Cities Index.
Agenda packet

Santa Cruz City Council
April 30, 2024

Document
Agenda packet
Meeting
April 30, 2024
Body
Santa Cruz City Council
Pages
33
Original file
119.4 MB
Text extracted from the city's file for reading and search. Open the original on ecm.cityofsantacruz.com. That file is the official record.

 List achievable project deliverables for each Task
 EXCLUDE environmental, complex design, engineering work, and other ineligible activities outlined in the Grant Application Guide

SCOPE OF WORK
Project Information
Grant
Category Sustainable Communities Competitive
Grant Fiscal
Year FY2023-24
Project Title City of Santa Cruz Active Transportation Plan Update Organization
(Legal name) City of Santa Cruz
Disclaimer
Agency commits to the Scope of Work below. Any changes will need to be approved by Caltrans prior to initiating any Scope of Work change or amendment.

Introduction
The City of Santa Cruz is requesting funds to update the City of Santa Cruz Active Transportation Plan (ATP) that was approved more than five years ago in 2017. This update will emphasize the implementation of vision zero (no fatalities or serious injuries by 2030), focus on serving underserved communities in the City including the large unhoused population, increase active transportation accessibility for all ages and abilities including students and seniors, incorporate a Health in All Policies framework and connect active transportation infrastructure resilience to climate impacts. The City of Santa Cruz has numerous mixed -use infill development projects that are under construction or planned.

An update to the Active Transportation Plan will also assess what additional bicycle and pedestrian facilities will support these developments as well as incorporate the most cutting edge design ideas best practices with an emphasis on protected facilities. This update will reengage the community, designing a community active transportation vision that will help the City compete for grant funds for constructing active transportation facilities. The ATP Update will assist in constructing non-motorized transportation infrastructure and advance the goals of the Santa Cruz General Plan, Santa Cruz Climate Action Plan, Santa Cruz City Schools Complete Streets Master Plan, Santa Cruz County Regional Transportation Plan, CA Strategic Plan, CA Bicycle and Pedestrian Plan, and CA Climate Action Plan for Transportation Infrastructure (CAPTI) by furthering safety, health, equity, environmental, and accessibility goals. In addition to the ATP

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Update, education and encouragement of active transportation will be integrated into this project.

The City of Santa Cruz is located in Santa Cruz County, California. The City limits encompass a total land area of 12.7 square miles. Santa Cruz is generally bounded by the Monterey Bay, the Santa Cruz Mountains, and public open space areas. The City is known for its natural setting, vibrant tourism base, cultural amenities, diverse community, great weather, and high quality of life.

These amenities distinguish Santa Cruz as one of the most livable and soughtafter communities in the Monterey Bay Area, and make Santa Cruz an ideal community to use active modes of transportation. The City of Santa Cruz is home to the University of California at Santa Cruz (UCSC), founded in 1965.

While the UCSC campus has many on campus housing options, many students and faculty live in the City Santa Cruz. The culture and community of UCSC has a large impact on the city.

Santa Cruz is a coastal community of approximately 62,714 residents. Nearly equal numbers of males (30,771) and females (31,943) live in the City of Santa Cruz. According to the Census 2017-2021 American Community Survey, the median age in the City is 29, a younger median than the state (37)). The young median age in the City of Santa Cruz is partially attributable to the UCSC student body. Besides residents, visitors are another important demographic. Santa Cruz is a world-renowned tourist destination. Popular tourist destinations in Santa Cruz include the beaches and waterfront, Santa Cruz Beach Boardwalk, local and regional wineries, redwood forests, and restaurants and shopping areas. Adding to the appeal of Santa Cruz is the temperate climate, making it an ideal location for walking and biking.

While the natural beauty and unique setting can make the town seem ideal, there is a less attractive aspect to Santa Cruz -- a housing crisis and considerable disparity in income. A whopping 60% of City residents are renters and half of County residents are minimum wage workers. Santa Cruz has the unenviable distinction of being the 4th least affordable city in the entire world and the least affordable in the U.S. And, as previously stated, the City has the highest rate of homelessness in the country (No Place Like Home, August 2021). Housing costs in the City of Santa Cruz are incredibly high. According to the California Housing Partnership’s 2022 Affordable Housing Needs report, a renter in Santa Cruz would need to earn $48.08 per hour, 3.2 times the state’s minimum wage, to afford average rent (https://chpc.net/). While grant DAC definition uses statewide MHI, the cost of living in the Santa Cruz community is substantially higher than the state. For this reason, we used have a regional DAC definition. The underserved communities in the City of Santa Cruz are shown in Figures 2, 3 and 4. The regional disadvantaged community (DAC) definition is defined in the 2045 Santa Cruz County Regional Transportation Plan based on race and income (Figure 2), and low mobility due to either a large population of people who are

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over 65 and have an income below poverty level, a large population of households who do not own a vehicle, or a large population of people who are disabled (Figure 3). Most of the census tracts within the City of Santa Cruz are defined regionally as underserved communities. As defined by Assembly Bill 1550, many of the census tracts in the City of Santa Cruz are considered underserved low-income communities as at or below 80% of state median income (Figure 4).

Additionally, as a small rural community with big city challenges, there is little funding to balance the very real need to secure safe multi-modal infrastructure, build safe active transportation networks and adequately confront and solve the housing and homeless crises. As housing and transportation are so interwoven, it is our desire to take a deeper, more holistic approach to our outreach with the ATP and take advantage of a City government readiness to enact real change. By revising the ATP now, we are positioning the City to ready itself for the Active Transportation Program Cycle 8 funding call. Because of our small town tax base we rely heavily on the ATP as a funding mechanism for bike and pedestrian infrastructure.

Project Stakeholders
The City of Santa Cruz Public Works staff will manage this project and will engage the following stakeholders:
• A consultant will be procured through an RFP process to assist with all project tasks (Tasks 3-10) from Public and Stakeholder Engagement to reenvisioning the active transportation network and drafting the report. • A Technical Advisory Committee (TAC) representing a diverse pool of organizations will be engaged including but not limited to Public Works, Public Transit, Public Health, Planning, Caltrans District 5, Santa Cruz City Schools, Association of Monterey Bay Area Governments, and Regional Transportation Commission staff.
• Focus Group(s) will be formed that are made up of representatives of underserved communities. These communities include those defined low income by AB1550, communities that are defined regionally as disadvantaged communities through our Regional Transportation Plan process, and smaller areas that may not show as underserved at the census tract level but would still be considered underserved and may be experiencing a lack of active transportation facilities in their neighborhoods.
• Focus groups will be formed that are made up of biking and walking advocacy groups, businesses, seniors, unhoused, people with disabilities, schools, and other advocates for health and safety.
• The entire community will be engaged in updating the Active Transportation Plan

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• Ecology Action (Sub-Applicant) will assist with organizing and conducting the public outreach and public input collection process and assist throughout planning process.

Overall Project Objectives
The overall project objectives are described below:
• Assess implementation progress since 2017 Active Transportation Plan. • Develop a comprehensive plan for active transportation that furthers the Association of Monterey Bay Area Governments Metropolitan Transportation Plan – Sustainable Communities Strategy (AMBAG MTPSCS). • Reduce GHG emissions from transportation and improve public health outcomes.
• Utilize a Vision Zero lens to achieve safety outcomes for nonmotorized users.
• Utilize a Health in All Policies lens to increase physical activity and improve health for city residents.
• Assess need for additional bike and walk facilities to support the numerous mixed-use developments that are planned or under construction and support infill housing opportunities.
• Inventory current biking and walking facilities in the City and identify barriers to biking and walking.
• Conduct a collaborative and extensive public participation process to engage diverse stakeholders and the public, with a key focus on using nontraditional outreach methods to engage with underserved communities and develop a plan that garners broad community support. • Engage representatives of the unhoused population to determine active transportation needs for this community.
• Identify gaps in networks/routes and prioritize projects that connect to popular activity centers, including schools, parks, community and senior centers.
• Identify the priority order of infrastructure improvements to increase biking and walking, including a funding strategy.
• Identify low-cost, non-infrastructure solutions to increase the safety and number of active trips.
• Propose programs and projects that further City goals as defined in the Climate Action Plan, Santa Cruz City Schools Complete Streets Master Plan, General Plan, Specific Plans, and other planning documents. • Meet the standards set for in California Streets and Highways code section 891.2 and Active Transportation Plan requirements set forth in Chapter 22 of the Local Assistance Program Guidelines.

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• Produce a plan to guide future active transportation infrastructure improvements to increase the frequency and safety of active transportation in the City of Santa Cruz.

Summary of Project Tasks
Task 1: Project Administration
The City of Santa Cruz will manage and administer the grant project according to the Grant Application Guidelines, Regional Planning Handbook, and the executed grant contract between Caltrans and the City of Santa Cruz.

Fiscal Administration
• Submit complete invoice packages to Caltrans District staff based on milestone completion—at least quarterly, but no more frequently than monthly.
• Responsible Party: City of Santa Cruz
Quarterly Reports
• Monitor project progress and prepare and submit quarterly reports to Caltrans District staff providing a summary of project progress and grant/local match expenditures.
• Responsible Party: City of Santa Cruz
Kickoff Meeting
• Caltrans and City of Santa Cruz kickoff meeting at the beginning of the project to coordinate and review scope, schedule, and budget Responsible Party: City of Santa Cruz
Task Deliverables
Invoice packages
Quarterly reports
Kickoff meeting agenda

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Task 2: Consultant Procurement
• City of Santa Cruz will procure a consultant, consistent with state and federal requirements, Local Assistance Procedures Manual for procuring non-Architectural and Engineering consultants, the Grant Application Guide, Regional Planning Handbook, and the executed grant contract between Caltrans and the City of Santa Cruz.
• Research and hire, through a competitive RFP process, a consultant with experience in comprehensive community engagement and active transportation planning.

Responsible Party: City of Santa Cruz
Task Deliverables
Request for proposals
Contract between consultant and City of Santa Cruz including any amendments
Task 3: Engagement Plan
Develop an Engagement Plan:
• Devise an engagement plan to reach a diverse cross section of the community with a multi-tiered approach including:
o a focus on underserved populations
o establishing a technical advisory committee of partner agencies o convening focus group meetings with community advocacy groups that represent a diverse pool of interests such as pedestrians and bicyclists, elderly and disabled, environmental, youth, health, business, and neighborhood groups
o soliciting input from the general public
• Determine and map areas with underserved populations
• Identify representatives of underserved populations to support engagement and engage with trusted messengers
• Utilize existing relationships with NGO groups that work in underserved communities, including Nueva Vista Community Resources, Second Harvest Food Bank, Senior Centers, Veterans Services, Homeless Services, and others. Attend farmers markets, service agencies, and other venues.

Post materials English and Spanish.
• Determine a list of community groups and identify representatives. • Consider various outreach mechanisms such as newsletters, social media (e.g., local Facebook groups, NextDoor), local press such as news articles, direct outreach to non-governmental (NGO) groups, and other channels.

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• Set up a schedule for the full list of engagement strategies based on key milestones of the project including identifying active transportation need, developing the project list and priority order, and seeking input on the draft plan.
• Local NGO team with robust connections to DAC and underserved communities will assist with development of specific strategies to reach underserved community residents who are too often left out of transportation planning discussions.

Responsible Parties: Consultant, Ecology Action, and City of Santa Cruz Create Project Website
• Develop a bilingual project website to share information about the Plan development process, promote outreach events, and host the community survey, as well as allow members of the public to view and provide feedback on various aspects of the Plan.

Responsible Parties: Ecology Action
Create Outreach Materials
• Develop bilingual outreach materials to support the outreach strategy, with visuals to accommodate low-literacy individuals. Materials will include but not are limited to:
• Posters, fliers, and mailers to promote pop-up outreach events, focus group meetings, and community meetings.
• Outreach toolkit which could include social media graphics, advertising graphics, and email templates.

Responsible Parties: Ecology Action
Task Deliverables
Stakeholder Engagement Outreach Plan
Project website
Outreach materials

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Task 4: Engagement with Underserved Populations
Non-Traditional and Underserved Engagement Meetings
• Identify specific areas of the City with underserved populations based on a variety of factors including income, minority, age, housing security, access to vehicle
• As determined in the Engagement Plan, consider targeted outreach events to reach underserved communities in the City of Santa Cruz. These outreach activities will utilize methods to engage with the target communities, including being bilingual and culturally competent. • Conduct up to eight pop-up style outreach in neighborhoods, at community-based organizations, and through existing relationships with community leaders to achieve trust and deeper outreach opportunities with underserved communities to ensure they fully share in the benefits of this Plan. Attending existing gatherings is critical for engaging a broad and diverse range of people living and working in Santa Cruz. • Utilize the strategies from the draft Equity Plan that is under development by the Santa Cruz County Regional Transportation Commission to determine the best underserved engagement strategy for this project. • Utilize the Beach Flats Community liaison to engage with this area of the City that has the lowest income population and limited English proficiency • Hold a minimum of 3 meetings at key milestones of project including project introduction and existing conditions, project list development, and draft ATP.

Responsible Parties: Consultant, Ecology Action, and City of Santa Cruz Task Deliverables
Schedule of Engagement
Summary of Input Received
Task 5: Technical Advisory Committee
Establish a Technical Advisory Committee
• Establish a technical advisory committee made up of representatives from a diverse set of partner agencies including planning, public works, public transit, health, housing, Caltrans District 5, K-12 schools, RTC Bicycle

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Committee, RTC Elderly and Disabled Advisory Committee, and other relevant agency staff.
• Hold a minimum of 3 meetings at key milestones of project including identifying active transportation needs, development of project list, and draft ATP.
• Review and analyze comments from the TAC to help determine the active transportation needs, the project list, priority order, and provide input on the draft ATP.

Responsible Parties: Consultant and City of Santa Cruz
Task Deliverables
List of people invited to join TAC
Meeting agendas and Summary of Input Received
Task 6: Public and Community Groups Engagement
Convene Focus Groups to Engage Community Organizations
• Set up a series of focus group meetings with community advocacy groups that represent a diverse interests such as pedestrians and bicyclists, elderly and disabled, environmental, youth, health, business, and neighborhood groups. Meetings will be organized in partnership with community organizations and align with existing meetings or gathering places where possible. These interviews will be focused on current barriers to active transportation and gather recommendations on meaningful education and encouragement programs that would enable each group to walk and bike more frequently and more safely
• Hold 1-3 meetings for each focus group at key milestones of project including identifying active transportation needs and development of project list, and draft ATP.
• Review and analyze comments from the Focus Groups to help determine the active transportation needs, the project list, priority order, and provide input on the draft ATP.

Responsible Parties: Consultant, Ecology Action, and City of Santa Cruz Convene Public Meetings
• Convene a minimum of two public meetings bringing residents of the community together to provide input at key milestones of the project.

Host meetings in a location that is convenient to residents throughout the City and ensure that it is accessible via multimodal transportation or via

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accessible online platforms to improve participation. Meetings will be held on days and times that will provide the greatest level of participation. • Have a translator available for non-English-speaking audience members. • Key milestones of project include development of project list by identifying active transportation needs and draft ATP.
• Provide options for online meeting participation.
• Promote an online comment option.

Responsible Parties: Consultant, Ecology Action, and City of Santa Cruz Public Hearing
• A public hearing will be held at the City Council meeting during the draft Final ATP presentation.
• Responsible Parties: Consultant and City of Santa Cruz Provide Regular Project Updates
• Regular project updates and meeting notices will be available through social media posts, electronic newsletters, press releases and email notifications to distribution lists
• The project website will be updated regularly to show progress on this project, next steps for completion, and ways to provide input.

Responsible Parties: City of Santa Cruz and Ecology Action Review & analyze public comments from a variety of sources • Review, categorize, and analyze public comments from tabling at community events and venues, public meetings, emails providing input on the project, and online comment tool to summarize public input and priorities. Public comments will be incorporated into the final ATP and help determine the ATP prioritized project list.

Responsible Parties: Consultant and City of Santa Cruz
Task Deliverables
List and Schedule of outreach including social media posts, newsletters, email notifications etc
Meeting agendas, presentations, and summary of input received

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Task 7: Existing Conditions
Inventory Bike & Pedestrian Facilities
• Inventory all current bike and pedestrian facilities throughout the City of Santa Cruz.
• Identify progress on the 2017 Active Transportation Plan • Identify and map major trip origins and destinations including schools, business districts, transit facilities, healthcare sites, senior facilities, parks and other recreational areas
• Assess type and condition of existing facilities Inventory existing non infrastructure and education/encouragement program
Responsible Parties: Consultant, Ecology Action, and City of Santa Cruz Compile bike & pedestrian data
• Analyze and summarize bike and pedestrian travel mode share, on street counts/counters,
bikeshare, and other available data for the City of Santa Cruz. • Compile, map, and analyze bicycle and pedestrian crash data, including traffic counts at up to 15 key locations
Responsible Parties: Consultant and City of Santa Cruz
Review current relevant existing plans
• Review and analyze City of Santa Cruz existing plans related to transportation including the 2017 Active Transportation Plan, General Plan, Climate Action Plan, City Schools Compete Streets Master Plan, and other related planning documents.
• Review and analyze California plans related to active transportation including CA Strategic Plan, CA Bike and Pedestrian Plan, CA State Bicycle and Pedestrian Plan Progress Report, CA District 5 Active Transportation Plan and associated Story Map, CA Climate Action Plan for Transportation Infrastructure (CAPTI)
• Use information from these existing plans to guide the development of the Active Transportation Plan Update.
• Review and analyze Santa Cruz County plans including the 2022 County of Santa Cruz Active Transportation Plan and the 2045 Santa Cruz County Regional Transportation Plan to find opportunities for connectivity Responsible Party: Consultant

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Task Deliverables
Map and list of active transportation facilities
Map of destinations
Results of bike and pedestrian data analysis
List of documents reviewed
Task 8: Identification of Active Transportation Needs and Project List Identify programs and projects for improvements
• Identify additional and improved links needed to create a complete and safe bicycle network.
• Identify additional and improved links needed to create a complete and safe pedestrian network.
• Identify other system improvements including bicycle parking, signing, markings, crossings and lighting.
• Identify projects that improve safety at hazardous locations along the bicycle network.
• Identify projects that improve safety at hazardous locations along the pedestrian network.
• Identify strategies, practices and programs for pedestrian improvements appropriate for the City.
• Identify strategies, practices and programs for bicycling appropriate for the City.
• Identify feasibility and preliminary cost analysis of projects • Develop list of non infrastructure and education/encouragement program recommendations
• Through all improvements, utilize Vision Zero, Health in All Policies, and Climate Action and Adaptation lenses.

Responsible Parties: Consultant, Ecology Action, and City of Santa Cruz Prioritization of Project List and Implementation Planning • Develop an infrastructure project ranking mechanism based on a variety of factors that influence active transportation, including levels of traffic, history of collisions, nearby trip generators, population data, and public input. Use a Vision Zero lens and prioritize facilities that serve all ages and abilities.
• Prioritize needed bicycle and pedestrian facilities based on the methodology.
• Develop evaluation criteria and scoring for non infrastructure recommendations and create prioritized list of recommendations. • Develop a phased action plan, financial plan, and timeline for implementation.

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Responsible Parties: Consultant, Ecology Action, and City of Santa Cruz Task Deliverables
Project List
Prioritization Framework
Priority List of Projects
Task 9: Develop Santa Cruz Active Transportation Plan Update-Draft and Final Develop Draft Plan
• Produce an Active Transportation Plan for the City of Santa Cruz detailing current bike and walking conditions, barriers, and solutions. The plan will describe current obstacles and challenges and recommend infrastructure (IN) solutions that connect residents to major activity centers. IN needs will be noted and reviewed by Public Works staff and the consultant. A list of potential IN solutions will be developed. All data collected (e.g., mode share, crash & health data) will be included. Comprehensive community input will be incorporated throughout the plan. An appendix highlighting outreach and engagement work with underserved communities, the TAC, community organizations and the public and resulting ATP recommendations will be included. An infrastructure and noninfrastructure priority project list will be created. • Plan shall include:
 Why Active Transportation? Vision Zero, Health in All Policies, and Climate
 Existing Active Transportation Policies and Plans
 Vision and Goals
 Existing Conditions – City Setting, Types/Number of Users, Crash Data, Health
 Existing Bicycle and Pedestrian Network, Facilities and NonInfrastructure Programs  Engagement Plan and Input Received
• Underserved Populations
• Technical Advisory
• Community Organizations, Public
• School Districts
• Coordination with partner agencies including Caltrans, UCSC, County of Santa Cruz, METRO
• Summary of Input Received

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 Active Transportation Needs
• Serving the Underserved
• Designing Active Transportation for All Ages and
Abilities
• Integration of Cycling with Public Transit
• Biking and Walking for New Developments
• Improving Safety through Context Sensitive Facilities • Wayfinding - Description of proposed signage providing wayfinding along bicycle and pedestrian networks to
designated destinations.
• List of non infrastructure and
education/encouragement program
recommendations
 Prioritization Framework and Project List with priority order and cost estimates
 Implementation and Reporting Plan
 Steps necessary to implement the Plan
 Reporting process to keep decision makers and
community informed, including recommended framework
for annual report on progress
 Financing Plan
• Overview of past expenditures on bicycle and
pedestrian facilities and programs
 Identification of future financial need and Financial Plan to implement
• Identification of existing and potential funding sources and partnerships
 Policies and Procedures for Network Maintenance
• Develop maintenance guidelines necessary to keep
the system in a safe state of good repair
Responsible Parties: Consultant and City of Santa Cruz
Review Draft Plan
• Consultant, and City Staff will review draft plan to assure best practices are applied, Plan reflects the plan process work and is implementation ready.

Responsible Parties: Consultant, Ecology Action, and City of Santa Cruz Consolidate revisions into final Plan document

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• The draft comments from consultant, City staff, Transportation and Public Works, Technical Advisory Committee, Focus Groups and the public will be incorporated into the Draft Final Plan. This draft final will be presented to the Transportation and Public Works Commission and the City Council as described in Task 10.

Responsible Party: Consultant
Final Plan
• The final Plan will be presented to the City Council (Task 10) and will include and respond to comments from stakeholder and public engagement.
• The Final Plan will be posted to the project website. • Create a press release for media distribution.
• Project recommendations and all research will be available for use in upcoming funding proposals, most notably the Active Transportation Program. Data will also be available for use in local funding call for projects and future state and federal applications.
• Final Plan will be provided to Caltrans
Responsible Parties: Consultant and City of Santa Cruz
Task Deliverables
Draft Plan
Summary of comments from stakeholders and public
Final Plan
Press release
Task 10: Advisory Committee Input and Board Review and Approval Advisory Commission and Council Review of Milestones, Draft, and Final Plan • Present and receive comments from Transportation and Public Works Commission at three meetings. One meeting will be during the development of the updated project list, one meeting will be review and comment on the draft ATP, and a final meeting will be presentation of the draft Final plan for review and comment prior to presentation to the City Council.
• Present and receive comments from the City Council at up to three meetings. One of these meetings will be during Plan development, one

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meeting will be on the draft final plan and an additional meeting if needed to incorporate further comments and feedback.

Responsible Party: Consultant and City of Santa Cruz
Task Deliverables
Transportation and Public Works Commission staff reports, meeting agendas, and minutes
City Council staff reports, meeting agendas, and minutes Resolution stating plan approval

17.32 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 14
EXHIBIT B: FEE SCHEDULE

17.33 Project Name: CTPG (SC) 23-26
2024 Hours 2024 Cost 2025 Hours 2025 Cost 2026 Hours 2026 Cost Total Grant Hours Total Grant Budget Task 3: Engagement Plan +
Outreach Materials
Staff Time
Amelia Conlen 25 $2,447.75 $0.00 $0.00 25 $2,447.75
Gino Garcia 25 $2,070.75 $0.00 $0.00 25 $2,070.75
Tatiana Burdiak 20 $3,260.40 10 $1,695.40 5 $881.65 35 $5,837.45 Rachel Peterson 40 $4,858.00 20 $2,526.00 $0.00 60 $7,384.00 Sarah Seward 10 $1,819.20 $0.00 $0.00 10 $1,819.20
Margaret Ireland 40 $4,129.20 20 $2,147.20 $0.00 60 $6,276.40 $0.00 $0.00 $0.00 0 $0.00
Staff Time Billing $18,585.30 $6,368.60 $881.65 215 $25,835.55 Consultants/Contractors $0.00
Mileage $0.00
Supplies $3,000.00 $3,000.00
Other Expenses $0.00
Totals: $21,585.30 $6,368.60 $881.65 $28,835.55
Task 4: Engagement with
Underserved Populations
Staff Time
Amelia Conlen 25 $2,447.75 $0.00 $0.00 25 $2,447.75
Gino Garcia 80 $6,626.40 $0.00 $0.00 80 $6,626.40
Aaron Cole 80 $5,253.60 $0.00 $0.00 80 $5,253.60
$0.00 $0.00 $0.00 0 $0.00
Staff Time Billing $14,327.75 $0.00 $0.00 185 $14,327.75 Consultants/Contractors $0.00
Mileage $500.00 $500.00
Supplies $500.00 $500.00
Other Expenses $0.00
Totals: $15,327.75 $0.00 $0.00 $15,327.75
Task 5: Technical Advisory
Committee
Staff Time
Amelia Conlen 10 $979.10 5 $509.10 $0.00 15 $1,488.20
Gino Garcia 10 $828.30 5 $430.70 $0.00 15 $1,259.00
$0.00 $0.00 $0.00 0 $0.00
Staff Time Billing $1,807.40 $939.80 $0.00 30 $2,747.20 Consultants/Contractors $0.00
Mileage $100.00 $100.00 $200.00
Supplies $0.00
Other Expenses $0.00
Totals: $1,907.40 $1,039.80 $0.00 $2,947.20
Task 6: Public Engagement
Staff Time
Amelia Conlen 30 $2,937.30 30 $3,054.60 $0.00 60 $5,991.90 Gino Garcia 200 $16,566.00 100 $8,614.00 $0.00 300 $25,180.00 Aaron Cole 200 $13,134.00 100 $6,830.00 $0.00 300 $19,964.00 $0.00 $0.00 $0.00 0 $0.00
$0.00 $0.00 $0.00 0 $0.00
Staff Time Billing $32,637.30 $18,498.60 $0.00 660 $51,135.90 Consultants/Contractors $0.00
Mileage $250.00 $250.00 $500.00
Supplies $500.00 $500.00 $1,000.00
Other Expenses $0.00
Totals: $33,387.30 $19,248.60 $0.00 $52,635.90
Task 7: Existing Conditions
Staff Time
Amelia Conlen 10 $979.10 $0.00 $0.00 10 $979.10
Jeanne LePage 10 $1,267.80 $0.00 $0.00 10 $1,267.80
$0.00 $0.00 $0.00 0 $0.00
Staff Time Billing $2,246.90 $0.00 $0.00 20 $2,246.90
Consultants/Contractors $0.00
Mileage $0.00
Supplies $0.00
Other Expenses $0.00
Totals: $2,246.90 $0.00 $0.00 $2,246.90
Task 8: Project List
Staff Time
Amelia Conlen $0.00 50 $5,091.00 $0.00 50 $5,091.00
Jeanne LePage $0.00 20 $2,637.00 $0.00 20 $2,637.00
Aaron Cole $0.00 50 $3,415.00 $0.00 50 $3,415.00
Staff Time Billing $0.00 $11,143.00 $0.00 120 $11,143.00 Consultants/Contractors $0.00
Mileage $0.00
Supplies $0.00
Other Expenses $0.00
Totals: $0.00 $11,143.00 $0.00 $11,143.00
Task 9: Draft and Final Plan
Staff Time
Amelia Conlen $0.00 20 $2,036.40 $0.00 20 $2,036.40
Jeanne LePage $0.00 20 $2,637.00 $0.00 20 $2,637.00
$0.00 $0.00 $0.00 0 $0.00
Staff Time Billing $0.00 $4,673.40 $0.00 40 $4,673.40
Consultants/Contractors $0.00
Mileage $0.00
Supplies $0.00
Other Expenses $0.00
Totals: $0.00 $4,673.40 $0.00 $4,673.40
Staff Name Hours Totals Hours Totals Hours Totals Total Hours Total Cost Amelia Conlen 100 $9,791 105 $10,691 0 $0 205 $20,482.10 Gino Garcia 315 $26,091 105 $9,045 0 $0 420 $35,136.15
Aaron Cole 280 $18,388 150 $10,245 0 $0 430 $28,632.60
Jeanne LePage 10 $1,268 40 $5,274 0 $0 50 $6,541.80
Tatiana Burdiak 20 $3,260 10 $1,695 5 $882 35 $5,837.45 Rachel Peterson 40 $4,858 20 $2,526 0 $0 60 $7,384.00
Sarah Seward 10 $1,819 0 $0 0 $0 10 $1,819.20
Margaret Ireland 40 $4,129 20 $2,147 0 $0 60 $6,276.40
Staff Time Billing 815 $69,605 450 $41,623 5 $882 1270 $112,109.70 Consultants/Contractors $0.00 $0.00 $0.00 $0.00
Mileage $850.00 $350.00 $0.00 $1,200.00
Supplies $4,000.00 $500.00 $0.00 $4,500.00
Other Expenses $0.00 $0.00 $0.00 $0.00
Total $74,454.65 $42,473.40 $881.65 $117,809.70
EA Staff Total $112,109.70
Consultants/Contrac
tors $0.00
Mileage $1,200.00
Supplies $4,500.00
Other Expenses $0.00
Total $117,809.70
Grant Amount
Under/Over -$117,809.70
Summary
Annual Summary and Annual Rates
2024 2025 2026
2024 2025 2026
January 1st, 2024 to December 31st, 2024 January 1st, 2025 to December 31st, 2025 January 1st, 2026 to December 31st, 2026 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 15
EXHIBIT C: WORK SCHEDULE

17.35 Grant Category DROP DOWN MENU
If yes, what is the estimated indirect cost rate? ______ match % 11.47%

J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J 01 $15,935 $2,065 $0 $18,000
02 $11,509 $1,491 $0 $13,000
1 $13,280 $1,721 $0 $15,000
2 $39,839 $5,162 $0 $45,000
3 $28,728 $3,722 $0 $32,450
4 $66,398 $8,603 $0 $75,000
5 $32,225 $4,175 $0 $36,400
6 $101,810 $13,191 $0 $115,000
7 $53,118 $6,882 $0 $60,000
8 $22,133 $2,868 $0 $25,000
$384,973 $49,877 $0 $434,850
Organization
(Legal name) City of Santa Cruz
California Department of Transportation
Sustainable Transportation Planning Grant Program

COST AND SCHEDULE
Grant Category Sustainable Communities Competitive
Grant Fiscal Year FY 2023-24
Reimbursements/ Invoicing Does your agency plan to request reimburesement for indirect costs? Does your agency plan to use the Tapered Match approach for invoicing purposes? Project Title City of Santa Cruz Active Transportation Plan Update Disclaimers
Agency commits to the Cost and Schedule below. Any changes will need to be approved by Caltrans prior to initiating any Cost and Schedule change or amendment.

Use only whole dollars in the financial information fields. No rounding up ordown and no cents.

Use the Local Match Calculator to ensure that grant and local match amounts are correct: yes Local Match Calculator Public and Community Engagement
Task
# Task Title Grant Amount*
Estimated
Local Cash
Match*
Estimated
Local
In-Kind Match*
Estimated Total
Project Cost*
FY 2023/24 FY 2024/25 FY 2025/26
Project Administration
(no more than 5% of total grant funds)
Consultant Procurement
Engagement Plan
Engagement with Underserved Populations
Technical Advisory Committee
Existing Conditions
Identification of Active Transportation Needs and Project List
Develop Santa Cruz Active Transportation Plan UpdateDraft and Final Advisory Committee Input and Board Review and
Approval
Totals
Yes No
Yes No

17.36 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) 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.

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.

17.37 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) 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.
[OPTIONAL – ADD when Data Security or Technology Breach Risks are Involved]:
• For Data Security and Privacy Liability

1. Consultant shall maintain one or more insurance policies - Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this contract.

2. The policy(ies) shall include coverage for claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information.

3. The policy(ies) shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

4. The policy(ies) shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant.

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).
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

17.38 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 18
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 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.

17.39 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 19
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.

17.40 City Council

AGENDA REPORT
DATE: 04/09/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Public Works
SUBJECT: Award Single Source Contract for the Installation of EV Charging Infrastructure for Medium/Heavy Duty Vehicles at the Corporation Yard – Budget Adjustment (PW)
RECOMMENDATION: Motion to:
1) Approve the Plans and Specifications for the installation of EV charging infrastructure at the Corporation Yard and authorize the City Manager to award and execute the Single Source construction contract to Cupertino Electric Inc (San Jose, CA) in the amount of $389,541.10 in a form acceptable to the City Attorney. The Director of Public Works is authorized to execute change orders within the approved budget; and
2) Adopt a resolution to amend the FY 2024 budget and appropriate funds in the amount of $197,000 for the Solar PV (photovoltaic) Expansion at the Corp Yard (c101901).

BACKGROUND: In April 2022, the City of Santa Cruz (City) entered into contract with Pacific Gas and Electric’s (PG&E) EV Fleet Electrification program, to facilitate the installation of EV charging infrastructure for Medium and Heavy- Duty Vehicles, with a completion date of December 2024. The project scope includes:
1) Installation of To-The-Meter (TTM) infrastructure, including conductors and a 480V transformer,
2) Installation of Behind-The-Meter (BTM) infrastructure, including the Switchgear and eight DCFC EV Chargers, and
3) Procurement of 12 Medium and Heavy Duty (MD/HD) EV vehicles.

PG&E’s is responsible for the TTM scope of work, while the City is obligated to the BTM scope of work and the vehicle procurement.

The City contracted with Central Pacific Engineering (CPE) to do the engineering, design and consulting. Staff extensively researched different EV chargers and selected ABB EV chargers since the model is used by Electrify America, the EV public charging network infrastructure along the U.S. highways.

In November 2023, the California Energy Commission (CEC) awarded the City an EV Jump Start grant totaling $647,000. The grant required the City to issue a Purchase Order (PO) for the

18.1 chargers and be in contract with a certified EVITP EV Charger installer. EVITP Certification is a contractor requirement in compliance with Assembly Bill 841 and CA Public Utilities Code 740.20.

At its January 9, 2024 meeting, City Council approved a contract of $959,951.75 to EV Connect, Inc. (Sourcewell Contract #042221-EVC), for the procurement of seven ABB EV chargers via cooperative purchasing. Shortly after Council approval, staff began the Open Gov process for public bidding but faced several unforeseeable delays. The primary reason was EV Connect, Inc. could not provide CPE, the Engineer of Record, the documents needed for the structural calculations to finalize the plans and specifications. Staff were unable to provide the necessary Contractor License, Insurance, and EVITP Certifications so the CEC Grant Program issued a 90- day extension with a due date of May 5, 2024. Only after CPE directly contacted ABB, the manufacturer, did we receive the correct information required to finalize the design drawings and structural calculations.

Under several impending deadlines Public Works staff and CPE agreed that the best scenario to meet not just the CEC Grant program deadline, but also PG&E’s completion schedule would be to issue a Single or Sole Source. The Purchasing Manager was notified of the intent to do so.

DISCUSSION: Upon the completion of the final engineered drawings and structural calculations Public Works staff and CPE invited Sandbar Solar & Electric, Cupertino Electric, Inc., and Triad Electric to an informal bid-walk.

The results are as follows:

Cupertino Electric - $389,541.10
Triad Electric - $394,444.00
Sandbar Solar & Electric - $424,956.00
CPE reviewed and confirmed that the proposals met the plans and specs and could be graded fairly on a lowest bid criterion.

Per Section 3.08.150 of the Purchasing Ordinance, staff submitted on March 27, 2024, the Single Source justification to the Purchasing Manager, and was given approval on the informal process given the below time constraints of the project.

Reason for “Single Source” Agreement:

A "Single Source" exception is necessary because of the urgency of being able to adhere to several deadlines. Besides the CEC EV Jump Start Grant cutoff date of May 13, 2024, to provide installer information, the City has deadlines with Monterey Bay Air Resource District (MBARD), Central Coast Community Energy (3CE) and PG&E, tied to the completion of this project.
$1.9 Million in grant funding is attached to this project from multiple agencies. Each funding source has different requirements and deadlines, all of which need to be completed in succession, so failure to complete the installation would jeopardize those grants.

The project also needs to be completed prior to the rainy season, or there could be significant weather delays resulting in possible penalties. PG&E reserves the right to collect costs associated

18.2 with the work they have completed should the City be unable to complete the project by the end of this year.

Price Reasonableness Analysis:

A Price Analysis confirmed that bids are reasonable as they closely aligned with CPE’s engineering cost estimate of $407,555.79 (see PDF attachment CPE -- Cost Estimate).

Additional Compelling Information:

Cupertino Electric, the lowest bidder, is also PG&E's contractor. Having a single contractor perform both PG&E and the City scope streamlines permitting, scheduling and staging of the project.

Finally, Cupertino Electric recently completed an installation of an EV Fast Charger at the same City location, under the same CEC grant program. That project was first in the State to complete the entire process and receive a rebate check.

Plans and specifications for the project can be found online at:
http://www.cityofsantacruz.com/publicworksprojects
FISCAL IMPACT: The Solar PV Expansion at Corp Yard (c101901) is comprised of the Water, Refuse, Parking, and Equipment Funds. The $197,000 increase in expenditure and appropriations has no impact on the General Fund. Staff will submit for up to $100,000 in rebates from 3CE for infrastructure installation to offset the additional expenditures to fully complete the project. Once the installation is complete, and EV’s are charging, the City will generate Low Carbon Fuel Standard (LCFS) credits on a monthly basis as additional revenue.

Prepared By:

Andy Shatney
Energy Project Coordinator
Filipina Warren
Operations Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. INVITATION FOR BIDS AND DRAFT AGREEMENT.PDF

3. PROPOSAL.PDF
Plans and specifications for the project can be found online at:
http://www.cityofsantacruz.com/publicworksprojects

18.3 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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2024
03/29/2024
Additional funds to fully fund the construction and installation of the Medium and Heavy-duty EV charging infrastructure at the Corp Yard. 311-00-00-0000-49110 c101901-901-0-0 Transfer from Water Fund 57,130 311-00-00-0000-49112 c101901-902-0-0 Transfer from Refuse Fund 76,830 311-00-00-0000-49113 c101901-911-0-0 Transfer from Parking Fund 31,520 311-00-00-0000-49103 c101901-924-0-0 Transfer from Equipment Operations Fund 31,520 197,000
311-10-00-9410-57290 c101901-100-2020-0 Other building costs 197,000 Solar PV Expansion at Corp Yard
711-00-00-0000-59103 To General Capital Improvement Fund 57,130 731-00-00-0000-59103 To General Capital Improvement Fund 76,830 741-00-00-0000-59103 To General Capital Improvement Fund 31,520 811-00-00-0000-59103 To General Capital Improvement Fund 31,520 394,000
-197,000
Filipina
Warren
Digitally signed by Filipina Warren
DN: cn=Filipina Warren, o=City of
Santa Cruz, ou=PWOP,
[email protected]
om, c=US
Date: 2024.03.29 15:14:15 -07'00'
Nathan N.

Nguyen
Digitally signed by
Nathan N. Nguyen
Date: 2024.04.09
08:09:07 -07'00'
Edward
Torres
Digitally signed by Edward Torres
DN: cn=Edward Torres, o=City of Santa Cruz, ou,
[email protected], c=US
Date: 2024.04.10 10:34:21 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.04.15
11:06:48 -07'00' 18.4
1 PUBLIC WORKS DEPARTMENT

INVITATION FOR BIDS,

SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR

SOLAR PV EXPANSION AT CORP YARD
CITY PROJECT NO. c101901
STATE/FEDERAL PROJECT NO.

SANTA CRUZ CITY COUNCIL
Fred Keeley, Mayor
Renee Golder, Vice Mayor
Sandy Brown
Sonja Brunner
Shebreh Kalantari-Johnson
Scott Newsome
Martine Watkins
Matt Huffaker, City Manager
Bonnie Bush, City Clerk Administrator
Anthony P. Condotti, City Attorney
Nathan Nguyen, Public Works Department Director
Kevin Crossley, Assistant Public Works Department Director

18.5 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
2 PROPOSAL
Solar PV Expansion at Corp Yard Project - Project Cost
PROPOSAL BY: _ CUPERTINO ELECTRIC INC. _ ___(408) 799-4065___ Contractor's Name Phone Number ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE TOTAL
1 Material Cost 1
2 Labor Cost 1

SUBTOTAL
10% Contingency
TOTAL

18.6 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
3 DIR COMPLIANCE AFFIDAVIT
Name of Bidder:

Project Name/Number:

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

Prior to commencement of the Contract, all Contractors and subcontractors are required to register, and maintain active registration throughout the duration of the contract with the California Department of Industrial Relations (DIR). For information regarding registration, please go to https://www.dir.ca.gov/Public-Works/PublicWorks.html.
• No contractor or subcontractor may be listed on a bid proposal for a public works project (effective March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (effective April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.
• DIR registration is required each fiscal year (July 1 – June 30).

I, the Bidder, certify that:

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

Signature Date
Print Name Title

18.7 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
4 AGREEMENT
THIS AGREEMENT, made and entered into this ________day of ______________, 20___ (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and _________________________________, hereinafter called “Contractor;”
WITNESSETH, that the parties hereto do mutually agree as follows:

ARTICLE I
That for and in consideration of the covenants and agreements herein contained and the payments at the prices stated in the bid proposal attached hereto, and by this reference made a part hereof, the Contractor hereby covenants and agrees to furnish any and all required supervision, labor, equipment, material, services, and transportation, as set forth in the Contract Documents as hereinafter defined, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified, and to build, construct, reconstruct, pave or repave and complete improvements for:

SOLAR PV EXPANSION AT CORP YARD
(the “Project”) in strict conformity and compliance with the Contract Documents, and to do everything required by this Agreement, and by said Contract Documents as hereinafter defined (the “Work”).

ARTICLE II
It is expressly agreed and understood by each and every party to this Agreement that the following documents are hereby incorporated and made a part of this Agreement (hereinafter the “Contract Documents”):

1. All applicable Laws and Regulations

2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City, in chronological order by effective date of each.

3. This Agreement, including:
a. Exhibit A – Contractor’s Bid Proposal, including all attachments

4. Labor and Material Bond (Payment Bond)

5. Performance Bond

6. Maintenance Bond

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

8. General Conditions

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

18.8 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
5 The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

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

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

2. Standard Specifications of the State of California, Department of Transportation, dated 2022 (“State Specifications”); and
Where conflicts arise between the City’s Standard Specifications and the State Specifications, the City’s Standard Specifications shall control and apply.

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

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

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

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

ARTICLE VII
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and its respective officials, officers, directors, partners, employees, and authorized agents

18.9 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
6 (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands, liabilities, losses, damages, expenses, including attorneys’ fees and costs of litigation (collectively, “Losses”), arising from personal or bodily injuries, death, property damage, or otherwise in any way related to, connected with, or resulting from the obligations or performance of the Work under this Agreement by Contractor, subcontractors, and their respective officers, directors, employees, agents, or other third parties directly or indirectly employed by or under the authority or control of Contractor or subcontractors. This provision shall not be deemed to require the Contractor to indemnify or hold harmless an Indemnitee for any Loss proximately caused by the sole or active negligence or willful misconduct of the Indemnitee, as determined by a court or other adjudicatory body of competent jurisdiction.

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

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

ARTICLE VIII
Article intentionally omitted.

ARTICLE IX
General Terms

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

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

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

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

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

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

18.10 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
7 7. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.

Signature Page to Follow

18.11 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
8 IN WITNESS WHEREOF, this Agreement is executed by the City Manager of the City of Santa Cruz, under and pursuant to a resolution of the City Council authorizing such execution, and the Contractor has affixed his/her signature hereto the day and year first hereinabove written.

Technical Review by:

Date:

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

Date:

Anthony P. Condotti, City Attorney
For Contractor Name:

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

Matt Huffaker, City Manager

18.12 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
9 LABOR AND MATERIAL BOND
WHEREAS, as the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), has awarded to hereinafter designated as the “Principal”, a contract for constructing the work or improvement described in the contract documents entitled: SOLAR PV EXPANSION AT CORP YARD, adopted by the City Council of the City , 20___ and WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and WHEREAS, the said Principal is about to enter into the annexed contract with the City to complete the work or improvement referred to above for the City, all as more particularly and in detail shown upon the Contract Documents filed in the Office of the City Clerk of the City:

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

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

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

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

18.13 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
10 work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.

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

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

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

18.14 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
11 FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), and
hereinafter designated as “Principal” have entered into an agreement whereby Principal agrees to install and complete the work or improvement described in the contract documents entitled: SOLAR PV EXPANSION AT CORP YARD, adopted by the City Council of the City on , 20__; and
WHEREAS, said Principal is about to enter into the annexed agreement with the City as is required to furnish security for the faithful performance of said Agreement.

NOW, THEREFORE, we, the Principal, and , a corporation
organized and existing under and by virtue of the laws of the State of , as “Surety”, are held and firmly bound unto the City, in the sum of ($ ), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City, for payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns, by these presents; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors, or assigns will in all things abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and will indemnify and save harmless the City, its officers and agents, and employees, as therein stipulated, then this obligation will become null and void, otherwise it will be and remain in full force and effect.

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

As a condition precedent to the satisfactory completion of the said contract, an obligation in the amount of ($ ), being not less than ten percent (10%) of the estimated contract cost, will remain in force for a period of one (1) year after the official acceptance of said work, during which time if the Principal, its heirs, executors, administrators, successors or assigns will fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of ($ ), will remain in full force and effect, otherwise the obligation will be discharged.

However, notwithstanding any other provisions of this paragraph, the obligation for the surety hereunder will continue so long as any obligation of the Principal remains.

18.15 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
12 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications will in any manner affect this obligation upon this bond, and it does hereby explicitly waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work to be performed thereunder, or to the specifications, and it further explicitly hereby waives its rights under California Civil Code § 2819.

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

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

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

18.16 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
13 MAINTENANCE BOND
WHEREAS, the City of Santa Cruz, a municipal corporation, in the County of Santa Cruz, State of California (the “City”), has awarded to _______________________, hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:
“Solar PV Expansion at Corp Yard”
adopted by the City Council of the City on the __ day of , 20__, and, WHEREAS, said Principal is about to enter into the annexed contract with the City.

NOW, THEREFORE, we, the Principal, and ____________________________________, a corporation organized and existing under and by virtue of the laws of the State of California, as “Surety”, are held and firmly bound unto the City, in the sum of dollars ($____________) being not less than ten percent (10%) of the estimated contract costs of the work, to be paid to the City, for the payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns; NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his/her heirs, executors, administrators, successors, or assigns shall in all things abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as herein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and shall indemnify and save harmless the City, its officers and agents as therein stipulated, that this obligation shall be discharged, otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the said contract, the above obligation in the amount of dollars dollars ($_________), being not less than ten percent (10%) of the estimated contract cost, shall remain in force for a period of one (1) year after the completion and acceptance of the said work, during which time if the Principal, his/her or its heirs, executors, administrators, successors or assigns shall fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of dollars ($_________), shall remain in full force and effect, otherwise the obligation shall be discharged.

However, notwithstanding any other provisions of this paragraph, the obligation of the surety hereunder shall continue so long as any obligation of the Principal remains.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the Contract Documents shall in any way effect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract

18.17 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
14 or to the work or to the specifications, and the surety does hereby waive its rights under California Civil Code Section 2819.

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

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

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

18.18 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
15 Contractor’s Certificate Relating to Worker’s Compensation I, THE UNDERSIGNED, HEREBY CERTIFY that at all times during the performance of any work under contract with the City of Santa Cruz (check one of the following) for SOLAR PV EXPANSION AT CORP YARD:

□ I have and will maintain in full force and effect Workers’ Compensation Insurance, as required by Section 3700 of the Labor Code, for the performance of the Work. My Workers’ Compensation insurance carrier and policy number are:

Insurance Carrier:

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

I declare under penalty of perjury that the foregoing is true and correct and executed on , 20 at , California.

CONTRACTOR

Name:

Title:

18.19 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
16 GENERAL CONDITIONS

1. Failure to Execute Contract
Failure of the lowest responsible and responsive bidder to execute the Contract and provide all acceptable bonds and documents as required by the Contract Documents as provided herein within ten (10) calendar days after such bidder has received the Contract for execution shall be just cause for the annulment of the award and the forfeiture of the bid security. This period of time shall be subject to extension for such further period as may be agreed upon in writing between the City and Bidder concerned.

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

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 290, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by Consultant. Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $2,000,000

AGGREGATE
Proof of coverage for $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
• AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos

18.20 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
17 (Code 9), per accident for bodily injury and property damage. • WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

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

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

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

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

The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and automobile insurance (if transporting hazardous materials policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). • PRIMARY COVERAGE

18.21 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
18 For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
• EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

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

VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant

18.22 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
19 must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
• VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL,CPL, and automobile Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

3. Claims
A. Definition of “Claim”.

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

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

A Claim does not include, and the procedures for processing of Contractor Claims do not apply to the following:
(i) Claims respecting penalties for forfeitures prescribed by statute or regulation which a government agency is specifically authorized to administer, settle, or determine (other than penalties for delay assessed by the City under the Contract).

18.23 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
20 (ii) Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. (iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by City after final payment by City to Contractor. (v) Claims respecting stop notices.
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

B. Time Period for Submission of Claim.

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

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

All Claims and supporting documentation and certifications must be filed as soon as possible, but no later than thirty (30) calendar days after the Claim arises. No Claims shall be filed after the final payment has been issued unless otherwise permitted by law.

C. Reasonable Documentation.

The Claim must include the following:
(i) A statement that it is a Claim and a request for a decision on the Claim; (ii) A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of Work effected and reasonable documentation to support the Claim; (iii) A certification, executed by each Subcontractor claiming not less than 5% of the total monetary amount sought by the Claim, that the Subcontractor’s portion of the Claim is filed in good faith.
(iv) If the Claim involves an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a Change Order Request was submitted in a timely manner as required by the Contract Documents. If the Claim does not involve an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a notice of intent to file the Claim was submitted in a timely manner as required by the Contract Documents.
(v) A detailed justification for any remedy or relief sought by the Claim, including, without limitation:

18.24 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
21 a. A detailed cost breakdown in the form required for submittal of Change Order Requests, including an estimate of the costs incurred or to be incurred. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices, and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time of Claim submittal, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred.
b. Copies of actual job cost records demonstrating that the costs have been incurred. c. If the Claim is based on an error, omission, conflict, or ambiguity in the Contract Documents: (1) a sworn statement by Contractor and any Subcontractors or Subsubcontractors involved in the Claim, to the effect that the error, omission, conflict, or ambiguity was not discovered prior to submission of the Bid, or (2) if not discovered, a statement demonstrating that the error, omission, conflict, or ambiguity could not have been discovered by Contractor, its Subcontractors or Subsubcontractors in exercise of the degree of care required of them under the Contract Documents for review of the Bid Documents prior to submission of the Bid. (vi) If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents.
(vii) A written certification signed by a responsible managing officer of Contractor’s organization, who has the authority to sign subcontracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form:
“I hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of (Contractor’s name) and that I have reviewed the Claim presented herewith on Contractor’s behalf and/or on behalf of (Subcontractor's/Subsubcontractor’s name(s)) and that the following statements are true and correct. a. The facts alleged in or that form the basis for the Claim are true and accurate. b. The Claim is submitted in good faith.
c. The Change Order Request was timely submitted, as required by the Contract Documents.
d. Contractor does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading.
e. Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor or Sub-subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim.

18.25 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
22 f. Contractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and /or such Subcontractor or Sub-subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and.
g. Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.

Signature: ___________________________
Name: ______________________________
Title: _______________________________
Company: ___________________________
Date: _______________________________
D. Assertion of Claims.
(i) Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow, or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents.
(ii) All Claims and supporting documentation must be sent to the City by registered mail or certified mail with return receipt requested.
(iii) Strict compliance with these requirements is conditions precedent to Contractor’s right to an informal conference to meet and confer to resolve a Claim, mediate a Claim, or arbitrate or litigate a Claim. The failure of Contractor to strictly comply with the requirements of this Section constitutes a failure by Contractor to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim.
(iv) There shall be no waiver of any of the rights set forth in California Public Contract Code Section 9204; provided, however, that (i) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (ii) the City may prescribe reasonable Change Order, Claim, and Dispute Resolution Procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise the timeframes and procedures set forth in Public Contract Code Section 9204.
(v) The City’s right to commence the Contract dispute resolution process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the

18.26 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
23 dispute. Nothing herein shall preclude the City from asserting disputes in response to a Claim asserted by Contractor.

E. Decision of City on Claims.
(i) Pursuant to Public Contracting Code section 9204(d), upon receipt of a Claim, the City shall conduct a reasonable review of the claim and, within 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of the Claim, the Owner’s Representative, City, and Contractor may, by mutual agreement, extend the time period provided in this Section.

If City determines that additional supporting data are necessary to fully evaluate a Claim, City will request such additional supporting data in writing. Such data shall be furnished by Contractor to City no later than 10 days after the date of such request. Any payment due to Contractor by City on an undisputed portion of the Claim shall be processed and made within 60 days after the written statement is issued.
(ii) If the City needs approval from its governing body to provide the Contractor with a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the forty-five (45) days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the forty-five (45) day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(iii)Failure by the City to respond to a Claim from Contractor within the time periods described in this Section 3 and California Public Contract Code Section 9204 or to otherwise meet the time requirements shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Article 4.2 and California Public Contract Code Section 9204, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor. (iv)Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (v) Amounts not paid in a timely manner as required by this Section shall bear interest at 7 percent per annum, pursuant to Public Contracting Code section 9204(d)(4). (vi)If a subcontractor or a lower tier subcontractor lacks standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or a lower tier subcontractor. A subcontractor may request in writing, either on its own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which has been performed by the subcontractor or lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting the Claim be presented to the City shall furnish reasonable documentation supporting the Claim. Within 45 days of receipt of this written

18.27 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
24 request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the Claim to the City and, if the Contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so.

F. Meet and Confer Conference.

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

G. Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, specified in Section 3(F), if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.
(ii) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation, or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii)Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

H. Arbitration and Litigation.
(i) In the event mediation does not resolve the parties' dispute, the parties shall comply with the Arbitration provisions set forth in Public Contract Code Sections 10240 – 1024.13. (ii) Unless the City and Contractor otherwise agree in writing, the arbitration decision shall be binding upon the parties, made under and in accordance with the laws of the State of California, supported by substantial evidence, and in writing. If the total of all

18.28 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
25 Claims or cross Claims submitted to arbitration is in excess of $50,000, the award shall contain the basis for the decision, findings of fact, and conclusions of law. Any arbitration award shall be subject to confirmation, vacation, or correction under the procedures and on the grounds specified in the California Code of Civil Procedure including without limitation Section 1296. The expenses and fees of the arbitrators and the administrative fees of the AAA shall be divided among the parties equally. Each party shall pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. (iii)The City may, but is not required, to assert as a counterclaim any matter arising out of the claims asserted by Contractor in the arbitration. City’s failure to assert any such counterclaim in an arbitration shall be without prejudice to the City’s right to assert the counterclaim in litigation or other proceeding.
(iv)Any litigation shall be filed in the Superior Court of the State of California for the County of Santa Cruz.

I. Waiver.

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

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

4. Time of Completion
Attention is directed to the provisions in Section 8 (Commencement of Work, Time of Completion and Liquidated Damages) of the Standard Specifications and these General Conditions.

The Contractor shall promptly start the work and diligently prosecute the work to completion before the expiration of 120 working days after the date of the Notice to Proceed.

Full compensation for any additional costs occasioned by compliance with the provisions in this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefore.

5. Failure to Complete the Work on Time (Liquidated Damages) All time limits stated in the Contract Documents are of the essence. If the work is not completed by Contractor in the time specified in the Contract Documents, or within any period of extension authorized in writing by the City, it is understood that City will suffer damage; and it being impracticable and infeasible to determine the amount of actual damage, it is agreed that Contractor will pay the City, as fixed and liquidated damages, and not as a penalty, the sum of THREE HUNDRED ($300.00) dollars for each calendar day of delay until the work is completed and accepted, and Contractor and his/her surety will be liable for the amount thereof; provided, however,

18.29 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
26 that Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor.

Contractor shall, within ten (10) days from the beginning of any such delay, notify City in writing of the cause of the delay; whereupon City shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in its judgment, the findings of fact justify such an extension. City's finding of fact thereon shall be final and conclusive on the parties hereto.

6. Existing Facilities
Prospective bidders shall visit the work site and determine for themselves the existing conditions at the Project site, including location of utilities. The Contractor shall take precaution so as to avoid damaging existing public facilities and private improvements.

In accordance with California Government Code Section 4215, the City assumes the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified in the plans and specifications made a part of the invitation for bids. The City will compensate the Contractor for the costs of locating, repairing damage not due to the Contractor’s failure to exercise reasonable care, and removing or relocating existing main or trunk line utility facilities located at the Project site and not identified with reasonable accuracy in plans and specifications made a part of the invitation for bids. The City will also compensate the Contractor for the cost of equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the City’s or utility owner’s failure to provide for removal or relocation of such main or trunk line utility facilities.

Nothing in this provision or the Contract Documents will be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Work site can be inferred from the presence of other visible facilities, such as buildings, meter, and junction boxes, on or adjacent to the Project site; provided, however, that nothing in this provision or the Contract Documents shall relieve the City from identifying main or trunk lines in the plans and specifications made a part of the invitation for bids.

Nothing in this provision or the Contract Documents will preclude the City from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility.

Nothing in this provision or the Contract Documents will be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities.

If the Contractor while performing the Work discovers utility facilities not identified by the City in the plans and specifications made a part of the invitation for bids, the Contractor must immediately notify the City and utility in writing.

18.30 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
27 Either the City or the utility, whichever owns existing main or trunk line utility facilities located on the Work site, shall have sole discretion to effect repairs or relocation work or to permit the Contractor to perform such repairs or relocation work at a reasonable price The Contractor will be required to work around public utility facilities that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed, and (s)he will be held liable to the owners of such facilities for any damage or interference with service resulting from his/her operations.

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

Other forces may be engaged in moving or reconstructing utility facilities or maintaining service of utility facilities, and the Contractor shall cooperate with such forces and conduct his/her operation in such a manner as to avoid unnecessary delay or hindrance to the work being performed by such other forces.

The City owns, operates, and maintains its own water distribution and sewer collection systems and will cooperate with the Contractor insofar as it is reasonable and practicable. Water, as required for City projects, may be obtained at City-owned fire hydrants provided that application is made to the Water Department and permission obtained with provision for payment.

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

All underground utilities including but not limited to water service, sewer laterals, electrical service, and gas service broken or disturbed by the Contractor’s crew will be replaced or repaired by the Contractor or Utility Company at the Contractor’s expense.

The Contractor shall consult with utilities and notify them of any relocation or protection in sufficient time to allow the utilities to perform the work in a complete and orderly manner.

7. Water Pollution Control Program (WPCP) and/or Storm Water Pollution Prevention Program (SWPPP)
Water pollution control work and storm water pollution prevention work shall conform to Chapter 4 of the Best Management Practices Manual for the City’s Storm Water Management Program available on the City of Santa Cruz website at:
http://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices.

18.31 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
28 The Contractor shall take all necessary precautions to prevent any leakage or sewage spills of any kind onto adjacent property, public or private roadway, drainage systems, and waterways. The Contractor shall be liable for any and all clean-up costs or any fines that may be levied including those by the Regional Water Quality Control Board (RWCQB) against the City, in the event that such leakage or spill occurs. The Contractor shall also be responsible for reporting any and all spill to the appropriate regulatory agencies, including the RWCQB and the Santa Cruz County Health Department.

Full compensation for conforming to the requirements of “WATER POLLUTION CONTROL” including furnishing all labor, materials, equipment, tools, and incidentals shall be included in the various bid item prices and no additional compensation will be allowed.

8. Maintenance and Clean-Up
Throughout the construction period, the Contractor shall keep the Project site in a neat and clean condition, shall dispose of any surplus materials in an approved manner off the site, and maintain proper housekeeping practices to the satisfaction of the Engineer.

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

Upon completion of the Work, and prior to requesting final inspection, the Contractor shall thoroughly clean the site of the Work of all rubbish, excess materials, falsework, temporary structures, and equipment, and all portions of the Work shall be left in a neat and orderly condition.

The final inspection, acceptance, and final payment will not be made until this has been accomplished.

9. State of California Department of Transportation Standard Specifications All Work under the Contract shall conform to the applicable requirements of the most recent published State of California Department of Transportation Standard Specifications. Said State Specifications are to be considered an integral part of the specifications for all purposes related to this Contract.

Definitions of terms not defined in City Standard Specifications shall be as defined in the 2022 State Standard Specifications, available at:
https://dot.ca.gov/-/media/dot-media/programs/design/documents/2022_stdspecs-a11y.pdf

10. Notification of Project Commencement
The Contractor shall notify the City Engineer at least five (5) business days prior to mobilizing to the Project site.

11. Project Schedule

18.32 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
29 The Contractor shall prepare a project schedule and submit it to the Engineer for his/her review and approval five (10) days prior to the beginning of the Work. Work shall be conducted between the hours of 8 AM and 5 PM, Monday to Friday, except with the permission of the Director, except in case of any emergency.

12. Progress and Final Payment
Progress and final payments will be made in accordance with Section 9 of the Standard Specifications, except as herein modified.

Payments are made every two weeks by the City Finance Department. The Contractor may receive partial payments only once for any month. A listing of payment cut-off dates is available upon request.

13. Extra Work
Extra work shall conform to the provisions in Section 9 of the California Standard Specifications and to these General Provisions.

Any alleged extra work or delays shall be given in writing within 24 hours of any occurrence to the Project Engineer or Inspector. The Contractor shall submit to the Project Engineer or Inspector an extra work report for each day the extra work is performed. The report shall be submitted prior to the start of work the following day. The report shall include: (1) a description of the extra work; (2) the quantity, classification, and working hours of the extra work labor force; (3) the type of equipment, code number, and hours of operation of the equipment towards extra work; and (4) the quantity and type of materials used for extra work.

14. Local Hiring Compliance Forms
The Contractor, and all subcontractors, must comply with the local hiring provisions of Chapter

3.10 of the Municipal Code of the City of Santa Cruz, which is incorporated into these Contract Documents by reference. Chapter 3.10 specifically requires City Contractors and subcontractors to make good faith efforts to hire qualified individuals who are local residents, as workers on City public works projects of estimated value of greater than the formal bid limit, unless prohibited by State or Federal laws or regulations.

The Contractor and all listed subcontractors must complete and submit to the City, after the Award of Contract and prior to the issuance of the Notice to Proceed, the form entitled, “Good Faith Effort Statement for Local Hire,” as contained in the Contract Documents.

The Contractor must also complete and submit to the City, on a weekly basis, documentation of local hiring. The certified payroll documents required by the Department of Industrial Relations will be deemed acceptable documentation if the certified payroll documents are accompanied by the form included in the Contract Documents or if certified payroll documents are modified to include the information therein.

18.33 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
30 15. Apprentice Hiring Records and Compliance Forms
City apprentice requirements do not apply to projects less than one hundred thousand dollars ($100,000) in value.

The Contractor, and all subcontractors, must comply with the apprentice hiring provisions of Chapter 3.10 of the Municipal Code of the City of Santa Cruz, which is incorporated into these Contract Documents by reference. Chapter 3.10 specifically requires each City Contractor or subcontractor to make a good faith effort to hire an apprentice on the Project who is enrolled in a viable apprentice program. Viable apprenticeship programs are listed on the Division of Apprenticeship Standards (DAS) web site (select Santa Cruz County):
http://www.dir.ca.gov/databases/das/pwaddrstart.asp. The apprenticeship requirement will apply for each apprenticeable craft in which the Contractor employs workers in performing any of the work under the Contract. Attention is also directed to State Labor Code Sections 1777.5 and 1777.6 and California Apprenticeship Council regulations concerning the employment of apprentices by the Contractor or subcontractor.

Chapter 3.10 further requires the maintenance of documents demonstrating that the Contractor has requested an apprentice from a minimum of two viable apprenticeship programs after the Contractor is awarded the Contract and prior to commencing work. Failure to comply with any of the provisions of Chapter 3.10, including the maintenance of the records, will be deemed a breach of the Contract or subcontract and may result in the Contractor or subcontractor being declared “non-responsible” by the City and ineligible for the award of future City contracts. In addition, State Labor Code 1777.5 provides for penalties of up to one hundred dollars ($100) a day for noncompliance.

If the Contractor is exempted from the apprentice requirement according to the exemptions described in State Labor Code 1777.5, the Contractor must notify the City in writing of their exemption prior to commencing work and explain the exemption in detail.

Unless exempted, the Contactor will, prior to commencing Work, submit to the City and the appropriate apprenticeship program, a DAS Form 140. The Contractor will submit a copy of the Request for Dispatch of Apprentice Form to the City as evidence that an apprentice was requested.

A Request for Dispatch of Apprentice Form is provided in Section 4 of these Special Provisions.

The request for an apprentice will be made at least two (2) working days before the date on which one or more apprentices are required. These forms are available from the DAS web site (http://www.dir.ca.gov/das/PublicWorksForms.htm ).

16. Trenching Requirements
Section intentionally omitted.

17. Third Party Claims

18.34 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
31 Both parties shall timely notify the other of the receipt of any third-party claim relating to the Contract or Project. The City shall be entitled to recover its reasonable costs incurred in providing such notice.

18. Force Majeure
Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, 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 Contract.

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

20. Conflicts of Interest
Contractor owes City a duty of undivided loyalty in performing the Work and services under this Contract. Contractor covenants (on behalf of Contractor and its 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 Contract.

Contractor 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. Contractor will immediately advise City if Contractor learns of a conflicting financial interest of Contractor during the term of this Contract.

21. City Property
Unless otherwise provided herein, Contractor 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 Contractor waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Contract shall be confidential, not to be used by the Contractor on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

22. 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

18.35 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
32 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. Contractor must comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Contractor is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Contractor’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.

23. Termination
A. City May Terminate for Cause
The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:
- Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); - Failure of Contractor to perform or otherwise comply with a term of the Contract Documents;
- Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or Contractor’s repeated disregard of the authority of City or Engineer.

If one or more of the events identified above occurs, then after giving Contractor (and any surety) at least fourteen (14) calendar days’ written notice of City’s intent to terminate the Contract, City may proceed to:
- declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and
- enforce the rights available to City under any applicable performance bond.

Subject to the terms and operation of any applicable performance bond, if City has terminated the Contract for cause, City may exclude Contractor from the Site, take possession of the Work and all materials and equipment stored at the Site for which City has paid Contractor, including materials and equipment stored elsewhere, and complete the Work as City may deem expedient.

City may proceed with termination of the Contract under this Section, unless Contractor within seven (7) days of the date of the notice of intent to terminate begins to correct Contractor’s failure to perform and proceeds diligently to cure such failure.

If the contract is terminated as provided herein, Contractor shall not be entitled to receive any further payment. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess

18.36 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
33 will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City within thirty (30) calendar days of City’s invoice to Contractor. Such claims, costs, losses, and damages incurred by City will be reviewed as to reasonableness. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the Work performed.

Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by City will not release Contractor from liability.

B. City May Terminate for Convenience
Upon fourteen (14) calendar days’ written notice to Contractor, the City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. In such case, Contractor shall submit a claim for payment including required certifications as required in the Contract Documents within six (6) months of the effective date of termination. Subject to verification to City’s satisfaction, Contractor will be eligible to be paid for (without duplication of any items):
- completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination;
- expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work; and
- other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

City shall not be liable for costs incurred by Contractor, or any Subcontractor or supplier, after receipt of a notice of termination.

City shall deduct from Contractor any advance payments made to Contractor related to the terminated portion of the Contract Documents, any claim which City may have against Contractor in connection with the Contract Documents, and any other applicable costs.

C. Contractor May Stop Work or Terminate
If, through no act or fault of Contractor, or Subcontractor, or any employee or agent of Contractor or any Subcontractor, (1) the Work is suspended for more than 180 consecutive days by City or under an order of court or other public authority, or (2) the City fails to act on an application for payment within 30 days after it is submitted by Contractor, or (3) City fails for sixty (60) calendar days to pay Contractor any undisputed sum finally determined to be due, then Contractor may, upon thirty (30) days’ written notice to City, and provided City does not remedy such suspension or failure to cure within fourteen (14) days of the default, terminate the contract and recover payment for Work actually performed.

18.37 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
34 In lieu of terminating the Contract and without prejudice to any other right or remedy, if City has failed to act on an application for payment by Contractor within thirty (30) days after it is submitted, or City has failed for sixty (60) days to pay Contractor any undisputed sum finally determined to be due, Contractor may, fourteen (14) days after written notice to City, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. [End of Section]

18.38 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
35 TECHNICAL SPECIFICATIONS

1. SCOPE OF WORK
The work to be done consists, in general, of the following:
• Installation of a pad mounted 2000A 480/277V switchgear. • Installation of (7) ABB Terra 184 EV chargers and (1) ABB Terra 175 EV charger and power cabinet
• Installation of concrete pads for the switchgear, EV chargers and power cabinet. • Installation of (2) 4” conduits with pull rope for future city use. • Procurement and installation of (78) fixed bollards and (2) removable bollard posts per plans.
• Restoration of all asphalt that we disturb.
• Provide GFPE third party testing of 2000A main breaker. • Provide third party anchor testing for switchboard and power cabinet (if needed). • Procure all conduit and wire needed to complete the scope above.

Work shall include items not specifically mentioned herein or noted on plans but necessary to make a complete working installation of all systems shown or described herein.

2. NOTIFICATION OF CONSTRUCTION
The Contractor shall notify the engineer at least 5 working days prior to commencing work.

3. MOBILIZATION AND CONSTRUCTION SUPPORT TASKS

3.1 MOBILIZATION/DEMOBILIZATION
Mobilization will consist of any and expenses for the required preparatory work and operations, including but not limited to, bond and insurance costs; the costs deemed necessary for the movement of personnel, equipment, supplies, and incidentals to the project sites; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site as well as the related demobilization costs anticipated at the completion of the project.

3.2 TEMPORARY FACILITIES FOR OWN USE
• Furnish office and sanitary facilities for own use.
• Furnish utilities as required for own use. Coordinate with corporation yard staff and servicing utility agencies for use of existing facilities on site. • Remove the above on completion of the work.

18.39 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
36 3.3 PROTECTION OF THE CONSTRUCTION SITE
The Contractor is responsible for the protection and safety of all construction items and areas included within the limits of work. The limits of work for this Contract are indicated by all areas of work where the Contractor is required to operate in to complete the work which is reflected on the Drawings. The duration of this responsibility begins upon the Contractor's receipt of the Notice to Proceed and runs through the date of acceptance by the City (receipt of the Notice of Completion by the Contractor). No Contractor vehicles and equipment shall exceed the maximum allowable speed limit of 15 miles per hour.

3.4 SITE ACCESS
The Contractor shall make its own investigation on the condition of the available public and private roads and of clearances, restrictions, bridge load limits and other limitations affecting; transportation and ingress and egress to the various sites of the work.

Nothing herein shall be construed as to entitle the Contractor to the exclusive use of any roadway or parking area during the performance of the work hereunder, and it shall so conduct its operations as not to interfere unnecessarily with the safe access of all public and private vehicles nor the work of corporation yard staff in such roadways or parking areas. No areas on the site shall be closed without first obtaining permission of the Engineer.

The Contractor shall repair existing roads, areas, objects, etc. within the City of Santa Cruz Corporation Yard which have been damaged as a result of its operations including damage by trucks delivering and removing products, materials and equipment. Damaged roads outside of the work limit area shall be repaired promptly in order to keep the roads in constant repair for all weather use by corporation yard staff and visitors. Damaged roads within the work limit area shall be repaired prior to completion of work. At substantial completion, all subject damaged areas of work shall be repaired in-kind in accordance with the Standard Specifications.

3.5 TRAFFIC CONTROL
The Contractor’s attention is directed to Article 7.16 of the City of Santa Cruz Department of Public Works Standard Specifications. The Contractor shall provide for the safe movement of traffic with as little inconvenience to operations as possible. Contractor shall notify, in writing, operations, and the engineer, 48 hours in advance, whenever s/he must obstruct access to the Corporation Yard, and s/he shall, through thoughtful planning, restore that access as soon as possible. Contractor shall consult with operations in advance of his/her obstructing of vehicular or foot traffic to the properties to be affected, so that the best time for this obstruction can be determined by all concerned. Otherwise, the yard shall remain open for one lane of traffic in each direction at all times.

For the protection of the corporation yard operations traffic, the Contractor shall provide, place, and maintain all necessary barricades, traffic cones, warning signs, lights and other safety devices in accordance with the requirements of the State Standard Specifications, Section 12, and the appropriate jurisdictional agency.

18.40 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
37 3.6 EXISTING UTILITIES AND FACILITIES
Prospective bidders shall visit the work site and determine for themselves the existing conditions, including location of utilities. Utility locations will be discussed with City staff during the PreBid Conference described herein.

Should the Contractor's operation be temporarily halted due to conflict with an existing facility, the Contractor shall have no claims against the City due to delay and for equipment idle or down time.

The Contractor is responsible for determining the exact location of existing underground utilities and other obstructions that may have to be disturbed by his/her operations and protection thereof.

Contractor shall contact the Engineer for assistance in locating utilities prior to all construction work.

3.7 PROTECTION OF EXISTING FACILITIES
Contractor shall schedule and implement its operation in a manner that does not interfere with the activities of corporation yard operations. The Contractor shall take precaution so as to avoid damaging existing public facilities and private improvements. During construction, the Contractor is responsible for the safety of the existing facilities adjacent to and encompassed within the work areas of the Contract.

All underground utilities including but not limited to water service, stormwater pipes, sewer laterals, electrical service, traffic loop detectors, and gas service broken or disturbed by the Contractor's crew will be replaced or repaired by the Contractor or Utility Company at the Contractor's expense.

The Contractor shall consult with utilities and notify them of any relocation or protection in sufficient time to allow the utilities to perform the work in a complete and orderly manner.

3.8 PROJECT SITE ACCESS BY CITY PERSONNEL
The Contractor shall coordinate with, and assure that the Engineer, City Inspectors, Corporation Yard Operations Personnel, or the Engineer's designated representatives, shall at all times have safe access to the work to allow for monitoring, observation and inspections.

3.9 SITE CLEAN UP
When cleaning up, sweep whenever possible. Litter and debris must be picked up and disposed of properly. Sweep and remove any solid waste that accumulates at erosion and sediment control devices as soon as possible.

18.41 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
38 The contractor may temporarily stockpile material from demolition and excavation at the immediate job location, so long as it does not interfere with ongoing City operations. The stockpile must be hauled away and the area swept clean at the completion of the project.

3.10 WATER POLLUTION CONTROL
Water pollution control work shall conform to Chapter 5, “Construction Site Storm Water Runoff Control Program,” of the Best Management Practices Manual for the City’s Storm Water Management Program available on the City of Santa Cruz website at www.cityofsantacruz.com.

Potential pollutant sources include the staging area, construction area, and stockpile areas.

Potential pollutants include particulates, metals, oil, vehicle fluids, and grease from leaks, spills, and soil erosion. The contractor shall make all possible efforts to prevent pollutants from coming into contact with stormwater and entering the storm drain system. 48-hours prior to storm events with a 50% chance of precipitation or greater, the contractor shall be responsible for protecting stormwater discharge points from any potential pollutant sources. The contractor is prohibited from non-stormwater discharges. Fugitive dust emissions are not allowed and the contractor is required to provide dust control in accordance with the Monterey Bay Air Pollution and Control District.

3.11 DUST CONTROL
Dust control operations shall be performed by the Contractor at the time, location and in the amount required, and as often as necessary to prevent excavation, fill placement, and/or other activities from producing dust in amounts harmful to person or causing a nuisance to persons living nearby or occupying buildings in the vicinity of the work.

Control of dust shall be by sprinkling of water, use of approved dust preventatives, modifications of operations or any other means acceptable to the Engineer, and the Monterey Bay Unified Air Pollution Control District (MBUAPCD). The Engineer shall have the authority to suspend all construction operations if, in his opinion, the Contractor fails to adequately provide for dust control.

Visible airborne dust from excavation, transport and processing will not be permissible outside of the Corporation Yard property boundary and outside of a 50-foot radius of all equipment, vehicles, and stockpiles. To reduce airborne dust during construction activities, the Contractor shall apply water to exposed soils and unpaved roadways as necessary.

The Contractor shall control the dust generated from the processing and stockpiling equipment in the areas adjacent to the native slopes adjacent to the stockpiles. If airborne dust is visible outside the 50-foot radius, then that activity creating the airborne dust shall cease until control measures are implemented. Dust control for the project shall be implemented in accordance with the Contractors Health and Safety Plan, where more strict control of fugitive dust is required.

3.12 DRAINAGE PRECAUTION
At the completion of each workday, the Contractor shall take all necessary preventive measures to

18.42 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
39 avoid or minimize damage resulting in erosion or impounding caused by storm water or groundwater runoff within the construction area. Erosion control measures shall consist of constructing sandbag berms, desilting basins, drains, temporary storm water pumping facilities, and other such measures required to provide for the prevention, control and abatement of storm water or groundwater discharges and damage resulting there from. The cost for any repairs due to such damage shall be the sole responsibility of the Contractor.

3.13 EQUIPMENT AND MATERIAL STORAGE
The project limits, as designated by the City, areas identified on the project drawings, and other locations as approved by the Engineer may be utilized by the Contractor for equipment and material storage. Any additional space shall be obtained by Contractor, at Contractor's own expense.

4. EXCAVATION AND BACKFILL
This item shall govern: (1) the excavation and proper utilization or otherwise satisfactory disposal of all excavated material, of whatever character, within the right-of-way or other limits of the work indicated and (2) the construction, compaction, shaping and finishing of all earthwork on the entire project in accordance with the specification requirements herein outlined, in conformity with the required lines, grades and typical cross sections indicated on the Drawings or as directed by the Engineer or designated representative.

Prior to excavating for construction, access pits, and other subsurface work, pavements shall be saw cut along the limit of excavation to form a clean, neat edge on the pavement to remain.

Water used during saw cutting will be collected and properly disposed of. Such water shall not be allowed into gutters or drains. All concrete laitance shall be swept up and disposed of on a daily basis.

Trench excavation shall be performed in accordance with Section 19-3 “Structure Excavation and Backfill” of the Caltrans Standard Specifications. Excavation shall be performed to create a firm, graded, bearing surface to receive pipe bedding material.

Where ground water is encountered, the contractor shall install a dewatering system to control and remove water to create a firm bearing plane at the bottom of the trench to receive pipe bedding material. Ground water generated from water control work shall be disposed of into the sanitary sewer.

Trench spoil, demolished pavement/concrete, and other debris shall be hauled off at the end of each working day and disposed of at a legal disposal site, meeting the approval of the engineer.

All stockpiled material shall be removed from the right of way at the end of each week.

All excavation and backfill shall adhere to the details shown on the plans..

The Contractor shall submit certificates of compliance for pipe bedding and engineered fill material subject to the review of the engineer. If base rock is used as “Upper Trench Zone” backfill the contractor shall propose the name and provide the qualifications of an independent

18.43 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
40 Geotechnical Engineering Firm who is routinely engaged and fully qualified to conduct the confirmation tests specified as specified below. The laboratory shall be approved in writing by the City Engineer prior to the start of any backfill operations. All costs of materials and confirmation testing shall be borne by the Contractor.

5. EXCAVATION PAVING
Backfilled trenches shall be paved to match existing grade. All asphalt paving shall be Hot Mix Asphalt Type A and shall match the existing depth or as specified in plans. New paving shall be constructed against straight and true saw cut edges. The Contractor shall construct new pavement, at the Contractors expense, outside of the original trench limit, if the existing pavement is damaged as a result of the Contractors operation.

Asphalt binder shall be PG 64-10, and shall conform to the provisions in Section 39, “Asphalt Concrete,” of Caltrans Standard Specifications, Section 12, “Construction of Streets” of the City Standard Specifications and these special provisions. Asphalt aggregate shall be ½ inch maximum medium grading. RS-1 asphaltic emulsion shall be applied between new asphalt and existing pavement and new asphalt and upper trench zone. Maximum compacted lift thickness shall be 3”. The second lift of HMA shall not be placed until the underlying layer is 160⁰F or less, unless otherwise directed by the Engineer.

The Contractor shall also restore damaged or disturbed curb, gutter, valley gutter, and sidewalks during the course of construction. If a portion of curb, gutter, valley gutter, and/or sidewalk is disturbed by the contractor’s operations, the contractor shall restore the section from existing score line to the next nearest score line. Curbs, gutters, valley gutters, and/or sidewalks shall be constructed per City of Santa Cruz Standard Detail. All concrete shall be six sack class “A” plant mixed PCC, ¾” rock mix.

The contractor shall be responsible for sweeping and cleaning as necessary on roadways and sidewalks after and during project construction to the satisfaction of the engineer.

6. CONCRETE CONSTRUCTION
Reference sheet E1.20 in the Plans for Concrete Construction.

7. BASIC ELECTRICAL REQUIREMENTS
Refer to Attachment 1.

8. MINOR ELECTRICAL DEMOLITION FOR REMODELING
Refer to Attachment 1.

9. INSTALLER REQUIREMENTS PER C.E.C. GRANT
Refer to Attachment 2.

18.44 SOLAR PV EXPANSION AT CORP YARD
PROJECT NO. c101901
41 10. EV CHARGER INSTALLATION
This work shall consist of installing the following:
• (7) ABB Terra 184 EV Chargers
• and (1) ABB Terra HP Generation 3 UL 175 kW Static DC System All chargers shall be installed per the charger manufacturer’s recommendations unless in conflict with these plans and specifications. Refer attachments 3 and 4.

11. SUBMITTALS
Shop drawings shall be submitted for review in the following areas of work:

1. Traffic Control Plan

2. Concrete Mix Design

3. Asphalt Mix

4. Drain Rock

5. 2-Sack Slurry

6. Ground Rod, Ground Clamps

7. Overhead Wireway and Mounting Hardware

8. Disconnect Switches

9. Motor Starters

10. Combination Motor Starter Disconnect Switches

11. Fuses

12. Plugs, Switches, and Cover Plates

13. Transformers

14. Wire

15. Wire Pulling Lubricant

16. Wiremold Raceway, Cover Plates, Device Mounting Hardware, Fittings

17. Conduit

18. Conduit Fittings, Connectors and Couplings – Weatherproof and Non-Weatherproof

19. Wirenuts

20. Compression Connectors for Conductors

21. Wrapping Materials and Tape

22. Panels

23. Circuit Breakers

24. Enclosed Circuit Breakers

25. Boxes

26. Strut, Hangers, Brackets, Mounting Hardware

27. Any other submittals deemed necessary by Engineer or Contractor All submittals shall be reviewed and check by the Contractor prior to submittal to Engineer for review.

18.45 1132 North Seventh Street, San Jose, CA 95112
CA LIC #174637
1-877-747-4CEI
[email protected]  www.CEI.com
We Deliver Power and Possibilities
March 15th, 2024
City of Santa Cruz
1125 River St.

Santa Cruz, CA 95060
ATTN: Andy Shatney
Subject: Proposal for City of Santa Cruz Corporation Yard EV Charging Project Cupertino Electric, Inc. is please to submit our proposal to the City of Santa Cruz for the Corporation Yard Electric Vehicle Charging Project located at 1125 River St. Santa Cruz, CA 95060.

Total Pricing: $389,541.10
Scope of Work:
• Installation of a pad mounted 2000A 480/277V switchgear. • Installation of (7) ABB Terra 184 EV chargers and (1) ABB Terra 175 EV charger and power cabinet • Installation of concrete pads for the switchgear, EV chargers and power cabinet. • Installation of (2) 4” conduits with pull rope for future city use. • Procurement and install of (78) fixed bollards and (2) removable bollard posts per plans. • Restoration of all asphalt that we disturb.
• Provide GFPE third party testing of 2000A main breaker. • Provide third party anchor testing for switchboard and power cabinet (if needed). • Procure all conduit and wire needed to complete the scope above.

Clarifications and Assumptions:
1) Proposal is based on the “Bid Set” of plans dated 5/16/22 that were provided by City of Santa Cruz.
2) The chargers and switchboard will be provided by the city, all other materials (wire, conduit, concrete, bollards, etc.) to complete the job will be furnished by CEI. 3) Proposal includes a budget of $2,000 for permit procurement. Permit costs will be invoiced as a pass-through cost once permit is obtained and permit costs are finalized. 4) Proposal is based on one mobilization and demobilization and that the work will proceed in a continuous, sequential, adjacent area manner, with adequate time allowed for scope of work defined above. Work stoppages and work requested to be performed in a non-continuous or compressed manner may result in an adjustment in the contract price and schedule. 5) All electrical equipment will be de-energized prior to CEI performing any work on it. CEI does not perform work on energized electrical systems, per NFPA 70E. CEI assumes the ability to perform

18.46 1132 North Seventh Street, San Jose, CA 95112
CA LIC #174637
1-877-747-4CEI
[email protected]  www.CEI.com
We Deliver Power and Possibilities
outages as needed to connect to existing systems and perform testing asrequired. 6) All work will be performed in a workman like manner. 7) Pricing is based upon work being performed during normal working hours. M-F 7:00 am– 3:30 pm. using local IBEW Union Labor.
8) Pricing and schedule (schedule will be created once contract is awarded) are based on delivery of the following customer/owner supplied material.
9) Sales and Use Tax assumed @ 9.25%. Does not include Gross Receipts Tax or reduced tax rate. 10) 1-Year Workmanship Warranty, starting immediately after the latest of one of the following:
a. Equipment is energized
b. Acceptance of notice of Substantial Completion
c. 30 days after CEI’s formal cessation of labor
d. Receipt of permission to interconnection from Utility Company 11) Equipment and materials supplied by CEI are warranted only to the extent they are warranted by the manufacturer.
12) CEI assumes indemnification for any issues arising from existing hazardous materials and no special construction methods related to existing contamination. Any materials that are deemed hazardous that are to be removed from the project site (by owner), including but not limited to Asbestos, Lead Paint, PCBs, will remain custody of the property owner and will not pass toCEI. 13) CEI has assumed a clear access to work area for material and equipment deliveries and to set equipment with forklifts (as appliable).
14) This proposal is based upon adequate space adjacent to the project location for storage of tools, materials and employee parking.
15) CEI reserves the right to use prefabrication in the construction of this project. 16) CEI reserves the right to utilize sub-contractors in the construction on this project. 17) Our proposal assumes that the project will always require and enforce good housekeeping practices. CEI will be responsible for its own cleanup. 18) This proposal is contingent upon CEI and City of Santa Cruz coming to agreement on mutually agreed upon set of Terms and Conditions. Proposal is valid for 60 days from date of submittal.

Exclusions:
1) Premium labor for additional weekends, holidays and shift work, unless specifically noted in our proposal.
2) Any Engineering scope.
3) Upgrades or repairs to any existing code violations. 4) Future changes in law or guidelines, Means & Methods align with current AHJ code interpretations or enforcement per the local standard of care. Including changes in interpretation or enforcement of existing code where prior alternate enforcement can be demonstrated.
5) Upgrades to existing equipment or infrastructure.
6) Operations and Maintenance services after installation, and Extended Warranties. 7) Delays caused by others including, but not limited to, OFCI equipment, reviews of drawings and submittals by Owner/Owner’s Engineer/Independent Engineer, Utility Company, AHJ and/or other permitting authorities; work by Utilities (outages/maintenance/upgrades); work by

18.47 1132 North Seventh Street, San Jose, CA 95112
CA LIC #174637
1-877-747-4CEI
[email protected]  www.CEI.com
We Deliver Power and Possibilities
Telecommunication companies to local phone/communication lines (outages/maintenance/upgrades); delays due to any Construction not in CEIscope. 8) Provisions for attending factory witness testing, pre-delivery inspections for OFCI materials or equipment.
9) Onsite/turnover training unless specified above.
10) Any required offsite work not specifically included above (i.e. existing road improvements and/or widening, road paving, etc.).
11) Conditions that could hamper equipment maneuverability, i.e. needed disking to aerate, chemical treatment, soil replacement, geo fabric or other means to mitigate excessive soil moisture and to facilitate earthwork operations. Grading is assumed to take place during dry weather conditions.
12) Cost, procurement, transportation or distribution of construction water. 13) Any onsite dewatering or mitigation of ground water. 14) Area Wide Drainage Report, Regional Drainage Report and/or mitigation of any off-site hydrology conditions.
15) Blasting, drilling, shooting, sawing and excavation of rock. 16) Delays or costs as a result of implementing environmental and/or unexploded ordinance mitigation measures.
17) Provisions have not been included for unknown subsurface objects. Or unforeseen conditions impacting project costs or schedule.
18) Utility charges, fees, permanent or temporary line extensions, interconnection or upgrade costs. 19) Bonds, Builders Risk Insurance and Performance or Production Guarantees. 20) Letter of Credit, or any other “on demand” instrument. 21) Double handling of materials.
22) Third party testing or special inspections unless specifically stated above. 23) Delays or costs associated with restrictions for Environmental, Archeological, Biological, Cultural and other impacts.
24) Animal protections are not included unless specifically outlined in the RFP or drawings. 25) Installation of trench plates.

If there are any questions or concerns, please do not hesitate to reach out via email or phone call.

Sincerely,
Omar Gonzalez
Project Manager
(408) 799-4065
[email protected]
Cupertino Electric, Inc.

18.48 City Council

AGENDA REPORT
DATE: 04/09/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Public Works
SUBJECT: Scenic St Sewer Rehabilitation (c401511) – Notice of Completion (PW) RECOMMENDATION: Motion to accept the work of Golden State Construction & Utility, Inc. (San Francisco, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Scenic St Sewer Rehabilitation Project (c401511).

BACKGROUND: At its September 12, 2023 meeting, City Council approved the authorization to advertise this project and authorized the City Manager to execute the contract. On October 10, 2023, the project was awarded to the lowest responsive and responsible bidder, Golden State Construction & Utility, Inc. Construction began on January 22, 2024 and included the installation of a new high density polyethylene sewer main through three sewer easements.

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

FISCAL IMPACT: The total project cost was $122,527.27. The project was funded in the FY 2024 Wastewater Capital Investment Program project c401511. There is no impact to the General Fund.

Prepared By:

Cina Seyedkazemi
Assistant Engineer II
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOC

19.1 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

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

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

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

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

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Scenic St Sewer Rehabilitation c401511

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Rehabilitating an existing sewer main through the pipe bursting process in a City sewer easement.

4. The general site location description or address (the “Property”) of the public improvement is located at: 131 Bayona Drive & 139 Scenic Street, Santa Cruz, CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: Golden State Construction & Utility, Inc. 1222 Funston Ave, San Francisco, CA 94122

6. Construction Lender. The name and address of the construction lender, if any, is: N/A

7. Date of Completion. The Project on the Property was completed on: March 19, 2024

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, April 30, 2024
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

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

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

19.2 Notice of Completion (Revised Oct 2021)

VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ____________________at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz

19.3 Notice of Completion (Revised Oct 2021)

PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Cina Seyedkazemi, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):

Direct Contractor: Golden State Construction & Utility, Inc. 1222 Funston Ave, San Francisco, CA 94122
☐ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on Click here to enter a date., at Santa Cruz, California.

Cina Seyedkazemi

19.4 City Council

AGENDA REPORT
DATE: 04/09/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Public Works
SUBJECT: WWTF Southside Fence Replacement Project (m409659) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Silicon Valley Paving (San Jose, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the WWTF Southside Fence Replacement Project (m409659).

BACKGROUND: The City Wastewater Treatment Facility (WWTF) contains a fence alongside its southside boundary which has reached the end of its useful life and must be replaced. The WWTF Southside Fence Replacement Project replaced and improved the existing fence along the southern boundary of the WWTF.

The City Council approved the Plans and Specifications and authorized the City Manager to execute the construction contract with Silicon Valley Paving during the August 8, 2023 meeting.

Work began on December 11, 2023, and included the rehabilitation and installation of a minimesh chainlink fence, installation of a reinforced steel fence, and installation of a wooden retaining wall near the WWTF southside boundary. The newly installed security fence will provide safety for our WWTF staff members and protecting critical assets necessary for the function of the facility.

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

FISCAL IMPACT: The project was funded from the FY 2024 Wastewater Enterprise Fund Capital Investment Program as WWTF Equipment Replacement (m409659). The County Sanitation District pays 8/17 of the cost based on wastewater treatment facility capacity dedicated to the County. There is no impact on the General Fund.

Prepared By:

Antonio DeWitt-Hernandez
Engineering Technician
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

20.1 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

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

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

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

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

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: WWTF Southside Fence Replacement Project m409659

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Removal and replacement of an existing chainlink fence with new chainlink fence, installation of a reinforced steel fence, and installation of a retaining wall.

4. The general site location description or address (the “Property”) of the public improvement is located at: 110 California St, Santa Cruz CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: Silicon Valley Paving 1050 Commercial Street Suite 101, San Jose, CA 95112

6. Construction Lender. The name and address of the construction lender, if any, is: NA

7. Date of Completion. The Project on the Property was completed on: March 27, 2024

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, April 30, 2024
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Antonio DeWitt-Hernandez
WHEN RECORDED MAIL TO:

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

20.2 Notice of Completion (Revised Oct 2021)

VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ____________________at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz

20.3 Notice of Completion (Revised Oct 2021)

PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Antonio DeWitt-Hernandez, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):

Direct Contractor: Silicon Valley Paving
1050 Commercial Street Suite 101, San Jose, CA 95112
☐ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on Click here to enter a date., at Santa Cruz, California.

Antonio DeWitt-Hernandez

20.4 City Council

AGENDA REPORT
DATE: 04/09/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Public Works
SUBJECT: West Cliff Drive Bethany Curve Culvert (c402407) – Approval of Revised Plans and Specifications, Authorization to Award Contract, and Approval of California Environmental Quality Act (CEQA) Exemption (PW) RECOMMENDATION: Motion to:
1) Approve the Plans and Specifications for the West Cliff Drive Bethany Curve Culvert Project (c402407) and authorize staff to award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget; and 2) Approve the West Cliff Drive Bethany Curve Culvert Project and find the project exempt under CEQA.

BACKGROUND: West Cliff Drive between Columbia Road and David Way was severely damaged by large swells during the January 2023 storms, causing portions of the roadway and path to fail, along with impacts to public access points, utility infrastructure, and the surrounding neighborhood. West Cliff Repairs are grouped into three packages: 1) Infill Walls, 2) Bethany Culvert, and 3) Rip Rap Replacement.

At its June 2023 meeting, City Council (Council) authorized bidding and award for the Infill Wall Project. No bids were received, and staff ultimately negotiated an agreement with Granite Construction Inc. (Watsonville, CA) in late summer 2023. Construction of walls at 920, 932, and 1016 West Cliff Drive commenced in October 2023, and final repairs are expected to be complete in the April/May 2024. Construction of the Infill Wall at 1030 has been delayed due to design revisions and scope changes. Construction of the 1030 wall is now expected to start in May 2024, and run through the end of 2024.

At its August 22, 2023 meeting, Council approved plans and authorized bidding for the Bethany Culvert repairs project, to address damages to roadway and drainage infrastructure at Bethany culvert at the end of Woodrow Avenue. In emergency repair work, it is common to bid and award a project using less than fully developed design drawings. After Council approval, and based on the recent no-bid result for the Infill Wall Project, staff elected to continue design refinement instead of immediately bidding the Bethany Culvert project as originally planned in August 2023. Furthermore, focus shifted to procuring a contractor and breaking ground on the

21.1 Infill Walls Project, and it became clear construction of the Bethany Culvert Project (which includes Bethany Creek) could not start during the wet season and would be pushed to 2024.

DISCUSSION: The project team is composed of all local consultants including Mesiti Miller Engineering, Pacific Crest Engineering, and Dudek. The team has worked collaboratively with staff, and outside regulators and funding partners including California Coastal Commission, and Caltrans to bring forward a cost effective and constructable project that supports current and future transportation and recreational uses along West Cliff Drive.

Key design criteria and project constraints included:
• Minimizing seaward encroachment
• Public right of way limits
• Protecting Bethany Park against erosive wave runup
• Funding that complies with replacement of existing facilities, but not betterments • Projected ongoing coastal erosion over the life of the facility • Drainage to convey 100-year rain events
• Honoring architectural character of existing structure The current project scope consists of the following elements:
• Demolition of existing culvert and headwalls
• Stabilization and fill of a sea cave
• Installation of two new culverts
• Elevation of the road surface 12-inches to reduce the potential for wave overtopping events • New concrete guardrails that will meet current height standards and further protect against waive overtopping
• Restoration of paving, sidewalk and reconnection of drainage inlets • Removal of rip rap in select locations
Final plans and specifications for the project can be found online at:
http://www.cityofsantacruz.com/publicworksprojects
Granite Construction Inc. (Granite) has also been a trusted and integral partner in the West Cliff recovery efforts. Granite has exceeded expectations and worked to problem solve numerous challenges that have arisen during the execution of the Infill Wall project. In order to efficiently proceed with construction of Bethany Curve Culvert Project, staff recommends a single source award of the Bethany Curve construction project to Granite for several key reasons:
• The Bethany Curve project is located on the same block of West Cliff as the 1030 Infill wallwhich has already been awarded to Granite. It would be impossible to manage two separate contractors in such close proximity with shared traffic control, staging, and access points; • Granite has already mobilized and will remain mobilized during the period of construction at Bethany Curve Culvert project. Paying to mobilize a different contractor would add at least an additional 10% to project costs;
• Single source procurement is a permitted contracting method by Federal Highway Administration (primary source of funding) and is allowed by City code section 3.08.150. The City Purchasing Manager supports a single source award in this instance; and • Conducting a typical low bid procurement process will delay start of construction until end of summer, which may effectively result in the entire project being deferred until 2025.

The Bethany Curve Culvert project tentative schedule is as follows:

21.2 • Council approval/award construction April 30, 2024 • Mobilize by May 13, 2024
• Construction completed by November 2024(subject to PG&E and other utility relocation) For safety purposes, the project will require full closure of West Cliff Drive to all users including pedestrians and cyclists. A pedestrian detour up David Way to Oxford Way and back to Woodrow Avenue will be established as part of the temporary traffic control plan.

An Emergency Coastal Development has been issued by the California Coastal Commission.

The project was reviewed by staff and determined to be statutorily exempt from further environmental review under CEQA Section 15269, Emergency Projects; a Notice of Exemption will be filed following City Council approval of the construction contract.

FISCAL IMPACT: Funds are available in West Cliff Drive Bethany Curve Culvert (c402407).

The estimated construction cost including contingency is $9,100,000. Federal Highway Administration has approved funding for this project at a cost share of 88.75%. Matching funds from State RSTPX and LPP have been secured to cover the City’s local match, no additional General Funds are required. There is no impact to the General Fund.

Prepared By:

Kevin Crossley, P.E.

City Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

21.3 City Council

AGENDA REPORT
DATE: 04/11/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Water
SUBJECT: Right-of-Way Agreement for Newell Creek Pipeline Replacement Project – Felton to Graham Hill Water Treatment Plant: Evangelical Free Church of Felton APN 065-152-17 (WT)
RECOMMENDATION: Motion to adopt a resolution authorizing and directing the City Manager to execute a Right-of-Way Agreement, in a form approved the City Attorney, between the City of Santa Cruz and Evangelical Free Church of Felton for use of their parking lot located in Felton, CA near Graham Hill Road and Zayante Road, APN 065-152-17, for the Newell Creek Pipeline Replacement Project – Felton to Graham Hill Water Treatment Plant.

BACKGROUND: The City of Santa Cruz Water Department developed the Newell Creek Pipeline (NCP) Replacement Project to improve the reliability of water supply infrastructure for the City of Santa Cruz (City). The NCP is a critical component of the City’s water supply infrastructure that delivers water from the Loch Lomond Reservoir to the City’s Graham Hill Water Treatment Plant (GHWTP). With the NCP Replacement Project – Felton to GHWTP (Project), the City plans to replace a section of the NCP by constructing approximately 24,000- linear feet of new 24-inch diameter pipe between Felton Booster Pump Station in Felton and GHWTP. This will replace and realign the existing pipeline to ensure continued water supply reliability.

DISCUSSION: To complete the Project, the City must have a Right of Way Agreement for a temporary construction easement on real property identified by the Recorder’s Office of Santa Cruz County as APN 065-152-17, Felton, CA (Property). The portion of the Property required for the Project is a parking lot.

The title report indicates that the Property is owned by Evangelical Free Church of Felton (Owner).

The City contracted with Integra Realty Resources (Integra), a full-service independent appraisal firm, and Monument to negotiate the Right of Way Agreement.

On April 5, 2024, the City and Owner reached an agreement on the Right of Way Agreement as outlined in the attachments, including repaving the parking lot within the temporary construction easement area at Project completion in lieu of payment.

22.1 FISCAL IMPACT: The estimated cost of restoration is $150,000, which is comparable to the appraised value of the temporary construction easement and estimated cost for constructionrelated pavement repairs combined. Funds are available in Water’s Capital Investment Program in project c702105, NCP Replacement Project – Felton to GHWTP.

Prepared By:

Victoria Thompson
Deputy City Attorney
Submitted By:

Heidi Luckenbach
Water Department Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION FOR APN 065-152-17.DOC

2. RIGHT OF WAY AGREEMENT FOR APN 065-152-17.PDF

22.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

AND DIRECTING THE CITY MANAGER TO EXECUTE A RIGHT OF WAY AGREEMENT

BETWEEN THE CITY OF SANTA CRUZ AND EVANGELICAL FREE CHURCH OF FELTON FOR TEMPORARY CONSTRUCTION USE ON APN 065-152-17 WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations with a property owner included in this Right of Way agreement; and
WHEREAS, the City of Santa Cruz has offered Evangelical Free Church of Felton certain considerations for use of their parking lot during construction of the Newell Creek Pipeline Replacement Project - Felton to Graham Hill Water Treatment Plant to replace a section of the Newell Creek Pipeline; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute the Right of Way Agreement, pertaining to certain property located on APN 065-152-17, from Evangelical Free Church of Felton for temporary construction purposes of the Newell Creek Pipeline Replacement Project - Felton to Graham Hill Water Treatment Plant upon the terms and conditions as set forth in said Right of Way Agreement as presented to this Council this date.

PASSED AND ADOPTED this 30th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Fred Keeley, Mayor
ATTEST: ___________________________

22.3 Bonnie Bush, City Clerk Administrator

22.4 22.5

22.6 22.7

22.8 22.9

22.10 22.11

22.12 22.13

22.14 22.15

22.16 22.17

22.18 22.19

22.20 22.21

22.22 22.23

22.24 22.25

22.26 22.27

22.28 22.29

22.30 City Council

AGENDA REPORT
DATE: 04/08/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan and Amendment to the Citizen Participation Plan (EDH)
RECOMMENDATION: This item is continued to May 14, 2024 and will not be discussed.

23.1 ORDINANCE NO. 2024-08

AN ORDINANCE OF THE CITY OF SANTA CRUZ APPROVING AN AMENDMENT TO

THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION AND CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE A NEW LOCAL OCEAN BEACH LIFEGUARD MEMBER CATEGORY 2.7% @ 57 FULL FORMULA AND FOURTH LEVEL OF 1959 SURVIVOR BENEFITS WITH 0% PRIOR SERVICE
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

SECTION 1. That an amendment to the contract between the City Council of the City of Santa Cruz and the Board of Administration, California Public Employees’ Retirement System, is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.

SECTION 2. The Mayor of the City of Santa Cruz is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.

SECTION 3. The ordinance shall take effect and be in force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 9th day of April, 2024 by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

24.1 ORDINANCE NO. 2024-08
2 PASSED FOR FINAL ADOPTION this 30th day of April, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original of
Ordinance No. 2024-08 and that it has
been published or posted in accordance
with the Charter of the City of Santa
Cruz
________________________________
Bonnie Bush, City Clerk Administrator

24.2 Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

That I caused the attached legal notice/advertisement to be published in the Santa Cruz Good Times, a weekly newspaper published and circulated in the County of Santa Cruz, and adjudged a newspaper of general circulation by the Superior Court of California in and for the County of Santa Cruz, under Proceeding No. 68833; and that the legal notice/advertisement was published in the above-named newspaper on the following date(s), to wit:

April 24, 2024
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 24th day of April, 2024, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator

24.3 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 15th day of April, 2024, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2024-08, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—2.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 15 th day of
April, 2024, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator

24.4 City Council

AGENDA REPORT
DATE: 04/11/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Police
SUBJECT: Receipt of AB 481 Annual Military Equipment Report and Renewal of SCMC Chapter 9.90 Pertaining to AB 481 Military Equipment (PD) RECOMMENDATION: Motion to:
1) Receive the Santa Cruz Police Department’s (SCPD) Annual Military Equipment Report; and 2) Adopt a resolution renewing Chapter 9.90 of the Santa Cruz Municipal Code (SCMC) pertaining to AB 481 Military Equipment.

BACKGROUND: California State Assembly Bill (AB) 481, effective January 1, 2022, establishes requirements for the funding, acquisition and use of items deemed “military equipment” (Gov’t Code § 7070(c)) in law enforcement and state agencies. AB 481 requires law enforcement agencies to obtain approval from their governing body via ordinance adopting a military equipment use policy prior to purchasing, raising funds for, or acquiring military equipment. Gov’t Code § 7071(a)(1). A law enforcement agency that receives approval for a military equipment policy must submit to their governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval and annually thereafter for as long as the military equipment is available for use. Gov’t Code § 7072.

On May 10, 2022, the Santa Cruz City Council (“City Council”) adopted Ordinance 2022-09, adding Chapter 9.90 to the Santa Cruz Municipal Code (“SCMC”) and adopting a Military Equipment Use Policy pursuant to Assembly Bill (“AB”) 481.

The City Council approved the incorporation of the acquisition of unmanned aerial systems (UAS) into Military Equipment Use Policy 705 via Ordinance 2024-05 on February 13, 2024, amending Chapter 9.90 of the SCMC to include the revised SCPD Policy 705.

A friendly amendment was made and accepted to direct staff to submit the next annual report as an FYI no less than 30 days before the item returned to the City Council for final action and hold a public meeting within those 30 days.

AB 481 also requires the governing body to review the ordinance adopting a military equipment use policy at least annually and to vote on whether to renew the ordinance at a regular meeting held pursuant to the Brown Act. Gov’t Code § 7071(e)(1). The governing body must determine,

25.1 based on the annual military equipment report, whether each type of military equipment identified in that report has complied with the standards for approval set forth in in Government Code section 7071(d), including the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

If the governing body determines that certain military equipment identified in the annual military equipment report has not complied with the above standards, the governing body must either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. Gov’t Code § 7071(e)(2).

DISCUSSION: Per the above requirements, SCPD hosted a virtual community meeting on April 3, 2024, via Zoom to present the Department’s 2023 Annual Military Equipment Report pursuant to AB481 and answer questions from community participants. In total, twelve members of the community joined the meeting. At the conclusion of the presentation, police department staff answered a variety of questions that included, but were not limited to:
- Is SCPD doing drone surveillance on the homeless at DeLaveaga? - What is Axon, and how secure is its data hosting?
- What are the projected or anticipated uses of this [military] equipment? Do you anticipate civil unrest at all (as per coming elections) or mostly combating criminal activity? - What is the anticipated lifespan of the UAS equipment? - What is the cost of each UAS?
- Why did the Department not track firearm usage by firearm type in 2023? - Do you have policies regarding unarmed protesters?
- Define legally enforceable safeguards mentioned in AB 481. - For robots, drones, flash bangs, tear gas, 40mm projectiles, pepper balls, and pepper ball guns, the section on authorized uses employs the phrase “including but not limited to” for a list of authorized uses. Does this mean that all possible uses are authorized? - What new military equipment is [the police department] planning to purchase in the upcoming year?
SCPD is providing the attached 2023 Annual Military Equipment Report pursuant to AB 481.

The annual report includes the following information for each type of military equipment, as required by Government Code section 7072(a), for the 2023 calendar year:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.

25.2 (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The SCPD Annual Military Equipment Report provides available data for each type of military equipment approved by the Santa Cruz City Council for the 2023 calendar year (January 1, 2023 – December 31, 2023).

Pursuant to AB 481, the SCPD is requesting that the City Council receive the SCPD Annual Military Equipment Report for the 2023 calendar year and adopt a resolution renewing SCMC Chapter 9.90 pertaining to AB 481 Military Equipment pursuant to Government Code section 7071(e).

FISCAL IMPACT: None.

Prepared By:

Catherine Brothers
Principal Management
Analysis
Submitted By:

Bernie Escalante
Chief of Police
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. RESOLUTION EXHIBITS A AND B.PDF

3. AB 481_2023 ANNUAL MILITARY EQUIPMENT REPORT_SCPD.PDF

25.3 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ RENEWING CHAPTER 9.90 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO AB 481 MILITARY EQUIPMENT
WHEREAS, on May 10, 2022, the Santa Cruz City Council (“City Council”) adopted Ordinance 2022-09, adding Chapter 9.90 to the Santa Cruz Municipal Code (“SCMC”) and adopting a Military Equipment Use Policy pursuant to Assembly Bill (“AB”) 481; and WHEREAS, on February 13, 2024, the City Council approved the purchase of unmanned aircraft systems via Ordinance 2024-05, amending Chapter 9.90 of the SCMC to include a revised Military Equipment Use Policy and AB 481 Equipment List; and WHEREAS, pursuant to Government Code section 7071(e)(1), the City Council has reviewed SCMC Chapter 9.90 along with the Santa Cruz Police Department Military Equipment Use Policy, both attached to this Resolution as Exhibit A; and WHEREAS, consistent with Government Code section 7072, the City Council received an annual military equipment report on April 30, 2024 for each type of military equipment approved by the City Council (“2023 Annual Military Equipment Report”); and WHEREAS, the City Council has reviewed the 2023 Annual Military Equipment Report, attached to this Resolution as Exhibit B; and
WHEREAS, the 2023 Annual Military Equipment Report contains additional details regarding the specific model of equipment in Category 15 that will be incorporated into the Santa Cruz Police Department Military Equipment Use Policy when SCMC Chapter 9.90 is next amended.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:

A. The AB 481 Military Equipment Ordinance shall be, and hereby is, renewed so that the ordinance will remain in effect until the next reporting period required under AB 481; and B. Additional details regarding the specific model of equipment in Category 15 in the 2023 Annual Military Equipment Report will be incorporated into the Santa Cruz Police Department Military Equipment Use Policy when SCMC Chapter 9.90 is next amended.

C. The City Council finds that each type of military equipment identified in the 2023 Annual Military Equipment Report has complied with the standards for approval set forth in Government Code section 7071(d), including the following:
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

25.4 RESOLUTION NO. NS-XX,XXX
2 (b) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(c) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

PASSED AND ADOPTED this 30th day of April, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

25.5 EXHIBIT A

25.6 25.7

25.8 25.9
Policy
705
Santa Cruz Police Department
Santa Cruz PD-CA Policy Manual
Copyright Lexipol, LLC 2024/03/27, All Rights Reserved.

Published with permission by Santa Cruz Police Department Military Equipment - 1
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

25.10 Santa Cruz Police Department
Santa Cruz PD-CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/03/27, All Rights Reserved.

Published with permission by Santa Cruz Police Department Military Equipment - 2
705.2 POLICY
It is the policy of the Santa Cruz Police Department that, with respect to military equipment, members of this department comply with the provisions of Government Code § 7071, Penal Code § 13652 (AB 48), City of Santa Cruz Resolution No. NS-29,862, and Council Policy No. 29-16. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Cruz Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: 2023 12 06 Santa Cruz Police AB 481 Equipment List_FINAL.pdf 705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

25.11 Santa Cruz Police Department
Santa Cruz PD-CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/03/27, All Rights Reserved.

Published with permission by Santa Cruz Police Department Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 705.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
705.9 PUBLIC SUBMITTAL OF COMPLAINTS, CONCERNS AND/OR QUESTIONS Any member of the public wishing to submit a complaint, concern, or question regarding the Department's use of each specific type of military equipment, should contact the Department's Professional Standards Unit, call (831) 420-5800, or visit the Department's website at https:// www.cityofsantacruz.com/government/city-departments/police and select the "Community Feed

25.12 Santa Cruz Police Department
Santa Cruz PD-CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/03/27, All Rights Reserved.

Published with permission by Santa Cruz Police Department Military Equipment - 4
Back Form." Complaints, concerns, or questions can be submitted in any form (i.e. in person, telephone, email, etc.). The Department will work diligently to timely respond to the public submittal of complaints, concerns, and/or questions regarding the Department's use of each specific type of military equipment.

25.13 Santa Cruz PD-CA Policy Manual
Copyright Lexipol, LLC 2024/03/27, All Rights Reserved.

Published with permission by Santa Cruz Police Department Attachments - 5
Attachments

25.14 Attachment
Santa Cruz PD-CA Policy Manual
Copyright Lexipol, LLC 2024/03/27, All Rights Reserved.

Published with permission by Santa Cruz Police Department 2023 12 06 Santa Cruz Police AB 481
Equipment List_FINAL.pdf - 6
2023 12 06 Santa Cruz Police AB
481 Equipment List_FINAL.pdf
2023 12 06 Santa Cruz Police AB 481 Equipment List_FINAL.pdf

25.15 December 2023 Military Equipment List - 1
Santa Cruz Police Department Military Use Equipment List Pursuant to AB481.

1. Robot (Category 1)
a. Description, quantity, capabilities and purchase cost:

I. Recon Robotics “Throw bot.” Purchase cost: $9,000 in 2013. Quantity: 1.

This equipment is a battery powered, remote operated device. It is equipped with a color camera as well as infrared capabilities that allow for use in low or no light situations. It does not have audio capabilities, nor is it capable of creating audio or video recordings. The Throw Bot is designed to be carried and operated by one person and can be thrown a significant distance without damage. It cannot traverse stairs on its own and it does not have any arm, claw or other type of manipulation attachment. The Throw Bot has no ability to have a weapon or other device affixed to it, nor is the Throw Bot capable of delivering a weapon or other device. This equipment is for use during high-risk incidents or incidents where its use may enhance officer or civilian safety. These include but are not limited to: a high-risk search warrant, barricaded subject or hostage negotiation/rescue. This equipment can provide officers with the location of a subject inside of a structure or room. It can assist officers in locating suspects, determining whether the suspect armed, and can provide the locations of injured persons or hostages. This equipment can provide critical tactical information without placing officers at undue risk. This equipment has been used in numerous high risk and dangerous incidents.

II. Recon Robotics “Throw bot 2.” Purchase cost: $16,270. Quantity: 1.

This equipment is a battery powered, remote operated device. It is equipped with a color camera as well as infrared capabilities that allow for use in low or no light situations. It is capable of one-way audio (Listening only). The audio and video captured by the Throw Bot 2 can be recorded onto an SD card via the remote device. The Throw Bot 2 is designed to be carried and operated by one person and can be thrown a significant distance without damage. It cannot traverse stairs on its own and it does not have any arm, claw, or other type of manipulation attachment. The Throw Bot 2 has no ability to have a weapon or other device affixed to it, the Throw Bot 2 is incapable of delivering a weapon or other device. This equipment is for use during high-risk incidents or incidents where its use may enhance officer or civilian safety. These include but are not limited to: a high-risk search warrant, barricaded subject or hostage negotiation/rescue. This equipment can provide officers with the location of a subject inside of a structure or room. It can assist officers in locating suspects, determining whether the suspect is armed, and can provide the locations of injured persons or hostages. This equipment can provide critical tactical information without placing officers at undue risk. This equipment has been used in numerous high risk and dangerous incidents.

III. AVITAR II by Robotex. SCPD has access to two AVITAR II robots maintained by the Santa Cruz Sheriff’s Office. The AVITAR II is a heavy25.16 December 2023 Military Equipment List - 2
duty robot, controlled by remote operation with a camera attachment owned by the Santa Cruz Sheriff’s Office.
b. Purpose:

To be used to remotely search areas and gain visual data. c. Authorized Use:

The SCPD Emergency Service Unit (ESU) Tactical team has primary control over the Throw Bot. It is available for use by any SCPD officer in any situation where it would enhance officer or civilian safety. The AVITAR II Robots are entirely owned and operated by Santa Cruz Sheriff’s Office personnel. d. Legal and Procedural Rules:

All applicable SCPD policies, including but not limited to, Search and Seizure312, Missing Persons-316, Emergency Services Unit-404 and Recordings 426.5. Any use of SCPD robots will be for official law enforcement purposes, pursuant to State and Federal law, and in a manner that respects the privacy of our community.
e. Required Training:

I. The SCPD conducts department specified training for personnel to use the Throw Bot. This includes set up, deployment, safe and effective use of the Throw Bot and Throw Bot 2. This includes set up, deployment, safe and effective use of the Throw Bots.

II. Training required for the use of the AVITAR II robots is in accordance with the Santa Cruz County Sherriff’s policy.
f. Expected Lifespan:

I. Throw Bot: The Throw Bot is designed to be in service 8-10 years. The Throw Bot will be used until repairs are no longer supported by the manufacturer, the Throw Bot has been in service since 2013. It has been repaired by the manufacturer once.

II. Throw Bot 2: The Throw Bot 2 is designed to be in service 8-10 years.

The Throw Bot 2 is covered under the manufacturer’s warranty for one year. Once the warranty expires any repairs required will be done by the manufacturer at SCPD’s cost.

III. AVITAR II: Not a consideration for SCPD.
g. Fiscal Impact
I. Throw Bot: No known annual maintenance costs.

II. Throw Bot 2: $16,270 (Homeland Security grant funded). No known annual maintenance costs.

III. AVITAR II: No fiscal impact for SCPD.

2. Unmanned Aerial Systems UAS (Category 1)
a. Description, quantity, capabilities and purchase cost:

Skydio Drone X10 Unmanned Aerial Drone with Skydio, spare propellers and batteries, NightSense, Visible Light for X10, Skydio Spotlight for X10, and Skydio Speaker/Mic for X10. Purchase cost: $21,706.88 each. Quantity sought: 5. This equipment is a battery powered remote operated Unmanned Aerial Drone. It is equipped with a camera that is capable of audio and video recording. The camera has low light capabilities and can be used in darkness. The camera has thermal capabilities, meaning that it can detect heat signatures of substances, objects or persons that are warmer than their surrounding environment. The camera has zoom capabilities that enable it to read the license plate of a vehicle up to 800

25.17 December 2023 Military Equipment List - 3
yards away. The drone is capable of mapping crime scenes and major collisions scenes. When used in conjunction with software, 3 dimensional renderings of these scenes can be created for investigative purposes. The UAS has a 40- minute flight time per battery, it can fly at speeds of up to 45 miles per hour and it can be deployed by a trained operator in less than 40 seconds. The UAS cannot be weaponized and is not designed to carry or deploy any type of weapon or device. While versions of the UAS software has facial recognition capacities, the UAS will not be used for facial recognition and the Department will not purchase software that supports facial recognition.
b. Purpose
To support authorized law enforcement activity by providing aerial visual and audio capabilities.
c. Authorized Use:

Only officers who are licensed and have completed the required training may deploy and operate the UAS. The UAS will be operated in compliance with all applicable local, State and Federal laws and in accordance with constitutional and privacy rights. Authorized uses of the UAS include, but are not limited to, the following:

I. Public safety emergency
II. Search and Rescue/Water Rescue
III. Lost or missing persons
IV. Investigation of suspicious or explosive devices
V. Natural disaster response and management
VI. Crime scene documentation
VII. Traffic collision documentation
VIII. Recovery of decedent
IX. Qualifying law enforcement or fire department mutual aid X. Pursuant to a valid search and/or arrest warrant
XI. To assist in the service of a valid search and/or arrest warrant XII. Crime in progress
XIII. Locating a fleeing suspect
XIV. Departmental videos including but not limited to recruitment and public relations
XV. Educational demonstrations
XVI. Department training
d. Legal and Procedural Rules:

All applicable SCPD policies, including but not limited to, Unmanned Aerial System-607, Search and Seizure-312, Missing Persons-316, Emergency Services Unit-404 and Recordings 426.5; Santa Cruz Municipal Code Chapter 9.85. Use of UAS will be for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to local, State and Federal law, and Federal Aviation Administration (FAA) regulations.
e. Required Training:

The Department will maintain a current FAA Certificate of Waiver or Authorization.

All operators must be licensed pursuant to FAA Part 107 Remote Pilot Certificate.

All UAS operators will complete additional training as may be required by department policy and/or State and Federal regulation.
f. Expected Lifespan:

Each UAS has a 1-year limited manufacturer’s warranty. The Department will purchase an additional 3-year care package for each UAS. This provides for one

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non-cost replacement of an inoperable UAS and reduced costs for any subsequent replacements. The Department intends to operate these UAS until they become obsolete and are no longer supported by the manufacturer. g. Fiscal Impact
The Department will be required to modify two marked SCPD vehicles with specific equipment to operate the UAS. This equipment will be used to store and transport drones, display monitors, power inverter systems, spare batteries, and solar charging equipment. The estimated purchase and installation cost for this equipment is $27,708.

In addition to the purchase cost of the UAS, and operational equipment, the Department will purchase software and licensing. These costs are estimated at $80,516.45 over the course of five years and include the software required to operate the UAS and to integrate the UAS with the Department’s Axon evidence system.

Initial training costs for the first year are estimated at $6,926 and will include all required training and licensing costs for the UAS operators, including FAA licensing.

The Department will also purchase warranty and support service subscriptions over the course of five years for a total of $26,245.

3. Armored Personnel Carrier, vehicle with entry apparatus attached (Category 2&3) a. Description, quantity, capabilities and purchase cost:

Lenco Armored Rescue Vehicle (ARV). Purchase cost $230,378. Quantity: 1.

The ARV is designed to provide ballistic protection during tactical events, and is designed to withstand multiple bullet strikes from small arms fire and low level explosions. The ARV is equipped with remote operated spotlights, emergency lights, siren and a public address system. Common uses for the ARV include citizen and officer rescues, evacuations and the deployment of officers and chemical munitions. The ARV has been used in numerous high-risk and critical incidents including use by allied agencies in Santa Clara County, Santa Cruz County and San Mateo County.
b. Purpose:

To be used in response to high-risk or critical incidents to enhance officer and community safety, assist in scene containment and to assist in resolving critical incidents.
c. Authorized Use:

Only the Watch Commander or the ESU commander may authorize the use of the ARV. Deployment must be based on the specific circumstances of a given critical incident. The ARV was purchased through a BUASI grant. The terms of this grant require that SCPD make the ARV available to any allied agency with the BUASI area as long as the situation the ARV is requested for meets the criteria for deployment set forth in SCPD Policy 702. SCPD generally sends at least one member of the ESU tactical team with the ARV if one is available. d. Legal and Procedural Rules:

All applicable SCPD policies including but not limited to Vehicle Use -702, ESU Tactical Team-404. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
e. Required Training:

Members of the ESU team train officers in the use of the ARV. This training

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includes capabilities of the ARV, safety considerations, conducting civilian and officer rescues as well as other deployment considerations. f. Expected Lifespan:
20 years.
g. Fiscal Impact
$4,312 per year (parts, labor, and fuel).

4. Ford F350 transport vehicle (ESU Truck, category 5)
a. Description, quantity, capabilities and purchase cost. 2008 Ford F350 transport vehicle. A standard Ford F350 truck chassis with a large box type compartment attached to the chassis from the cab back. Purchase cost: $65,000. Quantity: 1. The interior of the compartment is fitted with shelving and seats. The outsides of the compartment are fitted with multiple storage boxes. The vehicle contains various equipment, spare ballistic shields, breeching tools, small tools, medical supplies, pens, writing tablets, power inverters etc. b. Purpose:

The Ford F350 is deployed during critical incidents or any other instance where it can be utilized to transport personnel and equipment.
c. Authorized Use:

Any member of the SCPD is authorized to drive the vehicle if directed to do so.

The vehicle is used primarily by the ESU team.
d. Legal and Procedural Rules:

All applicable SCPD policies including but not limited to Vehicle Use -702 and Emergency Services Unit-404. It is the policy of the SCPD to use the vehicle only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
e. Required Training:

All driver/operators shall receive training in the safe operation of the vehicle. f. Expected lifespan:
20 Years.
g. Fiscal Impact:
$1,158 per year (parts, labor, and fuel).

5. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities and purchase cost:

Chevy Tahoe Patrol Vehicle. Purchase cost: $60,000 each.

Quantity: (1) 2017 Model (Lieutenant), (3) 2018 models (Sergeants). These vehicles can act as a Mobile Command Center. The vehicle is equipped with file cabinets, dry erase board, medical supplies and additional mapping equipment. b. Purpose:

The Mobile Command Center is commonly utilized during incidents which involve the use of the Incident Command System (ICS). The Mobile Command Center assists with creating a set of objectives and overall goals, developing appropriate tactics, ensuring the allocation of appropriate resources, reviewing plans, communicating goals, tactics, expectations, and establishing accountability. c. Authorized Use:

The Mobile Command Center is used when deemed appropriate by the field supervisor or Watch Commander.

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d. Legal and Procedural Rules:

All applicable SCPD policies including but not limited to Vehicle Use -702. It is the policy of the SCPD to use the vehicle only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
e. Required Training:

All driver/operators shall receive training in the safe operation of the vehicle. f. Expected Lifespan:

I. Chevy Patrol Vehicle: 10 years.

II. The Mobile Command Center does not have a minimum or maximum lifespan and can be transferred to other vehicles.
g. Fiscal Impact:

I. There is no annual maintenance cost for The Mobile Command Center.

II. Vehicle maintenance cost is approximately $1,575 per year, per vehicle (parts, labor, and fuel).

6. Firearms of Greater than .50 caliber (Category 8)
a. Description, quantity, capabilities and purchase cost:

Mossberg 590 12 gauge pump action shotguns. Purchase cost, approximately $1,400 each. Quantity: 2. These shotguns are built on a standard Mossberg 590 action. They have a 13.5 inch barrel with a breaching muzzle brake affixed to the end of the barrel.
b. Purpose:

These shotguns are specifically designed to be used as breaching tools in situations where rapid entry into a structure is required, such as a hostage situation. They are used to defeat the locking mechanism or the hinges of door by firing a breaching shotgun round into these areas.
c. Authorized Use:

Only members of the ESU Tactical team who have completed a breaching school and are trained in the use of these weapons are authorized to use them. d. Legal and Procedural Rules:

All applicable department policies, including but not limited to Use of Force-300, Firearms-306, Search and Siezure-312 and Emergency Services Unit-404. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

Only officers who have completed a department authorized breaching school may use these shotguns. The school must include specific training related to the breaching shotgun.
f. Expected Lifespan:

No expiration date. The shotguns may need replacement parts when serviced or replaced if they break.
g. Fiscal Impact:
$0-$1,400 per year.

7. Firearms of Greater than .50 Caliber (Category 8)
a. Description, quantity, capabilities and purchase cost:

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Remington 870 12 Gauge pump action chemical agent launching shotgun.

Purchase cost: $700. Quantity: 1.This shotgun was repurposed from an out of service shotgun that SCPD already had in inventory. This shotgun is specifically designed to launch a specific type of chemical munition. Though based on a standard 12 gauge shotgun, it is not designed or capable of firing lethal shotgun rounds. The buttstock and fore-end are bright orange and it is marked as a “Less Lethal” weapon. It has a purpose built launching cup permanently affixed to the muzzle.
b. Purpose:

This shotgun is designed to launch a specific type of launchable CS (2- chlorobenzylidene malononitrile) chemical agent canisters approximately 25 yards away. It allows officers to deploy chemical agents during critical incidents from behind cover or in a situation where hand delivering the agents would be unsafe. It allows officers the ability to deploy chemical agents in second and third floors of structures where it would be impossible for officers to hand deliver the agents.
c. Authorized Use:

Only officers assigned to the ESU Tactical team are currently authorized to use this launching shotgun.
d. Legal and Procedural Rules:

All applicable policies including but not limited to Use of Force-300, Firearms306, Control Devices and Techniqies-302, Search and Seizure- 312 and ESU Tactical team -404. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, noise, flash, diversionary devices (NFDD) and deployment platforms, in addition to manufacture specific instructor certifications.

The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department.
f. Expected Lifespan:

No expiration. The shotgun may need parts when serviced or replacement if it breaks.
g. Fiscal Impact:
$0-$700 per year.

8. Ammunition of .50 caliber or greater (Category 9).
a. Description, quantity, capabilities and purchase cost:

12. Gauge launching Cartridges Defense Technologies part number 1210.

Purchase cost: $371.25. Quantity: 55. These are blank shotgun cartridges that utilize black powder as the propellant.
b. Purpose:

When used with launching shotgun, the pressure created in the barrel by the expanding gasses of the black powder propellant provide enough force to launch

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the chemical agent canister from the shotgun. Though this ammunition is designed and is advertised for other uses, the SCPD only uses it as a launching cartridge for the launching shotgun.
c. Authorized Use:

Only officers assigned to the ESU team who are trained in the use of the launching shotgun are permitted to use these shotgun-launching rounds. d. Legal and Procedural Rules:

All applicable policies including but not limited to Use of Force-300, Firearms306, Control Devices and Techniqies-302, Search and Seizure- 312 and ESU Tactical team -404. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department. f. Expected Lifespan:
5 years.
g. Fiscal Impact:
$0-$500 per year.

9. Specialized Firearms and ammunition of less than .50 caliber (Category 10) a. Description, quantity, capabilities and purchase cost:

The department maintains a Precision Rifle team within the ESU Tactical team.

These officers are trained in the use of precision rifles that are specifically designed to stop lethal threats at various distances and through barrier mediums that a carbine rifle would not. These rifles are chambered in .308 Winchester.

This is a .30 caliber round that is highly accurate and used during potentially lethal encounters. The .308 is capable of defeating soft body armor at greater distances.

I. Defiance bolt action precision rifles. Purchase cost: $15,609. Quantity: 3.

II. Accuracy International AT series bolt action rifle. Purchase cost: $4,462.

Quantity: 1.

III. Hornady .308 155 grain ELD Match TAP ammunition. Purchase cost:
$6,720. Quantity: 3,200.
b. Purpose:

To provide officers with the ability to address lethal threats with more precision, at greater distances than a Carbine rifle or handgun are capable. c. Authorized Use:

Only those officers assigned to the ESU Tactical team, and who have been selected as members of the Precision Rifle team may use these weapons. d. Legal and Procedural Rules:

All applicable department policies, including but not limited to, Use of Force-300,

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Firearms-306 and ESU Tactical Team-404. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. e. Required Training:

Officers assigned to the Precision Rifle Team are required to attend and pass a POST certified basic Precision Rifle course before they are permitted to use these weapons.
f. Expected Lifespan:

I. Defiance Precision Rifles, no expiration date. They will need parts and service as they become worn or break.

II. Accuracy International AT Series Rifle, no expiration date. It will need parts and service as they become worn or break.

III. Hornady 155 grain ELD Match TAP, no expiration date. g. Fiscal Impact:

I. Precision rifles, $0-$1,000 per fiscal year.

II. Hornady Ammunition, $0-$6,720 per fiscal year.

10. Flashbang, Teargas and Pepper balls (Category 12)
a. Description, quantity, capabilities and purchase cost:

Noise, Flash, Diversionary Devices (NFDD) commonly referred to as “flashbangs” are single use devices that emits a loud bang and a very bright flash. They are designed to disorient and distract dangerous subjects by overwhelming their senses and provide a window of time, approximately 6-8 seconds, for officers to take control of dangerous or high-risk situations.

Additionally, the SCPD possess “Stinger Grenades.” This device is a rubber ball that contains a small NFDD in addition to 60 .32 caliber rubber balls. When used, the grenade separates along its hemisphere and expels the balls while simultaneously giving a loud bang and bright flash. These are useful in crowd control or riot situations as a means to disperse groups of violent individuals in addition to the disorienting effect of the NFDD component to mitigate dangerous behavior. These can be purchased in configurations that include OC/CS (2chlorobenzylidene malononitrile/Oleoresin Capsicum) agent dispersing capabilities, inert powders or simply the .32 caliber balls.

I. 8902NR 12 gram low roll NFDD. Purchase cost: $2,426. Quantity: 40.

II. 7007 4 gram NFDD training reloads. Purchase cost $955. Quantity: 26.

III. 1090 Stinger Grenades. Purchase cost $523. Quantity: 10. b. Purpose:

To produce a loud noise, overpressure and a very bright flash, that can cause temporary psychological and physiological deprivation and give officers an advantage in high-risk tactical situations. Generally, NFDD (not including stinger grenades) are not a primary device used in riot situations, however there are narrow instances requiring authorization of the incident commander where they could be used.
c. Authorized Use:

Only those officers who are trained in the use of the devices are authorized to use them. Currently the only officers trained in the use of these devices are members of the ESU Tactical team. Use of NFDD is controlled by SCPD policy and best practice. Situations where an NFDD may be used include but are not

25.24 December 2023 Military Equipment List - 10
limited to: hostage or barricaded subject situations, high-risk warrant service (arrest/search) where risk to officers is extremely high; during any other high risk situation where use of an NFDD may increase officer safety or training. d. Legal and Procedural Rules:

All applicable department policies, including but not limited to Use of Force-300, ESU tactical Team-404, Control Devices and Techniques-302. It is the policy of the SCPD to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department. f. Expected Lifespan:

I. 8902NR 12 gram low roll NFDD- 5 years.

II. 7007 4 gram NFDD training reloads- 5 years.
g. Fiscal Impact:

I. 8902NR 12 gram low roll NFDD-$0-$2000 per year.

II. 7007 4 gram NFDD training reloads $0-$832 per year.

11. Chemical Agents “Teargas” (Category 12)
a. Description, quantity, capabilities and purchase cost:

The SCPD uses chemical agents, commonly referred to as “teargas” as less lethal tools to disperse rioting subjects or on barricaded subjects. The two agents the SCPD uses are CS (2-chlorobenzylidene malononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and a lachrymator. It irritates the eyes and causes tearing while also irritating the respiratory system causing coughing.

These reactions are temporary and quickly subside especially if the subjects remove themselves from the area where the chemical agent has been deployed.

The U.S Army has tested CS extensively. There are no known allergic reactions to CS. OC is an, inflammatory agent. It causes a burning sensation, involuntary closure of the eyes and tightness in the chest. These symptoms generally subside within an hour or less of exposure. OC is legal for civilians to possess in certain quantities.

I. 1082 Riot Control CS Canister. Purchase cost: $352. Quantity: 12.

Pyrotechnic device used in outdoor situations to disperse rioting crowds, should not be used indoors due to risk of fire. Releases 75.6 grams of CS in 20-40 seconds.

II. 1032 Tri-Chamber Flameless CS Canister. Purchase cost: $647.

Quantity: 14. Pyrotechnic device designed to be used indoors and presents a minimal risk of fire. Hand delivered only. Releases 20 grams of agent in 20-30 seconds.

III. 5230B Baffled Launchable CS canister. Purchase cost: $416. Quantity:

10. Pyrotechnic device, designed to be launched from the launching shotgun. For use indoors and presents minimal risk of fire. Releases 25

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grams of agent in 20-40 seconds.

IV. 1026 Triple Chaser separating canister. Purchase cost: $1,047. Quantity:

20. Pyrotechnic device, designed to be used outdoors in riot control situations. It is a canister, that when deployed separates into three smaller canisters. It allows officers to deploy chemical agents over a larger area with less munitions. Releases 92 grams of agent between three separate smaller canisters over 20-30 seconds.

V. 56854 Aerosol OC Fogger. Purchase cost: $89. Quantity: 4. Nonpyrotechnic canister. This canister sprays OC with the aid of compressed air. It is designed to be used indoors or in vehicles. It has no risk of fire. It will release a 1.3% OC spray over 15-25 seconds.

VI. 2262 40mm CS Liquid Ferret projectile. Purchase cost: $1,238. Quantity:

44. Non-pyrotechnic launched projectile. This munition is fired from a 40mm less lethal launcher. It is a hardened projectile intended to be used to defeat barriers such as glass and thin wooden barriers. When it penetrates or impacts a hard surface, it disperses liquid CS agent into the area. These are not for use against people.

VII. 2260 40mm OC Liquid Ferret projectile. Purchase cost: $289. Quantity:

10. Non-pyrotechnic launched projectile. This munition is fired from a 40mm less lethal launcher. It is a hardened projectile intended to be used to defeat barriers such as glass and thin wooden barriers. When it penetrates or impacts a hard surface, it disperses liquid OC agent into the area. These are not for use against people.
b. Purpose:

To limit escalating situations where lethal force is prohibited or undesirable.

Situations where these munitions would be deployed include, but are not limited to: self-destructive, dangerous or combative individuals; riot or crowd control situations or other violent civil unrest; situations where use of the munitions would provide a tactical advantage; training or authorized demonstration. A “tactical advantage” could include but is not limited to: deployment into a structure or vehicle where an armed violent/self-destructive subject is barricaded; or a riot situation where, deployment can either create an environment that causes violent persons to disperse or leave the area or limit the advance of a violent group or deny a violent group access to specific areas or law enforcement.
c. Authorized Use:

Only officers trained in the use of these munitions may use them. This includes officers assigned to the ESU Tactical team and officers assigned as “grenadiers” during a crowd control or violent civil unrest situation. d. Legal and Procedural Rules:

To be used in accordance with Penal Code section 13652 (AB 48). All applicable policies, including but not limited to Use of Force-300, ESU Tactical team-404 and Control Devices and techniques-302. It is the policy of the SCPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

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Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train the other members of the department. f. Expected Lifespan:

I. 1082 Riot Control CS Canister-5 years.

II. 1032 Tri-Chamber Flameless CS Canister-5 years.

III. 5230B Baffled Launchable CS canister-5 years.

IV. 1026 Triple Chaser separating canister-5 years.

V. 56854 Aerosol OC Fogger-5 years.

VI. 2262 40mm CS Liquid Ferret projectile-5 years.

VII. 2260 40mm OC Liquid Ferret projectile-5 years.
g. Fiscal Impact:

All chemical munitions $0-$5,000 per fiscal year based on fiscal budgeting.

12. Pepper Ball Guns and Pepper Balls (Category 12)
a. Description, quantity, capabilities and purchase cost.

I. Pepper ball guns. Purchase cost. $1,399. Quantity: 4. Pepper ball guns are a compressed air powered launcher, almost identical in manufacture to a common paintball gun. It fires .68 caliber plastic balls that contain an irritant powder. The pepper ball gun can fire pepper balls up to 60 feet and can launch pepper balls farther to saturate an area.

II. Pepper Balls. Purchase cost: $967 (per container). Quantity: 4 (containers of 375 pepper balls). Pepper Balls are .68 caliber projectiles.

They are a plastic shell that contains an irritant powder that consists of PAVA, a pepper derivative. This powder causes a burning sensation and involuntary eye closure when coupled with the impact of the projectile. It is used for pain compliance and disorientation.
b. Purpose:

To limit escalating situations where lethal force is prohibited or undesirable.

Situations where these munitions would be deployed, include: Self destructive, dangerous or combative individuals; riot or crowd control situations or other violent civil unrest; situations where use of the munitions would provide a tactical advantage; training or authorized demonstration. A “tactical advantage” could include but is not limited to: deployment into a structure or vehicle where an armed violent/self-destructive subject is barricaded, or a riot situation where, deployment can either create an environment that causes violent persons to disperse or leave the area or limit the advance of a violent group or deny a violent group access to specific areas or law enforcement. c. Authorized Use:

Only officers who are certified to use the pepper ball system. d. Legal and Procedural Rules:

To be used in accordance with Penal Code section 13652 (AB 48). All applicable policies including but not limited to Use of Force-300, Control Devices and Techniques-302. It is the policy of the SCPD to utilize pepper ball guns and pepper balls only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

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e. Required Training:

Officers must attend a manufacturer specific training course to be certified to use the pepper ball systems.
f. Expected Lifespan:

I. Pepper ball guns, no expiration. They will need parts and service as they wear out or break.

II. Pepper Balls, 2 years.
g. Fiscal Impact
Pepper ball guns, $0-$500 per year.

Pepper Balls $0-$500 per year.

13. Long Range Acoustic Device (LRAD) (Category 13)
a. Description, quantity, capabilities and purchase cost:

GENASYS Inc. LRAD-100X. Purchase cost: $8,179.77. Quantity: 1. This device is a self-contained, lightweight, battery operated hailer that communicates with great intelligibility up to 600 meters. It emits acoustic sound pressure levels up to 140db. It provides clear unmistakable, intelligible communications and stunning alert tones and can play pre-recorded audio messages, mp3 audio files and live broadcasting via a handheld microphone. It can broadcast tones at a volume that causes discomfort to those who hear the tones. The device provides directional sound capabilities allowing the user to direct the uncomfortable tones at a specific person or group of persons.
b. Purpose:

To serve as a notification/communication system during critical incidents, where the user is conveying a message to a person or persons. To be used during violent or riotous situations as a means to advise participants that they are involved in legally prohibited activities. To be used to broadcast alert tones in a directed manner at persons involved in riotous or destructive behavior as a means of dispersing the crowd and stopping the behavior. This device provides the SCPD with the ability to address violent persons or groups of persons during a riot or other violent crowd control situation without the use of kinetic less lethal weapons such 40mm launchers or chemical agents, allowing SCPD to attempt de-escalation via less forceful means.
c. Authorized Use:

Only officers who are trained in its use, with the authorization of an incident commander, may use this device.
d. Legal and Procedural Rules:

All applicable policies including but not limited to Use of Force-300, Control Devices and Techniques-302. It is the policy of the SCPD to utilize the LRAD only for official law enforcement purposes, and pursuant to State and Federal law.
e. Required Training:

Officers must attend a department specified training to use this device. f. Expected Lifespan:
20-25 years. Repairs completed as needed.
g. Fiscal Impact:

No known fiscal impact, the device is new.

25.28 December 2023 Military Equipment List - 14

14. 40mm Projectile Launchers (Category 14)
a. Description, quantity, capabilities and purchase cost:

The 40mm projectile launcher is a Less Lethal platform. It is not a firearm and is not capable of firing any military grade explosive projectile. It is designed to fire a projectile designed to be used against persons in situations where lethal force is prohibited. It allows officers to use Less Lethal Direct Impact spins stabilized munitions at distances up to 120 feet. The munitions cause pain compliance via blunt force impact. They can incapacitate violent subjects armed with weapons that are not firearms, allowing officers to safely take a subject into custody. The standoff capabilities allow officers to apply force via the impact rounds and assess if further application of force is required. This mitigates the need for officers to approach a violent/armed subject, reducing the chances of a lethal force scenario.

I. Defense Technologies DT1325 40mm-single barrel launchers. Purchase cost: $11,620. Quantity: 14. (No longer manufactured)
II. Lewis Machine and Tool (LMT) 1425 40mm single barrel launchers.

Purchase cost: $12,450. Quantity: 15.

III. Lewis Machine and Tool (LMT) 1440 40mm 4 shot multi launchers.

Purchase cost: $3,798. Quantity: 2.

IV. Penn Arms PGL65-40 40mm 6 shot multi launcher. Purchase cost:

Approximately $3,000. Quantity: 1.
b. Purpose:

To be used as a less lethal tool, to apply pain compliance to self-destructive, armed or combative/resistive persons, to prevent the person from causing harm to themselves or others. Also used during violent riots or large crowd control disturbances. They can be used to mark persons engaged in the above activity making the person(s) identifiable for arrest.
c. Authorized Use:

Only officers who have completed a department training course may deploy these less lethal tools. Every patrol vehicle has a single launcher in it for use by patrol officers. Only officers specifically trained in the use and application during a crowd control or riotous situation may use them in those instances. d. Legal and Procedural Rules:

To be used in accordance with Penal Code section 13652 (AB 48). All applicable policies, including but not limited to, Use of Force-300, Control Devices and Techniques-302 and Emergency services Tactical Team-404. It is the policy of the SCPD to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department. f. Expected Lifespan:

25.29 December 2023 Military Equipment List - 15
I. Defense Technologies DT1325 40mm-single barrel launchers: No expiration. No longer manufactured. Will be serviced or repaired as long as viable.

II. Lewis Machine and Tool (LMT) 1425 40mm single barrel launchers: No expiration. Will need parts and service when they wear out or break.

III. Lewis Machine and Tool (LMT) 1440 40mm 4 shot multi launchers: No expiration. Will need parts and service when they wear out or break.

IV. Penn Arms PGL65-40 40mm 6 shot multi launcher: No expiration. Will need parts and service when it wears out or breaks.
g. Fiscal Impact:

For all of the listed launchers: $0-500 per year.

15. 40mm ammunition: (Category 14)
a. Description, quantity, capabilities and purchase cost:
40mm ammunition meant to be used in 40mm Projectile Launchers described above. All of the 40mm rounds in this section are approved for use against people if the force is justified. SCPD has three impact munitions, the Exact Impact is a less lethal projectile made of a foam rubber often called a “sponge round” with a consistency similar to a sponge. It is fired using smokeless powder and is designed to incapacitate people through pain compliance and impact. It is blue in color and can be fired from ranges between 5’ and 120’. The Direct Impact round is an impact munition that carries a powder payload within the projectile. The payload can be a chemical agent powder or it can contain an inert marking powder. These munitions provide the same less lethal pain compliance/de-escalation/violence mitigation functions as the Exact Impact munitions, with the added benefit of an irritant powder, or the ability to make a riotous subject identifiable for arrest. The SCPD also uses reusable training ammunition that allow true to real training at lower cost.

I. eXact Impact 40mm: Purchase cost: $4,011. Quantity: 140.

II. Direct Impact 40mm OC. Purchase cost: $732. Quantity: 24.

III. Direct Impact 40mm Marking. Purchase cost: $970. Quantity: 32.

IV. Training Sponge ammunition 24 round kit. Purchase cost: $2,537.

Quantity: 7.
b. Purpose:

To be used as a less lethal tool in situations where lethal force is prohibited. To assist officers in intervening in violent or potentially violent situations by use of pain compliance. To allow officers the ability to apply less lethal force from distance or behind cover, which provides time to assess the effect of the force used and re-apply or discontinue force as the situation allows. c. Authorized Use:

Only officers who are trained in the use of these projectiles are authorized to use them. Situations where use may be authorized include but are not limited to:
armed self-destructive individuals, violent resistive individuals, violent riotous individuals, situations where use would increase safety and mitigate the need for higher uses of force, authorized training or demonstrations. d. Legal and Procedural Rules:

To be used in accordance with Penal Code section 13652 (AB 48). All applicable

25.30 December 2023 Military Equipment List - 16
policies including but not limited to Use of Force-300, Control Devices and Techniques-302. It is the policy of the SCPD to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department. f. Expected Lifespan:

I. eXact Impact 40mm-5 years.

II. Direct Impact 40mm OC-5 years.

III. Direct Impact 40mm Marking-5 years.

IV. Training Sponge ammunition 24 round kit-5 years.
g. Fiscal Impact:
$0- 5,000 per year. Given the 5 year life span of these munitions, the SCPD may not need to purchase more every fiscal year.

16. Other Specified Items/Equipment (Category 15)
a. Description, quantity, capabilities and purchase cost:

The department currently issues AR-15/M4 style Carbine rifles to its officers as a means of addressing potential lethal force situations. The department issues two brands, Colt and Lewis Machine and Tool (LMT). The Carbine rifle is a lightweight, gas operated, air-cooled, shoulder fired, semi-automatic, magazine fed weapon. It is capable at providing accurate fire at various distances. The Hornady 5.56x45mm NATO, 75 grain BTHP (Boat Tail Hollow Point) TAP (Tactical Application Police) is the current standard issue rifle ammunition for all carbines in the department. This ammunition type is a medium caliber rifle round.

It is capable of defeating soft body armor a subject may be wearing, as well as other intermediate barriers. The duty round is specifically designed to limit over penetration thus mitigating danger to innocent persons or other officers. SCPD uses ammunition of the same caliber ammunition for training purposes.

Generally, the training ammunition is 55 grain full metal jacket ammunition. This type of ammunition is solely for training purposes. The cost of the training ammunition is less than that of the duty ammunition.

I. Colt Carbines. Purchase cost: $33,250. Quantity: 35.

II. LMT Carbines. Purchase cost: $49,000. Quantity: 35.

III. Hornady 5.56x45mm NATO, 75 grain BTHP TAP. Purchase cost:
$4,560. Quantity: 5,700. SCPD does not have to order duty ammunition every fiscal year.

IV. .223/5.56 55 grain full metal jacket is the standard training round the department uses. The manufacturer of the ammunition varies based on what is available at the time the department needs to make an

25.31 December 2023 Military Equipment List - 17
order. Quantity: 35,500. Cost: $12,070.
b. Purpose:

The Carbine rifle provides officers the ability to employ a more precise weapon in potential lethal force encounters. It provides officers the ability address armed violent subjects at a greater distance than with a handgun. It provides officers with the ability to defeat soft body armor and intermediate barriers when addressing armed violent subjects.
c. Authorized Use:

Only officers who have completed a POST required 16 hour training course are authorized to use the carbine rifle and associated ammunition. d. Legal and Procedural Rules:

All applicable department policies, including but not limited to, Use of Force-300, Firearms-306. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

All officers are required to attend a POST required 16 hour Patrol Rifle course before they are permitted to use these weapons. Currently this course is mandatory for all officers after graduating the Academy, before beginning the Field Training Program
f. Expected Lifespan:

Carbine Rifles, approximately 20 years. Service is performed as needed and parts are replaced as they become worn or break.

Hornady TAP 75 grain 5.56x45mm NATO, no expiration.
.223/5.56x45 training ammunition, no expiration.
g. Fiscal Impact:

Carbine Rifles: $0-$12,000 per fiscal year.

Ammunition: $0-$40,000 per fiscal year.

25.32 EXHIBIT B

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OVERVIEW
California State Assembly Bill (AB) 481, effective January 1, 2022, establishes requirements for the funding, acquisition, and use of items deemed “military equipment” (Gov’t Code § 7070(c)) in law enforcement and state agencies. The bill’s intent installs enforceable safeguards, including transparency, accountability, and oversight to protect the public’s welfare, safety, civil rights, and civil liberties. AB 481 requires law enforcement agencies to obtain approval from their governing body via ordinance adopting a military equipment use policy prior to purchasing, raising funds for, or acquiring military equipment. Gov’t Code § 7071(a)(1).

On May 10, 2022, the City of Santa Cruz City Council adopted Santa Cruz Municipal Code Chapter 9.90, approving the military equipment use policy set forth in Santa Cruz Police Department Policy 705. Pursuant to AB 481, the Santa Cruz Police Department (“Department”) will publish an annual report for each type of military equipment approved by the Santa Cruz City Council within one year of approval and annually thereafter for as long as the military equipment is available for use. Gov’t Code § 7072(a). The annual military equipment report must include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Within 30 days of submitting and publicly releasing the annual military equipment report, the Department will hold a well-publicized and conveniently located community engagement meeting. Gov’t Code § 7072(b). The community engagement meeting will allow the public to discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

This Annual Report provides available data for each type of military equipment approved by the Santa Cruz City Council for the 2023 calendar year (January 1, 2023 – December 31, 2023).

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CATEGORY 1 - Robot
Inventory
Recon Robotics “Throw bot”; Quantity: 1
Recon Robotics “Throw bot II”; Quantity 1
Robotex AVITAR II; Quantity: 0 (the Department has access to two AVITAR II robots maintained by the Santa Cruz Sheriff’s Office) Use Reporting
Use
Number Date Incident Type Agency Assist? Use Summary ComplaintSummary Audit 1 2/1/2023 Training N/A Throw bot used during Emergency Services Unit training

N/A N/A
2 5/24/2023 Training N/A Throw bot used during Emergency Services Unit training.

N/A N/A
Intended Acquisition in 2024
The Santa Cruz City Council approved the Department’s request to acquire a new Throw bot on April 11, 2023 (“Throw bot II”).

Total Annual Cost
Acquisition of Throw bot II ($16,270.00). The Department was reimbursed the total cost of the Throw Bot II through a State Homeland Security Grant.

In November 2023, the Throw bot II experienced a malfunction requiring factory repair. The work was done under warranty at no cost to the Department.

Training personnel costs (approximately $4,640.58).

No annual cost to the Department for the Robotex AVITAR II.

Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.

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CATEGORY 1 - Unmanned Aerial Vehicle
Inventory
Unmanned Aerial Vehicles (UAVs); Quantity: 0 (the Department does not currently possess any UAVs but has access to UAVs maintained by the Santa Cruz County Sheriff’s Office)
Use Reporting
Use
Number Date Incident Type Agency Assist? Use Summary ComplaintSummary Audit 1 2/3/2023
Officer
Involved
Shooting
No
SCSO UAV Was used to assist in clearing the
suspect vehicle N/A N/A
2 2/10/2023 Search for a
suspect No
SCSO UAV was used to assist in the search for
a suspect who fled from a vehicle after a
pursuit. A firearm was located; the suspect was
not.

N/A N/A
3 10/23/2023 Search for a
Suspect No
SCSO UAV was used to search for a subject
wanted for a felony crime. The subject was not
located.

N/A N/A
Intended Acquisition in 2024
The Santa Cruz City Council approved the Department’s request to acquire five (5) UAVs on February 13, 2024. First year costs ($114,844) will be appropriated from the Police Department Asset Seizure 214 Fund. The Department will take delivery of the equipment in 2024.

Total Annual Cost
No annual cost to the Department.

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CATEGORY 2&3 - Armored Personnel Carrier
Inventory
Lenco Armored Rescue Vehicle (ARV); Quantity: 1
Use Reporting
Use
Number Date Incident Type Agency Assist? Use Summary Complaint Summary Audit 1 2/4/2023 SCPD OIS N/A
Arrived at the scene of an officer-involved shooting. Used the ARV to provide cover from the suspect vehicle for the officers on scene.

Drove up to the suspect vehicle to visually clear the vehicle. The vehicle was required to remain at the scene as part of the crime scene.

N/A N/A
2 4/27/2023 Assist SCSO Yes
Responded to a SCSO official request for a shooting, and the suspect was still at large. The victim had been shot multiple times.

SCPD arrived on scene as the SCSO was taking the suspect into custody after peacefully surrendering. SCPD remained on scene until the SCSO cleared the property to ensure there were no outstanding suspects or victims.

N/A N/A
3 6/6/2023 Training N/A ARV was taken to an Off-Road Emergency Vehicle Operations Course N/A N/A
4 7/13/2023 Presentation Yes ARV was requested to be used in an educational presentation for the Watsonville Police Department Teen Academy N/A N/A

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5 4/28/2023 Refueling N/A Refueling the ARV. N/A N/A
6 8/8/2023 Assist WPD Yes
The ARV provided ballistic armor protection for the Watsonville Police Tactical Team and Crisis Negotiators. The vehicle was parked approximately 15 yards from a vehicle occupied by a person wanted for murder. The suspect was reported to be armed with an AR-style rifle. The suspect initially reported being armed with a rifle and a “bomb.”

N/A N/A
7 8/13/2023 Refueling N/A Refueling the ARV N/A N/A
8 8/24/2023 Assist WPD Yes
The ARV was used during the execution of a search and arrest warrant. The subject listed on the warrant was involved in multiple shootings and was believed to be in possession of a firearm(s). The ARV was used to transport Watsonville Police Tactical operators and Hostage Negotiators and provide safe operating space while on scene.

N/A N/A
9 11/7/2023 Assist WPD Yes
The ARV was used during the execution of a search and arrest warrant. The subject listed on the warrant was suspected of being involved in a recent shooting and was believed to be in possession of a firearm(s). The subject had a previous arrest and warrant service, during which over 30 firearms and explosive components were recovered. The ARV was used to transport Watsonville Police Tactical operators and provide safe operating space while on scene.

N/A N/A

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10 11/21/2023 Maintenance N/A ARV was driven to ensure proper operation of the engine N/A N/A 11 12/7/2023 Assist WPD Yes
The ARV was used during the execution of a search warrant. The subject listed on the warrant was believed to be in possession of a firearm(s). The subject had recently driven his vehicle in a public place with an assault rifle resting on his lap. The ARV was used to transport members of S.C.C.A.C.T. and S.C.A.R.E. to the subject’s residence and provide safe operating space while on scene.

N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional armored personnel carriers in 2024.

Total Annual Cost
Refuel costs ($399.66).

Off-road Emergency Vehicle Training Course cost ($1,560.00). Training personnel costs (approximately $2,083.05).

Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.

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CATEGORY 5 - Transport Vehicles
Inventory1
2008 Ford F350 Transport Vehicle; Quantity: 1
Use Reporting
Use
Number
Date Incident
Type
Agency
Assist?
Use Summary Complaint
Summary
Audit

N/A N/A N/A N/A
This vehicle is used as a transport vehicle for all manner of Department activities. It transports personnel and
equipment for training and law enforcement operations.

N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional transport vehicles in 2024.

Total Annual Cost
Parts and labor costs ($1,301.05); Fuel costs ($733.23).

Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget. 1 Use of this vehicle is not tracked or categorized every time it is used.

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CATEGORY 5 - Command & Control Vehicles
Inventory
2018 Chevy Tahoe Patrol Vehicle; Quantity: 1 2018 Dodge Charger; Quantity 1 2022 Ford Explorer; Quantity 2 2019 Chevy Tahoe Patrol Vehicle; Quantity: 2 2021 Ford Explorer; Quantity 1 Use Reporting
Use
Number
Date Incident
Type
Agency
Assist?
Use Summary Complaint
Summary
Audit

N/A N/A N/A N/A
These vehicles are patrol vehicles assigned to the Sergeants and Lieutenants. In addition to their use during calls for service. They would operate as a command-and-control
vehicle if the situation required it.

N/A N/A
Intended Acquisition in 2024
Any acquisition of new command and control vehicles would be in compliance with already established city protocol.

Total Annual Cost
2018 Chevy Tahoe: Parts and labor costs ($11,921.71); Fuel costs ($1,834.05). 2019 Chevy Tahoe: Parts and labor costs ($1,785.23); Fuel costs ($4,123.62). 2019 Chevy Tahoe: Parts and labor costs ($2,107.70); Fuel costs ($5,394.61). 2021 Ford Explorer: Parts and labor costs ($764.47); Fuel costs ($405.22). 2022 Ford Explorer: Parts and labor costs ($853.80); Fuel costs ($2,223.53). 2022 Ford Explorer: Parts and labor costs ($1,140.55); Fuel costs ($1,068.73). 2018 Dodge Charger: Parts and labor costs ($2,564.39); Fuel costs ($681.63) Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.

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CATEGORY 8 - Firearms Greater than .50 Caliber
Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit

N/A N/A N/A N/A
The Breaching Shotguns have not been used in training
or law enforcement activity during the
reporting period. N/A N/A

N/A N/A N/A N/A
The Chemical Agent Launching Shotgun has not been
used in training or law enforcement activity during the reporting period.

N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional firearms greater than .50 caliber in 2024.

Total Annual Cost
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.

Inventory
Mossberg 590 12 Gauge Pump Action Shotguns; Quantity: 2 Remington 870 12 Gauge Pump Action Chemical Agent Launching Shotgun; Quantity 1 Santa Cruz Police Department
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CATEGORY 9 - Ammunition of .50 Caliber or Greater
Inventory2

12. Gauge launching Cartridges Defense Technologies Part Number 1210; Quantity: 55 Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit
N/A N/A N/A N/A No breaching ammunition was used in training or law enforcement activity during the reporting period. N/A N/A N/A N/A N/A N/A No launching cartridges were used in training or law enforcement activity during the reporting period.

N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire ammunition of .50 caliber or greater.

Total Annual Cost
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget. 2 The inventory of consumable equipment such as ammunition, diversionary devices, chemical agents, etc. may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. Quantities provided represent quantity possessed by Department as of the time of issuing this Annual Report.

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CATEGORY 10 - Specialized Firearms & Ammunition of less than .50 Caliber Inventory3
Defiance Bolt Action Precision Rifle; Quantity: 3
Accuracy International AT Series Bolt Action Rifle; Quantity: 1 Hornady .308 155 Grain ELD Match TAP Ammunition; Quantity: 400 Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit
N/A 2023 N/A N/A No Precision Rifles were used in lethal force situations during the reporting period. N/A N/A
N/A 2023 Training No Precision rifles and ammunition were used in monthly department-mandated training. N/A N/A
1 2/2023 Training No POST Certified Precision Rifle Unit Overview Course N/A N/A 2 3/2023 Training No POST Certified Basic Precision Rifle and Marksmanship Course N/A N/A
3 9/2023 Training No POST Certified Urban Precision Rifle Course N/A N/A Intended Acquisition in 2024
The Department does not intend to acquire additional specialized firearms in 2024. 3 The inventory of consumable equipment such as ammunition, diversionary devices, chemical agents, etc. may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. Quantities provided represent quantity possessed by Department as of the time of issuing this Annual Report.

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Consumable equipment acquisitions for 2024 will restore quantities previously approved by the City Council.

Total Annual Cost
Hornady .308 155 Grain ELD Match TAP Ammunition purchased 8/30/23; Quantity 2,000: ($2,500).

Basic Precision Rifle and Marksmanship training course cost ($1,724). Training personnel costs (approximately $4,166.10).

Urban Precision Rifle training course cost ($1,098). Training personnel costs (approximately $3,124.58).

Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.

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1026 Triple Chaser Separating Canister; Quantity: 19
56854 Aerosol OC Fogger; Quantity 7
2260 40mm OC Liquid Ferret Projectile; Quantity: 9
2262 40mm CS Liquid Ferret Projectile; Quantity: 64
Pepper Ball Guns; Quantity 4
Pepperballs; Quantity: 4 (containers of 375 pepper balls) (expired) CATEGORY 12 - Flashbang, Teargas & Pepper Balls
Inventory4
8902NR 12 Gram Low Roll NFDD; Quantity: 26
7007 4 Gram NFDD Training Reloads; Quantity: 8
1090 Stinger Grenades; Quantity: 10
1082 Riot Control CS Canister; Quantity: 13
1032 Tri-Chamber Flameless CS Canister; Quantity: 14
5230B Baffled Launchable CS canister; Quantity: 10
Use Reporting
Use
Number Date Incident Type Agency Assist? Use Summary ComplaintSummary Audit N/A 2023 N/A N/A No NFDD were used in law enforcement operations during the reporting period.

N/A N/A
1 4/26/23 Training N/A Emergency Services Unit training. NFDD and chemical agents were used during the training day.

N/A N/A
4 The inventory of consumable equipment such as ammunition, diversionary devices, chemical agents, etc. may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. Quantities provided represent quantity possessed by Department as of the time of issuing this Annual Report.

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2 06/2023 Training N/A A Pepperball gun was used during an Instructor Certification course N/A N/A
3 8/24/23 Training N/A NFDDs were used during a POST Instructor certification course. N/A N/A
Intended Acquisition in 2024
Consumable equipment acquisitions for 2024 will restore quantities previously approved by the City Council.

Total Annual Cost
NFDD POST Instructor course cost ($884.00). Training personnel cost (approximately $1,141.30).

Pepper Ball Instructor course cost ($549.00). Training personnel cost (approximately $1,041.53).

Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.

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CATEGORY 13 - Long Range Acoustic Devise (LRAD)
Inventory
GENASYS Inc. LRAD-100X; Quantity: 1
Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit
N/A N/A N/A N/A The LRAD was not used in training or
law enforcement activities during the reporting period.

N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional Long Range Acoustic Devices in 2024 Total Annual Cost
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.

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CATEGORY 14 - 40mm Projectile Launchers
Inventory
Defense Technologies DT1325 40mm-Single Barrel Launchers; Quantity: 14 Lewis Machine and Tool 1425 40mm-Single Barrel Launchers; Quantity: 15 Lewis Machine and Tool 1440 40mm-4-shot Multi-Launchers; Quantity: 2 Penn Arms PGL65-40 40mm- 6 shot Multi-Launcher; Quantity: 1 Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit
1 1/29/23
Felon w/a
firearm N/A
A 40mm launcher was displayed but not used during the
arrest of a subject suspected of burglary and firearm
possession.

N/A N/A
2 2/17/23
Domestic
Violence
N/A A 40mm launcher was displayed but not used during the arrest of a subject wanted for felony domestic violence.

N/A N/A
3 4/18/23
Firearm
possession
on school
grounds
N/A
A 40mm launcher was displayed but not used during the
arrest of a subject who was found in possession of a firearm on school grounds.

N/A N/A
4 5/6/23 Burglary N/A A 40mm launcher was displayed but not used during the arrest of a subject who was arrested for burglary. N/A N/A 5 5/10/23
Mental
Health
Detention
N/A A 40mm launcher was displayed but was not used during the detention of a subject pursuant to 5150 W&I.

N/A N/A
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6 5/21/23
Subject in
possession
of a firearm
N/A
A 40mm launcher was displayed but not used during the
detention of a subject who was reported to be in possession of a firearm.

N/A N/A
7 5/24/23
Assault with
a deadly
weapon
N/A
A 40mm launcher was displayed but not used during the
arrest of a subject reported to be pointing a firearm at other subjects.

N/A N/A
8 5/25/23
Subject in
possession of
a firearm
N/A
A 40mm launcher was displayed but not used during the
detention of a subject who was seen manipulating a firearm in front of the police department. Firearms determined to be BB guns.

N/A N/A
9 5/29/23
A Firearm
being fired
in public
N/A
A 40mm launcher was displayed but not used during the
detention of subjects who were shooting a firearm on the beach

N/A N/A
10 6/10/23 Brandishing
of a firearm
N/A
A 40mm launcher was displayed but not used during the
arrest of a subject who was reported to have pointed a
firearm at a passerby.

N/A N/A
11 7/12/23
Assisting
another
agency
N/A
A 40mm launcher was displayed but not used during the
detention of a subject wanted for robbery by the California State Parks Police.

N/A N/A
12 8/3/23 Brandishing
of a firearm
N/A
A 40mm launcher was displayed but not used during the
detention of a subject reported to be in possession of a firearm in public.

N/A N/A
13 8/22/23 Training N/A 40mm launchers were used during POST-certified Less Lethal Instructor training. N/A N/A
14 9/22/23 Stolen
vehicle
N/A A 40mm launcher was displayed but not used during the detention of subjects in a stolen vehicle. N/A N/A
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15 9/27/23 Brandishing
of a firearm
N/A
A 40mm launcher was displayed but not used during the
detention of a subject who was reported to have brandished a firearm.

N/A
Supervisor Use of
Force Investigation
completed, unrelated
to the display of the
40mm launcher.
16 10/3/23 Residential
Burglary
N/A A 40mm launcher was displayed but not used while clearing a residence that was burglarized. N/A N/A
17 10/3/23 Commercial
Burglary
N/A A 40mm launcher was displayed but not used while clearing a marijuana dispensary that was burglarized. N/A N/A
18 10/24/23
Assault with
a deadly
weapon
N/A
A 40mm launcher was displayed but not used during the
detention of a subject who had committed an assault with a knife.

N/A N/A
19 10/24/23 Vandalism N/A A 40mm launcher was displayed but not used during the arrest of a subject wanted for felony vandalism.

N/A
Supervisor Use of
Force investigation
was completed,
unrelated to the
display of the 40mm
launcher.
20 11/4/23 Brandishing
of a weapon
N/A
40mm launchers were used to fire eXact impact ammunition at a subject who was wanted for brandishing a knife at
multiple people.

N/A
Supervisors Use of
Force investigation
completed related to
the use of the 40mm
launchers. No policy
violation found.
21 12/12/23
Subjects in
possession
of firearms.

N/A
A 40mm launcher was displayed but was not used during the detention of several subjects. Subjects were in possession of airsoft guns that had been modified to appear real.

N/A N/A
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22 12/19/23 Disturbance N/A
40mm launcher was displayed but not used during the arrest of a subject who had fled from officers during the
investigation of a disturbance.

N/A
Supervisors Use of
Force investigation
completed, unrelated
to the display of the
40mm Launcher.
23 12/20/23
Failure to
yield/
resisting
arrest
N/A
A 40mm launcher was displayed but not used during the
contact and arrest of a subject who had fled from officers in a vehicle.

N/A
Supervisors Use of
Force investigation
completed, unrelated
to the display of the
40mm Launcher.
24 12/30/23 Disturbance N/A
A 40mm launcher was used during an incident where a
suspect refused to comply with officers. The subject was struck with one 40mm eXact impact projectile. An officer was injured during the arrest of the subject.

N/A
Supervisors Use of
Force investigation
completed related to
the use of the 40mm
launcher. No policy
violation found.
25 2023 Training N/A 40mm launchers were used for training throughout the year. N/A N/A Intended Acquisition in 2024
The Department does not intend to acquire additional 40mm launchers in 2024.

The Department intends to send officers to an instructor certification course for 40mm launchers and associated ammunition.

Total Annual Cost
40mm instructor training course cost ($786.00). Training personnel costs (approximately $1,066.80).

Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.

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CATEGORY 14 - 40mm Ammunition
Inventory5
eXact Impact 40mm; Quantity 106
Direct Impact 40mm OC; Quantity: 20
Direct Impact Marking; Quantity 34
Training Sponge Ammunition 24 Round Kit; Quantity: 5 complete, 2 partial.

Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary Complaint Summary Audit
N/A N/A N/A N/A 40mm ammunition used in training during the reporting period.

N/A N/A

N/A N/A N/A N/A
No Direct-Impact 40mm OC, Direct-Impact
Marking, or Training Sponge Ammunition were
used in law enforcement activities or training
during the reporting period.

N/A N/A

N/A N/A N/A N/A
See CATEGORY 14 - 40mm Projectile
Launchers Use Reporting Summary above for
summary of use of eXact Impact 40mm
ammunition.

N/A N/A
Intended Acquisition in 2024
Consumable equipment acquisitions for 2024 will restore quantities previously approved by the City Council.

Total Annual Cost
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget. 5 The inventory of consumable equipment such as ammunition, diversionary devices, chemical agents, etc. may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. Quantities provided represent quantity possessed by Department as of the time of issuing this Annual Report.

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CATEGORY 15 - Other Specified Items/Equipment
Inventory6
Colt LE6920 Carbines ; Quantity: 33
Colt Sporter Carbines ; Quantity: 2
LMT Defender 2000 Carbines; Quantity: 35
Hornady 5.56x45mm NATO, 75-grain BTHP TAP; Quantity: 3,490 .223/5.56x45 Training Ammunition7; Quantity: 28,500
Use Reporting8
Use
Number Date Incident Type
Agency
Assist? Use Summary Complaint Summary Audit

N/A N/A N/A N/A
No AR-15 patrol rifles were used in lethal force
situations during the reporting period. Available data
indicates a firearm was used or displayed in 32
incidents during the reporting period. 9 This does not
include an OIS that occurred on 2/4/2023, which only
involved handguns.

N/A N/A
N/A N/A N/A N/A Duty ammunition used in ongoing accuracy verification and maintenance of the rife during the reporting period. N/A N/A 1 1/4/2023 Training N/A
Monthly Emergency Services Unit Tactical Team
Training. Patrol Rifle Qualifications and training with the rifle. Live fire.

N/A N/A
6 The inventory of consumable equipment, such as ammunition, diversionary devices, chemical agents, etc., may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer-recommended replacement guidelines. The quantities provided represent the quantity possessed by the Department as of the time of issuing this Annual Report. 7 The department's standard training round is .223/5.56 55-grain full metal jacket. The manufacturer of the ammunition varies depending on what is available when the Department needs to make an order.
8 The Department tracks firearms usage; however, data for 2023 does not classify use by firearm type. The information provided represents the Department’s best estimate of AR-15 usage.
9 The Department did not track firearm usage by firearm type in 2023.

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2 2/1/2023 Training N/A
Monthly Emergency Services Unit Tactical Team
Training. Topic of training was Barricade and High-risk warrant service. Rifles were used in training. No live
fire.

N/A N/A
3 3/22/2023 Training N/A
Monthly Emergency Services Unit Tactical Team
Training. Training topic was Vehicle containment
operations. Rifles were used in training. Live fire.

N/A N/A
4 5/10/2023 Training N/A Department firearms training day. Rifles were used. N/A N/A 5 5/17/2023 Training N/A Department firearms training day. Rifles were used. N/A N/A 6 5/24/2023 Training N/A Monthly Emergency Services Unit training. Rifles were used during scenarios. No live fire. N/A N/A
7 6/5-16/2023 Training N/A Post-Certified Firearms Instructor Course. Included instructor certification for patrol rifle.

N/A N/A
8 6/27/2023 Training N/A Monthly Emergency Services Unit training. Training topic was Hostage Rescue. Rifles were used. No live fire. N/A N/A 9 07/10-
15/2023 Training N/A
Emergency Services Unit officers attended the countywide Active Shooter training. Rifles were used. No live fire.

N/A N/A
10 9/12/2023 Training N/A Monthly Emergency Services Unit Training. Rifle qualifications were completed. Live Fire.

N/A N/A
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11 9/20/2023 Training N/A Department firearms training. Rifles were used in a portion of the training. Live fire.

N/A N/A
12 9/27/2023 Training N/A Department firearms training. Rifles were used in a portion of the training. Live Fire N/A N/A
13 10/2-
10/13/2023 Training N/A Officers sent POST-certified SWAT school. Rifles were used during portions of this training. N/A N/A
14 10/25/2023 Training N/A
Monthly Emergency Service Unit training. Joint training with Emergency Services Unit Negotiations team. Rifles
were used in scenario training, no live fire.

N/A N/A
15 11/29/2023 Training N/A
Monthly Emergency Services Unit Tactical Team
Training. Training topic was Hostage Rescue
operations. Rifles were used in training. No live fire.

N/A N/A
16 12/20/2023 Training N/A Monthly Emergency Services Unit training. Rifles were used for live fire training. N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional AR-15 patrol rifles in 2024.

Consumable equipment acquisitions for 2024 will restore quantities previously approved by the City Council.

Total Annual Cost
Ammunition cost ($8,800).

Department-wide firearms training personnel cost (approximately $14,682.46).

Basic Swat School training course cost ($1,680.00). Training personnel costs (approximately $12,498.31).

Emergency Services Unit Tactical Team training personnel costs (approximately $22,296.12).

Active Shooter training personnel cost (approximately $3,467.10) Santa Cruz Police Department
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