Repairs. The Department has already secured $6,620,108 in grant funds for the design and construction of the Intertie Project and is pursuing $7,033,457 in Federal Emergency Management Agency (FEMA) funding for the other two emergency pipeline projects. Due to the added workload, staff are seeking HDR’s support with the implementation.

FISCAL IMPACT: The cost for Contract Amendment 2024-1.1 is $1,128,563. Funds are available in the FY 2024 Water Department’s Capital Investment Program budget.

Prepared By:

Heidi Luckenbach
Deputy Water
Director/Engineering Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. AMENDMENT 2024-1.1.PDF

16.2 City of Santa Cruz Amendment to Master Services Agreement for Program Management Services December 2023 Page 1
AMENDMENT 2024-1.1 AMENDMENT TO MASTER SERVICES AGREEMENT FOR

PROGRAM MANAGEMENT SERVICES FOR THE

CITY OF SANTA CRUZ WATER DEPARTMENT
THIS AMENDMENT No. 2024-1.1, dated October____, 2023, amends Service Order 9 which applies to the fiscal year 2023-2024 agreement pursuant to the MASTER SERVICES AGREEMENT dated July 5, 2022, and is made by and between the City of Santa Cruz (“City”) and HDR Inc. (“Consultant”).

City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated July 5, 2022, which is incorporated by this reference, and WHEREAS, City and Consultant desire to amend the Agreement with regard to Service Order 9 for fiscal year 2023-2024 as specified herein.

AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that Service Order 9 of the fiscal year 2023-2024 Agreement is hereby amended as follows:

A. The Scope of Work, attached as Contract Amendment Number 2024-1.1 of the Agreement is hereby amended to read as follows:
• Add Service Order 9.1 – CD LWD Instream Habitat Restoration Project, per attached scope of work.
• Add Service Order 9.2 – University 4 Tank Replacement Project, per attached scope of work. • Add Service Order 9.3 – Newell Creek Pipeline Brackney ROW, per attached scope of work. • Add Service Order 9.4 – Beltz 12 Ammonia Design, per attached scope of work. • Add Service Order 9.5 – CM Services Brackney Landslide Area Risk Reduction, per attached scope of work.
• Add Service Order 9.6 – CM Services to Intertie 1: Santa Cruz-Scotts Valley, per attached scope of work.
• Add Service Order 9.7 – Felton Diversion Pipeline 2023 Emergency Repairs, per attached scope of work.
• Add Service Order 9.9 – Newell Creek Pipeline Felton/Graham Hill ROW, per attached scope of work.

B. The Fee Schedule, shown as Table 1, attached to this Contract Amendment Number 2024-1.1 summarizes the changes to Service Order 9 and contains adjustments to the prior fees and supersedes all prior Fee Schedules for Service Order 9. The revised Fee is $8,062,204.

C. All items in Contract Amendment Number 2024-1.1 are to be completed within Fiscal Year 2024.

16.3 City of Santa Cruz Amendment to Master Services Agreement for Program Management Services December 2023 Page 2
Notwithstanding these amended terms of the original Agreement by this Amendment 2024-1.1, all other terms and conditions of the original Master Services Agreement and other prior amendments thereto shall remain in full force and effect. The terms of this Amendment 2024-1.1 shall control if any conflict exists.

Each party acknowledges that it has reviewed this Amendment 2024-1.1 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 Amendment 2024-1.1.

The unenforceability, invalidity or illegality of any provision(s) of this Amendment 2024-1.1 shall not render the other provisions unenforceable, invalid or illegal.

The Parties may execute this Amendment 2024-1.1 in two or more counterparts, which shall, in the aggregate, be deemed an original but 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.

The signatories to this Amendment 2024-1.1 warrant and represent that each is authorized to execute this Amendment 2024-1.1 and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Amendment 2024-1.1.

IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment 2024-1.1 effective as of the date shown above.
[SIGNATURES ON FOLLOWING PAGE]

16.4 City of Santa Cruz Amendment to Master Services Agreement for Program Management Services December 2023 Page 3

Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

CONSULTANT
By: _____________________________ Date: __________________ Printed: _________________________ Title: _________________________ CITY OF SANTA CRUZ WATER DEPARTMENT:

By: _____________________________ Date: __________________ Rosemary Menard, Water Director
Technical Review By:

By: _____________________________ Date: __________________ Heidi Luckenbach, Deputy Water Director / Engineering Manager

CONSULTANT
By: _____________________________ Date: __________________ Printed: _________________________ Title: _________________________ CITY OF SANTA CRUZ:

By: _____________________________ Date: __________________ Matt Huffaker, City Manager

16.5 The following table summarzies the changes to Service Order 9, as described in Amendment 2024-1.1.

Task
No. Task Description SO9 Original Amount Service Order Number Amend 1.1
Amount
Amended SO9 Total
Amount
SERVICE ORDER 9
Task 2 - Design and Planning Management
2 - 2.5 (2-
ECIP.301) Felton Diversion Pipeline Emergency Repairs $103,204 SO9.7 $ 24,310 $127,514 Subtotal Task 2 $3,255,492 $24,310 $3,279,802
Task 3 - Program Administration
Subtotal Task 3 $1,523,743 $0 $1,523,743
Task 4 Planning Efforts

4.7 Beltz 12 Ammonia Design $134,705 SO9.4 $ 24,642 $159,347

4.7.1 Project Management / QC $12,643 $ 11,009 $23,652

4.7.2 ESDC - Phase I $19,765 $19,765

4.7.3 100% (Final) Design - Phase II $50,271 $ 15,756 $66,027

4.7.4 Bid Documents - Phase II $20,033 $ (4,366) $15,667

4.7.5 Bid Period Services - Phase II $2,594 $2,594

4.7.6 ESDC - Phase II $29,399 $ 2,243 $31,642
4-6.1 U4 Tanks $0 SO9.2 $ 32,627 $32,627
4-6.1.1 Project Management $0 $0
4-6.1.2 90% Design $0 $ 28,395 $28,395
4-6.1.3 Final Design $0 $ 4,132 $4,132
4-6.1.4 Arc Flash Warning Labels and Signage Production /Breaker Settings $0 $ 100 $100 Subtotal Task 4 $376,448 $57,269 $433,717
Task 5 Construction Management
5-2.2.3 Brackney Landslide Area Risk Reduction CM (FY24) $18,082 SO9.5 $ 355,279 $373,361 5-2.4 Intertie 1 - Santa Cruz/Scott's Valley CM (FY24) $18,082 SO9.6 $ 274,213 $292,295 5-ECIP.301 Felton Diversion Pipeline Emergency CM, Bid Support, ESDC, Env Monitoring $0 SO9.7 $ 377,203 $377,203
Subtotal Task 5 $1,162,704 $1,006,695 $2,169,399
Task 6 Program Support

6.1 CEQA and Environmental Permitting $367,827 $9,959 $377,786

6.1-1.5.1 Newell Creek Instream Restoration $11,016 SO9.1 $ 9,959 $20,975

6.2 Right-of-Way (ROW) Acquisition $218,132 $30,330 $248,462

6.2-2.2.1 Newell Creek Pipeline Felton/Graham Hill ROW $67,137 SO9.9 $ 11,655 $78,792

6.2-2.2.3 Newell Creek Pipeline Brackney ROW $150,995 SO9.3 $ 18,675 $169,670 Subtotal Task 6 $615,254 $40,289 $655,543
COLUMN TOTALS (SO9 - Full Scope) $6,933,641 $1,128,563 $8,062,204 1 of 77

16.6 Service Order 9.1 – Amendment No. 2024-1.1
Santa Cruz Program Service Order 9/Task 6.1-1.5.1 NCD LWD Instream Habitat Restoration Project
Project Background
Newell Creek Dam Inlet/Outlet Replacement Project environmental permits from California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB) and Army Corps of Engineers (ACOE) require the installation compensatory mitigation projects to mitigate for temporary and permanent impacts to riparian habitat, Waters of the State, and Waters of the US. The City has completed the design and contractor bidding process for Mitigation Project 3, Instream Habitat Enhancement in Newell Creek, as described in the Non-Wetland Compensatory Mitigation Plan, and is preparing for construction/installation during summer 2023.

Mitigation Monitoring and Reporting Program measure BIO‐1a‐2 for the Newell Creek Dam Inlet/Outlet Replacement Project also requires the preparation and implementation of a fish and native vertebrate rescue and relocation plan approved by CDFW and National Marine Fisheries Service (NMFS). In addition, the NMFS Biological Opinion (WCRO‐2019‐03028) notes that implementation of mitigation project will require fish capture and relocation activities.

HDR will provide project/construction management during pre-construction and construction activities.

Scope of Work
This Scope of Work falls under the MSA, Service Order 9 and covers activities and deliverables that will occur in FY 2024 (July 1, 2023 - June 30, 2024). Unless specifically noted, it is assumed that the scope and fee refer to work planned for completion in FY 2024.

Construction Management (CM) for the Program projects is implemented in accordance with the CM Strategy and CM Guidelines documents that were developed during mobilization and are included in the Program Management Plan (PgMP). CM may be performed by the City, HDR, an integrated CityHDR team, or in certain circumstances, by a third-party firm. HDR will implement or continue CM services for the following project subtasks for this service order:

Task 6.1 – 1.5.1 Newell Creek Instream Habitat Restoration – Large Woody Debris Task 6.1 - 1.5.1 – LWD Instream Habitat Restoration Project Management The CM lead or designee will provide oversight of construction management planning and implementation for the Program. Typical tasks will include:

1. Coordinate planning for CM services with project PMs and Program Director.

2. Lead staffing for CM team.

3. Monitor CM for consistency and adherence to CM Strategy and CM Guidelines to facilitate accomplishment of Project goals, including timely reporting andcommunication withthe City of Santa Cruz onkey issues.

4. Develop monthly CM Reports, for inclusion in Program Monthly Report, to provide status on each project in the construction phase.

5. Coordinate technical support resources, as required, for the construction phase such as cost estimating. Provide cost estimating support during the construction phase. 2 of 77
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16.7 Deliverables:

1. Meeting agenda, minutes, and action items log

2. Photo and Video documentation during project activities and at project closeout.

Assumptions:

1. The CM will organize and lead Project meetings and will receive information from other team members in planning and coordinating meetings;

2. Deliverables will be distributed through the DCS and email;

3. Meetings will be held weekly for the duration of the Project or as otherwise directed by City of Santa Cruz.

4. Assumes that construction will take 10 working days starting in late July

5. Will be complete in FY24, prior to wet season (October)

6. Assumes .15 FTE plus float for pre-con and construction windows

1.1. Project Management and Construction Management Plan This task includes Project management efforts required to organize PgM’s Construction Management team, assign and control work, and report progress to the City in the form of monthly progress reports.

1.2. Communications
The Construction Manager will facilitate teamwork; achieve common goals for the Project; facilitate coordination of team members to complete tasks without disruption of plant operations; and generate and maintain a record of Project activities, communications, quality of performance, negotiations, and payments.

1.3. Document Control and internet-Based Communication System The Program has selected and will provide SharePoint and internet connectivity to facilitate efficient communication and maintain Project data and records. SharePoint will be used to store and document construction documents including RFIs, PCOs, submittals, and invoices.

1.4 Contract Compliance Verification
The CM will administer the construction Contract Documents to check Contractor compliance with its terms and conditions.

1.5 Progress and Coordination Meetings
The CM will organize, coordinate, and lead progress and coordination meetings. The CM will provide Project team with agendas, meeting notes, action items, and identify follow-up activities. The weekly meetings will include review of recent activities and agenda items, exchange of new information, and planning and coordination of upcoming construction and related activities.

1.6. Schedule Monitoring
The CM team will manage contract time through the implementation of Project controls on the construction schedule. The CM will review the Contractor's preliminary and baseline schedules prior to commencement of work to verify that the full scope of construction work is included and properly sequenced, and that adequate time is provided for the performance of construction activities.

1.7 Change Management (Contract Document Clarification, Potential Change Orders, Directed Change Orders, and Change Orders)
The PgM will perform services relating to changes to the Contract Documents including change orders.
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16.8 Establish and implement a Construction Contract Change Order management system to track the status of proposed and executed changes in the work of the Contractor, in a format acceptable to, or prescribed by, the City of Santa Cruz.

Keep City of Santa Cruz informed of potential changes. Changes affecting Project design, quality, schedule, or costs are subject to approval by the City.

1.8. Contractor Invoices and Payment Recommendations
The CM will review the Contractor’s proposed schedule of values for reasonableness and ease of monitoring in progressing payments. Changes will be negotiated as needed to provide for accurate valuation, ease of verification, and processing payments. Once approved, the schedule of values will be entered into the City of Santa Cruz’s standard payment forms and submitted for City of Santa Cruz approval. The approved payment form will be used by the CM and Contractor in preparing monthly payment requests. The progress payments will incorporate Contract Document changes, payment for materials on hand, and retentions withheld.

1.9 NOT USED

1.10 Submittal Process
The CM will coordinate and manage the submittal and shop drawing review and approval process.

Each Project design requires specialized materials, equipment, and performance of tasks which are specified within the Contract Documents. The submittal process will provide an understanding between the Contractor, City of Santa Cruz’s Designer, the City of Santa Cruz, and the CM of the acceptability of products or procedures proposed by the Contractor.

1.11 Request For Information (RFI) Process
The CM will coordinate and manage a formal Request for Information (RFI) review and approval process. RFIs submitted by the contractor will be processed into the DCS by the Construction Services Manager and routed to City of Santa Cruz’s Designer and the City of Santa Cruz for information and comment. The review comments of the CM team, City of Santa Cruz's Designer, and the City of Santa Cruz will be coordinated and a response is logged into the DCS and provided to the Contractor.

1.12 Record Documents

1. HDR will provide video and photo documentation of construction progress Activity - Division 1 and Special Provisions Compliance The CM will, in accordance with the City of Santa Cruz’s Construction Manual and/or CM best practices as applicable and appropriate:

1. Monitor Contractor compliance with Division 1 and Special Provisions specifications including, but not limited to, mitigation commitments, wildlife protection and environmental permits, discharge permits and erosion and sedimentation control requirements;

2. Monitor Contractor’s noise, vibration, traffic, and odor control mitigation plans for contract requirements;

3. Provide written notification to Contractor and City of Santa Cruz with a compliance concern; and

4. Provide immediate notification to Contractor and City of Santa Cruz of non-compliance with specifications and permits.
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16.9 Provide project management for the overall LWD Instream Habitat Restoration Project. This will include:
• Review and approval of invoices, progress reports, meeting materials, etc. • Coordination of project submittals and RFIs
• Management and facilitation of meetings during pre-con and construction services • Coordination of project decisions during construction between the City , designer, and contractor
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16.10 Santa Cruz Water Program
Service Order 9.1 - NCD LWD Instream Habitat Resoration Project City of Santa Cruz
Program Management Services, Service Order 9.1 — Amendment No. 2024-1.1 Task
No. Task Description Engr Total HDR City Hours Total APC Charge Total HDR
Expenses at 5%
labor
Subs w/ Total
Rate Range 2 Labor Hours ($) $5.25 + 5% MU ($) 5% MU ($) Cost ($) Shane Clements
SERVICE ORDER 9
Task 6 - Project Management

6.1 Project Management 60 60 0 9,463 $0 $497 $0 $9,959

1.5.1 PM Budget for Task 6.1-1.5.1 60 60 $9,463 $497 $9,959 Subtotal Task 1.1 60 60 0 $9,463 $0 $497 $0 $9,959
COLUMN TOTALS 60 60 0 9,463 0 497 0 9,959
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16.11 Santa Cruz Program Management – Service Order 9 – Amendment No. 2024-1.1 9-15-2023
Service Order 9.2 – Amendment No. 2024-1.1
University 4 Tank Replacement Project
Project Background
The City of Santa Cruz Water Department (City) has requested that HDR provide design services to assist the design consultant with the Instrumentation and Controls (I&C) and Electrical Design for the U4 Tank Replacement Project.

Our proposed scope of work, budget, and schedule is provided below.

HDR will prepare I&C and electrical plans and specifications for the 90% and Final Design phases of the project.

General Assumptions:

1. Deliverables to be provided electronically via email unless otherwise noted.

2. City review cycles are limited to one week.

3. Project will be completed within eight weeks from notice to proceed.

Task 1 – Project Management
This task will capture general task management efforts including staff oversight, invoicing, and invoice progress reports.

Deliverables:

1. Invoices and progress reports
Assumptions:

1. Weekly status meetings are included in Task 2.1
City Responsibilities:

1. Timely review and payment of invoices
Task 2 – 90% Design
Task 2.1 – Meeting/Reviews
HDR will meet with the City and the project consultant to introduce the project team, collect background information, discuss the City’s project goals and objectives, and establish lines of communication.

This task will also be used to discuss the City’s comments on the 90% and final I&C and electrical design.
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16.12 Deliverables:

1. Meeting agenda and minutes
Assumptions:

1. Up to two HDR team members will attend this meeting, assumed to be up to one hour in length
City Responsibilities:

1. Participate in meetings

2. Provide review comments, as needed
Task 2.2 – I&C and Electrical Design
HDR will gather and review related existing documents, including: single line diagrams, record drawings, operations and maintenance (O&M) manuals, utility (PG&E) information, and meeting notes. These documents will be used to prepare the 90% I&C and electrical plans.

Assumptions:

1. The City will coordinate with HDR to provide existing tagging information needed for the completion of the I&C and electrical documentation.

2. New I/O shall be tagged according to the City’s new PLC tagging standards, established as part of the Water Program.

Deliverables:

1. 90% Plans
City Responsibilities:

1. Participate in 90% design review and provide consolidated comments Task 2.3 – Specs, Control Strategies, I/O list
HDR will provide 90% I&C and electrical specifications. Included with the specifications will be a detailed controls strategy and I/O list, which will provide the City the information needed to update the programming of the onsite PLC, as well as the configuration of their SCADA back at the Graham Hill Water Treatment Plant.

Assumptions:

1. Completion of SCADA programming or integration is not included in this scope.

Deliverables:

1. 90% specifications, including control strategies and I/O list City Responsibilities:

1. Programming of the existing PLC will be by City

2. Configuration of the City’s SCADA system will be by the City 8 of 77

16.13 Task 2.4 – Site Visit
HDR will visit the site to gather/confirm information needed to complete the design.

Assumptions:

1. None.

Deliverables:

1. Up to two engineers will participate in site visit.

City Responsibilities:

1. Provide access to electrical and control panels. De-energization of electrical panels may be needed.

Task 2.5 – QC
Documents shall have a detailed plan check and QC performed, per HDR’s corporate QA/QC policy, prior to submittal to the City.

Assumptions:

1. None
Deliverables:

1. None
City Responsibilities:

1. None
Task 3 – Final Design
The tasks under Task 3 – Final Design are the same as those in Task 2, except that the 90% submittal will be replaced by the final submittal.

Deliverables:

1. Final plans and specifications
Assumptions:

1. No additional site visits needed
City Responsibilities:

1. None
Schedule
We estimate up to eight weeks to complete the Final Design. We have assumed work will be completed by October 15, 2023.
9 of 77

16.14 Budget
The proposed budget is included in the attached fee estimate table.

We have the right team, the right experience, and extensive in-house capabilities to provide superior service to the City. We look forward to working with you again on this project. Please contact project manager Raymond Genato at (916) 817-4947 or [email protected] if you have any questions or require additional information. 10 of 77

16.15 Santa Cruz Water Program
Service Order 9.2 - University Tank 4 Replacement Project E,IC Design City of Santa Cruz
Program Management Services, Service Order 9.2 — Amendment No. 2024-1.1 Task Electrical CADD Total HDR Total HDR Total HDR Subs Total No. Task Description Engineer Tech Labor Hours Labor ($) Expenses ($) ($) Cost ($) Task 1 Project Management and Quality Assurance/Quality Control (QA/QC)

1.1 Project Management 0 $0 $0
Subtotal Task 1 0 0 0 $0 $0 $0 $0
Task 2 90%Design

2.1 Meetings, Reviews 16 16 $3,581 $3,581

2.2 I&C and Electrical Design 32 32 65 $11,004 $11,004

2.3 Specs, Control Strategies, I/O list 16 16 $3,581 $3,581

2.4 Site Visit 36 36 $8,058 $1,500 $9,558

2.5 QC 3 3 $671 $671
Subtotal Task 2 103 32 136 $26,895 $1,500 $0 $28,395
Task 3 Final Design

3.1 Meetings, Reviews 10 10 $2,238 $2,238

3.2 I&C and Electrical 4 4 7 $1,223 $1,223

3.3 Specs, Control Strategies, I/O list 2 2 $448 $448

3.4 QC 1 1 $224 $224
Subtotal Task 3 17 4 20 $4,132 $0 $0 $4,132
Task 4 Arc Flash Warning Labels and Signage Production
/Breaker Settings

4.1 Arc Flash Warning Labels and Signage Production /Breaker Settings 0 $0 $100 $100
Subtotal Task 4 0 0 0 $0 $100 $0 $100
COLUMN TOTALS 120 36 156 $31,028 $1,600 $0 $32,628
11 of 77

16.16 Santa Cruz Program Management – Service Order 9 – Amendment No. 2024-1.1 10-5-2023
Service Order 9.3 – Amendment No. 2024-1.1

6.2-2.2.3 Newell Creek Pipeline Brackney ROW
Scope of Work
Subconsultant Monument is requesting additional budget for the unforeseen relocation and appraisal requirements. The total cost of the additional Monument services is $17,785, total task increase is $18,675 with 5% HDR markup. Detailed scope of work is presented in the attached Monument’s July 7th, 2023 and July 31st , 2023 proposals. 12 of 77

16.17 July 7, 2023
Shane Clements
HDR Engineering, Inc.
3230 El Camino Real, #200
Irvine, CA 92602
RE: 2.2.3 Brackney Landslide Area Pipeline Risk Reduction - Additional Budget Request Mr. Clements:

The purpose of this letter is to request a budget augmentation for 2.2.3 Brackney Landslide Area Pipeline Risk Reduction relocation and project management efforts.

The original project budget was predicated on the facts available to us when the contract was executed in February of 2023.

Since then, relocation efforts have been necessary.

Relocation:

The initial budget did not anticipate any relocation requirements for the project. After further site inspections it was determined that a temporary personal property move for APN 072-144-30 would be necessary. This property requires a large TCE area for construction staging of the new pipeline being installed within this and the adjacent parcels.

After the initiation of the negotiations, a Notice of Eligibility will be sent to the property owner. This notice is a formal notification presented to the owner/occupant that informs them of the date they are eligible for temporary relocation entitlement. Agents will also prepare all necessary notices and claim forms, obtain the owners’ signature on claim forms, and submit claim forms to the City for processing. Moving cost estimates will be obtained by the property owner, and the move will be monitored as necessary. Agents will provide status updates to the City. Monument has included three (3) site visits that include the initial interview and two (2) additional for potential meetings with movers for bidding purposes and confirmation of the temporary personal property relocation.

As shown below, the relocation effort will cost $10,385.44 to complete.

Please contact Jen Cole at 951-956-7233 with any questions.

Sincerely,
Bob Morrison
Vice President
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16.18 July 31, 2023
Shane Clements
HDR Engineering, Inc.
200 Spectrum Center, 300
Irvine, CA 92618
RE: 2.2.3 Brackney Landslide Area Pipeline Risk Reduction - Additional Budget Request Mr. Clements:

The purpose of this letter is to request a budget augmentation for the 2.2.3 Brackney Landslide Area Pipeline Risk Reduction appraisal and acquisition efforts.

The original project budget was predicated on the facts available to us when the contract was executed in February of 2023.

Since then, additional appraisal and acquisition efforts are necessary.

Appraisal, Appraisal Review, and Acquisition:

The initial budget included 17 appraisals, 17 appraisal reviews, 17 acquisitions. Upon further review of the Preliminary Title Report for APN(s) 072-172-10 & 072-173-01 Sage/Gruenbaum/Obrien these parcels can no longer be considered together as part of a larger parcel grouping and require segregation. Thus, an additional appraisal report, appraisal review, and acquisition efforts will be required.

As shown below, these efforts will cost $7,400.00 to complete.

Please contact Jen Cole at 951-956-7233 with any questions.

Sincerely,
Bob Morrison, PE, Broker
Vice President
Cc: Jen Cole
TASK Total
Appraisal $2,900.00
Appraisal Review $Incl.

Acquisition/Negotiations $4,500.00
TOTAL $7,400.00
14 of 77

16.19 Santa Cruz Program Management – Service Order 9 – Amendment No. 2024-1.1 9-15-2023
Service Order 9.4 – Amendment No. 2024-1.1

4.7 Beltz 12 Ammonia Design
Project Background
The City of Santa Cruz, California, (the City) operates the Beltz 12 Well and its treatment facilities to provide groundwater supply, especially during summer months. Ammonia concentrations at Beltz 12 have historically been below 0.4 mg/L, however, elevated ammonia levels above 0.5 mg/L have been observed since 2020, and similar observations have been made by a neighboring well operated by Soquel Creek Water District. In addition, sporadic hydrogen sulfide has been reported by operation staff. These occurrences led to the shutdown of Beltz 12 due to the limitation of the current treatment capacity. Concurrently, Beltz 12 has recently been identified as a long-term ASR site where treated high-quality water is injected to the groundwater basin. The ASR project will soon be in design and will be in construction in fall 2024. Although injection of high quality water from the GHWTP into the well will improve extracted water quality, there is still a a high likelihood that native groundwater with ammonia and hydrogen sulfide will still be a problem in the late summer when the well is needed for supply.

HDR was retained by the City to provide design services for ammonia treatment. This design project was divided into two phases: Phase I to install a contact vessel to provide adequate reaction time to reach breakpoint chlorination, and Phase II to increase chlorination capacity at the site by replacing the current on-site-generated (OSG) chlorination unit. Phase I is currently under construction, and Phase II is in 50% design.

Previously in SO8, it was assumed that the Phase II 50% design would be completed by the end of SO8, therefore, the budget for 100% design was included in SO9. Since then, changes in design schedule and contracting requirements have occurred, resulting in the majority of 50% design work being carried out under SO9. Additionally, the City has requested HDR to review and update the underlying PLC programming at Beltz 12, a separate task under SO9. Process engineers’ time to work with electrical and programmers will be needed.

This amendment will increase the total project cost of 4.7 Beltz 12 Ammonia Removal Design) by $24,642, from the original $134,705.

Task 4.7.1 – Project Management/QC
To account for the changes above, the existing SO9 task, 4.7.1 Project Management/QC will be expanded to include project management activities for the extended schedule period, and reviewing the 50% design work and additional process work for control narrative review and update.

Deliverables:

1. Monthly Program reporting documents
15 of 77

16.20 Assumptions:

1. Two hours per week of project engineers’ time from July 2023 through June 2024 for internal coordination.

Task 4.7.3 – Design – Phase II
The existing SO9 task, 4.7.3 100% (Final) Design – Phase II, will be renamed “Design – Phase II”, and expanded to include 50% design work under SO9 and additional process work for control narrative review and update.

Phase II design will engage electrical-specific CAD support, therefore the existing SO9 task,

4.7.4 Bid Documents – Phase II, will see reduced non-electrical CAD hours.

Meetings:

1. One (1) 1-hour design deliverable review meeting to go over City comments to 50% design.

2. One (1) 2-hour coordination meeting with City Operations to review and update existing control narrative
Deliverables:

1. Draft and final 50% design documents (drawings and specifications)

2. Updated control narrative to be used for PLC programming updates Assumptions:

1. City will provide the latest control narrative of Beltz 12 Task 4.7.4 – Bid Documents – Phase II
Phase II design will engage electrical-specific CAD support, therefore the existing SO9 task,

4.7.4 Bid Documents – Phase II, will see reduced non-electrical CAD hours.

Task 4.7.6 – ESDC – Phase II
The existing SO9 task, 4.7.6 ESDC – Phase II will be expanded to include Electrical and Instrumentation support for integration, in addition to previously planned engineering work during construction.

Deliverables:

1. Responses to integration RFIs and submittals
16 of 77

16.21 Santa Cruz Water Program
Service Order 9.4 - Amendment NO. 2024-1.1
######
City of Santa Cruz
Program Management Services, Service Order 9.4 — Amendment No. 2024-1.1 Task
No. Task Description
Engr
(Advisor /
QC)
Engr Engr Engr Engr Engr Engr Engr
Technician
(Electrica
l CAD)
Technician
(CAD)
Admin Total HDR Total APC Charge
Total HDR
Expenses at 5%
labor
Total
Rate Range 6 5 4 3 2 2 1 1 4 4 2 Labor Hours ($) $5.25 + 5% MU ($) Cost ($) Greg
Bradshaw Rich Stratton Ray Genato Sonia Anderson
Mireya
Herrara Sifang Shan Anand Patel Anatoli Ragnev
Moses
Yang Steve Lari
Sandie
Goings/Maika
Winkler
SERVICE ORDER 9
Task 4.7 - Beltz 12 Ammonia Design

4.7.1 Project Management/QC 0 4 0 0 0 50 0 0 0 0 0 54 10,460 $284 $549 $11,009

4.7.1 Project Management/QC 4 50 54 $10,460 $284 $549 $11,009

4.7.3 Design - Phase II 0 0 0 0 32 20 30 0 36 -25 0 93 $14,970 $488 $786 $15,756

4.7.3 Design - Phase II 32 20 30 36 -25 93 $14,970 $488 $786 $15,756

4.7.4 Bid Documents - Phase II 0 0 0 0 0 0 0 0 0 -30 0 -30 -$4,148 -$158 -$218 -$4,366

4.7.4 Bid Documents - Phase II -30 -30 -$4,148 -$158 -$218 -$4,366

4.7.6 ESDC - Phase II 0 0 5 0 0 0 0 5 0 0 0 10 $2,131 $53 $112 $2,243

4.7.6 ESDC - Phase II 5 5 10 $2,131 $53 $112 $2,243
Subtotal Task 4.7 0 4 5 0 32 70 30 5 36 -55 0 127 $ 23,412.40 $ 666.75 $ 1,229.15 $ 24,641.55 COLUMN TOTALS 0 4 5 0 32 70 30 5 36 -55 0 127 $23,412 $667 $1,229 $24,642 17 of 77

16.22 Santa Cruz Program Management – Service Order 9 – Amendment No. 2024-1.1 11-6-2023
Service Order 9.5 & 9.6 – Amendment No. 2024-1.1
5-2.2.3 & 5-2.4 CM Services to Project 2.2.3 Brackney Landslide Area Risk Reduction and Project 2.4 Intertie 1: Santa Cruz - Scotts Valley
Project Background
Construction Management (CM) for the Program projects is implemented in accordance with the CM Strategy and CM Guidelines documents that were developed during mobilization and are included in the PgMP. CM may be performed by the City, HDR, an integrated City-HDR team, or in certain circumstances, by a third-party firm. Under the original Service Order 9 scope, HDR will implement or continue CM services for the project subtasks summarized in the table below:

No. Project
PreConstruction
Services
Construction
Phase
Services
Facility Testing &
Commissioning
Project
Closeout &
Transfer of
Operations

1.5 Newell Creek Dam Inlet/Outlet(2) Done Done Done 3 months

2.2.1 Newell Creek Pipeline Felton/Graham
Hill(2) 2 months 4 months included in construction phase not in FY24

2.2.3 Brackney Landslide Area Risk
Reduction(3) 8 months 4 months included in construction phase not in FY24

2.4 Intertie 1: Santa Cruz - Scotts
Valley(1) 6 months 6 months included in construction phase not in FY24

4.3 Graham Hill WTP Concrete Tanks
Project(3) not in FY24 12 months included in construction phase not in FY24

4.7 Beltz 12 Well Ammonia Removal(1)not in FY24 Phase I: 5 mo.

Phase II: 4 mo.
included in
construction phase
Phase I: 7 mo.

Phase II: not in
FY 24

6.1 U4 Tank Rehab/ Replacement(1) 7 months 5 months Included in construction phase Not in FY24

1. City-led PM/CM team. If HDR support inspection is needed, scope will be added via amendment.

2. Third-party-led CM team.

3. HDR-led CM team (may include part-time City support or part time HDR and subcontractor inspectors).

Original SO9 scope assumed 50 hours of construction phase support each for Tasks 5-2.2.3 and 5-2.4. These hours were assumed for the Program CM/RE, including CM procurement, Contractor pre-qualification, and Bid Phase support. The CM scopes for Tasks 2.2.3 and 2.4 have been expanded for HDR. HDR is providing two options to support these two tasks. • Option 1 – Individual CM services (two individual CM projects) to each project • Option 2 – Combined CM services (one CM project) to both projects.

Option 2 was provided due to overlap in staff and project schedules to save cost. Option 2 has been suspended based on latest discussions with the City to clearly divide efforts between the two projects. Option 2 will provide approximately $300,000 of total CM savings that can be equally split between the two projects.

Scope of Work
This Scope of Work falls under the MSA, Service Order 9 but includes work beyond FY 2024 (July 1, 2023 – June 30, 2024). Detailed scope and fee for each option is presented below. 18 of 77

16.23 Option 1 Task 5-2.2.3 – Brackney Landslide Area Risk Reduction CM Brackney Landslide Area Risk Reduction 2.2.3 CM DRAFT
Proposal
Santa Cruz Water Program
To: Lewis Kay
CC: Ron Perkins, Karen Pappas
Date: July 12, 2023
From: Mike Munson
Proposal
HDR proposes to provide CM services as shown below:

Staffing:

Lead Construction Manager: Edwin Zadeh, PE (MI), CCM, 17 years of experience including water and wastewater projects in California
Lead Inspector: Jin Chong, 40 years of experience including water, wastewater, and Horizontal Directional Drilling (HDD) projects in California
Schedule
1 Negotiate CM Service Order 9 Amendment 7/24/23-8/24/23 2 Contractor Prequalification Bid Period 8/24/23-9/21/23 3 City Award of Construction Contract 2/28/24-3/28/24
4 NTP 3/29/24
5 First Day of Construction Activity 5/10/24
6 Last Day of Construction (Substantial Completion) 3/18/25 7 Duration 312 calendar days
Cost
The total cost of CM services is estimated to be $939,472. This is about 10% of the $9.2M Escalated Cost Flow (ETC) of the D6 Class 2 Construction Cost estimate prepared by Mott MacDonald dated 9/29/2022. The PgMP guideline for CM is 9% of Construction Cost. The higher cost percentage relates to the following factors:

1. Project scope does not require full time staffing. Part-time staffing is less efficient and more costly.

2. HDD projects require an inspector with special qualifications.

Only FY24’s work and fee estimate is included in Amendment 1.1. Fee is shown in the appended fee estimate table.

Assumptions

1. Material testing and sampling for density compaction and concrete testing and sampling are rough order of magnitude estimate.

2. CM services do not include environmental and biological observation and monitoring.

These observations will be done by the City or other.
19 of 77

16.24 3. Public outreach and notification are done by City or other.

4. CM services include labor compliance by a subconsultant – WITS.

5. Scheduler’s hours limited to the review of contractor schedule for baseline and monthly update. Scheduler’s time does not include detail review of the Contractor Time Impact Analysis (TIA) or Claims schedule review.

Option 1 Task 5-2.4 – Intertie 1: Santa Cruz – Scotts Valley CM

2.4 Regional Drought Resiliency Project Intertie-1 CM Services Proposal Santa Cruz Water Program
To: Heidi Luckenbach
CC: Ron Perkins, Karen Pappas
Date: July 12, 2023
From: Mike Munson
Proposal
HDR proposes to provide CM services as shown below:

Staffing:

Lead Construction Manager: Edwin Zadeh, PE (MI), CCM, 17 years of experience including water and wastewater projects in California
Lead Inspector: Jin Chong, 40 years of experience including water and wastewater projects in California
Schedule
1 Negotiate CM Service Order 9 Amendment 7/24/23-8/24/23 2 Contractor Prequalification Bid Period 7/17/23-8/25/23 3 City Award of Construction Contract 1/16/24-1/22/24
4 NTP 2/20/24
5 First Day of Construction Activity 7/22/24
6 Last Day of Construction (Substantial Completion) 8/5/25 7 Duration 379 calendar days
Cost
The total cost of CM services is estimated to be $1.3M. This is about 21% of the $6.2M Escalated 70% Construction Cost Class 3 estimate prepared by Kennedy Jenks dated May 4, 2023. The PgMP guideline for CM is 9% of Construction Cost. The 95% construction cost estimate, expected within the next six weeks, may be higher than the 70% cost because certain design scope is currently being developed to address right-of-way and environmental requirements and to incorporate operational and water quality concerns.

CM services costs are higher than the PgMP guideline because the Project scope does not require full time staffing. Part-time staffing is less efficient and more costly due to added travel and lodging. The Project scope includes start-up operations for a pump station, which requires four months of par- time work for an operations specialist. 20 of 77

16.25 Assumptions:

1. Material testing and sampling for density compaction and concrete testing and sampling are rough order of magnitude estimate.

2. CM services do not include environmental and biological observation and monitoring.

This scope of work done by the City or other.

3. Public outreach and notification are done by City or other.

4. CM services include labor compliance by a subconsultant – WITS.

Only FY24’s work and fee estimate is included in Amendment 1.1. Fee is shown in the appended fee estimate table.
21 of 77

16.26 Santa Cruz Program Management – Service Order 9 – Amendment No. 2024-1.1 11-6-2023
Option 2 (Discarded) - Combined Task 5-2.2.3 and Task 5-2.4 Combined Newell Creek Pipeline Replacement 2.2.3 and 2.4 Drought Resiliency Project Intertie-1 Construction Management DRAFT Proposal
Santa Cruz Water Program
To: Heidi Luckenbach and Lewis Kay
CC: Ron Perkins, Karen Pappas
Date: July 12, 2023
From: Mike Munson
Proposal
HDR proposes to provide Construction Management services as shown below:

Staffing:

Lead Construction Manager (CM): Edwin Zadeh, PE (MI), CCM, seventeen years’ experience including water and wastewater projects in CA Lead Inspector: Jin Chong, forty years’ experience including water, wastewater, and Horizontal Directional Drilling (HDD) projects in CA
Schedule
1 Negotiate CM Services Task Order 9 Amendment 7/24/23-8/24/23 2 Contractor Prequalification Bid Period Brackney 8/24/23-9/21/23 Contractor Prequalification Bid Period Intertie 7/17/23-8/25/23 3 City Award Construction Contract Brackney 2/28/24-3/28/24 City Award Construction Contract Intertie 1/16/24-1/22/24 4 NTP Brackney 3/29/24
NTP Intertie 2/20/24
5 First Day of Construction Activity Brackney 5/10/24
First Day of Construction Activity Intertie 7/22/24
6 Last Day of Construction (Substantial Completion) Brackney 3/18/25 Last Day of Construction (Substantial Completion) Intertie 8/5/25 7 Duration Brackney 312 calendar days
Duration Intertie 379 calendar days
Cost
The total cost of CM services for the combined effort is estimated to be $1.9M. The cost of the combined CM Services Contracts would be about 15% of the combined construction cost estimates of $12.4M (Brackney=$7.2M and Intertie=$5.2M). The combined CM Services cost if performed separately in two separate Contracts (Brackney=$0.9M and Intertie $1.2) is estimated to be $2.2M. The net savings by combining the Projects is about $0.3M. 22 of 77

16.27 The reduced costs resulting from combining the projects can be attributed to the following:

1. A single RE supporting two projects simultaneously can reduce the time required for construction management monitoring and support.

2. Project Administrative support hours are reduced for setting up and maintaining throughout the project durations for both projects at once instead of two (2) separate project administrators setting and maintain field documents and filing systems.

3. The travel, lodging, and meal costs for one full-time Inspector and CM are more cost effective than having two (2) separate Inspectors and two (2) separate CMs at half time.

4. With SRF funding Labor compliance, Certified Payroll, and field interview of each skill labor classification are needed, HDR can negotiate downward with WITS subconsultant for both projects instead of WITS charging $ 5,500 per month for each separate project with total of $ 11,000. The Combine project reflects the negotiated amount.

5. BAGG will provide the sampling, material testing, compaction backfill and specialty inspection. Material testing and sampling subconsultants will charge for mileage to and from the project, hours for the travel time, and hours spent in field, including for compaction testing, proctor testing, and specialty inspection for each project. By combining the projects, the material testing, sampling, specialty inspection, and hours spent in the field can be reduced. 23 of 77

16.28 Santa Cruz Water Program
Service Order 9.5 - Brackney Landslide Risk Reduction CM City of Santa Cruz
Program Management Services, Service Order 9.5 - Amendment No.2024-1.1 Task
No. Task Description CM Const Const Project Document Total HDR Total APC Charge Total HDR
Expenses at 5%
labor
Subs w/ Total
Rate Range Prgm Lead CM/RE Scheduler Controller Mgmt/Admin Labor Hours ($) $5.25 + 5% MU ($) 5% MU ($) Cost ($) Roger Hatton Edwin Zadeh Ali Hasan David Zaplava Sandie Goings SERVICE ORDER 9
Task 5-2.2.3 NCP Brackney CM
5-2.2.3 NCP Brackney CM 24 440 31 12 156 663 $166,591 $226 $40,937 $147,525 $355,279 5-2.2.3 24 440 31 12 156 663 $166,591 $226 $40,937 $147,525 $355,279 Subtotal Task 5-2.2.3 24 440 31 12 156 663 166,591 $226 $40,937 $147,525 $355,279 COLUMN TOTALS 24 440 31 12 156 663 $166,591 $226 $40,937 $147,525 $355,279 Potential Option 2 FY24 Savings 15 60 -6 3 44 117 $26,664 -$13 $21,197 -$5,985 $41,863 24 of 77

16.29 Santa Cruz Water Program
Service Order 9.6 - Regional Drought Resiliency Project Intertie-1 CM City of Santa Cruz
Program Management Services, Service Order 9.6 - Amendment No. 2024-1.1 Task
No. Task Description CM Const Operations Const Project Document Total HDR Total APC Charge Total HDR
Expenses at 5%
labor
Subs w/ MU
(inspector) Total
Rate Range Prgm Lead CM/RE Operations Scheduler Controller Mgmt/Admin Labor Hours ($) $5.25 + 5% MU ($) 5% MU ($) Cost ($) Roger Hatton Edwin Zadeh Pierre Gouley Ali Hasan David
Zaplava Sandie Goings
SERVICE ORDER 9
Task 5-2.4: NCP Intertie CM
5-2.4 Intertie CM 24 400 0 26 18 156 624 $154,085 $231 $41,147 $78,750 $274,213 5-2.4 24 400 0 26 18 156 624 $154,085 $231 $41,147 $78,750 $274,213 Subtotal Task 5-2.4 24 400 0 26 18 156 624 154,085 $231 $41,147 $78,750 $274,213 COLUMN TOTALS 24 400 0 26 18 156 624 $154,085 $231 $41,147 $78,750 $274,213 Potential Option 2 FY24 Savings 15 60 0 -6 3 44 117 26,664 -13 21,197 -5,985 41,863 25 of 77

16.30 Santa Cruz Program Management – Service Order 9 – Amendment No. 2024-1.1 November 3, 2023
Service Order 9.7 – Amendment No. 2024-1.1
Project: Felton Diversion Pipeline 2023 Emergency Repairs Task 2-2.5: Supplemental PM Services
Task 5-ECIP.301: Bid Support, Engineering Services During Construction (ESDC), CM Inspection, and Environmental
Monitoring Services
Project Background
The City of Santa Cruz (City)’s Felton Diversion Pipeline is operated to convey water captured at the San Lorenzo River Diversion to fill Loch Lomond Reservoir during permitted flow events starting approximately October 15th each year.

A series of high flow events in December 2022 and January 2023 and large clusters of dislodged trees caused a significant erosion of the left bank (looking downstream) of Zayante Creek adjacent to Valley Mini Storage. The bank erosion led to undercutting and exposing approx. 80 linear feet of the 24-inch diameter Felton Diversion Pipeline.

The existing pipeline is visibly skewed with one joint exposed and deflected severely to present an approximately 2-inch gap where the two pipe segments have separated. The pipeline is currently out of service, which could have a significant impact on Loch Lomond Reservoir storage due to future drought events.

This project will provide short-term repair measures to reduce the possibility of further impacts to the existing pipeline.

Per Santa Cruz Water Department’s request, HDR initiated design activities in mid-April 2023. In May 2023, a subconsultant contract was issued to Geomorph Design Group (GDG) to provide topographic surveying and creek bank stabilization design. Pipeline repair design services, environmental administration support, and project management services were provided by HDR’s staff. Service Order (SO) 8.30 and 8.31 were approved by the City in May 2023 for project management and design services for fiscal year (FY) 2023. Final project design was completed in June 2023, and the bidding process has been underway since June 28, 2023, with bid opening scheduled for August 11, 2023.

Construction is scheduled to begin in mid-September 2023 and work in the channel completed prior to October 15, 2023. Work outside the channel is scheduled to be completed by December 2023.

Construction contract close-out is scheduled to occur between February and April 2024.

Scope of Work
This Scope of Work (SOW) falls under the Master Service Agreement (MSA), SO 9 and covers activities and deliverables that will occur in FY 2024 (July 1, 2023 - June 30, 2024). Unless specifically noted, it is assumed that the scope and fees refer to work planned for completion in FY 2024.

This SOW includes the following tasks:
• Task 2-2.5 – Supplemental project management services. • Task 5-ECIP.301– Bid support services, ESDC, construction management and inspection services, and environmental and biological monitoring services during construction. 26 of 77

16.31 Task 2-2.5 – Supplemental Project Management Services Note: The supplemental PM services and fees are proposed to account for environmental administration and coordination (5 hours over a 20-week period) and site visits.

HDR will plan and carry out all required project management activities needed for on-time and onbudget project completion. This task includes all efforts associated with procuring and managing subconsultant services. Other activities include scheduling of staff and coordinating the quality assurance effort.

Assumptions:

1. City to manage a third-party contract with ECI to install willow cuttings and container-size plants. Maintenance of newly installed plants and trees for approx. 12 months will be performed under the same contract.

2. Monthly reporting and invoicing will be provided as part of the Santa Cruz Water Program.

3. Project duration: July 2023 to April 2024, with most activities occurring between July and December 2023. Remaining activities, such as construction contract close-out, may extend into February to April 2024.

Meetings and Deliverable(s):

1. Subconsultant contract with GDG for engineering services during construction for creek bank erosion repairs.

2. Subconsultant contract with Jodi McGraw Consulting for construction phase biological and environmental monitoring services.

3. Purchase Order for Laboratory services by Blackburn Consulting, as required, to develop design details for the gravel filter layer under the planted rock slope protection.

4. Weekly coordination meetings with City project manager (PM).

Task 5-ECIP.301 –Bid Support, ESDC, CM Inspection, and Environmental Monitoring Services Subtask 5.1– Bid Support Services
HDR will provide services to support City during the bidding and contract award phase. These services include:
• Preparing and maintaining a list of prospective bidders for outreach purposes. HDR will compile this list based on City-provided contact information, search results on disadvantaged business enterprises (DBEs) from State and Environmental Protection Agency (EPA) websites, and plan holders’ lists from nearby agencies. • Calling companies on City-provided contractor list.
• Preparing for and attending one pre-construction site visit at the job site in Felton. • Preparing addenda to revise and clarify bid documents, and to answer prospective bidders’ questions.
• Communications with prospective bidders, such as addenda and questions and answers (Q&As), during the bidding process.
• Assisting City during bids opening, bids review, and contract award processes.

Assumptions:

1. City to prepare staff report for City Council meeting(s).

2. City to post addenda on City’s project website.

3. HDR to notify by e-mail prospective bidders/ plan holders of addenda issued.

Deliverable(s):

1. Up to five Addenda.

2. Prospective Bidders/Plan holders List.

3. Site visit attendees list.

4. Email communications with prospective bidders.
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16.32 Subtask 5.2– ESDC
HDR will provide engineering services during the construction phase, which include conducting a preconstruction meeting; reviewing submittals and requests for information (RFIs) submitted by the contractor for conformance with the contract document requirements; assisting the City in preparing, reviewing and negotiating change orders; and participating in site visits and final walk-through.

Subconsultant GDG will provide ESDC services as the engineer-of-record for creek erosion repair design deliverables. Refer to Attachment 1 for Master Service Agreement Task Order No. 2 dated July 21, 2023, for detailed descriptions of GDG’s services and fees.

Pre-Construction Meeting
HDR will coordinate and attend the pre-construction meeting to review the project scope and respond to questions concerning the plans, specifications, and estimates. Participation in the pre-construction meeting will be by phone.

Deliverables: Meeting notes.

Submittals
HDR will review contractor submittals for conformance with the design drawings and specifications.

HDR’s team will review material submittals and shop drawings, as required by the special and technical provisions.

HDR’s team will review the contractor’s submittals from the contractor, as required by the technical specifications, for work related to HDR’s scope of design services. HDR’s team will review and accept the contractor submittals, such as shop drawings, product data, samples, and other data, for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication process, construction means or methods, coordination of the work with other trades, or construction safety precautions, all of which are the sole responsibility of the contractor.

HDR’s review will be conducted with reasonable promptness while allowing sufficient time, in HDR’s judgment, to permit adequate review. Review of a specific item will not indicate that HDR has reviewed the entire assembly of which the item is a component. HDR will not be responsible for any deviations from the contract documents not brought to the attention of HDR in writing by the contractor. HDR will not be required to review partial submissions nor those for which submissions of correlated items have not been received.

Assumptions: Review and process up to 20 submittals.

Design Clarifications
HDR will respond to RFIs from the contractor when called for by the Construction Manager and prepare modifications or revisions that are related to the project’s original scope and character. HDR’s team will also provide clarifications to the drawing and specifications, as required.

Assumptions: Estimated up to 15 RFIs
Change Orders
HDR will assist the City with the preparation, review, and negotiation of change order requests with the contractor and provide recommendations to the City for change order disposition. HDR’s team will resolve conflicts caused by varying site conditions or discrepancies in contract documents.

Assumptions: Estimated up to four contract changes.
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16.33 Construction Meetings, Site Visits, and Final Walk-Through HDR engineering staff will attend virtual construction meetings to respond to questions concerning the plans, specifications, and estimates.

HDR’s team, including GDG’s staff, will visit the construction site to assist the City with reviewing the acceptability of the work, resolving field problems, and attending construction meetings. HDR’s team will participate in the final walk-through of the constructed project and assist in the preparation of “punch list” items in need of work. The budget for this subtask is based on key staff making up to three site visits.

Assumptions: Up to four one-hour meetings, three site visits, and one final walk-through.

Deliverables: Site visit notes, punch list.

Record Drawings
HDR will prepare record drawings of final project depicting as-built conditions following construction from mark-ups by the contractor and the resident engineer.

Deliverables: Electronic AutoCAD copy and Adobe Acrobat (PDF) copy of the record drawings.

Subtask 5.3 – Construction Management and Inspection Services Construction Meetings
HDR will lead weekly construction progress meetings with the contractor, City staff, and key stakeholders. The purpose of these construction progress meetings is to discuss construction status and to review key issues with the contractor. HDR will participate in the weekly construction meetings as well as the final construction completion meeting.

Assumptions: up to 14 weekly construction progress meetings, one final project closeout meeting.

Documentation management will be provided using Procore for shared document access.

Deliverables: Meeting minutes, notes, and agendas (in PDF).

Progress Payments
HDR will review monthly progress payment requests prepared by the contractor prior to submitting them to the City for review, approval, and processing for payment. HDR will negotiate discrepancies, if necessary, and make recommendations for the City’s approval.

Assumptions: Two hours are assumed for the Construction Manager’s review of the monthly progress payment. It is assumed that the delay of schedule will not hinge upon the process of the contractor’s monthly pay application.

Deliverables: Processing of up to five progress payment requests.

Schedule Monitoring
The Construction Manager will thoroughly review the contractor's preliminary and baseline schedules prior to commencement of work to verify that the full scope of construction work is included and properly sequenced, and that adequate time is provided for the performance of construction activities.

Detailed monthly reviews and monitoring of the contractor’s schedule and progress will provide early feedback on deviations from the baseline schedule and identifies trends that could lead to Project delay.

Assumptions: Construction Manager will review one preliminary schedule, one baseline schedule, and three monthly schedule updates. Each review will take two hours. 29 of 77

16.34 Change Orders
The Construction Manager will prepare a change order package for approval and execution by the City and the Contractor. For each change order package, the Construction Manager will prepare and submit to the City a Change Order Negotiation Memorandum. The Memorandum shall document the scope of the change, the reason for the change, the contractual basis meriting the change, price reasonableness of the change, and the agreed upon cost and time modifications, and provide other information regarding the Change Order.

Deliverables: Change Management Process; Change Order log identifying potential change orders (PCOs), change orders and directed change orders; and Change Order reports and records Assumptions: Review and process up to four change orders.

Submittals
HDR will receive, log, and confirm compliance with submittal requirements, distribute for review, and monitor the submittals to achieve timely return to contractor. The Construction Manager will review submittals for format, compliance, and general completeness prior to forwarding to the Design Engineer reviewer.

HDR will review the contractor’s submittals, including shop drawings and operations and maintenance (O&M) manuals, from the contractor as required by the technical specifications, for work related to HDR’s scope of design services. HDR will review and accept the contractor submittals, such as shop drawings, product data, samples, and other data, for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication process, construction means or methods, coordination of the work with other trades, or construction safety precautions, all of which are the sole responsibility of the contractor.

Assumptions: Review and process up to 20 submittals.

RFI Process
HDR will coordinate and manage a formal RFI review and approval process. RFIs submitted by the Contractor will be processed into Procore by the Construction Manager and routed to the Design Engineer reviewer and the City for information and comment. The review comments of the construction management team, Design Engineer, and City will be coordinated, and a response will be logged into Procore and provided to the Contractor.

Deliverables: RFI log, included in weekly progress meeting documentation and RFI records.

Post-Construction
The Construction Manager will begin the process of milestone acceptance near the conclusion of each milestone and the process of Project acceptance and construction contract close-out near the conclusion of the Project.

The Construction Manager will implement the complete review of the construction documents to identify unresolved issues for RFIs/submittals/deliveries/warranties, services, or certifications.

Documentation for each step of the close-out process will be assembled along with a calendar of warranty inspection and follow-up activities.
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16.35 Deliverables: Documentation required for final acceptance and closeout of the construction contract includes one digital copy of construction photographs, inspection reports, warranties, spare parts lists, and other close-out documents.

Construction Observation/Inspection
HDR will furnish the services of a qualified inspector to perform on-site inspection. Services will consist of observation and inspection work performed by the Contractor. • Maintain daily photo and activity logs.
• Delineate work to be completed by the contractor and track of work progress and work performed.
• Report non-conformance.

Assumptions: Construction inspection is only focused on quality assurance (periodic inspection); quality control will be the contractor’s responsibility.

Deliverables: Construction activity logs and digital construction photographs.

NOTE: CONSTRUCTION PROCEDURE
Construction Inspector observation or monitoring portions of the work performed under construction contracts shall not relieve the Contractor from its responsibility for performing work in accordance with applicable contract documents. Construction inspection shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedure of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control, or have charge of construction. Construction Inspector shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of construction inspection beyond those set forth in this Agreement. The City agrees to include construction management and inspection services as an indemnified party in City construction contracts for the work, which shall protect construction management and inspection to the same degree as the City. Further, the City agrees that construction management and inspection services shall be listed as an additional insured under the construction Contractor’s liability insurance policies.

Material Testing, Sampling, and Specialty Inspection
This scope of work and budget assumes that HDR will provide a specialty inspection, material testing, and sampling through BAGG, Inc. in San Jose, or other qualified firm(s) in the County of Santa Cruz or nearby locations.

BAGG will provide specialty inspection (i.e., certified welders) on an as-needed basis. BAGG will provide material testing, sampling, and compaction testing performing in the field and the laboratory.

BAGG cost is estimated based upon Rough Order of Magnitude (ROM).

Subtask 5.4 – Environmental and Biological Monitoring Services During Construction HDR has entered into a subconsultant contract with Jodi McGraw Consulting (JMc) for environmental and biological monitoring services related to terrestrial and semi-aquatic species (Attachment 2).

Reference is made to Attachment 2 for detailed descriptions of tasks and fees.

The City plans to retain a third-party consultant for monitoring services related to aquatic species and fish rescues, if necessary.

Fee Estimate and Terms
HDR will perform the work described in this proposal on a time-and-materials basis, with a not-toexceed total, in accordance with the terms and conditions of a mutually acceptable agreement. 31 of 77

16.36 The proposed fee is based upon the specified duration and additional budget may be required in the case of schedule delays in accordance with the terms and conditions of a mutually acceptable agreement.

The table below shows our estimated fee to perform the scope of work described above. This fee will not be exceeded, unless authorized in writing by City. Refer to SO 9.7 Fee Sheet for detailed estimates and assumptions.

Task Description Fee
2-2.5 Supplemental PM Services $24,310
5-
ECIP.301
Bid Support, ESDC, CM Inspection, and
Environmental Monitoring Services
$377,203

5.1 Bid support services $27,345

5.2 ESDC $85,364

5.3 CM inspection services $186,830

5.4 Environmental monitoring services $77,664
TOTAL FEE SO 9.7 $401,513
Schedule
The project schedule is summarized in the below table.

Item Description Date
1 Bids Opening Date 8/11/23
2 Bis Review, Notice of Intent to Award, Bid Protest
Period, NTP
8/11-8/29/23
3 First Day of Construction 8/30/23
4 In-Stream Construction Completed 10/15/23
5 Remaining Construction outside of channel
Completed
12/8/23
6 Final acceptance Feb – April 2024
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16.37 ATTACHMENT 1
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16.38 Geomorph Design Group 2100 Fourth Street, No. 154, San Rafael, CA 94901 mobile/office 510-219-1064 May 12, 2023
HDR
3945 Freedom Circle, Suite 280
Santa Clara, CA 95054-1265
Attention: Tim Nguyen, PE, Sr. Engineering Project Manager Subject: Emergency Civil Engineering Design and Construction Support Services Zayante Creek Bank Stabilization
Reference: HDR Project Name: Felton Diversion Pipeline 2023 Emergency Repairs HDR Project Number: 10347548
Dear Mr. Nguyen:

Geomorph Design Group (GDG) is pleased to submit this final revised proposal for emergency phase engineering services for the Felton Diversion Pipeline 2023 Emergency Repairs Project. GDG had teamed with Shedden Engineering & Surveying (SE&S) on the previously submitted selected proposal. Because SE&S would not have been able to meet the insurance requirements soon enough to meet the aggressive project timeline, GDG took the lead on final proposal development. GDG holds insurances meeting the Master Agreement insurance requirements. GDG will lead the implementation of this work in association with SE&S.

In preparation of this proposal SE&S and GDG discussed the project with you, reviewed the recently prepared SE&S HEC-RAS hydraulic model for the Zayante Creek, visited the site on May 2, 2023, reviewed the Brief Summary of Bank Stabilization Options prepared by CBEC (April 1, 2023), and reviewed the pertinent borings in the revised Draft Geotechnical Report prepared by Crawford & Associates, Inc. (Dec 2021). This proposal was again revised during contract negotiations to respond to comments furnished by HDR on May 8, 2023, including adding tasks for permitting support, engineering services during construction, project management mtgs, and preparation of as-built plans. It was again revised to respond to comments furnished by HDR and City on May 10, 2023, including adding optional task to perform boundary survey in the project work area vicinity. The proposal and cost estimate were revised a fourth time to respond to comments from HDR and City received on May 11, 2023, including verbal comments from HDR requesting that the level-of-effort expended on the following tasks be capped at lower level:
 Task 2 (Design Phase Hydraulic Model Analysis);
 Task 3 (Design Plans & Specifications);
 Task 4 (Project Management and Zoom Mtgs); and,
 Task 6 (No-Rise Certificate) be capped at a lower level.

GDG had increased the level-of-effort estimates for these tasks from proposal version 2 to version 3 based on, among other things, the extended beyond emergency design-permitting-construction timeline of the project implied by the comments received to version 2 and the emphasis in the comments re. the sensitivity of the floodplain impacts analysis and importance of Consultant’s insurance for responding to potential lawsuits. However, HDR directed GDG to revise the level-of-effort for all of these tasks back to the earlier estimates. Despite reservations, GDG revised Exhibit C to comply with all of HDR’s requirements. GDG will complete work on a time-and-materials not-to-exceed basis up to the individual task line-item budget amounts in Exhibit C. GDG will not complete work exceeding these budget line items without expressed approval by GDG, such as contract amendment or Change Order process per terms of the Master Agreement. As such, should the Task 6 budget be insufficient for preparing 34 of 77

16.39 HDR, Inc. Attn: Tim Nguyen
Proposal for Felton Diversion Pipeline Emergency Repair – Zayante Creek Bank Stabilization May 12, 2023

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Santa Cruz City CouncilDecember 12, 2023

Santa Cruz City Council
December 12, 2023