Agenda packet — Santa Cruz City Council, May 28, 2024 (part 2 of 5)

EXHIBIT D
Insurance Requirements
Vendor 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 Contract and the results of that work by Vendor, its employees, subcontractors, and agents.

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, 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
Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Vendor 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 Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Vendor shall procure and maintain insurance coverage and surety bonds during the term of the Contract as follows:

1. Commercial General Liability Insurance. (CGL): $2,000,000 PER OCCURRENCE. 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.

2. Automobile Liability Insurance. $1,000,000. Proof of coverage for not less than $1,000,000 per accident for bodily injury and property damage provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9).

3. Workers’ Compensation and Employer’s Liability Insurance. Worker’s Compensation as required by the Labor Code of the State of California with statutory limits, and Employer’s Liability Insurance for all employees in workplaces involved in this Contract in the amount of, at least, $1,000,000 per accident for bodily injury or disease. The Certificate of Insurance shall include waiver of subrogation.

14.82 City of Santa Cruz Cooperative Purchase Agreement

Page 2 ends

4. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Endorsement. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL CPL, and automobile insurance (if transporting hazardous materials) policies with respect to liability arising out of work or operations performed by or on behalf of Vendor 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 Vendor’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).
b. Primary Coverage. For any claims related to this Contract, Vendor’s insurance coverage shall be primary insurance as respects the City, its officials, officers, and employees, individually and collectively. Any insurance, self-insurance, or other coverage maintained by the City, its officials, officers, or employees shall be in excess of Vendor’s insurance and shall not contribute to it. c. Notice of Cancellation. The policies specified above are to state that coverage shall not be canceled by either party, except after prior written notice to the City. d. Waiver of Subrogation. Vendor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance.

Contractor 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.

The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees. e. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retention must be declared to and approved by the CITY. CITY may require Vendor to 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. f. Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-VII or equivalent or as otherwise approved by CITY. g. Subcontractors. Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City is an additional insured on insurance required from subcontractors.
h. 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

14.83 City of Santa Cruz Cooperative Purchase Agreement

Page 3 ends

shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
i. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Developer must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
j. Verification of Coverage. Vendor 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 Policies 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 Vendor’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. k. Special Risks or 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, including but not limited to requiring the following: data breach risk, risk of loss in transporting money, financial breach risk, risk in transporting people or goods in vehicle, risk in storing vehicles, construction risks, and environmental hazards.

14.84 14.85
City Council

AGENDA REPORT
DATE: 05/09/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Public Works
SUBJECT: 2024 Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
RECOMMENDATION: Motion to:
1) Approve the plans and specifications for the 2024 Pavement Rehabilitation Project (c400809), authorize staff to advertise for bids and 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;
2) Adopt a resolution to approve the plans and specifications for the project pursuant to Government Code Section 830.6; and
3) Approve the 2024 Pavement Rehabilitation Project and find the project exempt under the California Environmental Quality Act.

BACKGROUND: Public Works implements an asset management program to maintain and rehabilitate city streets. Criteria including pavement condition and traffic volume are used to prioritize projects. The City of Santa Cruz (City) uses the pavement condition index (PCI) as a pavement condition measurement, which ranges from zero to 100. A newly constructed street will have a PCI of 100, while a failed street will have a PCI of 25 or less. The citywide average PCI is 65. The 2024 pavement rehabilitation includes Escalona Drive, Bay Drive, and Highland Avenue. The project extents are Escalona Drive between Grandview and Bay and between Walnut and Highland, Highland Avenue between Mission and Spring, and Bay Drive between Escalona and Nobel/Iowa. Escalona Dr’s PCI ranges from 13 to 42, and Highland Ave’s PCI ranges from 34 to 45.

DISCUSSION: The project will enhance safety for all roadway users, including pedestrians and bicyclists. The proposed improvements in the project area (Escalona Dr, Highland Ave, and Bay Dr) include the replacement of non-Americans with Disability Act (ADA) compliant curb ramps with compliant curb ramps, installation of an ADA-compliant sidewalk along the southside Escalona corridor, installation of a protected bike and pedestrian path along northbound Bay Drive, protected bike lane along southbound Bay Drive. Additionally, replacing deteriorating asphalt pavement and installing new striping will help reduce any potential conflict between

15.1 motorists, bicyclists, and pedestrians. The striping improvements include, but are not limited to, shared lane markings and bike lane buffers where possible.

Schedule: Construction of the concrete flatwork including curb ramps, sidewalks, and curbs will happen between summer and winter 2024. Paving and striping are anticipated to happen in the spring 2025.

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 15301(c)(d): Class 1 Existing Facilities. The notice of exemption will be filed with the California Office of Planning and Research and Santa Cruz County.

The Transportation and Public Works Commission (TPWC) received a presentation on this project at the Commission’s April 15, 2024 meeting. Members of the TPWC and the community provided input on the draft design. Where technically feasible, design adjustments were incorporated into the final design such as additional centerline and outside lane striping, the addition of a crosswalk at Escalona Dr and Hollywood Ave and green bike lane striping at the intersection of High St and Highland Ave. Several suggested revisions were determined to be outside the scope of the project or infeasible. For example, speed bumps were suggested in multiple locations, which is feasible but the request is initiated through the pilot traffic calming program that ranks, scores, and prioritizes limited funding for traffic calming and safety measures citywide. Public Works staff were asked to consider a street closure at Escalona Dr and Sunny Slopes Ct. The request was evaluated by staff and determined to be infeasible because of the potential traffic impacts to adjacent streets. The TPWC unanimously recommended that the project be advanced for City Council (Council) consideration and approval. Plans can be found online at: https://www.cityofsantacruz.com/publicworksprojects.

All traffic improvements were designed based on the California Manual on Uniform Traffic Control Devices (CAMUTCD), the National Association of City Transportation Officials (NACTO) Urban Street Design Guide, and Caltrans Standards.

Design Immunity:

Government Code section 830.6 provides design immunity for public entities and public employees.

Prior to the start of construction of the 2024 Pavement Rehabilitation Project, staff is recommending adoption of the attached resolution to ensure that design immunity pursuant to Government Code section 830.6 attaches to this project. Should Council take action to adopt this resolution, it would become effective immediately.

FISCAL IMPACT: The 2024 Pavement Rehabilitation Project (c400809) is fully funded in the FY 2025 Capital Investment Program (CIP). The project construction cost, including construction management costs, is estimated at $5,750,000. The project has received state funding allocations of $169,000 from Regional Surface Transportation Program Exchange, $2,772,000 from State Transportation Improvement Program, and $20,000 from Transportation Development Act. The balance of the project will come from $500,000 of Measure H and a combination of Gas Tax and Measure D funds.

15.2 Prepared By:

Miguel Lizarraga
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. 4-15-24 TPWC MINUTES.DOCX

15.3 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF THE 2024 PAVEMENT

REHABILITATION (ESCALONA DRIVE, HIGHLAND AVENUE, AND BAY DRIVE), PURSUANT TO GOVERNMENT CODE SECTION 830.6.

The City Council of the City of Santa Cruz does resolve as follows:

SECTION 1: The City Council finds and declares as follows:

A. City staff has designed and prepared the plans for the 2024 Pavement Rehabilitation Project (Escalona Dr, Highland Ave, and Bay Dr).

B. The City Engineer has approved the completed design and plans for the Project and that construction of the Project may begin;
C. The City Council wishes to obtain the immunities set forth in Government Code §830.6 with regard to the plans and construction of the Project.

SECTION 2: Design Immunity; Authorization.

A. The City Council approves the design and plans for the Project.

B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced.

C. The approval granted by this Resolution conforms with the City's General Plan.

D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution.

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

SECTION 3: The City Clerk is directed to certify the adoption of this Resolution.

SECTION 4: This Resolution will become effective immediately upon adoption.

15.4 RESOLUTION NO. NS-XX,XXX
2 PASSED AND ADOPTED this 28th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

15.5 Transportation and Public Works Commission
Regular Meeting
Minutes
6:00 p.m., Monday, April 15, 2024
Council Chambers
Call to Order 6:01 P.M.

Roll Call: Chair Ron Goodman, Vice Chair Ryan Meckel; Commissioners: Susan Gilchrist, Scott Harriman, Kyle Kelley, Lola Quiroga, Robert Orrizzi Absent with Notification: None
Absent without Notification: None
Statements of Disqualification: None
Oral Communications: None
Announcements:

At 6:01 P.M., Chair Goodman stated that he would act as Vice Chair for the meeting with Vice Chair Meckel acting as Chair.

Christina Alberti, Principal Management Analyst, gave an update on the Traffic Calming Pilot program. She also provided information on National Public Works Week and the Touch-a-Truck event.

Commissioner Orrizzi commended the Public Works staff on the March Open House event as well as the bike lane striping on the Ocean Street corridor.

Commissioner Quiroga thanked staff for the 50-Year West Cliff Vision and one-way pilot program presentations.

Presentations: None
Approval of Minutes

2. Approval of Minutes for the February 26, 2024 Meeting MOTION: Commissioner Orrizzi moved, seconded by Commissioner Quiroga, to approve the minutes of the February 26, 2024 Transportation and Public Works Commission meeting.

15.6 ACTION: The motion carried with the following vote:

AYES: Acting Chair Meckel, Acting Vice Chair Goodman, Commissioners:

Gilchrist, Harriman, Kelley, Orrizzi, and Quiroga.

NOES: None.

ABSENT: None
DISQUALIFIED: None
Consent
General Business

2. 2024 Pavement Rehabilitation Projects (c400809) – Authorization to Advertise and Award
Miguel Lizarraga, Associate Professional Engineer, gave a presentation detailing the plans for the 2024 Pavement Rehabilitation Projects, provided solutions to requests from the public and fielded questions from the commission.

At 6:40 P.M. Acting Chair Meckel opened public comment. The following people spoke:

Greg Larson
Val Cole
Kat Trueblood
Jesse Cunha
Ellen Yeoman
Anna DiBenedetto
At 6:52 P.M. Acting Chair Meckel closed public comment.

Motion: Acting Vice Chair Goodman moved, seconded by Commissioner Kelley, to recommend that the City Council approve plans for the 2024 Pavement Rehabilitation Projects, authorize staff to advertise for bids and award the contract, and authorize the Public Works Director to execute change orders within the approved project budget.

ACTION: The motion carried with the following vote:

AYES: Acting Chair Meckel, Active Vice Chair Goodman, Commissioners:

Gilchrist, Harriman, Kelley, Orrizzi, and Quiroga.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

15.7 3. Active Transportation Plan Update TPWC Representative on Technical Advisory Committee
Claire Gallogly, Transportation Planner II, outlined the plan for Active Transportation Plan Update Technical Advisory Committee meetings and fielded questions from the commissioners.

At 7:05 P.M. Acting Chair Meckel opened public comment. There were no speakers.

Motion: Acting Vice Chair Goodman moved, seconded by Commissioner Kelley, to nominate Acting Chair Meckel to participate on the Active Transportation Plan Update Technical Advisory Committee.

Friendly Amendment: Acting Vice Chair Goodman requested to amend the motion to nominate Commissioner Quiroga as the alternate.

ACTION: The motion carried with the following vote:

AYES: Acting Chair Meckel, Active Vice Chair Goodman, Commissioners:

Gilchrist, Harriman, Kelley, Orrizzi, and Quiroga.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

4. Measure D Expenditure Plan: FY 2025-2029 – Public Hearing Matt Starkey, Transportation Manager, gave a presentation detailing the proposed Measure D Five-Year Expenditure Plan for FY 2025-2029, showing where the funds would be allocated, and fielded questions from the commissioners.

At 7:39 P.M. Acting Chair Meckel opened public comment. There were no speakers.

Motion: Commissioner Orrizzi moved, seconded by Acting Chair Meckel, to recommend that the City Council approve the proposed Measure D Five-Year Expenditure Plan for FY 2025-2029.

ACTION: The motion carried with the following vote:

AYES: Acting Chair Meckel, Active Vice Chair Goodman, Commissioners:

Gilchrist, Harriman, Kelley, Orrizzi, and Quiroga.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

15.8 5. FY 2025-2029 Capital Investment Program – Administrative Draft Kevin Crossley, Public Works Assistant Director/City Engineer, gave a presentation on the FY 2025-2029 Public Works Capital Investment Program, detailed CIP funding status, and fielded questions from the commissioners.

Motion: Commissioner Kelley moved, seconded by Commissioner Gilchrist, to review the FY 2025-2029 Public Works Capital Investment Program and provide input to staff for City Council consideration.

ACTION: The motion carried with the following vote:

AYES: Acting Chair Meckel, Active Vice Chair Goodman, Commissioners:

Gilchrist, Harriman, Kelley, Orrizzi, and Quiroga.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Information Items: None
Subcommittee/Advisory Body Oral Reports: None
Items Initiated by Members for Future Agendas: None
Adjournment: 8:23 P.M.

15.9 3
Lindsay Nelson
From: Greg Larson <[email protected]>
Sent: Friday, May 24, 2024 10:50 AM
To: City Council
Cc: Nathan Nguyen; Matt Huffaker
Subject: 5/28 Council - Item 15 - Pavement Rehabilitation - Escalona from Highland to Bay Mayor, Vice Mayor, and City Council,
I am writing on behalf of many Escalona neighbors from Highland to Bay regarding Consent Calendar Item 15.

We have spoken previously to many of you about the long-standing pedestrian and bicycle safety issues on our blocks and have tried working with staƯ on these issues for several years. Most recently we submitted a number of requests repeatedly in writing and at the Transportation and Public Works Commission related to the Proposed Pavement Rehabilitation Project. Before voting unanimously to forward the repaving project to the City Council, the Commission and our neighbors were assured publicly by City staƯ that our neighborhood requests would be fully considered. However, the staƯ report that was just posted does not address many of the requests we made and we have been informed that the City staƯ who could answer our questions or provide additional information has been out all week and is not available until the day of the Council meeting.

We are requesting that the City Council pull Item 15 from the Consent calendar and direct the following as part of the approval of the Pavement Rehabilitation Project:

DIRECTLY AS PART OF THE REPAVING PROJECT:
1) Retain, don’t eliminate, the EXISTING bike lanes from Highland to Storey; 2) Add bike lanes from Storey to Peyton since the road width is the same as from Highland to Storey; 3) Add bicycle sharrows from Peyton to Walnut as is being done elsewhere as part of the repaving project; and 4) Add “bulb outs” on each side of the unprotected crosswalk at the top of Kirby as is being done elsewhere on Escalona.

DIRECTLY RELATED TO THE REPAVING PROJECT:
5) Add bicycle sharrows from Walnut to Bay;
6) Add signage as suggested by City staƯ regarding pedestrians in the roadway from Walnut to Bay; and 7) Add speed humps and other traƯic calming on all of Escalona.

Some neighbors are concerned that this may in some way impact the evaluation of our traƯic calming requests as part of the current competitive funding process. However, I have tried to explain that would be both unlikely and unethical based on my prior experience as a city manager for three cities (Los Gatos, Cupertino and Milpitas) and as a department director in three other cities (San Jose, Scottsdale and Santa Cruz).

As a reminder, Escalona is designated as a bike route in the City’s transportation plans. However, Escalona from Highland to Bay is the only street of all the ones immediately perpendicular to or parallel with Escalona that does not have at least two of the following bicycle and pedestrian safety features: speed humps, bike lanes, continuous sidewalks, sharrows, or standard roadway widths. In fact, Escalona from Highland to Storey does not have even one of these essential safety features despite the high volumes of pedestrians and cyclists in the roadway with sometimes speeding vehicles.

Thank you very much for your consideration.

Greg Larson and Eileen Beaudry

15.10 4
Val Cole
Drew and Edith Meyer
Scott Rogers
Jesse Cunha
and many more

15.11 1
Lindsay Nelson
From: Burn, John <[email protected]>
Sent: Friday, May 24, 2024 12:27 PM
To: City Council; Fred Keeley; Renee Golder; [email protected]; Martine Watkins; Shebreh Kalantari-Johnson; Sonja Brunner; Sandy Brown
Subject: Escalona Bicycle and Pedestrian Safety
Dear Mayor, Vice Mayor, and City Council Members,
I am wriƟng about Agenda Item 15 on Tuesday’s Council meeƟng.

I am concerned about the long-standing pedestrian and bicycle safety issues on Escalona and our neighborhood has tried working with staff on these issues for several years. Most recently, our neighborhood representaƟves submiƩed a number of requests repeatedly in wriƟng and at the TransportaƟon and Public Works Commission related to the Proposed Pavement RehabilitaƟon Project. Before voƟng unanimously to forward the repaving project to the City Council, the Commission and our neighbors were assured publicly by City staff that our neighborhood requests would be fully considered. However, the staff report that was just posted does not address many of the requests we made and we have been informed that the City staff who could answer our quesƟons or provide addiƟonal informaƟon has been out all week and is not available unƟl the day of the Council meeƟng.

We are requesƟng that the City Council pull Item 15 from the Consent calendar and direct the following as part of the approval of the Pavement RehabilitaƟon Project:

DIRECTLY RELATED TO THE REPAVING PROJECT:
5) Add bicycle sharrows from Walnut to Bay (for conƟnuing cyclist safety); 6) Add signage as suggested by City staff regarding pedestrians in the roadway from Walnut to Bay (given the lack of conƟnuous sidewalks on either side of the street); and
7) Add speed humps and other traffic calming on all of Escalona from Highland to Bay (as exist on most of the perpendicular or parallel streets).

Some neighbors are concerned that this may in some way impact the evaluaƟon of our traffic calming requests as part of the current compeƟƟve funding process. However, neighbor Greg Lars has explained that would be both unlikely and unethical based on his prior experience as a city manager for three ciƟes (Los Gatos, CuperƟno and Milpitas) and as a department director in three other ciƟes (San Jose, ScoƩsdale and Santa Cruz).

As a reminder, Escalona is designated as a bike route in the City’s transportaƟon plans. However, Escalona from Highland to Bay is the only street of all the ones immediately perpendicular to or parallel with Escalona that does not have at least two of the following bicycle and pedestrian safety features: speed humps, bike lanes, conƟnuous sidewalks, sharrows, or wider roadway widths. In fact, Escalona from Highland to Bay does not have even one of these essenƟal safety features despite the high volumes of pedestrians and cyclists in the roadway with someƟmes speeding vehicles.

Thank you very much for your consideraƟon

15.12 2
John H. Burn - 105 Sunnyslopes Court, Santa Cruz, CA 95060 (he/him/his)
Teacher, Director of Bands and Orchestra Homestead High School Music Department Lead, Homestead High School Pastpresident, CMEA - California Music Educators AssociaƟon Past-president, CBDA - California Band Directors AssociaƟon

15.13 1
Lindsay Nelson
From: Greg Larson <[email protected]>
Sent: Friday, May 24, 2024 2:07 PM
To: City Council
Subject: FW: 5/28 Council - Item 15 - Pavement Rehabilitation - Escalona from Highland to Bay For those of you who have already responded to our emails this morning – THANK YOU SO MUCH!! I did want to let you know that our District Councilmember, Scott Newsome, called to let us know that staƯ will be continuing the item to give staƯ time to follow-up with the neighborhood.

Greg Larson
408-761-1326
From: Greg Larson <[email protected]>
Sent: Friday, May 24, 2024 10:50 AM
To: '[email protected]' <[email protected]> Cc: '[email protected]' <[email protected]>; '[email protected]' <[email protected]>
Subject: 5/28 Council - Item 15 - Pavement Rehabilitation - Escalona from Highland to Bay Mayor, Vice Mayor, and City Council,
I am writing on behalf of many Escalona neighbors from Highland to Bay regarding Consent Calendar Item 15.

We are requesting that the City Council pull Item 15 from the Consent calendar and direct the following as part of the approval of the Pavement Rehabilitation Project:

15.14 2
Some neighbors are concerned that this may in some way impact the evaluation of our traƯic calming requests as part of the current competitive funding process. However, I have tried to explain that would be both unlikely and unethical based on my prior experience as a city manager for three cities (Los Gatos, Cupertino and Milpitas) and as a department director in three other cities (San Jose, Scottsdale and Santa Cruz).

Thank you very much for your consideration.

Greg Larson and Eileen Beaudry
Val Cole
Drew and Edith Meyer
Scott Rogers
Jesse Cunha
and many more

15.15 3
Lindsay Nelson
From: [email protected]
Sent: Friday, May 24, 2024 2:15 PM
To: City Council
Subject: Tuesday's Council meeting Agenda Item 15
Mayor, Vice Mayor, and City Council,
We are writing about Agenda Item 15 on Tuesday’s Council meeting.

We live on Escalona Drive between Laura and Van Ness. We are very concerned about pedestrian and bike safety along our road. It is not if an accident will occur it is when, it is just a matter of time. Cars are driving way to fast down this street ignoring the 25 mile per hour speed limit and more often than not not adhering to the stop signs. Escalona Drive seems to have become a fast short cut through our residential area.

Most recently, our neighborhood representatives submitted a number of requests repeatedly in writing and at the Transportation and Public Works Commission related to the Proposed Pavement Rehabilitation Project. Before voting unanimously to forward the repaving project to the City Council, the Commission and our neighbors were assured publicly by City staff that our neighborhood requests would be fully considered. However, the staff report that was just posted does not address many of the requests we made and we have been informed that the City staff who could answer our questions or provide additional information has been out all week and is not available until the day of the Council meeting.

We are requesting that the City Council pull Item 15 from the Consent calendar and direct the following as part of the approval of the Pavement Rehabilitation Project:

DIRECTLY AS PART OF THE REPAVING PROJECT:
1) Retain, don’t eliminate, the EXISTING bike lanes from Highland to Storey; 2) Add bike lanes from Storey to Peyton since the road width is the same as from Highland to Storey;
3) Add bicycle sharrows from Peyton to Walnut as is being done elsewhere as part of the repaving project; and
4) Add “bulb outs” on each side of the unprotected crosswalk at the top of Kirby as is being done elsewhere on Escalona.

DIRECTLY RELATED TO THE REPAVING PROJECT:
5) Add bicycle sharrows from Walnut to Bay (for continuing cyclist safety); 6) Add signage as suggested by City staff regarding pedestrians in the roadway from Walnut to Bay (given the lack of continuous sidewalks on either side of the street); and 7) Add speed humps and other traffic calming on all of Escalona from Highland to Bay (as exist on most of the perpendicular or parallel streets).

Some neighbors are concerned that this may in some way impact the evaluation of our traffic calming requests as part of the current competitive funding process. However, neighbor Greg Lars has explained that would be both unlikely and unethical based on his prior experience as a city manager for three cities (Los Gatos, Cupertino and Milpitas) and as a department director in three other cities (San Jose, Scottsdale and Santa Cruz).

As a reminder, Escalona is designated as a bike route in the City’s transportation

15.16 4
plans. However, Escalona from Highland to Bay is the only street of all the ones immediately perpendicular to or parallel with Escalona that does not have at least two of the following bicycle and pedestrian safety features: speed humps, bike lanes, continuous sidewalks, sharrows, or wider roadway widths. In fact, Escalona from Highland to Bay does not have even one of these essential safety features despite the high volumes of pedestrians and cyclists in the roadway with sometimes speeding vehicles.

Thank you
Kenny & Jo Stephenson

15.17 1
Lindsay Nelson
From: Zack Fusari <[email protected]>
Sent: Friday, May 24, 2024 7:25 PM
To: City Council
Subject: Item 15 for 5/28
Dear Mayor, and honorable members of City Council,
I am writing regarding Agenda Item 15 for the upcoming Council meeting on Tuesday.

I am concerned about the ongoing pedestrian and bicycle safety issues on Escalona. Our neighborhood has been working with staff on these issues for several years. Recently, our neighborhood representatives submitted multiple requests in writing and at the Transportation and Public Works Commission concerning the Proposed Pavement Rehabilitation Project. The Commission and our neighbors were assured by City staff that our requests would be fully considered before the repaving project was forwarded to the City Council. However, the recently posted staff report does not address many of our requests, and the City staff who could provide answers or additional information have been unavailable all week and will not be available until the day of the Council meeting.

We are asking the City Council to remove Item 15 from the Consent calendar and to include the following directives as part of the approval of the Pavement Rehabilitation Project:

DIRECTLY AS PART OF THE REPAVING PROJECT:
1) Retain the existing bike lanes from Highland to Storey; 2) Add bike lanes from Storey to Peyton, as the road width is the same as from Highland to Storey; 3) Add bicycle sharrows from Peyton to Walnut, as is being done elsewhere as part of the repaving project; and
4) Add “bulb outs” on each side of the unprotected crosswalk at the top of Kirby, as is being done elsewhere on Escalona.

DIRECTLY RELATED TO THE REPAVING PROJECT:
5) Add bicycle sharrows from Walnut to Bay to ensure cyclist safety; 6) Add signage regarding pedestrians in the roadway from Walnut to Bay, as suggested by City staff, due to the lack of continuous sidewalks; and
7) Add speed humps and other traffic calming measures on all of Escalona from Highland to Bay, similar to those on most of the perpendicular or parallel streets.

Some neighbors are concerned that this may impact the evaluation of our traffic calming requests in the current competitive funding process. However, neighbor Greg Lars has explained that this is both unlikely and unethical based on his prior experience as a city manager for three cities (Los Gatos, Cupertino, and Milpitas) and as a department director in three other cities (San Jose, Scottsdale, and Santa Cruz).

As a reminder, Escalona is designated as a bike route in the City’s transportation plans. However, Escalona from Highland to Bay is the only street among those immediately perpendicular to or parallel with it that does not have at least two of the following bicycle and pedestrian safety features: speed humps, bike lanes, continuous sidewalks, sharrows, or wider roadway widths. In fact, Escalona from

15.18 2
Highland to Bay does not have even one of these essential safety features despite the high volumes of pedestrians and cyclists on the road with often speeding vehicles.

Thank you very much for your consideration.

15.19 3
Lindsay Nelson
From: Lara Isaacson <[email protected]>
Sent: Sunday, May 26, 2024 12:02 PM
To: City Council
Subject: More Bike Lanes, Safer Streets
Dear Mayor, Vice Mayor, and City Council,
I am writing about Agenda Item 15 on Tuesday’s Council meeting. I walk my dog on Escalona often and my family lives just a block away. This is a vibrant street with many cars, lots of UCSC cross traffic, bikes, and pedestrians. It's currently the safest most direct route for many car-free folks who need to go up Mission, but it could be a lot better. Cars currently go too fast and could be encouraged by infrastructure to go more slowly, protecting people, animals, and even cars from accidents. We need it to be a complete street, with green bike lanes and speed humps as detailed below.

Please pull Item 15 from the Consent calendar and direct the following as part of the approval of the Pavement Rehabilitation Project:

INCLUDE IN REPAVING:
1) Retain the existing bike lanes from Highland to Storey 2) Add bike lanes (preferably green ones) from Storey to Peyton 3) Add “bulb outs” on each side of the unprotected crosswalk at the top of Kirby RELATED TO REPAVING:
5) Add bicycle sharrows from Walnut to Bay
6) Add signage regarding pedestrians in the roadway from Walnut to Bay (given the lack of sidewalks) 7) Add speed humps on all of Escalona from Highland to Bay Escalona is designated as a bike route in the City’s transportation plans, yet from Highland to Bay doesn't have any complete street features. Let's do this properly while repaving rather than having to return in the near future which would likely increase material, labor, and equipment costs.

Thank you in advance for supporting more sustainable and people-friendly streets, Lara

15.20 City Council

AGENDA REPORT
DATE: 05/09/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Public Works
SUBJECT: Award Contract for Construction Management Services for the Wastewater Treatment Facility Headworks Rehabilitation Project (PW) RECOMMENDATION: Motion to award a contract to Kennedy/Jenks Consultants, Inc. (Santa Clara, CA) for Construction Management Services for the Wastewater Treatment Facility Headworks Rehabilitation Project in the amount of $1,653,104 and reject all other proposals. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The City Manager is authorized to execute contract amendments within the approved project budget.

BACKGROUND: The City of Santa Cruz (City) Wastewater Treatment Facility (WWTF) was originally built in 1928 and has been expanded and upgraded throughout its service. The facility’s headworks system was installed in 1965 and is where raw sewage first enters the facility to be treated. Raw sewage enters the system through channels and gates, then screened by the motorized bar screens, and finally pumped to the downstream treatment system by the influent pump station (IPS). The IPS consists of a sloped wet well and six horizontally mounted dry-pit centrifugal pumps, marking the end of the headworks system. The headworks structures are exposed to harsh environments, such as hydrogen sulfide and moist air, which caused structural deterioration over time, thereby weakening the system’s integrity. The wastewater infrastructure assets installed in 1965 are approaching the end of their service life and require rehabilitation and replacement.

Design engineering firm, Brown & Caldwell, was contracted by Public Works to design and engineer the rehabilitation of the headworks process for Public Works. The headworks project consists of structural rehabilitation of the headworks vault, headworks box, influent box, meter vault, screens wet well, screen channels, and the IPS wet well. The City Council approved the plans and specifications and authorized Public Works to advertise and award the WWTF Headworks Rehabilitation project on April 9, 2024.

The complexity, risk, and magnitude of the construction for this rehabilitation project requires a construction management firm to provide the City with the following services: project management, constructability review, bid review, project correspondence, change management, construction observation, quality assurance, and more. In February 2024, Public Works solicited proposals from consultant engineering firms to provide construction management services for the WWTF Headworks Rehabilitation project.

16.1 DISCUSSION: On March 5, 2024, proposals for construction management services were opened by Public Works staff. Firms were subsequently evaluated, and the top candidates were interviewed based on the following criteria: understanding of the work to be done, experience with similar kinds of work, quality of project team, and past record of performance on contracts.

The final evaluation of firms by Public Works staff was:
1) Kennedy/Jenks Consultants (Santa Clara, CA) – Score: 93 2) HDR Engineering (Santa Clara, CA) – Score: 87
3) Carollo Engineers (Walnut Creek, CA) – Score: 86
4) MNS Engineers (San Jose, CA) – Score: 77
5) 4Leaf (Pleasanton, CA) – Score: 66
Kennedy/Jenks was found to have a profound understanding of the project and a skilled project team that can successfully provide the services required. Public Works staff also determined Kennedy/Jenks had the proven experience necessary and established plans to efficiently sustain quality, safety, and schedule.

FISCAL IMPACT: The provided services are estimated to cost $1,653,104 and immediate funds are available in the FY 2024 Wastewater Capital Investment Program (CIP) project c402204, City Headworks Replacement. There is no impact to the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICES AGREEMENT.PDF

16.2 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 1
Professional Services Agreement With
KENNEDY/JENKS CONSULTANTS, INC.

For WASTEWATER TREATMENT FACILITY HEADWORKS REHABILITATION

CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Kennedy/Jenks Consultants, Inc. (“Consultant” or “KJ”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).

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

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

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

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

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

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

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

16.3 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 2
acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

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

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

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $1,653,104 without advance written City authorization in the form of an amendment or change order.

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

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

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees. The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee Schedule.

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

16.4 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 3
SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating upon completion of the Scope of Work.

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

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

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

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

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

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

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

The City may, at its option, allow Consultant to cure its failure to perform within 10 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within the specified time period to the City’s satisfaction.

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

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices

16.5 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 4
set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

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

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

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

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

16.6 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 5
effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.

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

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

SECTION 14: MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

16.7 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 6
conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

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

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

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

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

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

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

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of

16.8 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 7
communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

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

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

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to

16.9 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 8
respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

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

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

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

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5;

16.10 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 9
d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

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

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

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

16.11 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 10
performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.

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

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

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

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

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

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

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

To CITY:

Public Works Department
Niao Yan
809 Center Street, Room 201
Santa Cruz, CA 95060
[email protected]
(831) 420-5424
To CONSULTANT:

Kennedy/Jenks Consultants, Inc.

Jon Westervelt
2350 Mission College Blvd., Suite 70
Santa Clara, CA 95054
[email protected]
(480) 399-5483
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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

16.12 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 11

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

16.13 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 12
Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

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

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ Technical Review:

By: _____________________________ Date: __________________ Kevin Crossley, PE
City Engineer/Assistant Director of Public Works

16.14 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 13
EXHIBIT A: SCOPE OF WORK

16.15 CITY OF SANTA CRUZ | CM SERVICES FOR THE WWTF 12 KENNEDY/JENKS CONSULTANTS, INC.

HEADWORKS REHABILITATION PROJECT | 2024
1 | Understanding
Scope of Services
Working as an extension of the City staff, with 105 years of design professional and CM experience, we have assembled an experienced CM team that has completed numerous wastewater treatment facility rehabilitation projects. Our CM Team will provide Construction Management Support and Inspection Services for the Wastewater Treatment Plant Headworks Rehabilitation Project as presented in the RFP. The City will benefit from KJ as the onsite representative responsible for administration, monitoring the quality and progress of the construction, and expediting the processing of relevant correspondence because of our well-rounded team structure with leadership, day-to-day onsite representatives, and advisors devoted to a quality outcome on this Project. The comprehensive Scope of Services is presented below has been used successfully by the KJ CM team and provides the City with assurance that your Project is our top priority.

Task 1.1 – Project Management
This task includes the management responsibilities
associated with proper construction management
(CM) team coordination and scheduling, budget
tracking and control, invoice preparation,
subconsultant management and invoice processing,
and coordination.

Deliverables:
• Monthly submittal of invoices
Task 1.2 – Constructability Review
Review Contract Documents for constructability and
operability at the 90% design levels. Look for problem
areas that could lead to delays, disputes, change
orders, or potential document contradictions during
construction.

Deliverables:
• Submit findings to City in a tabular format with
critical items identified, recommendations,
and a column for the City/Brown and
Caldwell’s responses
Task 1.3 – Bid Review
Assist in reviewing bids for technical completeness
Deliverables
• Submit summary of findings to City
Task 1.4 – Construction Management (CM) Plan
The CM Plan will include the overall project team
summarizing project organization and outlining how
our team will integrate with the City; roles will include procedures for contract administration, reporting, and
quality assurance used during construction.

Deliverables:
• Project specific CM Plan
Task 1.5 – Pre-Construction Survey
Perform a pre-construction site survey to
document all preexisting site conditions with digital
photographs and videos
Deliverables:
• Site survey report including photographs and
videos
Task 1.6 – Pre-Construction Meeting
Coordinate the pre-construction meeting with all
project partners. Meeting will be structured around
safety, quality control, budget control, schedule
control, communication protocols, and overall
partnership between the City, Brown and Caldwell,
the Contractor, and our CM Team.

Deliverables:
• Pre-construction meeting agenda
• Meeting summary

16.16 CITY OF SANTA CRUZ | CM SERVICES FOR THE WWTF 13 KENNEDY/JENKS CONSULTANTS, INC.

HEADWORKS REHABILITATION PROJECT | 2024
1 | Understanding
Task 1.7 – Safety Program
The Contractor is contractually required to prepare
and submit their safety program and a site-specific
safety plan. KJ will develop a project-specific safety
plan for our staff.

Deliverables:
• Review the Contractor’s safety program for
completeness
• Develop specific plan for KJ CM team
Task 2.1 – Document Standards and Control
Develop and maintain an electronic document
control system (Procore) to manage and track all
Project documentation, including, at a minimum,
contract plans and specifications, correspondence,
meeting agendas, meeting minutes, submittals, shop
drawings, requests for information (RFIs), potential
change orders, change orders, field directives, daily
reports, and photographs. The document control
system will be accessible by the City, Brown and
Caldwell, and the Contractor. KJ will provide Procore
training sessions to the City, Brown and Caldwell,
and Contractor. The document control system will be
capable of generating logs for submittals, RFIs, and
change orders. The City will have real-time access to
daily logs, quality assurance and inspection reports,
and documentation stored within the Procore
architecture. Upon completion of the Project, all
documentation uploaded to the document control
system will be neatly organized in a project archive
with a standard and uniform file naming convention
and shall be transmitted in a format acceptable to
the City.

Deliverables:
• Project document system (Procore)
development and maintenance
• Project document system (Procore) training
• Final document archive delivery
Task 2.2 – Construction Progress Meeting
Conduct construction progress with the City, Brown
and Caldwell, Contractor, and applicable project
stakeholders. KJ will prepare the meeting agenda
in advance of the meeting and transmit meeting
minutes to all attendees within two business days.

KJ will utilize Procore’s standard meeting summaries
template or approved equal. Meeting agenda and
minutes will be prepared and distributed through the
electronic document control system (Procore).

Deliverables:
• Prepare and distribute meeting agenda
• Prepare and distribute meeting minutes
Task 2.3 – Project Correspondence &
Communication
Establish a communication protocol with all project
stakeholders at the commencement of the Project
during the pre-construction meeting. Provide written
correspondence to the Contractor as necessary to
manage the Project in an efficient and timely manner
and in accordance with the Contract Documents. All
Project correspondence and documentation shall
be issued through the electronic document control
system.

Deliverables:
• Prepare and distribute correspondence
Task 2.4 – Submittals / Shop Drawings
Coordinate the submittal/shop drawing review
process and route all transmittals to the appropriate
reviewer(s) (e.g., City and Brown and Caldwell).

Maintain a log to track the status and review the
action of all submittals. Verify that all submittals
required by the Contract Documents have been
submitted by the Contractor. KJ is responsible for
reviewing the Contract Documents and identifying the
submittals for which it is responsible for reviewing.

Maintain a neatly organized electronic system with
PDF copies of all submittals.

Deliverables:
• Prepare and distribute submittal log during
construction progress meeting
• Prepare and distribute submittal review
comments

16.17 CITY OF SANTA CRUZ | CM SERVICES FOR THE WWTF 14 KENNEDY/JENKS CONSULTANTS, INC.

HEADWORKS REHABILITATION PROJECT | 2024
1 | Understanding
Task 2.5 – Request for Information (RFIs)
Coordinate the RFI review process and route all RFIs
to the appropriate reviewer (e.g., Brown and Caldwell
and City). Maintain a log to track the status of all
RFIs. Maintain a neatly organized electronic system
with PDF copies of all RFIs.

Deliverables:
• Prepare and distribute RFI response
• Prepare and distribute RFI log during
construction progress meeting
Task 2.6 – Construction Schedule
Review and approve the Contractor’s Baseline
Schedule, weekly look-ahead schedules, monthly
schedule updates, recovery schedules, and time
impact analyses (TIAs).

Deliverables:
• Prepare and distribute schedule review
comments
• Weekly statements of working days
Task 2.7 – Change Management
Establish and implement a change management
procedure, including management of the change
order process and reviewing, negotiating, and
responding to proposed change orders (PCOs) from
the Contractor. Implement a proactive approach
to minimize change orders to the extent possible.

Review Contractor’s change order proposal. KJ
will facilitate change order meetings with the City
and the Contractor as needed for the review and
negotiation of PCOs and preparation of change order
packages. Responses to change order requests
shall be provided in accordance with the Contract
Documents. All negotiated change orders shall be
reviewed and approved by the City’s Project Manager.

KJ will monitor and verify the performance of the
authorized change order work.

Deliverables:
• Implement change management procedure
• Review all Change Order requests by the
general contractor
• Perform independent cost estimates
• Prepare and distribute change order log
• Prepare and submit recommended change
order package to the City
Task 2.8 – Construction Observation and Quality
Assurance
Observe, document, and determine the acceptability
of construction work. Coordinate resolutions for
issues encountered in the field without direction
or extra cost. Monitor all aspects of the Project,
including job site safety, construction activities,
including personnel and equipment, and testing for
compliance with Contract Documents. Perform onsite monitoring of construction work with respect to quality, schedule, plans and specifications, health and safety, and design intent. Document all changes of
conditions, disputes, and extra work. Prepare daily
inspection reports, track deficient work to correction
and notify City and Contractor of corrective action
required. Provide photo and video documentation.

Coordinate, observe, and document all testing
(pressure, leakage testing, performance). Coordinate
material testing and special testing activities with
subconsultants and Contractor including:
• Slump Test per ASTM C143
• Concrete Compressive Strength Test per ASTM
C39
• Grout Compressive Strength Test per ASTM C109
• Adhesion Testing per ASTM D3359
• Density In-Place per ASTM D1556
• Hydrostatic Testing per AWWA C600
• Others as required
Enforce contractor compliance with all environmental
permitting requirements and the Project’s Water
Pollution Control Program.

Deliverables:
• Daily project reports, including photo
documentation, personnel, and equipment
records
• Document unsafe conditions
• Coordinate testing and provide test results to
the City and Contractor

16.18 CITY OF SANTA CRUZ | CM SERVICES FOR THE WWTF 15 KENNEDY/JENKS CONSULTANTS, INC.

HEADWORKS REHABILITATION PROJECT | 2024
1 | Understanding
• Notify the City and Contractor when work is
not in compliance with Contract Documents
and governing requirements
Task 2.9 – Schedule of Values
Review and approve the Schedule of Values
submitted by the Contractor at the commencement
of the Project. KJ will verify that the Schedule
of Values contains sufficient detail to track the
progress of the work and to facilitate approval of the
Contractor’s monthly progress payment applications.

Deliverables:
• Prepare and distribute schedule of values
review comments
Task 2.10 – Progress Payments
Review and approve the Contractor’s monthly
progress payment requests. KJ will verify that all
supporting documentation (redlined drawings and
certified payrolls) and releases have been provided
before transmitting the pay application to the City’s
Project Manager for review and approval.

Deliverables:
• Prepare and submit recommended monthly
progress payment and quantity calculation
sheets
Task 2.11 – Progress Report
Prepare weekly progress reports documenting the
status of the project budget (construction contractor
and construction manager), project schedule,
potential project issues, and all work performed
during the reporting period (e.g., number of RFIs and
submittals reviewed, number of meetings attended,
construction photos).

Deliverables:
• Prepare and submit weekly reports to City
Project Manager
Task 2.12 – Labor Compliance
Conduct monthly labor compliance interviews. The
Contractor is responsible for submitting their certified payrolls to the DIR monthly. KJ will submit required
records documenting inspector hours worked to the
DIR monthly.

Deliverables:
• Conduct monthly Labor compliance interviews
Task 3.1 – Startup & Commissioning
Coordinate review of master commissioning and test
plans. Coordinate field component testing, functional
testing, operations testing, acceptance testing, and
manufacturer’s field services with the City, Brown and
Caldwell, and Contractor.

Deliverables:
• Prepare and distribute master commissioning
plan and test plan review comments
• Coordinate and assist with implementation of
Contractor’s training program
Task 3.2 – Record Drawings
Review the Contractor’s final redlined drawings to
verify that the drawings are accurate and complete
with all field changes. Transmit redlined drawings are
transmitted to Brown and Caldwell for incorporation
into AutoCAD.

Deliverables:
• Transmit final redlined drawings to Brown and
Caldwell
Task 3.3 – Warranty / O&M Manuals
Verify warranties are submitted by the Contractor
as specified in the Contract Documents. Coordinate
with the City to verify that proper operations and
maintenance manuals and any training materials
have been provided in accordance with the contract
documents.

Deliverables:
• Deliver warranties and O&M manuals

16.19 CITY OF SANTA CRUZ | CM SERVICES FOR THE WWTF 16 KENNEDY/JENKS CONSULTANTS, INC.

HEADWORKS REHABILITATION PROJECT | 2024
1 | Understanding
Task 3.4 Punch List
Coordinate with the City, Brown and Caldwell, and
the Contractor to prepare punch lists for outstanding
items of work, including all documentation and
submittals required by the contract documents,
upon Substantial Completion of the Project. Review
and advise on items to be completed or corrected
with the issuance of a Certificate of Substantial
Completion. Prepare Project punch list.

Deliverables:
• Provide recommendation for substantial
completion
• Prepare punch list and perform final
inspection to ensure project completeness
prior to contractor demobilization
Task 3.5 Final Completion
Prepare a Final Completion Report consisting of a
summary of the Project construction, key issues,
change summary, warranties, schedule summary, and
as-built schedule.

Deliverables:
• Assist, review and advise on Final Completion
and issuance of As-Builts, and Warranties
Prepare and distribute final completion report

16.20 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 14
EXHIBIT B: FEE SCHEDULE

16.21 CITY OF SANTA CRUZ | CM SERVICES FOR THE KENNEDY/JENKS CONSULTANTS, INC.

WWTF HEADWORKS REHABILITATION PROJECT | 2024
Proposal Fee Estimate (Assoc. Proj. Costs or Comm Charges as ODC) CLIENT Name:

PROJECT Description: Construction Management and Inspection Services for Wastewater Treatment Plant Headworks Rehabilitation Project Proposal/Job Number: Date: 02/28/24
City of Santa Cruz
January 1, 2024 Rates KJ KJ KJ Sub Sub Sub KJ KJ KJ g
+
er
Classification: Total
LaborAnnual Escalation (3% per year 2024–2026)Construction Testing ServicesBay Area CoatingDan CortinovisSub-MarkupOther Direct Costs (ODCs)ODCs Markup Total Labor + Subs +
Expenses
Principal In ChargeQA/QCProject ManagerConstruction ManaAdmin. Assistant.TotalLaborTotalSubsTotalODCs g
Lead InspectorElectrical InspectorOfficer EngineerSafety Officer Hourly Rate: $275 $275 $270 $236 $200 $205 $165 $225 $120 Hours Fees 3% Fees Fees Fees 5% Fees 5% Fees Task 1. Pre-Construction Services

1.1 - Project Management 16 80 96 $13,920 $418 $0 $0 $0 $0 $0 $0 $14,338 $0 $0 $14,338

1.2 - Constructability Review 20 4 8 32 $8,220 $0 $0 $0 $0 $0 $0 $0 $8,220 $0 $0 $8,220

1.3 - Bid Review 4 16 20 $4,856 $0 $0 $0 $0 $0 $0 $0 $4,856 $0 $0 $4,856

1.4 - Construction Management (CM) Plan 1 8 8 24 8 49 $11,259 $0 $0 $0 $0 $0 $0 $0 $11,259 $0 $0 $11,259

1.5 - Pre-Construction Survey 24 6 $1,272 $0 $0 $0 $0 $0 $0 $0 $1,272 $0 $0 $1,272

1.6 - Pre-Construction Meeting 4842 18 $4,178 $0 $0 $0 $0 $0 $0 $0 $4,178 $0 $0 $4,178

1.7 - Safety Program 2 4 4 8 18 $4,374 $0 $0 $0 $0 $0 $0 $0 $4,374 $0 $0 $4,374 Task 1 - Subtotal 1 30 40 54 8 10 0 8 88 239 $48,079 $418 $0 $0 $0 $0 $0 $0 $48,497 $0 $0 $48,497 Task 2. Construction Phase Services

2.1 - Document Standards and Control 80 986 1066 $181,570 $6,101 $0 $0 $0 $0 $22,209 $1,110 $187,671 $0 $23,319 $210,990

2.2 - Construction Progress Meeting 16 240 40 16 120 432 $92,040 $3,112 $0 $0 $0 $0 $0 $0 $95,152 $0 $0 $95,152

2.3 - Project Correspondence & Communication 12 80 40 132 $28,720 $1,206 $0 $0 $0 $0 $0 $0 $29,926 $0 $0 $29,926

2.4 - Submittals / Shop Drawings 2 40 24 66 $13,940 $585 $0 $0 $0 $0 $0 $0 $14,525 $0 $0 $14,525

2.5 - Request for Information (RFIs) 40 24 64 $13,400 $563 $0 $0 $0 $0 $0 $0 $13,963 $0 $0 $13,963

2.6 - Construction Schedule 1 4 2 120 127 $30,235 $1,270 $0 $0 $0 $0 $0 $0 $31,505 $0 $0 $31,505

2.7 - Change Management 2 8 16 40 32 98 $21,790 $915 $0 $0 $0 $0 $0 $0 $22,705 $0 $0 $22,705

2.8 - Construction Observation and Quality Assurance 3272 630 3902 $783,550 $32,909 $103,500 $29,987 $10,000 $7,174 $66,300 $3,315 $816,459 $150,661 $69,615 $1,036,735

2.9 - Schedule of Values 28 10 $2,428 $102 $0 $0 $0 $0 $0 $0 $2,530 $0 $0 $2,530

2.10 - Progress Payments 40 100 140 $29,440 $1,236 $0 $0 $0 $0 $0 $0 $30,676 $0 $0 $30,676

2.11 - Progress Report 8 80 80 168 $34,240 $1,438 $0 $0 $0 $0 $0 $0 $35,678 $0 $0 $35,678

2.12 - Labor Compliance 4 40 44 $8,944 $376 $0 $0 $0 $0 $0 $0 $9,320 $0 $0 $9,320 Task 2 - Subtotal 3 12 58 772 3452 646 1306 0 0 6249 $1,240,297 $49,813 $103,500 $29,987 $10,000 $7,174 $88,509 $4,425 $1,290,110 $150,661 $92,934 $1,533,706 Task 3 Project Close-out

3.1 - Startup & Commissioning 2 4 24 40 16 86 $18,574 $1,114 $0 $0 $0 $0 $0 $0 $19,688 $0 $0 $19,688

3.2 - Record Drawings 2 8 24 4 38 $8,048 $483 $0 $0 $0 $0 $0 $0 $8,531 $0 $0 $8,531

3.3 - Warranty / O&M Manuals 2 16 8 4 30 $6,736 $404 $0 $0 $0 $0 $0 $0 $7,140 $0 $0 $7,140

3.4 - Punch List 2 4 24 40 24 16 110 $22,854 $1,371 $0 $0 $0 $0 $0 $0 $24,225 $0 $0 $24,225

3.5 - Final Completion 2 16 24 20 62 $10,676 $641 $0 $0 $0 $0 $0 $0 $11,317 $0 $0 $11,317 Task 3 - Subtotal 0 4 14 88 112 48 40 0 20 326 $66,888 $4,013 $0 $0 $0 $0 $0 $0 $70,901 $0 $0 $70,901 All Tasks Total 4 46 112 914 3572 704 1346 8 108 6814 $1,355,264 $54,244 $103,500 $29,987 $10,000 $7,174 $88,509 $4,425 $1,409,508 $150,661 $92,934 $1,653,104

16.22 CITY OF SANTA CRUZ KENNEDY/JENKS CONSULTANTS, INC. | CM SERVICES FOR THE WWTF HEADWORKS REHABILITATION PROJECT | 2024
Client/Address: City of Santa Cruz
809 Center Street, Room 201
Santa Cruz, CA 95060
Contract/Proposal Date: March 5, 2024
Schedule of Charges Date: 1/1/2024

PERSONNEL COMPENSATION
Classification Hourly Rate
Principal-In-Charge ..................................................................................................... $275 QA/QC......................................................................................................................... $275 Project Manager.......................................................................................................... $270 Construction Manager................................................................................................. $236 Lead Inspector*........................................................................................................... $200 Electrical Inspector* .................................................................................................... $205 Office Engineer ........................................................................................................... $165 Safety Officer .............................................................................................................. $225 Admin Assistance........................................................................................................ $120 (*) Prevailing Wage (California) Note that M-F the employee is paid at straight time for up to 8 hours per day of work. Overtime hours are paid at 1.5 times that rate. Saturdays are paid at 1.5 times the straight time rate.

Sundays are paid at 2.0 times the straight time rate.

Annual labor rate adjustment is 3% starting January 1, 2025.

Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus five percent for items such as:
• Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work.
• Subconsultants (project schedulers), and other outside services. • Rented vehicles, local public transportation and taxis, travel and subsistence. • Project specific telecommunications and delivery charges. • Special fees, insurance, permits, and licenses applicable to the work. • Outside computer processing, computation, and proprietary programs purchased for the work.

Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate. If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.

Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above.

Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above.

Excise and gross receipts taxes, if any, will be added as a direct expense.

16.23 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 15
EXHIBIT C: WORK SCHEDULE

16.24 CITY OF SANTA CRUZ 6 KENNEDY/JENKS CONSULTANTS, INC. | CM SERVICES FOR THE WWTF HEADWORKS REHABILITATION PROJECT | 2024
1 | Understanding
LEGEND Wet Season (No Bypass Pumping) Multiple Days
Influent Wet Well Screen Installation Project 2024 2025 2026

SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV Initial Preparation Work
Submit and Review Submittals and Permits
Perform Site Investigation / Survey / Exploratory Excavation for Bypass System Submit and Review Bypass System Plan
Bypass Work
Install Dewatering for Temporary Bypass System Construction - if required Construct Temporary Bypass System
Operate/Maintain the Temporary Bypass System for Dry Season Remove Bypass Pumps and Revert to Normal Operation for Wet Season Remove the Temporary Bypass System
Restore Bypass System Impacts to Original Condition
Temporary Septage Work
Furnish a Temporary Septage Receiving Station
Install a Temporary Septage Receiving Station
Relocate Sample Refrigerator and Computer to Temporary Septage Receiving Station Operate/Maintain a Temporary Septage Receiving Station
Remove the Temporary Receiving Station
2025 Dry Season Work
Remove Existing Screen Channel Gates and Misc. Prep
Rehab Headworks Vault Wall and Top Slap Replacement
Rehab Headworks Box Walls
Rehab Influent Box and Ceiling
Rehab Influent Pipe
Rehab Screen Wet Well Walls and Underside of Slab
Rehab Screen Channel Walls
Rehab Influent Wet Well Walls and Underside of Slab
Install New Influent Gate
Install New Screen Channel Influent and Outfluent Gates 2025/2026 Wet Season Work
Installation of Conduits and Wire for Equipment and Instruments in the IPS Replacement of Conduits and Wire for Equipment and Instruments in the Septage Receiving Area Replacement of lighting with LED fixtures and 120V receptacles at the IPS Replacement one light pole and fixtures with two light poles Recoat Screen Room Walls Above Mezzanine Level
Rehab Meter Vault Walls
Core Drill Opening for HVAC Duct
Install New FRP Cover System Including Supports
Remove Existing Septage Building, Receiving Boxes, and Arm Gate Construct new Pre-Engineered Septage Test Building
2026 Dry Season Work
Installation of radar level instruments at the IPS Wetwell Complete Demolition of Old Conduits and Wire for Equipment and Instruments in the IPS Complete Tie-in to New Conduits and Wire for Equipment and Instruments in the IPS Remove and Replace two IPS Pumps and Motors (Salvage as Required) Remove and Replace 6 Existing Wall Spools
Remove Existing and Install New IPS Duct Work/Supply Fan Complete New Permanent Septage Work
Startup/Testing/Commissioning
Project Schedule
Below is a detailed project schedule indicating the earliest start date of September 1, 2024 and earliest completion date of October 15, 2026.

16.25 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 16
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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.

16.26 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 17
• 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 Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
o PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s and all subcontractor’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE

16.27 City of Santa Cruz Professional Services Agreement for WWTF Headworks Rehabilitation Construction Management Services
May 2024 (Form Rev.01/23 ) Page 18
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.

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.

16.28 City Council

AGENDA REPORT
DATE: 05/09/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Public Works
SUBJECT: Outside Repair Services to Citywide Assets – Budget Adjustment (PW) RECOMMENDATION: Motion to adopt a resolution to amend the FY 2024 budget to appropriate funds in the amount for $400,000 for outside repair services for Citywide assets.

BACKGROUND: The FY 2024 Mechanical Maintenance budget had an original appropriation of $540,000 to purchase outside repair services for the City of Santa Cruz’s (City) equipment and vehicles. An additional $175,000 was approved during the Citywide mid-year budget adjustment in February 2024.

Most years in the previous decade have seen a slight increase in prices for supplies and services, however, the COVID-19 pandemic, supply demands with a reduced workforce, and significant international world events have all contributed to inflated prices and are having a long-lasting effect on City operations. For example, the price of a mid-size truck battery was consistently at $160 but now has increased to $238. That is an increase of 48.75% in just a few years.

DISCUSSION: The price of services and supplies have been increasing but most notably due to inflation in the last calendar year. This budget adjustment is necessary to provide funding for the remainder of the fiscal year depending on the market. The Fleet Maintenance division has been working diligently with City departments, to proactively service assets which results in fewer emergency breakdowns, extension of asset life, and a higher standard of service to the community. This overall approach, however, does require ongoing investment for service and parts. Service and repairs that cannot be done “in-house” include body work, transmission repair, internal engine repair, emissions related repairs and smog certification. That is due to repairs or services being very time consuming and Fleet Maintenance not having the resources and labor force to keep up with the day-to-day tasks.

The cost allocation will be distributed to various funds and activities based on the percentage of use through a work order system. All mechanical maintenance costs are spent through the Fleet Fund (Fund 811). The proposed FY 2025 budget anticipates greater future service costs and investments in the City fleet.

FISCAL IMPACT: The overall fiscal impact is $400,000. The General Fund impact is based on the usage of the asset user. The Mechanical Maintenance Fund is an internal services fund where actual repair expenditures are charged out to activities in various funds based on usage

17.1 and need. The cost allocation will be distributed to various funds and activities based on the percentage of use.

Prepared By:

Christina Alberti
Principal Management
Analyst
Johnny Navarro
Garage Service Supervisor
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

17.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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New funds are needed to keep up with the FY 2024 need for outside repair services for Citywide Assets. Most years in the previous decade have seen a slight increase in prices for supplies and services, however, the COVID-19 pandemic, supply demands with a reduced workforce, and significant international world events have all contributed to inflated prices and are having a long-lasting effect on City operations. The price of services and supplies have been increasing steadily but most notably due to inflation in the last calendar year.

This budget adjustment is necessary to provide funding for the remainder of the fiscal year depending on the market. 0 811-40-61-7831-52242 Repair services - outside 400,000 400,000
-400,000
Christin
a Alberti
Digitally signed by
Christina Alberti
Date: 2024.05.02
16:55:58 -07'00'
Nathan N.

Nguyen
Digitally signed by
Nathan N. Nguyen
Date: 2024.05.09
11:23:52 -07'00'
Tracy
Cole
Digitally signed
by Tracy Cole
Date: 2024.05.09
16:50:49 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.05.13
09:06:51 -07'00' 17.3
City Council

AGENDA REPORT
DATE: 05/09/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Water
SUBJECT: Adjustment of the City of Santa Cruz Water Department Miscellaneous Fees (WT)
RECOMMENDATION: Motion to adopt a resolution adjusting the City of Santa Cruz Water Department’s miscellaneous fees for services due to labor cost increases and rescinding Resolution No. NS-30,181.

BACKGROUND: The City of Santa Cruz Water Department (Water Department) maintains a miscellaneous fee schedule for as-needed requested services. These fees are charged at the time of service and include customer service-related fees, engineering plan reviews, and inspection services. The fee amount is calculated to directly offset the cost of labor and materials or parts needed to deliver the service. The Water Department collected $241,904 in miscellaneous fees in FY 2023, which accounted for 0.6% of the total revenue collected by the Water Department.

This fee schedule is typically updated annually to keep labor and material costs current.

DISCUSSION: On August 8, 2023, City Council approved revised miscellaneous fees for the Water Department that were calculated using an average of actual labor and material costs from the two previous fiscal years, FY 2021 and FY 2022. The revised fees were effective September 1, 2023. The Water Department re-calculated the miscellaneous fees based on FY 2022 and FY 2023 actual labor and materials costs as well as inflation. As part of the current update, the Water Department revised the method of calculating the rates and added two new fees to address commonly occurring work and materials.

The revised method is a blended-rate approach that incorporates all personnel and overhead costs, rather than calculating separate rates based on the division that performs the work associated with the miscellaneous fee. This approach better captures the actual costs of performing these services because it reflects the way work is performed by multiple divisions.

Additionally, this method accounts for all supervision, administrative support, and fill-in work costs.

Health In All Policies
The goal of Health in All Policies (HiAP) is to ensure that decision-makers are informed about the impacts on the three HiAP pillars of health, equity, and sustainability when reviewing projects and policy options. Adjustment of the Water Department miscellaneous fees meets the pillars of equity and fiscal sustainability by assessing the fees to the customers that incur the cost of labor and materials. Such specialty services are needed by an average of 11% of customers

18.1 annually and, therefore, are not included in the cost-of-service analysis used to set water rates charged to all customers.

FISCAL IMPACT: It is estimated the amount collected in Water Department miscellaneous fees will increase by 2%, resulting in approximately $247,000 in FY 2025 revenue, and $6,000 more revenue for the Water Operations Fund 711 than collected in FY 2023.

Prepared By:

Margaret Haddon
Management Analyst
David Baum
Chief Financial Officer
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. FEE COMPARISON.PDF

18.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ADJUSTING

MISCELLANEOUS WATER SERVICE FEES DUE TO LABOR COST INCREASES AND RESCINDING RESOLUTION NO. NS-30,181
WHEREAS, Title 16 of the Santa Cruz Municipal Code provides the rules and requirements governing the administration and operation of the City of Santa Cruz's water system, including identification of the various sources of authority to establish and amend miscellaneous service fees; and
WHEREAS, the miscellaneous service fees are designed to fully recover the cost of providing the service requested by the customer; and
WHEREAS, on August 8, 2023, the City Council adopted Resolution No. NS-30,181 establishing revised miscellaneous service fees that recover the cost to provide the service; and WHEREAS, the City of Santa Cruz Water Department (Water Department or SCWD) is implementing an adjustment based on prior fiscal year labor costs which will ensure that the miscellaneous service fees continue to fully recover the costs to provide the services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that miscellaneous water service fees will be charged as follows:

Section 1. MISCELLANEOUS SERVICE FEES SCHEDULE

NEW ACCOUNTS AND BILLING
Service description Fee

1. Application for service $63/application

2. Late payment charge (per SCMC 16.13.040) 10% or $5, whichever is greater

3. Returned payment charge $25

RESTORING SERVICE AFTER SHUT-OFF
Service description Base fee When additional fees may apply

4. Restore service $125 After 3:00pm, fee is $375 *
If customer self-restores service (in addition to above fee):

5. Labor to set or re-set a lock $125/hour Add cost for parts if lock is broken or a locking bracket is needed

6. Labor to remove meter if lock is broken $250 Add $125/hour over 2 hours

7. Labor to reset meter $250 After 3:00 pm, fee is $375 *

18.3 Resolution No. NS- XX,XXX
2 SERVICE CHARGES
Service description Base fee When additional fees may apply

8. To start or stop service No fee After hour rate will apply after 3:00 pm *

9. Service at the meter (such as leak checks, to
dig out box, and verify meter reads)
No fee After hour rate will apply after
3:00 pm *

10. Service beyond the meter on property
side (such as testing for cross-connection)
$125/hour Add parts as needed. After hour
rate will apply after 3:00 pm *

11. Repair of damage to SCWD
equipment/facilities
$375 Add parts as needed. Add
$125/hour each hour over 3 *

12. Unauthorized connection assessment and
response
$375 Add parts as needed. Add
$125/hour each hour over 3 *

13. Cancellation/Rescheduling without 1
business-day notice of appointments for
contractor related assistance
$250 Per missed appointment

14. Monthly manual meter reading for billing $63 When customers opt out of remote reading for billing
* Every effort will be made to schedule services to charge at the regular business hour rate. Requests for nonemergency services received after 3:00pm will be subject to the after-hours rate of $187.50/hour with a 2- hour minimum.

METER TESTING
Service description Deposit
amount
Deposit policy

15. In-field meter test (during regular office
hours only)
$125

16. Meter bench test, 5/8” or 3/4” meter $250

17. Meter bench test, 1” meter $250

18. Meter bench test, 1-1/2” to 3” meter $375

19. Meter field test, 4” and over meter $250
Deposit will be returned if meter is
found to run more than 2% fast.

PLAN REVIEW FEES**
Charges will be applied for review of construction and development plans or drawings by Water Department engineering staff to ensure compliance with water codes and design standards. Plan review fees are in addition to any other fees and charges that may be required as a condition of approval.

Service description Base fee When additional fees may apply

20. Landscape/
Irrigation plan
Up to 5,000 sq ft of
landscape area
$250 Add $125/hour each hour over 2

18.4 Resolution No. NS- XX,XXX
3 5,000 – 20,000 sq ft of
landscape area
$500 Add $125/hour each hour over 4 review:

Over 20,000 sq ft of
landscape area
$1000 Add $125/hour each hour over 8

21. Residential w/ separate meter (includes
fire service review)
$125/unit None
3/4” or 5/8” meter $125 Add $125/hour each hour over 1
1” meter $250 Add $125/hour each hour over 2
1-1/2” meter $375 Add $125/hour each hour over 3
2” meter $625 Add $125/hour each hour over 5
3” meter $875 Add $125/hour each hour over 7
4” meter $1125 Add $125/hour each hour over 9

22. Non-residential
or residential
on a master
meter (does not
include fire
service review):
6” meter and over $1250 Add $125/hour each hour over
10 23. Monitoring well permit $125/well Add $125/hour each hour over 1

24. Production well permit $375/well Add $125/hour each hour over 3

25. Commercial fire service $125 each Add $125/hour each hour over 1

26. Fire hydrant $250/
hydrant
Add $125/hour each hour over 2

27. Water main extension $688 Add $125/hour each hour over 5-1/2

28. Water main replacement $1375 Add $125/hour each hour over 11 29. Backflow device $250 Add $125/hour each hour over 2

30. Backflow device retrofit No fee

31. Water facility (such as a pressure regulating
station, booster pump station, or storage
tank)
$500 Add $125/hour each hour over 4
INSPECTION SERVICES**
Inspections are required for applicant/contractor-installed service lines, line extensions, and devices.

Service description Base fee When additional fees may
apply

32. Water service $375/tap Add $125/hour each hour over 3 18.5
Resolution No. NS- XX,XXX
4 33. Fire hydrant $375/
hydrant
Add $125/hour each hour over
3 34. Backflow device $250 Add $125/hour each hour over 2 35. Backflow device retrofit No fee

36. Water service / fire hydrant adjustment
(A separate fee for a Public Works Street
Opening Permit or Encroachment Permit may
apply)
$125 Add $125/hour each hour over
1 Base fee: $125 up to
100lf
Add $1.00 /lf over 100 lf
Plus: Taps $250/tap
Plus: Tie-Ins $1800 each Add $125/hour each hour over
11 Plus: Hydrants $125 each
Plus: Thrust block $125 each
Plus: Disinfection &
pressure testing
$2313 each Add cost of dechlorination
materials. Add $125/hour each
hour over 12

37. Water main
extension or
replacement,
Per linear feet
(lf)
Plus: Water facilities $375 each Add $125/hour each hour over 3 38. Water main extension mapping $500 Add $125/hour each hour over 4 39. Monitoring well permit $125/well Add $125/hour each hour over 1 40. Production well permit $250/well Add $125/hour each hour over 2 41. Bucket Test $125/test Add $125/hour each hour over 1 METER INSTALLATION**
New service connections will require the installation of a new meter by SCWD. Size and type of meter installed will be according to the approved plans. Total fee will be labor plus the cost of the meter.

Service description Labor cost Plus cost of materials

42. 5/8”, 3/4", or 1” meter $125 Meter estimate: $196 - $233

43. 1-1/2” or 2” meter $500 Meter estimate: $363 -$468

44. 3”, 4”, or 6” meter $750 Meter estimate: $1488 - $1798

18.6 Resolution No. NS- XX,XXX
5 45. Over 6” meter Time and materials

46. B16-B36 polycarbonate meter box lid $63 Lid estimate: $42 - $70

47. 1017- 1730 traffic-rated meter box lid $63 Lid estimate: $270 - $503 ** An additional 6% technology surcharge will be added to these fees at the time that fees are assessed per Resolution No. NS30,161.

BULK WATER STATION USE
Users must comply with requirements of the Bulk Water Permit issued by SCWD.

Service description Fee

48. Deposit $173 minimum deposit, based on estimated
use

49. Annual permit processing $125 per truck

50. Reported usage, per centum cubic feet
(ccf ) (monthly)
Current commercial inside rate (all commodity
rates), $50 minimum

51. Failure to report use (monthly) $100

HYDRANT METER USE
Service description Fee

52. Deposit
Amount is the cost for full replacement. If the meter requires repairs upon return, the deposit amount to be returned will be reduced by the cost of parts and labor to repair.
$3415

53. Application for service $63

54. Water Ready to Service (monthly) Current 3” meter inside rate

55. Water usage, per ccf (monthly) Current commercial inside rate (all commodity rates)

56. Daily use fee $5

OTHER REQUESTS
Service description Fee

57. Records research / data requests
This excludes public records subject to the CA Public Records Act $125/hour

TEMPORARY CONSTRUCTION SERVICE
All standard applicable fees and charges apply. This includes, but may not be limited to, fees and charges for installation, inspection, application for service, water usage, and System Development Charge. Upon completion of the construction project, the System Development Charge will be refunded or credited to the resulting project. After 180 days, temporary status may be re-evaluated, and account converted to permanent status.

18.7 Resolution No. NS- XX,XXX
6 BE IT FURTHER RESOLVED that until such a time as a new Water Department labor cost study has been completed, the City Council authorizes that each fee’s cost basis of providing the service within the Miscellaneous Water Service Fees Schedule shall be increased annually for any annual increase in the Consumer Price Index for all urban consumers for the San Francisco/Oakland Bay Area (all items), provided by the U.S.

Bureau of Labor Statistics.

BE IT FURTHER RESOLVED that Resolution No. NS-30,181 is hereby rescinded.

Section 2. EFFECTIVE DATE
This Resolution shall be effective July 1, 2024.

PASSED AND ADOPTED this 28th day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED_________________________
Mayor
ATTEST:___________________________
City Clerk Administrator

18.8 Water's Miscellaneous Service Fees
Rate Comparison
Service Type # hours to
perform task
FY24 Fees FY25 Fees

0.5 $62.50 $62.50
Per hour $125.00 $125.00

1.0 $125.00 $125.00

3.0 $375.00 $375.00

1.0 $125.00 $125.00
$16.00 $16.00
$51.00 $51.00

2.0 $250.00 $250.00

1.0 $125.00 $125.00

3.0 $375.00 $375.00

3.0 $375.00 $375.00
$250.00 $250.00

0.5 $62.50 $62.50

1.0 $125.00 $125.00

2.0 $250.00 $250.00

3.0 $375.00 $375.00

2.0 $250.00 $250.00

2.0 $236.00 $250.00

4.0 $472.00 $500.00

8.0 $944.00 $1,000.00

1.0 $118.00 $125.00

2.0 $236.00 $250.00
Application for Service
Records Research
Restoration of Service After Shut-Down for Non-Payment
During regular working hours
After regular working hours
Set a lock
Lock replacement
Lock bracket, if needed
Visit to remove meter
Visit to re-set meter
Service Calls
During regular working hours
After regular working hours
All repairs, including curb stop
Unauthorized Connection
Insufficient Notice for Cancellation
Manual meter reading for billing
Meter Testing by Request
In Field meter testing (flow test)
Meter bench test, 5/8” or 3/4” meter
Meter bench test, 1” meter
Meter bench test, 1-1/2” to 3” meter
Meter field test, 3” and over meter
Water Service Plan Review
Landscape, Up to 5,000 sq ft landscape area
Landscape, 5,000-20,000 sq ft landscape area
Landscape, Over 20,000 sq ft landscape area
Residential separate meter
Nonresidential, 3/4" x 5/8"
Nonresidential, 1"
Nonresidential, 1-1/2" 3.0 $354.00 $375.00
Nonresidential, 2" 5.0 $590.00 $625.00
Nonresidential, 3" 7.0 $826.00 $875.00
Nonresidential, 4" 9.0 $1,062.00 $1,125.00
Nonresidential, 6" and over 10.0 $1,180.00 $1,250.00
Monitoring Well Permit Plan Review 1.0 $118.00 $125.00
Production Well Permit Plan Review 3.0 $354.00 $375.00
Commercial Fire Service Plan Review 1.0 $118.00 $125.00 Fire Hydrant Plan Review 2.0 $236.00 $250.00

18.9 Service Type # hours to
perform task
FY24 Fees FY25 Fees
Water main extension plan review 5.5 $649.00 $687.50
Water main replacement plan review 11.0 $1,298.00 $1,375.00 Backflow plan review 2.0 $236.00 $250.00
Facility plan review 4.0 $472.00 $500.00

3.0 $354.00 $375.00

2.0 $236.00 $250.00

1.0 $118.00 $125.00

0.0 $0.00 $0.00

2.0 $236.00 $250.00

14.4 $1,699.20 $1,800.00

1.0 $118.00 $125.00

18.5 $2,183.00 $2,312.50

3.0 $354.00 $375.00

4.0 $472.00 $500.00

1.0 $118.00 $125.00

2.0 $236.00 $250.00

1.0 $118.00 $125.00

1.0 $125.00 $125.00

4.0 $500.00 $500.00
Inspection Services
Water Service Inspection
Fire Hydrant Inspection
Backflow Device Inspection
Water Service/Fire Hydrant Adjustment
Main Extension/Replace: Base fee
Main Extension/Replace: add'l lf
Main Extension/Replace: Taps
Main Extension/Replace: Tie-Ins
Main Extension/Replace: Hydrants
Main Extension/Repl: Thrust Block
Main Extension: Disinfect & Pressure Test Main
Extension/Replacement: Additional facilities
Water Main Extension Mapping
Monitoring Well Permit Inspection
Production Well Permit Inspection
Bucket Test
Meter Installation Labor (parts not included)
5/8" Meter
3/4" Meter
1" Meter
1 1/2" Meter
2" Meter 4.0 $500.00 $500.00
3" Meter 6.0 $750.00 $750.00
4" Meter 6.0 $750.00 $750.00
6" Meter 6.0 $750.00 $750.00
Over 6" Actual Cost Actual Cost
Meter box lid delivery 0.5 NA $62.50
Bulk Water Station Use
Deposit $173.00 $173.00
Annual permit 1.0 $125.00 $125.00
Minimum usage, per ccf (monthly) $50.00 $50.00
Failure to report use (monthly) $100.00 $100.00
Hydrant Meter Use
Deposit (to cover repair or replace) $3,415.00 $3,415.00 Service Application 0.5 $62.50 $62.50
Daily Use Fee $5.00 $5.00
*Fees in resolution rounded to the nearest dollar
**Fees in new resolution do not include 6% Technology Surcharge Fee, but fees in previous resolution did. This comparison does not include 6% surcharge.

18.10 City Council

AGENDA REPORT
DATE: 05/09/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Water
SUBJECT: 2024 Well Rehabilitation Project – Approval of Plans and Specifications, California Environmental Quality Act Exemption, and Authorization to Advertise for Bids and Award of Contract (WT)
RECOMMENDATION: Motion to:
1) Approve the plans and specifications for the 2024 Well Rehabilitation Project (c702501) and authorize staff to advertise for bids. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563; and authorize the Water Director to execute change orders within the approved project budget; and 2) Find the 2024 Well Rehabilitation Project exempt under the California Environmental Quality Act (CEQA), allowing staff to file a Notice of Exemption.

BACKGROUND: The City of Santa Cruz (City) operates production wells adjacent to the San Lorenzo River in Santa Cruz (the Tait Wells) and in Live Oak in the Mid-County Groundwater Basin (Beltz Wells Nos 8, 9, 10 and 12). The 2024 Well Rehabilitation Project (Project) will include all three Tait Wells and one of the Beltz Wells. Reliable operation of these wells is critical to meet customer demands particularly during peak demand periods when surface water supplies run low.

The City hired Pueblo Water Resources (Pueblo) in July of 2022 to conduct an assessment of the Tait Wells and Beltz Well 10; the assessment concluded that the wells needed to be rehabilitated to restore their pumping capacity. The Project will rehabilitate Tait Wells 1B, 3B, and 4, and Beltz Well 10.

DISCUSSION: After completing the well assessment, Pueblo was retained to develop the technical specifications for the rehabilitation of these wells. The technical specifications are now complete, and the City of Santa Cruz Water Department is prepared to advertise the Project for competitive bidding through OpenGov:
https://procurement.opengov.com/portal/santacruzca
Field activities for the Project are expected to commence at the beginning of FY 2025 and will be completed in September of 2025.

19.1 The Project is statutorily exempt from further environmental review under the California Environmental Quality Act Section 15301, Existing Facilities; a Notice of Exemption will be filed by staff following City Council approval. The rehabilitation of the City’s Beltz 10 Well, which is in the Coastal Zone, qualifies for a Coastal Development Permit exemption per Santa Cruz County code Section 13.20.064(C).

Health in All Policies (HiAP)
This project aligns with the public health pillar of the City’s HiAP initiative by supporting the Water Department’s work in ensuring the reliability of the public drinking water supply.

FISCAL IMPACT: The estimated project cost is $300,000. Funds will be requested in the Water Department’s FY 2025 Capital Investment Program budget within project c702501, Tait Wells Rehabilitation.

Prepared By:

Evanda Goad
Management Analyst
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. INVITATION FOR BIDS, SPECIFICATIONS, AND CONTRACT DOCUMENTS.PDF

19.2 1

WATER DEPARTMENT

INVITATION FOR BIDS,

SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR
2024 Well Rehabilitation Project
IFB NO. WT-0120

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
Heidi Luckenbach, Water Director
BIDS OPENING June 20, 2024, at 2:00PM PDT
Submit bids to: https://procurement.opengov.com/portal/santacruzca _______________________________________
Isidro Rivera / RCE No.C72965
Deputy Director / Engineering Manager

19.3 2024 Well Rehabilitation Project
WT- 0120
2 19.4
2024 Well Rehabilitation Project
WT- 0120
3 NOTICE INVITING SEALED PROPOSALS OR BIDS
NOTICE IS HEREBY GIVEN that the City of Santa Cruz, California (the “City”), invites sealed Bids for the following “Project”:
2024 WELL REHABILITATION PROJECT WT-0120

1. Date and Place of Opening Bids. Sealed bids for the construction of the Project will be received through opengov.com until June 20, 2024, at 2:00PM local time with all required attachments completed. At that time, the Bids received will be publicly opened and read using zoom. Bids received after the date and time stated above will be rejected as nonresponsive.

2. Location of Project. The Project is to be performed at Beltz 10 and the Tait well sites.

Ancillary work will also be performed at the Beltz Water Treatment Plant WTP. The City Tait Wellfield is located at the western terminus of Crossing Street which runs east-west from the Ocean Street Extension to the San Lorenzo River. The Beltz 10 site is located on 34th Avenue in the Live Oak area of Santa Cruz County, just south of the intersection of 34th Avenue and Roland Drive. The Beltz WTP site is located on Roland Drive, west of 38th Avenue, also in the Live Oak area.

3. Description of Work. The Project to be performed consists of furnishing all labor, materials, tools, equipment, and transportation required to complete the Project, with a scope of work to generally include, but is not limited to, the following: The City of Santa Cruz Water Department (City) desires to rehabilitate Tait Wells 1B, 3B, and 4, and Beltz Well 10, by chemical and mechanical means to restore lost well performance. Beltz 10 was never fully and properly developed after well construction due to limitations that existed at that time for the disposal of well development water. That situation has since been resolved and the City now seeks to maximize the production capacity of the well through a rigorous well rehabilitation/well development program. For project information, please see Technical Specifications (Exhibit I), Environmental Specifications (Exhibit II) and Standard Construction Practices (Exhibit III).

4. Time for Completion. The Project shall be completed in 70 calendar days. All time limits stated herein are of the essence.

5. Bidding Documents. The “Bidding Documents” shall include this Notice Inviting Bids, the Bid Form including all attachments included herein, General Requirements, Technical Specifications (including all plans, drawings, and reports), Addenda, draft Agreement, the City’s Standard Specifications (dated 2002), as amended1, the State of California’s Department of Transportation Standard Specifications(dated 2018), as amended, and all other documents identified herein.
1 The City’s Standard Specifications (dated 2002) are located via the City Website at:
https://www.cityofsantacruz.com/home/showpublisheddocument?id=2467.

19.5 2024 Well Rehabilitation Project
WT- 0120
4 6. Obtaining the Bidding Documents. Bidding Documents may be downloaded, without charge, from the following designated website:
https://procurement.opengov.com/portal/santacruzca.

Prospective bidders are urged to register with the designated website as a Bidding Documents holder, even if Bidding Documents are obtained from a source other than the designated website or City in either electronic or paper format. The designated website will be updated periodically with Addenda, reports, and other information relevant to submitting a bid for the Project. All official notifications, Addenda, and other Bidding Documents will be offered only through the designated website. Neither City nor any City official, employee, or agent will be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the designated website or the City.

7. Submitted Bid. Each sealed Bid shall comply with the Bidding Documents and be submitted on the Bid Form, including all attachments. Contractor must clearly and legibly set forth all information requested in the manner and form indicated.

By submitting a Bid, the Bidder represents that it has carefully examined and investigated the Project site and all Bidding Documents.

Each Bid shall include a bid security in the form of a certified check, cashier's check, or bidder's bond made payable to the order of the City of Santa Cruz, California, for an amount not less than (10) percent of the amount of the Proposal. The bid security shall be given as a guarantee that the successful bidder will enter into the contract, and will be declared forfeited if the successful bidder refuses or fails to enter into said contract.

All bidders shall submit with its Bid the included sworn statement of its financial responsibility, technical ability, and experience.

8. Addenda. Proposers are required to register for an account via the City e‐Procurement Portal hosted by OpenGov.com to receive written addenda to the solicitation. Once the Proposer has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at
https://procurement.opengov.com/portal/santacruzca.

9. Mandatory Pre-Bid Meeting. Pre-Bid meeting will take place in person on June 6, 2024 at 11:00am at the following locations:

Tait Wellfield is located at the western terminus of Crossing Street which runs east-west from the Ocean Street Extension to the San Lorenzo River.

Beltz 10 site is located on 34th Avenue in the Live Oak area of Santa Cruz County, just south of the intersection of 34th Avenue and Roland Drive.

Please meet at the Tait Well Field at 11:00am.

19.6 2024 Well Rehabilitation Project
WT- 0120
5 10. Withdrawing Submitted Bid. A bidder may withdraw a submitted Bid at any time prior to the time of bid opening only by written request to the City. Unless otherwise required by law, no bidder may withdraw its Bid for a period of sixty (60) days after the bid opening.

11. Award of Contract. The City will award the Project to the lowest responsible and responsive bidder. The City reserves the right to reject any and all Bids, including but not limited to for any minor irregularities, or waive any informalities or minor defects in proposals received.

The City may reject a Bid if it determines that any of the bid prices are materially unbalanced to the potential detriment of the City.

Within four (4) calendar days after receiving written notice that the contract has been awarded, the successful bidder shall provide City with a completed California Air Resources Board (CARB) Certificate of Reported Compliance. Within ten (10) calendar days after receiving written notice that the contract has been awarded, the successful bidder shall return to the City the signed agreement, together with the completed Labor and Material Bond and Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price (issued by a corporate surety company approved by the City Attorney), insurance certificates, and all other documents as required by the Bidding Documents.

12. Department of Industrial Relations Monitoring. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Prevailing wages as published by the DIR are required for all workers, including those employed by subcontractors, for all non-federally funded projects.

No contractor or subcontractor may be listed on a Bid or awarded the contract for the Project unless registered with the DIR pursuant to Labor Code section 1725.5 and 1771.1.

Refer to the DIR website, http://www.dir.ca.gov, to register and to find the correct wage rates and answers to questions related to prevailing wage requirements.

13. Federal Monitoring. Section Intentionally omitted.

14. Licenses. Bidders and their proposed subcontractors shall hold such licenses as may be required by the laws of the State of California for the performance of the Work. For the Project, Contractor must hold a Class C-57 and/or C-61/D-21 California Contractor’s License. The Contractor is required to ensure that all subcontractors listed in the Bid Form and working on this Project hold valid licenses and certifications suitable for their trade.

Bidder is required to provide with its Bid satisfactory proof of licensure to the City.

Bidder and all subcontractors shall maintain the required licenses throughout the entire Project until the City issues a Notice of Completion.

15. Retention. Progress payments are subject to 5% retention withholding until thirty-five (35) calendar days after recording the notice of completion. Pursuant to California Public Contract Code Section 22300, for monies earned by the General Contractor and withheld by the City to ensure the performance of the Contract. The General Contractor, may, at its option, choose to substitute securities meeting the requirements of California Public Contract Code Section

19.7 2024 Well Rehabilitation Project
WT- 0120
6 22300, or have the retained, earned monies deposited in an escrow account at a federal or state-chartered bank.

16. Business License. All Contractors and subcontractors working in the City must have a valid City of Santa Cruz business license at the time the contract is awarded, pursuant to Santa Cruz Municipal Code (SCMC) Chapter 5.04.

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

18. Questions for City.

Proposers shall submit all questions or requests for clarification regarding any aspect of this IFB via the Designated Website by the date identified therein. All answers to inquiries will be posted on the Designated Website. Proposers may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the Designated Website for answers to inquiries.

Any questions or requests for clarification not submitted within the time and manner stated above or to anyone other than the above‐stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out via an addendum.

The City may determine it is necessary to revise any part of this IFB. Revisions will be made by written addenda, and it is the Proposer’s sole responsibility to comply with any addenda to this IFB.

19. Pursuant to the provisions of California Labor Code Section 6707, each Bid submitted shall contain, as a separate bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb in trenches and open excavation, exceeding five feet, which shall conform to applicable safety orders. Neither this requirement, nor any payment by City for this separate bid item, shall be construed to impose tort liability on City, or its employees or agents, for any injury or damage caused by failure of any excavation or protective equipment or methods.

This Advertisement is issued by the City of Santa Cruz, California.

City Manager, Matt Huffaker Date

19.8 2024 Well Rehabilitation Project
WT- 0120
7 BID FORM
For
2024 Well Rehabilitation Project WT- 0120
TO: The Council of the City of Santa Cruz
PROPOSAL OF:

Business Address:

Business Telephone:

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement, in the form specified in the Contract Documents, with the City of Santa Cruz (“City”) to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the Bidding Documents.

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

Please note closing time to receive bids will be verified according to local telephone company time.

IT IS UNDERSTOOD THAT THIS BID IS BASED UPON COMPLETION OF THE WORK AS SPECIFIED IN THE SPECIAL PROVISIONS WITHIN 70 CALENDAR DAYS

WORKING DAYS, AND THE PRICES INCLUDE ALL STATE, FEDERAL, AND OTHER TAXES APPLICABLE TO THE PROJECT.

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

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

The undersigned Bidder has carefully examined the form of the Agreement, the Standard Specifications, the Plans and Special Provisions for the project hereinbefore described and referred to in the “Invitation to Bidders” inviting proposals for 2024 Well Rehabilitation Project WT0120 and also the site of the work and will provide all necessary machinery, tools apparatus and other means of construction, and do all the work and furnish all materials required by said Specifications and Plans and Special Provisions in the manner described therein.

19.9 2024 Well Rehabilitation Project
WT- 0120
8 No bid will be considered for less than all items of this schedule and one contract will be awarded for the entire Project.

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

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

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date
The Bidder furthermore agrees that in case of its default in executing said Agreement with necessary bonds, the check or bond accompanying this Bid and money payable will become and remain the property of the City of Santa Cruz.

Enclosed is Bidder’s bond, certified check, or cashier’s check no. of the Bank for $ which is not less than 10 percent of the Bid submitted by the undersigned, payable to the City of Santa Cruz, California, and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.

It is understood and agreed that the City may reject any or all proposals, or waive any informalities or minor defects in proposals received.

It is agreed that this bid may not be withdrawn over a period of sixty (60) days from the opening thereof.

The following shall be submitted with the Bid Form and Basis of Bid:
(1) Bid security;
(2) List of Subcontractors Form;
(3) DIR Compliance Affidavit;
(4) Contractor Reference Information;
(5) Non-Collusion Declaration; and
(6) CARB Requirement for Certificate of Reported Compliance. (7) Construction Schedule
(8) A list of projects on which he/she has performed rehabilitation of a similarly scope within the past five years.

19.10 2024 Well Rehabilitation Project
WT- 0120
9 b) The following shall be submitted by the Successful Bidder within 10 days of the Award Notice:
(1) Two original signed Agreements;
(2) Acceptable bonds;
(3) Certificate(s) of Insurance as required in the General Conditions; (4) Good Faith Effort Statement For Local Hire;
(5) (optional) Escrow Agreement For Security Deposits In Lieu of Retainage; (6) DAS Form 140;
(7) CARB certificates, if required and not included in bid proposal; and (8) Any other forms or documentation identified in the Notice of Award.

Note: Bidders should not add any conditions or qualifying statement to this bid as otherwise the bid may be declared irregular as being not responsive to the Advertisement for Bids.

The undersigned declares under penalty of perjury that the information contained in this Bid and all accompanying documents are true and correct
The undersigned currently possesses and agrees to maintain a valid C-57 and/or C-61/D-21 Contractor's License issued by the State of California while the work is being prosecuted.

A notary acknowledgment is required.

Dated: Firm Name:

Official Address: Phone:

Email Address:

By: Title:

State Contractor’s License No.:

DIR Registration No.:

Signature of Bidder:

19.11 2024 Well Rehabilitation Project
WT- 0120
10 Basis of Bid
Name of Bidder:

Project Name/Number: 2024 Well Rehabilitation Project WT-0120 Pursuant to the foregoing Notice Inviting Sealed Bids, the undersigned hereby proposes and binds himself by the City, under this Bid, to execute in accordance with such award, a contract of which this Bid and the Specifications shall be a part, to furnish any and all labor, materials, equipment, and services necessary for satisfactory performance and completing the work set forth in said Specifications within the time hereinafter set forth and at the prices named in this bid as follows*:

Bid Sheet for the Rehabilitation of Tait Wells 1B, 3B, and 4 Task Description Unit Estimated
Quantity Unit Price Total
1 Mobilization/Demobilization Lump Sum 1 $ $
2 Pump Removal/Pump Inspection/Pump
Reinstallation Lump Sum 3 $ $
3 Pre-Rehabilitation Video Survey Lump Sum 3 $ $
4 Wire Brushing Lump Sum 3 $ $
5 Pressure Jetting (optional) Lump Sum 3 $ $
6 Bailing Lump Sum 3 $ $
7 Tanks, Piping, and Treatment System Lump Sum 1 $ $
8 Pre-Chemical Airlift/Swabbing
Development Hourly 8
$ $
9 Chemicals Lump Sum 3 $ $
10 Application of Chemicals Lump Sum 3 $ $
11 Swabbing of Chemical Solution Lump Sum 3 $ $
12 Chemical Purging and Airlift/Swab
Development Hourly 8 $ $
13 Post-Rehabilitation Video Survey Lump Sum 3 $ $
14 Disinfection Lump Sum 3 $ $
Total Amount for Tait Bid Items: $

19.12 2024 Well Rehabilitation Project
WT- 0120
11 BID SHEET for the Rehabilitation of Beltz Well No. 10 Task Description Unit Estimated
Quantity Unit Price Total
1 Mobilization/Demobilization Lump Sum 1 $ $
2 Pump Removal/Pump Inspection/Pump
Reinstallation Lump Sum 1 $ $
3 Pre-Rehabilitation Video Survey Lump Sum 1 $ $
4 Wire Brushing Lump Sum 1 $ $
5 Pressure Jetting (optional) Hourly 1 $ $
6 Bailing Lump Sum 1 $ $
7 Tanks, Piping, and Treatment System Lump Sum 1 $ $
8 Pre-Chemical Airlift/Swabbing
Development Hourly 16 $ $
9 Chemicals Lump Sum 1 $ $
10 Application of Chemicals Lump Sum 1 $ $
11 Swabbing of Chemical Solution Lump Sum 1 $ $
12 Chemical Purging and Airlift/Swab
Development Hourly 12 $ $
13 Post-Rehabilitation Video Survey Lump Sum 1 $ $
14 Disinfection Lump Sum 1 $ $
Total Amount for Beltz Bid Items: $
* Upon award, these Bid Forms shall become a part of the final contract.

NOTE: See TECHNICAL SPECIFICATIONS for an explanation of tasks, materials, quantities, and methods.

PROPOSAL IS ASSUMED TO BE VALID FOR 60 DAYS UNLESS OTHERWISE NOTED Total Basis of Bid
Subtotal $
10% Contingency $
Total Basis of Bid Plus Contingency $
Total Basis of Bid Plus Contingency in Words:

The undersigned has had the opportunity to examine the location of the proposed work and/or is familiar with the Specifications and the local conditions in the place where the work is to be done.

The undersigned has checked carefully all the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

19.13 2024 Well Rehabilitation Project
WT- 0120
12 The undersigned understands that the City reserves the right to reject any or all bids, and to waive any irregularities or informalities in bids received. Award shall be made which, in the judgment of the City, is to the best interest of the City. It is agreed that this bid may not be withdrawn within a period of sixty (60) days after the date set for the opening thereof.

In accordance with the Technical Specifications, the undersigned further agrees to so plan the work and prosecute it with such diligence that said work shall be commenced within xxx (xxx) consecutive calendar days of notice to proceed and all work shall be completed within xxx (xxx) calendar days from the commencement of work activities.

The undersigned agrees, if awarded the contract, that there shall be paid by the undersigned and all subcontractors under him, to all laborers, workmen, and mechanics employed in the execution of such contract or any subcontract thereunder, not less than the general prevailing rate of per diem wages, and rates for overtime and legal holidays in the locality in which the work is to be performed, as established by the State Director of the Department of Industrial Relations.

The undersigned currently possesses and agrees to maintain a valid C-57 and/or C-61/D-21 Contractor's License issued by the State of California while the work is being prosecuted.

Bidder: Tax I.D. Number:

Business Address:

Contractor's License No.: Telephone: ( )
By: Dated:

Title:

19.14 2024 Well Rehabilitation Project
WT- 0120
13 Bid Bond
(Submit with Bid, if Bond is used as Bid Security
KNOW ALL PERSONS BY THESE PRESENT:

THAT WE, , AS PRINCIPAL,
AND , a corporation organized and existing
under and by virtue of the laws of the State of and an admitted surety insurer by the California State Department of Insurance, AS SURETY, are held and firmly bound unto the City of Santa Cruz in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Santa Cruz for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Santa Cruz to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of $___________________________________.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the Principal has submitted the above-mentioned bid to the City of Santa Cruz, aforesaid, for certain construction specifically described as follows
For:
2024 Well Rehabilitation Project WT-0120
NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract, in the prescribed form, in accordance with the bid, and files the certificate of insurance and two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and all other items as required in the Bidding Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _________day of____________, 20 ___.

PRINCIPAL SURETY
__________________________________ (Seal) (Seal)
__________________________________
Signature Signature
__________________________________
Title Title
__________________________________
Address Address
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)

19.15 2024 Well Rehabilitation Project
WT- 0120
14 List of Subcontractors Form
(Submit with Bid)
Name of Bidder:

Project Name/Number: 2024 Well Rehabilitation Project WT-0120 Bidder will use Subcontractors for the Work: □ YES □ NO For each subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent, Bidder shall indicate on this form each proposed subcontractor’s legal/contracting entity name, business address and phone number, the Contractor’s State Licensing Board license number, the public works contractor registration number issued pursuant to California Labor Code Section 1725.5, the dollar amount and proportion (in percent) of the Work of each Subcontractor (of any tier) to whom a portion of the Work will be awarded via one or more subcontracts, and the work to be performed by the subcontractor.

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

19.16 2024 Well Rehabilitation Project
WT- 0120
15 DIR COMPLIANCE AFFIDAVIT
(Submit with Bid)
Name of Bidder:

Project Name/Number: 2024 Well Rehabilitation Project WT-0120 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

19.17 2024 Well Rehabilitation Project
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16 Contractor Reference Information
(Submit with Bid)
Name of Bidder:

Project Name/Number: 2024 Well Rehabilitation Project WT-0120 Failure to provide this information may constitute grounds for rejection of the bid.

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

The following are five owners for whom the Bidder has constructed projects of similar scope to the Project, including for well rehabilitation in the last 5 years. Such projects will have been completed within the past five years.

Name, Address, Phone No:

Project Description:

Date Completed:

Name, Address, Phone No:

Project Description:

Date Completed:

Name, Address, Phone No:

Project Description:

Date Completed:

4. Name, Address, Phone No:

Project Description:

Date Completed:

5. Name, Address, Phone No:

Project Description:

Date Completed:

19.18 2024 Well Rehabilitation Project
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17 19.19
2024 Well Rehabilitation Project
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18 Non-Collusion Declaration
(Pursuant to Section 7106 of the Public Contract Code)
Name of Bidder:

Project Name/Number: 2024 Well Rehabilitation Project WT-0120 The undersigned declares:

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

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 20__, at [City], , [State].
(Signature)

19.20 2024 Well Rehabilitation Project
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19 Bidder’s Financial Qualification
(Submit with Bid)
Name of Bidder:

Project Name/Number: 2024 Well Rehabilitation Project WT-0120 Reference is hereby made to the following bank or banks as to the financial responsibility of the Bidder:

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

Company:

Address:

Company:

Address:

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

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

BIDDER
Name:

Title:

19.21 2024 Well Rehabilitation Project
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20 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:
2024 Well Rehabilitation Project WT-0120
(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. 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. Good Faith Effort Statement for Local Hire

9. Local Hiring Statement

10. Invitation For Bids for 2024 Well Rehabilitation Project, WT-0120, including the Project Technical and Environmental Specifications (Exhibit I & II), Drawings, and Plans, all other Exhibits and attachments, and all Addenda in the reverse order of date of issuance.

11. General Conditions

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

19.22 2024 Well Rehabilitation Project
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21 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, as revised by the Water Department Standard Specifications (December 2009 Revision) (“City Specifications”); 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. Contractor shall not undertake any work beyond the scope of work set forth in Exhibit A unless such additional work is approved in advance and in writing by City in the form of a change order.

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

19.23 2024 Well Rehabilitation Project
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22 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and its respective officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands, 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.

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
Contractor shall be responsible for complying with the provisions of California Public Contract Code Section 7104 regarding trenching and excavations that extend deeper than four (4) feet below the surface. No change order issued pursuant to California Public Contract Code Section 7104 shall provide for any increase in compensation that would exceed the recovery allowed pursuant to the “Claims” section of the General Requirements.

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.

19.24 2024 Well Rehabilitation Project
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23 6. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

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

Signature Page to Follow

19.25 2024 Well Rehabilitation Project
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24 IN WITNESS WHEREOF, this Agreement is executed by the City Manager of the City of Santa Cruz, under and pursuant to a resolution of the City Council authorizing such execution, and the Contractor has affixed his/her signature hereto the day and year first hereinabove written.

Approved as to Form by:

Date:

Office of the City Attorney
For Contractor Name:

Signature: Date:
(Name, Title)
For SANTA CRUZ WATER DEPARTMENT
Date:

Heidi Luckenbach, Water Director
For CITY OF SANTA CRUZ, a municipal corporation
Date:

Matt Huffaker, City Manager

19.26 2024 Well Rehabilitation Project
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25 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: 2024 Well Rehabilitation Project WT-0120, 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 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:

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, or fails to pay any subcontractor, 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 its 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.

19.27 2024 Well Rehabilitation Project
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26 any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.

IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this day of , 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.

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

19.28 2024 Well Rehabilitation Project
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27 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: 2024 Well Rehabilitation Project WT-0120, 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 and an admitted surety insurer by the California State Department of Insurance, 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.

19.29 2024 Well Rehabilitation Project
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28 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.

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

19.30 2024 Well Rehabilitation Project
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29 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:
“2024 Well Rehabilitation Project WT-0120”
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 or to the work or to the specifications, and the surety does hereby waive its rights under California Civil Code Section 2819.

19.31 2024 Well Rehabilitation Project
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30 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.)

19.32 2024 Well Rehabilitation Project
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31 CALIFORNIA AIR RESOURCES BOARD (CARB) REQUIREMENT FOR

CERTIFICATE OF REPORTED COMPLIANCE
Re: In-Use Off-Road Diesel-Fueled Fleets Regulation
(Cal Code Regs., Title 13 § 2449 et seq.) effective 1/1/2024 1a) Check below if contractor or subcontractor will use on the project, any of the following offroad heavy duty diesel-powered vehicles subject to Cal Code Regs., Title 13 § 2449 et seq:
□ Work Over Rigs, as defined in Cal Code Regs., Title 13 §244I)(72), □ Engines with two-engine cranes, which contain an auxiliary engine ≥ 50 bhp, as defined in Cal Code Regs., Title 13 §244I)(66),
□ Two engine water-well drilling rigs, which contain an auxiliary engine ≥ 50 bhp, as defined in Cal Code Regs., Title 13 §244I)(68), or
□ Engines of two-engine vehicles that are designed to be driven on/off road and contain an auxiliary engine ≥ 50 bhp, as defined in Cal Code Regs., Title 13 §244I)(67) – (e.g., Boom Trucks, Concrete Mixers, Concrete Pump Trucks, Vacuum Pump Trucks, Guardrail Fence Installers)
OR
b) □ No vehicles subject to Cal Code Regs., Title 13 § 2449 et seq. apply to the project. [Proceed to the end and Sign the Verification below.]
2a) If any box is checked in number 1(a), did you or your subcontractor register any vehicles that qualify as In-Use Off-road Diesel-fueled Fleets, with the California Air Resources Board (CARB)?
□YES □NO
b) If you checked “No” to number 2, then explain reason:

Exempt: □ Emergency Operations
□ Renewable Diesel Exemptions
(based on fleet engine type or weather restrictions)
□ Unavailability of Renewable Diesel
□ Other: ____________________________________________
3a) If you checked “Yes” to number 2, then submit with the bid response, a CARB’s Certificate of Reported Compliance (Certificate) for the applicable vehicles owned or operated by you or your subcontractor to show compliance with Cal Code Regs., Title 13 § 2449 et seq. [Visit the CARB website to get a CARB Certificate online: arb.ca.gov/offroadzone]:

19.33 2024 Well Rehabilitation Project
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32 CARB Certificate Attached with Bid: □YES □NO
3b) If you checked “No” to number 3, then explain reason:
_________________________________________________________________________ ______________________________________.
4) Non-Compliance is Non-responsive.

0. Unless otherwise exempt or not applicable as indicated above, the bid proposal must include a CARB’s Certificate of Reported Compliance (Certificate) for vehicles subject to Cal. Code Regs., Title 13 § 2449 et seq., and no later than prior to the time of the bid award, or the bid proposal may be deemed non-responsive. b. Unless otherwise exempt or not applicable as indicated above, bid responder further agrees to comply with the requirements of Cal. Code Regs., Title 13 § 2449(j), including but not limited to:
• Allowing only off-duty diesel vehicles with valid Certificates to be used at the contractor’s job sites,
• Reporting to CARB within five business days of such discovery, if the contractor discovers a fleet or vehicles that are subject to this regulation at the job site does not have a valid Certificate or observes noncompliant fleets or vehicles operating on their job site:
https://calepacomplaints.secure.force.com/complaints/Complaint, or email [email protected],
• Displaying a sign that provides key information about the regulation and how to report noncompliance. The sign must be posted where vehicles subject to this regulation will operate for eight or more calendar days; the sign must be posted by the eighth calendar day from when the first vehicle operates.

Verification

1. The undersigned states that the statements made herein are true and correct and made under penalty of perjury.

2. The undersigned acknowledges that the undersigned is authorized to sign on behalf of the bid responder and the statement(s) made herein is/are legally binding on the bid responder, their representatives, agents, and successors.

3. A scanned, electronic, or other copy of a party’s signature shall be legally valid as an original. _________________________/_______________________/__________________/__________ (Print Name of Contractor) (Signature) (Business Name) (Date)

19.34 2024 Well Rehabilitation Project
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33 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 2024 Well Rehabilitation Project WT-0120:
□ 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:

19.35 2024 Well Rehabilitation Project
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34 Good Faith Effort Statement for Local Hire
In conformance with Chapter 3.10 of the Municipal Code, each Contractor and subcontractor shall complete and submit this Statement following Award of Contract and prior to issuance of the Notice to Proceed.

Project Title:

Name and Title of Person Completing Statement:

Name of Contractor or Subcontractor:

Date Statement Completed:

Address:

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

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

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35 Local Hire Documentation
(To be submitted with Certified Payroll)
Prevailing wage statements shall be deemed acceptable documentation to accurately record hiring information required to comply with Chapter 3.10 of the Municipal Code pertaining to Local Hiring.

However, the following information shall accompany the prevailing wage statements:

For pay period ending ____________________________

0. For each employee, complete residency compliance by marking the appropriate box.

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

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

19.37 36

ESCROW AGREEMENT FOR

SECURITY DEPOSITS IN LIEU OF RETAINAGE
(Optional, can be submitted by Successful Bidder with Agreement) This Escrow Agreement is made and entered into by and between the City of Santa Cruz, (“City”), 809 Center Street, Santa Cruz CA 95060; and
(“Contractor”), ; and
, hereinafter called “Escrow Agent”, whose address is
.

For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to §22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between the City and Contractor for: Well Rehabilitation Project in the amount of ($ ), dated: , 20___, (hereinafter referred to as the “Contract”).

Alternatively, on written request of the Contractor, the City will make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent will notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution will be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and the Contractor. Securities will be held in the name of the City of Santa Cruz and will designate the Contractor as the beneficial owner.
(2) The City will make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent will hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities.

All terms and conditions of this agreement and the rights and responsibilities of the parties will be equally applicable and binding when the City pays the Escrow Agent directly. (4) Contractor will be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms will be determined by the City, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest will be for the sole account of Contractor and will be subject to withdrawal by Contractor at any time, and from time to time, without notice to the City. (6) Contractor will have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the City to the Escrow Agent that the City consents to the withdrawal of the amount sought to be withdrawn by Contractor.

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37 (7) The City will have a right to draw upon the securities in the event of default be the Contractor.

Upon seven (7) days written notice of the default to the Escrow Agent from the City, the Escrow Agent will immediately convert the securities to cash and will distribute the cash as instructed by the City.
(8) Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent will release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow will be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges. (9) Escrow Agent will rely on the written notifications from the City and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the City and Contractor will hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of City: On behalf of Contractor:

Water Director
Title Title

Name Name
Signature Signature
809 Center Street, Room 102
Santa Cruz, CA 95060
Address Address

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38 DIVISION OF APPRENTICESHIP STANDARDS FORM –
DAS FORM 140
(To be submitted by Successful Bidder with Agreement)
Form Follows Exhibit IV

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39 REQUEST FOR DISPATCH OF AN APPRENTICE
(Do not send this form to DAS)
Form follows Exhibit V

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40 GENERAL CONDITIONS

1. Failure to Execute Contract
Add as a new last sentence of Section 3.06 of the City’s Standard Specifications the following:

This period of time shall be subject to extension for such further period as may be agreed upon in writing between the City and Contractor.

2. Contractor’s Insurance
Replace Section 3.07 of the City’s Standard Specifications with the following:

Contractor will procure and maintain for the duration of the Agreement, 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, their employees, subcontractors, and agents.

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, agents, 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
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Contractor 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Contractor shall procure and maintain insurance coverage and surety bonds during the term of the Agreement as follows:

1. COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $5,000,000 AGGREGATE Proof of coverage for $2 Million per occurrence and $5 Million in the aggregate, including products and completed operations, property damage, bodily injury, personal and advertising

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41 injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL.

2. AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.

3. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE: Worker’s Compensation as required by the Labor Code of the State of California with statutory limits, and Employer’s Liability Insurance for all employees in workplaces involved in this Agreement in the amount of, at least, $1,000,000 per accident for bodily injury or disease.

The Certificate of Insurance shall include waiver of subrogation endorsement in favor of the City for all work performed by the Contractor and its employees. (Not required if Contractor 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

4. CONTRACTORS POLLUTION LIABILITY and/or ASBESTOS POLLUTION LIABILITY (CPL) (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate.
a. If the services involve lead-based paint or asbestos identification / remediation, the Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold. b. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering hazardous materials to be transported by Contractor pursuant to the Agreement. This coverage may also be provided on the Contractors Pollution Liability policy.

5. 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. Such coverage shall name the City as a loss payee as their interest may appear.

6. SURETY BONDS.
a. Contractor shall provide a Labor and Material (Payment) Bond in a sum equal to the contract price, unless otherwise approved by City.
b. Contractor shall provide a Performance Bond in a sum equal to the contract price, unless otherwise approved by City. If the Performance Bond provides for a one-year warranty, a separate Maintenance Bond is not necessary.
c. If the warranty period specified in the contract is for longer than one year, a Maintenance Bond equal to 10% of the contract price is required.
d. Bond(s) shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Bonds must also be notarized by both Contractor and Surety.

C. OTHER INSURANCE PROVISIONS

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42 1. ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL, Contractors Pollution Liability and automobile insurance (if transporting hazardous materials policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Contractor 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 Contractor’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).

2. PRIMARY COVERAGE
For any claims related to this Agreement, Contractor’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 Contractor’s insurance and will not contribute with it.

3. NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.

4. WAIVER OF SUBROGATION
Contractor hereby grants to the City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Contractor 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.

5. 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.

6. SELF-INSURED RETENTIONS
Any self-insured retention must be declared to and approved by the City. City may require Contractor to provide proof of ability to pay losses and related expenses.

7. 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.

8. 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 Agreement or the beginning of contract work.

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43 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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

9. VERIFICATION OF COVERAGE
Contractor 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 Policies 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 Contractor’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.

10. SUBCONTRACTORS
Contractor 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.

11. 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 Contractor.

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 Documents; (B) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents 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:

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44 (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 Documents). (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 I), 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. Project Continuation During Resolution of Dispute
Contractor shall not halt the Work for any reason on account of any disagreement, claim, or other dispute resolution process. Nothing in this Section excuses Contractor from performing its duties required by the Contract Documents.

D. 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

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45 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:
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 Sub-subcontractors in exercise of the degree of care required of them under the Contract Documents for review of the Bid Documents prior to submission of the Bid.
(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 (Subcontracto’’s/Sub-subcontractor’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.

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46 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: _______________________________
E. 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.

All Claims and supporting documentation must be sent to the City by registered mail or certified mail with return receipt requested.
(ii)
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. (iii)
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.
(iv)
The City’s right to commence the dispute resolution process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the dispute. Nothing herein shall preclude the City from asserting disputes in response to a Claim asserted by Contractor.

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47 (v)
F. 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.

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. (ii)
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 Cit’’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.
(iii)
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.
(iv)
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). (v)
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

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

If the Contractor disputes the Cit’’s written response, or if the City fails to respond to a Claim issued pursuant to Section I) 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.

H. 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 will be subject to other dispute resolution procedures.

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. (ii)
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. (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. (iv)

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49 If mediation under this section does not resolve the parties’ dispute, this section does not preclude an arbitration of disputes under a private arbitration or the Public Works Contract Arbitration Program based on mutual agreement of the parties, in accordance with Section H. (v)
I. Claims for $375,000 or Less
Claims for $375,000 or less shall be resolved in accordance with California Public Contract Code Section 20104 et seq. by filing a court action after compliance with the Government Code claim process, wherein the court will order mediation of the dispute, unless the parties mutually agree to submit the dispute to binding arbitration under Section J.

J. Arbitration.
(i) Claims and disputes arising under or related to the performance of the Contract, for which mediation was waived or unsuccessful, shall be resolved by arbitration, unless City and Contractor mutually agree in writing, after the dispute has arisen, to waive arbitration and to have the dispute litigated in a court of competent jurisdiction, or resolved by other legallybinding method of final dispute resolution mutually agreeable to the parties. (ii) Arbitration will be pursuant to Article 7.1 (pursuant to Sections 22201 and 10240 of the California Public Contract Code and the Laws and Regulations promulgated thereto, Chapter 4 (commencing with Section 1300) of Division 2 of Title 1 of the California Code of Regulations.

Cost Responsibility: Each party shall be responsible for its own costs, including fees of attorneys and consultants, for the final resolution of the dispute. Arbitrator or court fees shall be shared equally by the City and Contractor.
(iii)
Unless the City and Contractor otherwise agree in writing, the arbitration decision shall be binding upon the parties, made under and in accordance with the laws of the State of California, supported by substantial evidence, and in writing. If the total of all Claims or cross Claims submitted to arbitration is in excess of $50,000, the award shall contain the basis for the decision, findings of fact, and conclusions of law. Any arbitration award shall be subject to confirmation, vacation, or correction under the procedures and on the grounds specified in the California Code of Civil Procedure including without limitation Section 1296. The expenses and fees of the arbitrators and the administrative fees of the AAA shall be divided among the parties equally. Each party shall pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. (iv)
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.
(v)
K. Government Code Claim

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50 Prior to filing any legal action against the City that seeks money or damages, Contractor must comply with the claim procedures for money or damages set forth in Government Code Sections 900, et seq. Such Government Code claim and any subsequent lawsuit based upon the Government Code claim shall be limited to those matters that remain unresolved after all required contractual procedures pertaining to the dispute have been followed by the Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

L. Legal Action
The venue for any legal action shall be the Superior Court of Santa Cruz.

4. Time of Completion
Attention is directed to the provisions in Section 8 (Commencement of Work, Time of Completion) of the Standard Specifications.

The Contractor shall promptly start the work and diligently prosecute the work to completion before the expiration of 70 calendar 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) Attention is directed to the provisions in Section 8.09 of the City’s Standard Specifications.

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 ($1500) 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, 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

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51 Prospective bidders shall visit the work site and determine for themselves the existing conditions at the Project site, including location of utilities.

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.

The Contractor shall take precaution so as to avoid damaging existing public facilities and private improvements.

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.

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 it will be held liable to the owners of such facilities for any damage or interference with service resulting from his/her operations.

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52 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 it 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 its 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.

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. Section intentionally removed.

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53 9. Notification of Project Commencement
Replace the final sentence of Section 8.02 of the City’s Standard Specifications with the following:

After receipt of such notice to proceed, the Contractor shall provide written notice to the Director of the Contractor’s intention to start work, at least five (5) business days prior to mobilizing to the Project site.

10. Work in Progress Schedule
Replace Section 8.03 of the City’s Standard Specifications with the following:

Unless not required by the Special Provisions, the Contractor shall, prior to beginning work, submit to the Director a practicable Project schedule in the form required by the Special Provisions showing the order and dates within which the Contractor proposes to carry out the Work. Contractor shall submit such schedule for review and approval at least five (5) days prior to the beginning of the Work.

11. Weekend, Holiday, and Night Work
Replace the first paragraph of Section 8.17 of the City’s Standard Specifications with the following:

The Contractor shall prepare a project schedule and submit it to the Engineer for his/her review and approval five (5) 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, or in case of an 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. Retention
In accordance with the Contract Documents and applicable law, the City may retain out of any payment due the Contractor up to 5% of the payment. In no event shall the City’s total retention proceeds exceed 5% of the contract price.

Under no circumstances shall any provision of this section be construed to limit the ability of the City to withhold 150 percent of the value of any disputed amount of work from the final payment, as provided for Public Contract Code section 710I). In the event of a good faith dispute, nothing in this section shall be construed to require a public entity to pay for work that is not approved or accepted in accordance with the proper plans or specifications.

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54 14. 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.

15. 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.

16. Apprentice Hiring Records and Compliance Forms
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 apprentice able 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 project and prior to commencing work. Failure to comply with any of the provisions of

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55 Chapter 3.10, including the maintenance of the records, will be deemed a breach of the Contract Documents or subcontract and may result in the Contractor or subcontractor being declared “nonresponsible” 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 non-compliance.

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 ).

17. Trenching Requirements
Pursuant to Labor Code Section 6705 and these General Conditions, before the excavation of any trench or trenches five (5) feet or more in depth, where the estimated contract expenditure is twenty-five thousand dollars ($25,000) or more, the Contractor shall submit a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. No excavation shall be started until said plan has been approved by the City Engineer. When the estimated contract expenditure is less than twenty-five thousand dollars ($25,000) the abovementioned shoring plan may be required at the discretion of the City Engineer prior to or during the course of construction.

Pursuant to Public Contract Code Section 7104, for any project which involves digging trenches or other excavations that extend deeper than four (4) feet:

1. The Contractor shall promptly, and before the following conditions are disturbed, notify the local public entity, in writing, of any:
a. Material that the Contractor believes may be hazardous waste material, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; b. Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

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56 2. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in the Contract.

3. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract Documents. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

18. Third Party Claims
Both parties shall timely notify the other of the receipt of any third-party claim relating to the Contract Documents or Project. The City shall be entitled to recover its reasonable costs incurred in providing such notice.

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

20. 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 the Contract Documents to bind City to any obligation whatsoever.

21. Conflicts of Interest
Contractor owes City a duty of loyalty in performing the Work and services under the Contract Documents. 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 the Contract Documents.

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 the Agreement.

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57 22. 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.

0. Equal Employment Opportunity/Non-Discrimination Policies City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law.

Contractor must comply with all applicable Federal and State and local equal employment opportunity laws, regulations, ordinances, and resolutions, 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.

0. Termination
Replace Section 8.10 of the City’s Standard Specifications with the following:

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 Agreement, City may proceed to:
- declare Contractor to be in default, and give Contractor (and any surety) written notice that the Agreement is terminated; and
- enforce the rights available to City under any applicable performance bond.

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58 Subject to the terms and operation of any applicable performance bond, if City has terminated the Agreement 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 Agreement 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 Agreement 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 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 Agreement. 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

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59 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 Agreement and recover payment for Work actually performed.

In lieu of terminating the Agreement 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.

1. California Air Resources Board (CARB) Requirement for Certificate of Reported Compliance a. Contractor and Subcontractors shall maintain compliance with California Air Resources Board (CARB) requirement for certificate of reported compliance regarding in-use off-road diesel-fueled fleets regulation as stated in California Code of Regulations, Title 13 § 2449 et seq. Non-compliant vehicles are not permitted onsite unless and until Contractor provides City with a valid Certificate of Reported compliance.

Contractor must provide a statement verifying whether they comply or whether they are exempt from the regulation as part of responding to the bid. If in-use off-road diesel-fueled fleets regulation is applicable to the project, the successful Contractor shall submit a CARB’s Certificate of Reported Compliance (Certificate) for vehicles subject to Cal. Code Regs., Title 13 § 2449 et seq., by no later than four calendar (4) days after receipt of the Notice of Award. b.

Contractor is solely liable for all costs associated with compliance of all regulations imposed by CARB including, without limitation, Title 13 and all pending amendments, as well as all penalties, fines, damages, or costs associated with violations or failures to comply with these regulations.

Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, employees, agents, and authorized volunteers free and harmless from any claims, liabilities, costs, penalties, or interest arising from failure to comply with the aforementioned regulations. c.

2. Assignment of Unfair Business Practice Claims
In accordance with California Public Contract Code Section 7103.5, the Contractor and any subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action the Contractor or any subcontractors may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases

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60 of goods, services or materials pursuant to this contract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.

3. Prevailing Wage
Replace Section 7.04 of the City’s Standard Specifications with the following:
a. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Contractor will be responsible for verifying compliance with all prevailing wage laws and regulations for all subcontractors.
b. As required by § 1770 and subsequent sections of the California Labor Code, the Contractor and all subcontractors will pay no less than the prevailing rate of wages as determined by the Director of the California Department of Industrial Relations as applicable to the date of the Construction Agreement. c. A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work at the time the contract is awarded. Refer to DIR website, www.dir.ca.gov, to register and to find the correct wage rates and answers to questions related to prevailing wage requirements.
d. The Contractor and all subcontractors must submit to the Labor Commissioner of the DIR, on regular intervals (weekly, biweekly, or monthly), electronic certified payroll records as specified by SB 854. Payroll records will contain all the information required pursuant to Labor Code Section 1776 and be signed under penalty of perjury. e. The Contractor will post job site notices prescribed by DIR regulation.

4. Public Safety
Add as a new first paragraph of Section 7.10 of the City of Santa Cruz Standard Specifications the following:

In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the Work site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to the normal working hours identified in these General Conditions. For purposes of California Labor Code Section 6400 and related provisions of law, the Contractor and the Contractor’s privities and any other entities engaged in the performance of the Work will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or Contractors will be “employers” pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor’s privities or other entities engaged in the performance of the Work.
[End of Section]

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61 EXHIBIT I

TECHNICAL SPECIFICATIONS
___________________________________
Michael Burke / PG No. 6801
Professional Geologist

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62 1. INTENT AND PURPOSE OF CONTRACT DOCUMENTS
The City of Santa Cruz Water Department (City) desires to rehabilitate Tait Wells 1B, 3B, and 4, and Beltz Well 10, by chemical and mechanical means to restore lost well performance. Beltz 10 was never fully and properly developed after well construction due to limitations that existed at that time for the disposal of well development water. That situation has since been resolved and the City now seeks to maximize the production capacity of the well through a rigorous well rehabilitation/well development program. Table 1 provides a summary of relevant information pertaining to the Tait Wells, and Table 2 presents a summary of information for Beltz 10. As-built drawings of the four wells are included in Appendix A.

Table 1. As-Built Construction Summary – Tait Wells
Well Feature Tait 1B Tait 3B Tait 4
Year of Construction 2014 2014 1992
Casing Material Stainless Steel Stainless Steel Mild Steel Blank Stainless Screen
Total Well Depth (ft bgs) 86 87 71
Casing Diameter (in) 14 14 12
Screen Interval(s) (ft bgs) 49 to 79 49 to 79 46 to 61
Total Screen Length (feet) 30 30 15
Screen Design Wire-wrap Wire-wrap Wire-wrap
Screen Opening (in) 0.050 0.050 0.110
Baseline Test Rate (gpm)/
Specific Capacity (gpm/ft) 729/32.7 477/22.1 420/14.0
Recent Test Rate (gpm)/
Specific Capacity (gpm/ft)
610/19.1
March 2023
189/6.7
March 2023
95/2.6
May 2023
Submersible Pump Diameter (in) 6 6 6
Pump Setting Depth (ft) 73 73 60
Pump Column Material Boreline Boreline Boreline
Pump Column Diameter (in) 5 5 5
April 2024 Static Water Level (ft) 15 15 10

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63 Table 2. As-Built Construction Summary – Beltz Well No 10 Well Feature Beltz 10
Year of Construction 2004
Casing Material Stainless Steel
Total Well Depth (ft bgs) 362
Casing Diameter (in) 8
Screen Interval(s) (ft bgs)
100 to 140
200 to 271
301 to 327
337 to 357
Total Screen Length (feet) 157
Screen Design Wire-wrap
Screen Opening (in)

0.040

0.030

0.020

0.020
Baseline Test Rate (gpm)/
Specific Capacity (gpm/ft) 205/12.6
Recent Test Rate (gpm)/
Specific Capacity (gpm/ft)
60/1.6
March 2023
Submersible Pump Diameter (in) 6
Pump Setting Depth (ft) 185
Pump Column Material Certa-Lok PVC
Pump Column Diameter (in) 4
April 2024 Static Water Level (ft) 50

2. LOCATION AND SITE CONDITIONS
Tait. The City’s Tait Wellfield is located at the western terminus of Crossing Street which runs east-west from the Ocean Street Extension to the San Lorenzo River. The location of the site is shown in Figure 1. Tait Wells 1B and 3B are located within City owned easements where the equipment can be set up to service the wells. The City’s Tait 4 site encompasses an area of approximately 8,400 square feet surrounded by a chain-link fence on the north, east, and south sides, and will serve as the main staging area for equipment and fluid handling tanks. The general layout of the Tait site layout is shown in Figure

2. Figure 2 also indicates where discharges of clean produced water will occur during the project.

Beltz 10. The Beltz 10 site is located on 34th Avenue in the Live Oak area of Santa Cruz County, just south of the intersection of 34th Avenue and Roland Drive, as shown in Figure 3. The site is a rectangular parcel encompassing an area of approximately 7,700 square feet surrounded by a locking

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64 fence. The general layout of the Beltz 10 site layout is shown in Figure 4. An inactive test well (Beltz 11) and a monitoring well (Beltz 7) are also located at the Beltz 10 site.

Water produced during the rehabilitation of Beltz 10 will be conveyed through the City’s raw water pipeline to the Beltz Water Treatment Plant (WTP) site located near Roland Drive and 38th Avenue; approximately 1,050 feet east of the Beltz 10 site. One element of the rehabilitation project is for the Contractor to assemble an above ground 4-inch diameter PVC pipeline from the raw water pipeline at the Beltz WTP to a nearby storm drain inlet where clear water discharges may occur. The general layout of the Beltz WTP site and the route of the PVC pipeline are shown in Figure 5.

It shall be the responsibility of the Contractor to inspect and become familiar with all of the project sites and site conditions and make provisions for physically moving onto and off the site with personnel, equipment, supplies, and materials. The City will provided the Contractor with access to all project sites; however, site security during the project will be the responsibility of the Contractor. The City will not be responsible for theft and/or vandalism that may occur during the project.

3. SCOPE OF WORK
The Contractor shall provide all equipment, labor, chemicals, chemical mixing vessels, and temporary fluid storage and conditioning facilities to complete the work outlined in these specifications, and as directed by the Owner’s Technical Representative (OTR). Generally, the work shall consist of:
• Removal of existing pump assembly
• Inspection and assessment of pumping equipment
• Pre-rehabilitation video surveying
• Nylon brushing the well screen
• Cleaning of the well screen by hydraulic pressure jetting • Bailing the well to bottom
• Installation of tanks, piping, and treatment system for discharge water • Installation of a 4-inch PVC pipeline at the Beltz WTP from the raw water pipeline to the storm drain inlet
• Pre-chemical development by airlift/swabbing with dual swab • Chemical treatment
• Agitation by swabbing
• Post-chemical development by airlift/swabbing with dual swab • Post-rehabilitation video surveying
• Well disinfection
• Reinstallation of City’s pump assembly

4. PROJECT SCHEDULE
The following schedule has been established for the 2024 Well Rehabilitation Project:
• Thursday, June 20, 2024 – Notice of Award to Contractor. • Thursday, June 27, 2024 – Notice to Proceed.

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65 • Monday, July 15 through Friday, September 23, 2024 – Execution of Field Activities • Monday, September 23, 2024 – All wells back in service.

The City desires to perform and complete the work on Beltz 10 prior to initiating work on the Tait wells.

The Contractor shall perform work on an 8-hour per day schedule, between the hours of 8 a.m. and 5 p.m., Monday through Friday, and without significant delays. The project's total duration for field operations is estimated to be 70 calendar days. It is understood that the Contractor will anticipate any adverse weather conditions and will take the necessary measures to ensure that work will progress to the completion of the project.

In the event that the City must operate the Beltz WTP during the project, the raw water pipeline will be unavailable for the conveyance of water from the Beltz 10 site to the Betlz WTP, and operations requiring the discharge of water must be suspended until the raw water line is available.

A construction schedule must be submitted with the bid for review by the City.

5. QUALIFICATIONS OF THE CONTRACTOR
Contractor shall be familiar with all aspects of the work outlined in these specifications and shall possess a valid Class C-57 and/or C-61/D-21 California Contractor’s License. Qualified bidders shall also have experience within the past 5 years performing similar mechanical/chemical well rehabilitation. The Contractor shall submit a list of projects on which he/she has performed well rehabilitation of a similarly scope within the past five years.

6. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Contractor shall perform all work in strict accordance with all Federal, State, and local regulations, including those applying to the handling, transportation, and disposal of chemicals used or produced on the project. Contractor shall also obtain all permits required for the performance of the work outlined in these specifications.

7. SAFETY
Job site safety, both during and after working hours, is the sole responsibility of the Contractor.

The Contractor, his/her employees and subcontractors shall be familiar with and comply with all applicable safety regulations and guidelines relating to the transportation, handling, and disposal of any chemicals to be utilized for the work as well as other aspects of the work, including electrical and mechanical safety guidelines and regulations. The Contractor shall also provide for and ensure public safety around the site both during and after work hours. The Contractor shall notify local fire department or emergency response agencies of the nature, quantity, and location of chemicals used during the project work (as applicable). Contractor must comply with all City Safety requirements.

19.67 2024 Well Rehabilitation Project
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66 Contractor shall provide and maintain onsite the necessary equipment and materials for chemical mist and spray migration abatement, spill containment, neutralization, and cleanup of the chemicals utilized or produced during the project work. The Contractor shall be held responsible for any and all damages caused by fugitive chemical releases, including mist, spray, and spills. The Contractor shall address mitigation of chemical mist or spray which may occur during the raising and lowering of tools while the chemical solution is in the well. If the OTR determines that any of the Contractor’s mitigation equipment, mitigation methods, safety measures, or safety equipment onsite are inadequate or inappropriate, he shall stop all work until the safety issue is corrected. No payment for standby time or equipment rental shall be made for such delays in the work.

8. BEST MANAGEMENT PRACTICES
The Contractor shall implement, install, and maintain Best Management Practices (BMPs) for the control of nuisance water and storm water. The BMPs shall be adequate to prevent erosion and runoff of sediment laden water from the work sites. The BMPs shall also be adequate to prevent the accidental release of nuisance water or drilling fluids from the sites, and shall include, but not be limited to, the use of waddles, sandbags, and pumps. The BMPs for the project shall be submitted to and approved by the OTR prior to mobilization.

9. WATER SUPPLY
Tait. Water supply at the Tait site is available from the City’s distribution system through a connection inside the Tait 4 staging area. It shall be the Contractor’s responsibility to supply all hoses and fittings to convey water from the water source to the point of use. The Contractor shall be required to checkout a construction hydrant flow meter from the Santa Cruz Municipal Utilities Department.

Beltz 10. Water supply at the Beltz 10 site may be obtained from the City’s potable distribution system at the site.

The City will make construction water available, at bulk water stations, onsite hydrants or connections, for use so long as the Contractor employs sound water conservation practices in compliance with and subject to the enforcement provisions of Chapter 16.02 of the City’s Municipal Code. Hydrant meters may be available by contacting the engineering counter at the Water Department 831-420-5210. Any fees are the Contractor’s responsibility.

10. DISCHARGE WATER
The Contractor shall establish a discharge water containment, treatment, and water clarification system at each of the two sites (Tait and Beltz 10) ) to allow for acid neutralization, dichlorination, settlement of solids, and water clarification prior to discharge of decanted water to the designated discharge locations. The discharge water system shall consist of a small (approximately 1,000 gallons minimum), internally baffled tank to receive the initial water produced during airlift pumping. Chitosan Acetate Solution (HaloClear Liquifloc 1%, or equivalent) shall be introduced, as needed, to the first chamber of the receiving tank. From the receiving tank, the system shall consist of three ‘mini’ Adler

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67 tanks (or approved equal), each baffled, and connected in series. The Contractor shall provide hoses and pumps of sufficient capacity for the circulation of water through the tank system. At the Beltz 10 site, the system shall include pump of sufficient production capacity and horsepower to convey discharge water from the tank system to the Beltz WTP via the raw water pipeline.

A fourth tank, isolated from the treatment tank system, shall be used for temporary containment of fluids flushed from the wells following chemical treatment. Water in the isolated tank shall be neutralized and introduced to the tank system via the receiving tank. Water flushed from the well following chemical treatment shall be routed to the isolated tank via closed pipe.

Photographs of examples of a receiving water tank and a ‘mini’ Adler tank connected in series are included in Appendix A, along with a brochure for a ‘mini’ Adler tank.

Discharges will occur under the Statewide General NPDES Permit for Drinking Water System Discharges (SWRCB Order WQ 2014-0194-DWQ, General Order No. CAG 140001), available for download here:
https://www.waterboards.ca.gov/water_issues/programs/npdes/docs/drinkingwater/final_statewid e_wqo2014_0194_dwq.pdf
The City has filed a Notice-of-Intent (NOI) to discharge and has been enrolled under the General NPDES Permit. Only discharges meeting the NPDES requirements, including water quality objectives outlined in the Water Quality Control Plan for the Central Coastal Basin (Basin Plan) shall be discharged to the San Lorenzo River or the storm drain system, which will be dependent on both the discharge water and receiving water conditions. The OTR will routinely monitor project discharges and the receiving water conditions in compliance with the NPDES requirements during the project and as outlined below.

A handheld field turbidity meter shall be used, provided the meter utilizes a U.S. EPA-approved algorithm/method and is calibrated and maintained in accordance with the manufacturer’s instructions.

The Discharger shall maintain a calibration and maintenance log for each meter used for monitoring required by this Monitoring and Reporting Program. Colorimeters must be EPA-Accepted (Hach PocketColorimeter II – Model 5870000 or similar).

Sampling should occur downstream of implemented BMPs at location where discharge is not diluted by any other flow or body of water according to the following schedule:
• Less than 20 minutes: one sample required during the first 10 minutes of the discharge. • 20 to 60 minutes: one sample required during the first 10 minutes, plus a second sample within the last 10 minutes of the discharge.
• Over 60 minutes: One sample required during the first 10 minutes, a second sample required within the next 50 minutes, and a third sample required within the last 10 minutes or as close to the end of the discharge as feasible.

Under no circumstances shall discharges occur to the storm drain system without the approval of the OTR. Waters shall be free of changes in turbidity that cause nuisance or adversely affect beneficial uses. Increase in turbidity attributable to controllable water quality factors shall not exceed the following limits:

19.69 2024 Well Rehabilitation Project
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68 1. Where natural turbidity is between 0 and 50 Nephelometric Turbidity Units (NTU), increases shall not exceed 20 percent.

2. Where natural turbidity is between 50 and 100 NTU, increases shall not exceed 10 NTU.

3. Where natural turbidity is greater than 100 NTU, increases shall not exceed 10 percent.

Allowable zones of dilution within which higher concentrations will be tolerated will be defined for each discharge in discharge permits.

The Contractor is responsible for meeting general criteria for discharges as stated in the General Permit through the implementation of BMPs. The BMP implementation plan shall be provided to the OTR at the preconstruction meeting. The general criteria for discharges stated in the General Permit are as follows:
• Discharges shall not migrate outside of the designated discharge area; • Discharges shall not cause erosion within or outside of the discharge area • The pH of the discharge water shall be in the range of 6.5 to 8.5; and • Discharges shall contain no residual total chlorine (less than 0.019 mg/l).

It is the Contractor’s responsibility to configure and maintain the settling tank treatment system so that water quality conditions stated above are met. Standby time will not be paid for failure to achieve discharge standards.

11. SERVICES TO BE PROVIDED BY THE CITY
The City will conduct an active public information effort to keep neighbors informed of project status and respond to neighborhood concerns. Neighbors will be provided with telephone numbers for contacting City staff and the OTR. Contractor should not communicate to public directly. Refer them to the OTR or City staff.

Dissolved Oxygen Must remain above 7.0 mg/L at all times, median values should not fall below 85% saturation
pH pH should remain between 7.0 and 8.5, with changes in ambient pH not exceeding 0.5
Turbidity If natural turbidity = 0-50 NTU, increase < 20%; natural turbidity = 50-100 NTU, increase < 10 NTU;
natural turbidity > 100 NTU, increase < 10%.

Temperature No increase by more than 5°F above natural receiving water temperature
(1) Exceedance objectives chosen were based on the combined criteria for all potential beneficial of freshwater.

Source: Water Quality Control Plan for the Central Coast Basin

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69 12. CONTRACTOR'S EQUIPMENT
The Contractor shall provide all necessary equipment, tools, and appurtenances for the timely completion of the work. Contractor's equipment shall be in complete and safe operating condition and shall be appropriately maintained and operated during the project. Contractor shall provide materials and equipment as required to protect existing facilities from damage by rehabilitation chemicals. The Contractor shall be solely responsible for the condition of his/her equipment and shall maintain an inventory of necessary spare parts for the timely repair of equipment in the event of a failure or breakdown.

No payment shall be made for standby time or equipment rental caused by a breakdown or failure of the Contractor's equipment. Equipment necessary for the work shall include, but not be limited to, the following items:
• Pump rig capable of lifting the bailer or pipe assembly at a minimum velocity of 3 feet/second. • Weighted nylon brush block of appropriate diameter
• Hydraulic pressure jetting unit with multiple nozzles on a self-rotating head, with centralizers and a baseplate
• 6- to 12-inch-nominal-diameter bailers
• Single wire line surge block, appropriately sized for 10-inch, 12-inch, and 14-inch nominal casing diameters.
• Dual-swab isolation tool with airlift pumping capability, with 5 feet of separation between swabs, and diameters appropriately sized to well diameter (approximately 0.25-inches less than effective diameter of well screen. A submersible pump shall be used in place of an airline should there be insufficient submergence required for airlifting.
• Temporary discharge treatment system consisting of a minimum of a Chitosan flocculent injection system and three portable storage tanks (mini-Adler tanks, or approved equal), internally baffled and connected in series for treatment and storage of well discharge water • One isolated portable storage tanks for temporary holding of post-chemical flush water • Temporary piping and valves for well pump discharge and storage tank piping • Pumps of sufficient capacity for transferring and circulating fluids in tanks and to the Beltz WTP during work on Beltz 10
• Temporary containment vessel for bailed fluids and solids removed from the well • Chemical pre-mix tank, minimum capacity 1,000 gallons • Electric water-level sounder
• Rossum sand testing device
To mitigate noise impact throughout the duration of the project, the Contractor shall provide residential grade mufflers, silencers, and other noise attenuating devices (Universal Silencers type EN4 or equivalent; minimum insertion loss of 15 dB at 63 Hz or equal as approved by the OTR) on all equipment. No internal combustion engine shall be operated on the project without said muffler.

In no case shall noise levels produced by the Contractor exceed 75 decibels (dBA) at the edge of the property line of the property from which the sound is broadcast, as registered on a sound measuring instrument meeting the American National Standard Institute’s Standard S1.4-1971 (or more

19.71 2024 Well Rehabilitation Project
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70 recent revision thereof) for Type 1 or Type 2 sound level meters, or an instrument which provides equivalent data.

13. PROCEDURES AND MATERIALS
The following schedule of work describes the procedures to be employed and adhered to for the rehabilitation of the wells, and provides descriptions of the materials required. The following tasks also serve as a basis for Contractor costs, and are included and enumerated on the Contractor Bid Sheet.

Task 1 – Mobilization/Demobilization. Mobilization shall consist of all preparatory work and materials necessary for project field operations at all project sites; the Tait well site, the Beltz 10 well site, and the Beltz Treatment Plant site. Mobilization shall include but shall not be limited to: the movement of personnel, equipment, supplies, and incidentals to the project site; establishment of Best Management Practices (BMPs) for the control of water; and provision of all other facilities necessary for work on the project. This task also included doing all work and furnishing all materials necessary to maintaining the well site in a safe, clean, and professional manner during the project. Mobilization shall also include the establishment and maintenance of portable restroom facilities at each of the project sites during the execution of field activities. Demobilization shall consist of post construction work and operations, including, but not limited to restoration of surfaces, site cleanup and restoration, temporary traffic control, movement of personnel, equipment, suppliers, and incidentals from the project site, breakdown of all temporary facilities necessary for work on the project as to the site owners satisfaction; and for all other work and operations which must be performed or costs incurred after the completion of construction work on the site. After the completion of construction activities, site cleanup and restoration will include all labor, material, and equipment to return the site to the preconstruction condition.

Payment for Mobilization/Demobilization shall be made at the contract lump-sum bid price.

Task 2 – Pump Removal, Inspection, Reinstallation. The Contractor shall remove the existing pump assembly from well, inspect all components of the assembly (including pump columns/flexible drop pipes), and provide a written description of their assessment of the pump and recommendations for repair or replacement of any of the components. Prior to demobilizing from the site, the Contractor shall reinstall the pump (existing or replacement) to the same depth setting that was in place prior to the rehabilitation project.

Payment for Pump Removal, Inspection, and Reinstallation shall be made at the contract lump-sum bid price.

Task 3 – Pre-rehabilitation Video Survey. The video survey shall include downhole and sidecan views of the well screen and shall be performed as directed by the OTR. The video survey shall include a written report of the survey to be completed by the video survey technician, and the report shall include still photos of the various elements of the well casing. Digital and pdf copies of the report shall be provided to the OTR. The vide survey provider shall provide an online link for the entire survey.

Payment for Pre-Rehabilitation Video Survey shall be made at the contract lump-sum bid price.

19.72 2024 Well Rehabilitation Project
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71 Task 4 – Wire Brushing. The entire well screen shall be cleaned using a weighted, appropriately sized nylon brush. Each 10-foot section of well screen shall be brushed for 30 minutes. At the completion of the brushing, the depth of the well shall be sounded and recorded. All material accumulated in the bottom of the well shall be removed by bailing. Bailed solids and fluids shall be placed in a temporary containment vessel and legally disposed of prior to Contractor demobilization from the site.

Payment for Wire Brushing shall be made at the contract lump-sum bid price.

Task 5 – Hydraulic Pressure Jet Cleaning. The well casing shall be cleaned by hydraulic pressure jetting using the WELLJETR method or approved equal. The pressure jetting unit shall have multiple nozzles on a self-rotating head, with centralizers and a baseplate to avoid direct contact between the nozzles and the well casing and screen. The unit shall be on a hydraulically controlled hose and spool for steady downhole deployment and retrieval. The pressure jetting shall be completed in one pass upward through the screen from the bottom of the screen to the top of the screen. The operational pressure shall be in the 16,000 psi to 20,000 psi range with exit velocities at the nozzle tips in the range of 1,700 ft/sec to 2,000 ft/sec, and rotational capability of 20 to 75 rpms. The Contractor shall review available well information and assess the condition of the casing and the well screens from the pre-rehabilitation video survey and provide recommendations for the various process variables (tool size, rotational speed, flow, retrieval rate). These recommendations will be reviewed by and approved of by the City and the OTR. At the completion of the pressure jet cleaning, the depth of the well shall be sounded and recorded.

Payment for Hydraulic Pressure Jet Cleaning shall be made at the contract lump-sum bid price.

Task 6 – Bailing. All material accumulated in the bottom of the well shall be removed by bailing. Bailed solids and fluids shall be placed in a temporary containment vessel and legally disposed of prior to Contractor demobilization from the site.

Payment for Bailing shall be made at the contract lump-sum bid price.

Task 7 – Tanks, Piping, and Treatment System. The Contractor shall establish a discharge water containment, treatment, and water clarification system at each of the two sites (Tait and Beltz 10) ) to allow acid neutralization, dichlorination, settlement of solids, and water clarification prior to discharge of decanted water to the designated discharge locations. The discharge water system shall consist of a small (approximately 1,000 gallons minimum), internally baffled tank to receive the initial water produced during airlift pumping. Chitosan Acetate Solution (HaloClear Liquifloc 1%, or equivalent) shall be introduced, as needed, to the first chamber of the receiving tank. From the receiving tank, the system shall consist of three ‘mini’ Adler tanks (or approved equal), each baffled, and connected in series. The Contractor shall provide hoses and pumps of sufficient capacity for the circulation of water through the tank system. At the Beltz 10 site, the system shall include pump of sufficient production capacity and horsepower to convey discharge water from the tank system to the Beltz WTP via the raw water pipeline.

A backflow preventer shall be installed on the raw water pipeline at the Beltz WTP.

19.73 2024 Well Rehabilitation Project
WT- 0120
72 The Contractor shall construct a temporary, 4-inch diameter PVC pipeline at the Beltz WTP to convey water from the raw water pipeline to the storm drain inlet. The location of the pipeline is shown on Figure

5. The pipeline shall include a section that allows vehicle access where the pipeline crosses the driveway.

A plan showing the proposed layout of the pipeline, tanks, and locations of the various valves, ports, and other fittings shall be submitted prior to mobilization, and is subject to the approval of the OTR.

Payment for Tanks, Piping, and Treatment System shall be made at the contract lump-sum bid price.

Task 8 – Pre-Chemical Airlift/Swab Development. Using the dual-swab assembly fitted with air-line (or submersible pump if airlifting is not viable), the well shall be developed by airlifting while simultaneously swabbing. Each 10-foot section of horizontal-slot screen shall be airlifted/swabbed for 30 minutes, starting from the top of the perforations, and working down to the bottom of the well screen.

This procedure shall be repeated starting from the bottom of the well screen and working upward to the top of the well screen. Water produced during the airlift pumping shall be routed through the temporary treatment system for solids settling prior to discharge of the decanted water to the designated discharge point.

Payment for Pre-Chemical Airlift/Swab Development shall be made at the contract hourly bid price.

Task 9 – Chemicals. The following materials shall be utilized in the chemical treatment of the well. All chemicals shall be NSF 60 certified for use in drinking water applications. The quantities of the chemicals listed are estimated based on existing water levels and well dimensions. No substitutions of chemical type shall be allowed without the prior written approval of the OTR.

Chemical Requirements
Chemical Purpose
Required Volume (gallons)R
Tait 1B Tait 3B Tait 4 Beltz 10
70% wt. Glycolic Acid* Biocide 25 25 10 45
28% wt. Hydrochloric Acid** Mineral Acid 150 150 55 260

12.5% Sodium Hypochlorite Disinfectant 2.5 2.5 1.5 3.5
Sodium Thiosulfate Dechlorinator As needed
Lime or Sodium Hydroxide Neutralizer As needed
* With surfactant and dispersant additives
** With corrosion inhibitor
Prior to mobilization, the Contractor shall provide to the OTR for approval a list of the types and quantities of chemicals to be used for the redevelopment work. The Contractor shall provide suitable mixing tanks, transfer pumps, and agitators as necessary to accurately prepare, dilute, and inject the chemicals. The Contractor shall, at the completion of the work, legally dispose of all empty chemical containers or return them to the manufacturer. The Contractor shall obtain OSHA Material Safety Data Sheets (MSDS) for all chemicals. Copies of MSDS sheets shall be provided to the OTR prior to mobilization, and the Contractor shall retain copies of MSDS sheets onsite at all times.

Task 10 – Application of Chemicals. The hydrochloric and glycolic acids shall be mixed proportionately in the 1,000 gallon (minimum) chemical pre-mix tank. Starting at the top of the screen, the mixture shall

19.74 2024 Well Rehabilitation Project
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73 be introduced into the well through the dual-swab assembly at each 10-foot section of horizontal-slot screen in an amount proportional to the total screened interval. Chemicals shall be worked into the formation through vigorous swabbing of each 10-foot section for 10 minutes before proceeding to the next section. The introduction of chemicals and swabbing while chemicals are placed shall be performed in a continuous operation. From the bottom of the screen, each 10-foot section shall be swabbed on a pass upward through the screen. Once the chemicals are introduced, the dual swab assembly and educator pipe shall be removed from the well, and the Contractor shall allow the well to stand idle overnight.

Task 11 – Swabbing of Chemical Solution. Following introduction of the chemicals and the initial overnight idle period, each screened section shall be vigorously swabbed using the single line surge block.

The swabbing shall be performed in two episodes, each with a duration of three hours (6 hours total).

Task 12 –Chemical Purging and Airlift/Swab Development. Using the dual-swab assembly fitted with air-line, each 20-foot horizontal-slot screen section shall be airlifted while simultaneously swabbed for 15 minutes, starting from the top of the perforations and working down to the bottom of the well screen. This procedure shall be repeated once, with each 10 -foot section of screen developed for 30 minutes. The OTR may shorten or extend the amount of simultaneous airlifting and swabbing performed on each section based on the OTR’s determination that airlift/swabbing of each section is complete. The initial water produced during the flushing shall be routed to the isolated portable storage tank. Water produced during subsequent airlift pumping shall be routed through the temporary treatment system for solids settling and neutralization prior to discharge of the decanted water to the designated discharge point. During the flushing of the acid solution from the well, Contractor shall neutralize the cleaning solution by placing lime or other base neutralizer in the storage tanks under the direction of the OTR. Flushing will be deemed complete when the pH of the water produced from the well reaches 6 and the discharge is clear. Discharge water may be routed to the designated discharge point when the OTR has determined that the solution has been sufficiently neutralized and discharge limitations of the NPDES permit have been met.

Upon removal of the airlift swab assembly and piping, the Contractor shall tag and record the depth of the well, and remove any accumulated fill by bailing.

Payment for Chemical Purging and Airlift/Swab Development shall be made at the contract hourly bid price.

Task 13 – Post-Rehabilitation Video Survey. The video survey shall include downhole and sidescan views of the well screen, and shall be performed as directed by the District’s Technical Representative (OTR). The video survey shall include a written report of the survey to be completed by the video survey technician, and the report shall include still photos of the various elements of the well casing. Digital and pdf copies of the report shall be provided to the DTR. The vide survey provider shall provide an online link for the entire survey.

Payment for Post-Rehabilitation Video Survey shall be made at the contract lump-sum bid price.

Task 14 – Disinfection. Well disinfections shall be performed in accordance with AWWA standard C654-21. Following well testing the well shall be disinfected by introducing sodium hypochlorite solution in sufficient quantity to achieve a concentration of approximately 500 ppm available chlorine when mixed with the total volume of water in the well and gravel pack. All accessible portions of the well above the water level shall be maintained in a damp condition with water containing the required concentration of

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74 chlorine for a period of not less than 20 minutes. The chlorine solution shall be left in the well for a period of at least 24 hours.

After the 24 hour contact period, water shall be flush from the well into the onsite holding tanks until the produced water is free of chlorine. Complete flushing shall be evidenced by a total chlorine residual of less than 0.019 ppm total chlorine. After disinfection and flushing, the OTR shall sample the well water for coliform bacteria in accordance with Standard Method 908C. The Contractor shall neutralize the water in the tanks until the total chlorine residual is below 0.019. Once the residual total chlorine is less than

0.019 ppm the water in the tanks may be discharge provided that all other water quality discharge limitations are met.

Payment for Disinfection shall be made at the contract lump-sum bid price.

19.76 FIGURES

19.77 TAIT PROJECT SITE
2024 Well Rehabilitation ProjectCity of Santa Cruz Water Department FIGURE 1. TAIT WELL SITE LOCATION MAP
2024 Well Rehabilitation Project
City of Santa Cruz Water Department

19.78 FIGURE 2. TAIT WELL SITE LAYOUT MAP
2024 Well Rehabilitation Project
City of Santa Cruz Water Department
2024 Well Rehabilitation ProjectCity of Santa Cruz Water Department TAIT 4
TAIT 3B
TAIT 1B
Crossing Street
Staging Area for Equipmentand Fluid Treatment System
Discharge Location to
San Lorenzo River

19.79 Scale, feet
0 500
2024 Well Rehabilitation Project
City of Santa Cruz Water Department
FIGURE 3. BELTZ 10 SITE LOCATION MAP
2024 Well Rehabilitation Project
City of Santa Cruz Water Department

19.80 Scale, feet
0 50
2024 Well Rehabilitation Project
City of Santa Cruz Water Department
FIGURE 4. BELTZ 10 SITE LAYOUT MAP
2024 Well Rehabilitation Project
City of Santa Cruz Water Department
Roland Drive
34th Avenue

19.81 FIGURE 5. BELTZ TREATMENT PLANT SITE LAYOUT MAP
2024 Well Rehabilitation Project
City of Santa Cruz Water Department
2024 Well Rehabilitation ProjectCity of Santa Cruz Water Department Stormdrain
Beltz 8
4" PVC Stormdrain
Discharge Pipeline

19.82 APPENDIX A

SUPPORTING DOCUMENTATION

19.83 19.84
Gravel Pack, Premier Silica, 8 x 16 Gradation
Casing Cellar, Stainless Steel (304)
14- inch Diameter, 0.25- inch Wall Thickness
Well Screen,14-inch Diameter, Stainless Steel
Continuous Wire-Wrap, 0.050- inch Openings
Blank Casing, Stainless Steel (304),
14- inch Diameter, 0.25-inch Wall Thickness
Sanitary Annular Seal
24 - inch Diameter Borehole
Gravel Feed Tube, Stainless Steel, 3-inch Diameter
Conductor Casing, 26-inch Diameter
Mild Steel, 0.25-inch Wall Thickness
(34-inch Borehole)
Bentonite Annular Seal
Tait Wells Replacement Project
City of Santa Cruz CWO 2014-002
FIGURE 3. TAIT 1B AS-BUILT DRAWING
Tait Wells Replacement Project
City of Santa Cruz
3 ft. Above Ground Stickup of Well Casing
13 40
43 47
49 79
86 Surface Conductor Casing
38-inch Diameter CMP (44-inch Borehole)
Depths in Ft Below
Ground Surface
TAIT 1B

19.85 Gravel Pack, Premier Silica, 8 x 16 Gradation
Casing Cellar, Stainless Steel (304)
14- inch Diameter, 0.25- inch Wall Thickness
Well Screen,14-inch Diameter, Stainless Steel
Continuous Wire-Wrap, 0.050- inch Openings
Blank Casing, Stainless Steel (304),
14- inch Diameter, 0.25-inch Wall Thickness
Sanitary Annular Seal
24 - inch Diameter Borehole
Gravel Feed Tube, Stainless Steel, 3-inch Diameter
Conductor Casing, 26-inch Diameter
Mild Steel, 0.25-inch Wall Thickness
(34-inch Borehole)
Bentonite Annular Seal
Tait Wells Replacement Project
City of Santa Cruz CWO 2014-002
FIGURE 3. TAIT 3B AS-BUILT DRAWING
Tait Wells Replacement Project
City of Santa Cruz
3 ft. Above Ground Stickup of Well Casing
11 26
30 40

48.5 78.5

86.5 90
Surface Conductor Casing
38-inch Diameter CMP (44-inch Borehole)
Depths in Ft Below
Ground Surface
TAIT 3B

19.86 19.87
2024 Well Rehabilitation Project
City of Santa Cruz Water Department

FLUID HANDLING TANK EXAMPLES
2024 Well Rehabilitation Project
City of Santa Cruz Water Department
Airlift Discharge Receiving Tank,
Baffled, Approx. 1,000 gallons,
Approx. 4 ft x 4 ft x 12 ft.

Mini Frac Tank, Approx. 1,000 gallons,
Baffled, Approx. 8 ft x 8 ft x 19 ft.

19.88 800-421-7471 www.adlertankrentals.com
Capacity: 7,932 gal (188 bbl)
Height: 8'6"
Width: 8'6"
Length: 24'
Tare Weight: 12,300 lbs
All sizes are approximate
7,932 Gallon
Open-Top Mini Tank
At Adler Tank Rentals, we are committed to providing safe and reliable containment solutions for all types of applications.

Designed with internal weirs to promote faster separation of oils and particulate contaminants from stored groundwater, the 7,932 Gallon Open-Top Weir Tank provides a smaller footprint to make transport and placement simple where jobsite space is premium.
• Epoxy lined interior
• 3" blind fl ange fi ll port
• Three (3) standard 22" side-hinged manways
• Multiple 6" valved fi ll/drain ports, including
fl oor-level valves for low point drain out
• Sloped and V bottom for quicker drain out and
easier cleaning
• Easy-to-clean design with smooth-wall interior,
no corrugations and no internal rods
• Meets Cal/OSHA guidelines
• Two (2) front and three (3) rear 6" valved fi ll/
drain port
• One (1) 3" front blind fl ange and one (1) 3" rear
blind fl ange
Mechanical Features
Smaller footprint for tight spaces

SECTION C-C
SCALE 1 : 20
Safety Features
• Non-slip step materials on stairs and catwalks
• “Safety yellow” rails and catwalks for high visibility • Safe operation reminder decals
• Safety side stairway—no mechanical guard rails to set up • Strapping charts
Options
• (2) 3" blind flange fill ports with option to add 3" fill lines to front and rear • SS 316 stainless steel
• Level gauges (fixed or temporary)
• External or internal manifold
• White exterior for MSS compliance
• Audible alarms, strobes and level gauges (digital and mechanical) Comprehensive Service
Adler Tank Rentals provides containment solutions for hazardous and non-hazardous liquids and solids.

We offer 24-hour emergency service, expert planning assistance, transportation, repair and cleaning services.

All of our rental equipment is serviced by experienced Adler technicians and tested to exceed even the most stringent industry standards.
7,932 Gallon Open-Top Tank

19.90 2024 Well Rehabilitation Project
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75 EXHIBIT II

ENVIRONMENTAL SPECIFICATIONS

GENERAL

SUMMARY
This Section Includes:

Description of the environmental requirements for this project.

List of environmental work activities.

Submittals needed for environmental compliance and monitoring.

DESCRIPTION
Work Included:

Implement required environmental plans, procedures, and controls during performance of the Work and comply with the conditions per the resource agency permits acquired by the City. The City has or will obtain the following permits:

California State Water Resources Control Board: Statewide National; Pollutant Discharge Elimination System (NPDES) Permit for Drinking Water System Discharges to Waters of the United States
California State Water Resources Control Board: General Permit for the Discharge of Storm Water from Small MS4s (Order 2003-0005-DWQ) (County and City programs) Meet with the City Representative prior to commencement of the Work to review the project environmental requirements as applicable to the Contractor’s procedures and to develop mutual understandings relative to compliance with the environmental protection requirements and administration of the Contractor’s environmental pollution control programs.

Contractor and all subcontractor personnel shall attend tailgate training conducted by the City Representative prior to accessing or performing work in the project construction work limits.

Contractor shall be responsible for tracking environmental training responsibilities of all personnel performing work in the project construction work limits. Any new staff that join the project throughout construction shall attend the environmental training prior to beginning work. The Contractor must manage a sign-in sheet and submit to the CM on a monthly basis to confirm all staff have been trained.

Site Activities
Timing and schedule restrictions: Work in areas within the jurisdictional limits of the U.S. Army Corps of Engineers, the Central Coast Regional Water Quality Control Board and the California Department of Fish and Wildlife shall be limited to the dry season (June 1 to September 30, or as otherwise defined in project permits). These areas are generally located adjacent to watercourses and within riparian zones.

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76 No debris, soil, silt, sand, bark, slash, sawdust, asphalt, rubbish, paint, oil, cement, concrete or washings thereof, oil or petroleum products, or other organic or earthen materials from construction activities shall be allowed to enter into storm drains or surface waters or be placed where it may be washed by rainfall or runoff outside the construction limits. When operations are completed, excess materials or debris shall be removed from the work area in accordance with all applicable regulations.

Excess material shall be disposed of in locations approved by the City Representative consistent with all applicable legal requirements and disposal facility permits.

Do not create a nuisance or pollution as defined in the California Water Code. Do not cause a violation of any applicable water quality standards for receiving waters adopted by the California Central Coast Regional Water Quality Control Board or the State Water Resources Control Board, as required by the Clean Water Act.

Clean up all spills and immediately notify the City Representative in the event of a pollutant or potential pollutant spill. Spill kits to be ready and available on site at all times.

Stationary equipment such as motors, pumps, and generators, shall be equipped with drip pans.

Maintain construction sites to ensure that drainage from these sites will minimize erosion of stockpiled or stored materials and the adjacent native soil material.

Furnish all labor, equipment, and means required and carry out effective measures wherever, and as often as necessary, to prevent Contractor’s operations from causing visible dust emissions to leave the work and staging areas. These measures shall include, but are not limited to, providing additional watering equipment, reducing vehicle speeds on haul roads, restricting traffic on haul roads, covering haul vehicles, and applying a City Representative approved, environmentally safe, dust palliative to well-traveled haul roads. The Contractor shall be responsible for damage resulting from dust originating from its operations. The dust abatement measures shall be continued for the duration of the Contract. Water the site in the morning and evening, as necessary, and clean vehicles leaving the site as necessary to prevent the transportation of dust and dirt onto public roads. Dust control involving water shall be done in such a manner as to minimize waste and runoff from the site.

Construction staging areas shall be graded, or otherwise protected with Best Management Practices (BMPs), to contain surface runoff so that contaminants such as oil, grease, and fuel products do not drain towards receiving waters including wetlands, drainages, and creeks.

Examples of appropriate BMPs that would be acceptable include constructing a soil or rock berm or installing temporary control measures such as a compost filter sock, fiber rolls, or silt fence along the down-slope margins of the construction staging areas. No synthetic materials such as geotextile fabric or filament shall be used to stabilize construction sites adjacent to waterbodies or with potential to drain into waterbodies. All BMPs shall be properly inspected and maintained on a regular basis to verify that they are installed correctly and would be effective at containing runoff and contaminants.

Furnish all labor, equipment, and means required to prevent excessive noise from Work activities.

Comply with all local noise ordinances, including limiting temporary increases in ambient noise levels during construction, including vehicle backup alarms, to 75 dBA during daytime (8:00 a.m. - 10:00 p.m.) and 60 dBA during nighttime (10:00 p.m. to 8:00 a.m.) at adjacent private property lines per Santa Cruz County Municipal Code Chapter 8.30 (Noise). Refer to Section 3.05 Noise Control for additional details.

All construction equipment shall be properly serviced and maintained in good operating condition to reduce emissions. Contractor shall make copies of equipment service logs available upon request.

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77 Any chemical or hazardous material used in the performance of the Work shall be handled, stored, applied, and disposed of consistent with all applicable federal, state, and local laws and regulations. All hazardous or toxic materials that could be deleterious to aquatic life that could be washed into State waters or their tributaries shall be contained in water-tight containers or removed from the project site. Contractor shall prevent concrete dust from entering stream flow at any time.

Contaminated materials excavated and removed from the construction area shall be disposed of consistent with all applicable local, state, and federal laws and regulations.

Construction equipment, building materials, fuels, lubricants and solvents shall not be stockpiled or stored where they would be washed into State waters or where they will cover aquatic or riparian vegetation.

Any equipment or vehicles driven and/or operated adjacent to the river or riparian corridor shall be checked and maintained to prevent leaks of materials that if introduced to water could be deleterious to aquatic life, wildlife, or riparian habitat. Vehicles shall be moved 100 feet away from the stream prior to refueling and lubrication.

Contractor must follow the City’s Integrated Pest Management (IPM) policy for herbicides or pest management. Use of Pesticides Containing Glyphosate for Weed Abatement is prohibited.

If staging is not more than 100 feet from water (including the San Lorenzo River), secondary containment must be used to ensure spills do not enter waters.

Contractor must implement measures to minimize the potential for pathogen and invasive species spread. Remove visible soil, plant materials, animal remnants, or any other signs of invasive species on vehicles and equipment prior to entering the project site and offsite staging areas. Sanitize tools and equipment used in vegetation clearing including tree removal operations. If soil is collected on equipment, rinse equipment on site with a portable water tank or water truck, or at a designated rinsing station, to remove soil-borne pathogens and prevent transport to new sites. Alternatively, debris can be cleaned from tools/equipment via brushing, sweeping, or blowing with compressed air.

DEFINITIONS
Hazardous waste: A waste or combination of wastes as defined in 40 CFR 261.3, or regulated as hazardous waste in California pursuant to Chapter 11, Division 4.5, Title 22, California Code of Regulations, and Chapter 6.5, Division 20, California Health and Safety Code, or those substances defined as hazardous wastes in 49 CFR 171.8.

SUBMITTALS
Construction projects resulting in land disturbance of one acre or more: Storm Water Management Storm Water Pollution Prevention Plan (SWPPP)
Contractor to submit a project-specific Stormwater Pollution Prevention Plan (SWPPP) developed by a Qualified SWPPP Developer for approval within 30 days of Notice to Proceed. SWPPP must be accepted by the City and coverage under the CGP obtained prior to mobilization. See Section 01 41 26 Stormwater Pollution Prevention Plan and Permit for specific requirements pertaining to stormwater pollution prevention.

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78 Spill Contingency and Containment Plan
Submit plan detailing the means and methods for preventing and controlling the spill of known hazardous substances used on the jobsite or staging areas. The plan shall include a list of the hazardous substances proposed for use or generated by the Contractor on site, including petroleum products, and measures that will be taken to prevent spills, monitor hazardous substances, and provide immediate response to spills. Spill response measures shall address notification of the City Representative and appropriate agencies including phone numbers; spill-related worker, public health, and safety issues; spill control, and spill cleanup. Spill kits to be ready and available on site at all times.

Include Safety Data Sheet (SDS) for each hazardous substance proposed to be used prior to delivery of the material to the jobsite.

Include provisions for oil containment including:

Refueling plan with measures to prevent spills from occurring during refueling operations Proactive measures to contain any spills should they occur Detail product information and methodology of oil containment including type and quantity of absorbent material being kept on hand.

DUST CONTROL AND MONITORING
The requirements for Dust Control and Monitoring should comply with all OSHA regulations as well as dust control mitigation and best management practices referenced in Exhibit B-1 (see SCP #4).

During the performance of all work under this contract, the Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent the operations from producing dust damage and nuisance to persons and property. Any claims resulting therefrom shall be borne solely by the Contractor.

Full payment for dust control shall be included in the unit price bid for other items of work and no additional allowance or direct payment will be made therefor.

Implement a dust control system compliant with the requirements of this section, and any applicable laws and regulations.

EMISSIONS CONTROL
Air Quality and Emissions Control
The Contractor shall utilize line power instead of diesel generators at all construction sites where line power is available and feasible as not to delay construction schedule.

The Contractor shall ensure that for operation of any stationary, compression-ignition engines as part of construction, comply with Section 93115, Title 17, California Code of Regulations, Airborne Toxic Control Measure for Stationary Compression Ignition Engines, which specifies fuel and fuel additive requirements as well as emission standards.

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79 The Contractor shall comply with Monterey Bay Air Resources District (MBARD) Rule 424, National Emissions Standards for Hazardous Air Pollutants.

Fixed temporary sources of air emissions (such as portable pumps, compressors, generators, etc.) shall be electrically powered unless the Contractor submits documentation and receives approval from the City Representative that the use of such equipment is not practical, feasible, or available. All portable engines and equipment units used as part of construction shall be properly registered with the California Air Resources Board or otherwise permitted by the appropriate local air district, as required.

Contractor shall implement standard air emissions controls such as:

Minimize the use of diesel generators where possible.

Limit idling of off-road compression ignition vehicles to 5 minutes or less.

Minimize unnecessary idling of mobile construction equipment.

Follow applicable regulations for fuel, fuel additives, and emission standards for stationary, diesel-fueled engines.

Perform regular low-emission tune-ups on all construction equipment, particularly haul trucks and earthwork equipment.

Contractor shall implement the following measures to reduce greenhouse gas emissions from fuel combustion:

Use cleaner construction equipment that conforms to the Environmental Protection Agency (EPA) Tier 3 or Tier 4 emissions standards.

Wherever feasible, construction equipment shall use alternative fuels such as compressed natural gas, propane, electricity, or biodiesel.

On road and off-road vehicle tire pressures shall be maintained to manufacturer specifications.

Tires shall be checked and re-inflated at regular intervals.

Construction equipment engines shall be maintained to manufacturer’s specifications.

Demolition debris shall be recycled for reuse to the extent feasible (excluding wood treated with preservatives).

NOISE CONTROL
Contractor is responsible for taking appropriate measures, including muffling of equipment, locating noise-generating equipment as far as feasible from nearby sensitive receptors, selecting quieter equipment, erecting noise barriers, modifying work operations, and other mitigations as needed to bring construction noise into compliance.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

Best available noise control techniques (including mufflers, intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds) shall be used for all equipment and trucks, as necessary.

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80 Equipment idling shall be limited to 5 minutes in the immediate vicinity of sensitive receptors (residences).

Truck operations (haul trucks and concrete delivery trucks) will be limited to the normal working hours

ENVIRONMENTAL RESOURCE PROTECTION
The Contractor shall install temporary fencing and warning signs between areas of disturbance and areas that will remain undisturbed throughout project implementation. All protective fencing shall remain in place until construction activities are complete. Warning signs shall read “NOTICE:

SENSITIVE HABITAT AREA. DO NOT ENTER.” The Contractor shall coordinate with the biologist as needed as to the appropriate placement of fencing in the field. The Contractor shall make minor modifications to such fencing throughout construction per the recommendations of the biologist to satisfactorily protect sensitive environmental resources.

ENVIRONMENTAL AWARENESS TRAINING
The Contractor must comply with City of Santa Cruz Environmental training for any personnel working on site. Awareness training will be provided by the City, but Contractor is responsible for making sure each employee working onsite has been trained before any work has begun. The Contractor shall keep records, available to the City, of all personnel who have attended the training to ensure compliance with monitoring requirements in project permits. Each new employee for the contractor will need to be trained by the City approved trainer, which is typically a biologist or environmental monitor, or view a City-approved virtual environmental training.

END OF SECTION

EXHIBIT III

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81 2024 Well Rehabilitation Project - Standard
Construction Practices

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82 INTENTIONALLY LEFT BLANK

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83 Standard Construction Practices
This appendix provides the City’s applicable standard construction practices to be implemented during all construction activities related to the Project. The City has identified the following standard construction practices that would be implemented by the contractors during construction activities, where relevant.

1. Erosion Control. Implement and maintain effective erosion and sediment control measures at all times of the year. Measures may include:
a. Install silt fencing, fiber or straw wattles, and/or rice straw bales on slopes and along limits of work/construction areas to break up and filter surface runoff. b. Utilize additional erosion control including native duff, jute netting, etc. c. Utilize additional sediment control including fencing, dams, barriers, berms, traps, and associated basins.
d. Cover of stockpiled spoils.
e. Install rolling dips and revegetation on temporary accessways. f. Physical stabilization/revegetation of disturbed or graded areas including staging areas, prioritizing the use of native species for revegetation where appropriate. g. Install sediment containment measures for all active and inactive stockpiles, spoil disposal sites, concrete wash sites, stabilization structures, and other debris areas, such as Visqueen plastic sheeting, fiber or straw wattles, gravel bags, and hydroseed. h. Locate construction storage areas outside of any stream channel, and a minimum distance of 65 feet away from any jurisdictional aquatic resource. i. All erosion and sediment control materials shall avoid the use of plastic mesh. j. Prior to and following all rain events, all erosion and sediment control devices shall be inspected for their performance and repaired immediately if they are found to be deficient.

2. Restoration. Implement post-construction restoration on temporarily disturbed areas such as staging, new access routes, or work areas. Post-construction restoration may include:
a. De-compact soils if necessary.
b. Restore disturbed natural communities by replanting native species appropriate for the site, such as from native riparian, wetland, or upland communities. Planted material may include native seed mixes, pole cuttings, and/or container stock as appropriate.

3. Wind Erosion Control. Implement wind erosion control measures as necessary to prevent construction-related dust generation. Measures may include:
a. Water active construction areas to control fugitive dust. b. Apply hydroseed and/or non-toxic soil binders to exposed cut and fill areas after cut and fill operations.
c. Cover inactive storage piles.
d. Cover trucks hauling dirt, sand, or loose materials off site.

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84 e. Install appropriately effective track-out capture methods at the construction site for all exiting vehicles.

4. Trash Control. Implement housekeeping measures to manage trash and debris pollution.

These measures may include:
a. Use covered trash containers.
b. Remove trash from the work site daily and before an extended period of no construction activity, including weekends.
c. Ensure all trash and debris is removed from the work area at the end of construction activities.

5. Containment of Work Area (Spill Prevention). Implement hazardous materials containment measures to prevent fuel, oil, or any other substances from polluting aquatic or terrestrial habitats. Measures may include:
a. Prepare a spill response plan to allow a prompt and effective response to any accidental spills.
b. Inform all workers of the importance of preventing spills and the appropriate measures to take in the event of a spill.
c. Ensure emergency spill kits are available on site at all times, including spill skits in all vehicles and heavy equipment.
d. Locate refueling, maintenance, and staging a minimum distance of 65 feet away from any jurisdictional aquatic resource.
e. Store hazardous materials within an established containment area and store all gas, oil, or other substance that could be considered hazardous in water-tight containers within secondary containment.
f. Implement appropriate containment measures to minimize the potential for hazardous spills from heavy equipment such as external grease and oil or from leaking hydraulic fluid, fuel, or oil.
g. Check all equipment daily for leaks.

6. Worker Training. Conduct a worker environmental awareness program (WEAP), prior to the onset of any mobilization-construction activities within the project work area. All construction personnel shall take the training prior to on-site work, and any additional personnel joining the work crew shall receive the same training before beginning work. All personnel shall sign a sign-in sheet showing that they received the training. Brochures, books, and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions. At a minimum the training or presentation, by a qualified biologist, shall include:
a. Description of project boundaries.
b. General provisions of the Migratory Bird Treaty Act, California Fish and Game Code, federal and state Endangered Species Acts, local ordinances and code, and any permits covering the work area.

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85 c. The necessity for adhering to the provision of these regulations. d. General measures for the protection of special-status species, including breeding birds and their nests.
e. Basic identification and importance of special-status species that may occur on or near the project site.
f. The special-status species habitat and how they may be encountered in the work area. g. Procedures to follow when they are encountered.

7. Construction Monitoring. Conduct pre-construction clearance surveys, construction monitoring, and delineate work areas as required by species-specific measures in the City’s Operations and Maintenance HCP, Anadromous Salmonid HCP, and Mount Hermon June Beetle Low Effect HCP for all sites covered by a respective HCP when there is potential for impact to subject species.

8. Vegetation Protection (Trees). To protect onsite vegetation, implement the following measures:
a. Minimize the potential for pathogen spread by sanitizing tools and equipment used in vegetation clearing including tree removal operations.
b. If soil is collected on equipment, rinse equipment on site with to remove soil-borne pathogens and prevent transport to new sites. Alternatively, debris can be cleaned from tools/equipment via brushing, sweeping, or blowing with compressed air. c. If importing vegetative material for restoration purposes, ensure that material that has been produced in conformance with the latest horticultural standards in pest and disease avoidance and sanitation.
d. Where applicable implement Project specific tree protection recommendations from an ISA Certified Arborist or a Registered Professional Forester.

9. Vegetation Protection (Riparian). Minimize impacts to riparian vegetation when working in or adjacent to an active stream channel by implementing avoidance and minimization measures. These measures may include:
a. Avoid disturbance to and limit pruning of existing vegetation whenever possible. b. Minimize removal of overstory trees that provide shade to the stream channel or banks through marking trees that are not to be removed.
c. Trim vegetation using hand tools and maintain canopy, downed trees, and snags to the extent possible.
d. Limit management of vegetation that is stabilizing the stream banks to trimming and pruning.
e. Demarcate temporary access routes to limit extent of impacts. f. Restore impacted riparian vegetation with native species appropriate for the site.

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86 10. In-Channel Erosion and Sedimentation Control. Implement streambed and bank protection measures for construction activities that are in or adjacent to streams and drainages. These measures may include:
a. Avoid activities in any active flowing channels when possible. b. Time work during the low flow season (June – October) when possible, to avoid work in a wetted channel.
c. Utilize equipment or methods that do not require access in the channel. d. If work within a wetted channel cannot be avoided, isolate and temporarily bypass flowing water around work area before beginning work.
e. Select appropriate equipment to minimize disturbances such as tracked or wheeled vehicles depending on site conditions.
f. Use “floating” platforms to distribute the weight of heavy equipment during mobilization in saturated soils.

11. Archaeological Resources. Any unrecorded archaeological resources (sites, features, and/or artifacts) exposed during construction are subject to protection and consideration under CEQA and the California Public Resources Code (PRC) as well as Section 106 of the National Historic Preservation Act (NHPA) as detailed in the Code of Federal Regulations (CFR). The CEQA Guidelines Section 15064.5(f) specifically addresses provisions the City of Santa Cruz will make regarding accidental discovery of historical or unique archaeological resources during construction. The responsibilities of the lead federal agency to avoid, minimize or mitigate adverse effects to a “historic property” (36 CFR Section 800.16) are detailed in 36 CFR Section 800.13[b] and would be applicable for a project with federal involvement by way of funding, permitting, approval authority, or other means. In general, the implementation procedures under CEQA and the NHPA in the case of an inadvertent archaeological discovery during construction are similar and are as follows:
a. If archaeological resources are exposed immediately stop any construction work occurring within 100 feet which may further disturb the find. NOTE – This is a general guideline for the initial response, the exclusion zone may be contracted or expanded depending on the nature of discovery and type of construction activity proposed in the vicinity of the find.

The duration of the exclusion zone will be determined by the City and the federal lead agency and is contingent on the approved course of action in response to the discovery. b. Immediately notify the City Project Manager who shall immediately notify the Water Department Deputy Director/Engineering Manager.
c. A qualified archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards will evaluate the state and federal significance of the find for eligibility to the California Register of Historical Resources (CRHR) and the National Register of Historic Places (NRHP) in coordination with City staff.
d. The City will notify the lead federal agency within 24 hours of discovery. The notification shall describe the assessment of the NRHP eligibility of the resource, specify the NRHP criteria used to evaluate the property’s eligibility, and propose actions to resolve any adverse effects.

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87 e. The federal lead agency will contact the State Historic Preservation Officer (SHPO), the Advisory Council on Historic Preservation (ACHP), and any interested locally affiliated Native American tribes. The SHPO, ACHP, and Native American tribes will respond within 48 hours of the notification. The federal lead agency shall consider any recommendations regarding National Register eligibility and proposed actions and notify the City of the appropriate actions. The federal lead agency official shall provide the SHPO and the ACHP a report of the actions when they are completed. f. Avoidance and/or minimization of impacts/effects is the preferred course of actions under both state and federal guidelines. If preservation in place is not possible because the Water Director determines that preservation in place would preclude the construction of important structures or infrastructure, or require exorbitant expenditures, additional study will likely be required. In coordination with the lead federal agency, the City will prepare a data recovery/treatment plan for retrieving important archaeological data relevant to the site’s significance. The data recovery/treatment plan will be submitted to participating tribes and agencies for review and comment prior to implementation. g. If the inadvertent discovery location cannot be avoided, and continuing work would have an adverse effect on the site, the federal agency, in coordination with the City, SHPO, and Native American tribes as appropriate, will need to draft and finalize a Memorandum of Agreement for the treatment of the historic property before work can proceed. h. Implementation of the data recovery/treatment plan may include archaeological excavations, technical and laboratory analysis, and further consultation and coordination with Native American tribal representatives.
i. A full written report will be prepared to include the results of all technical analyses and special studies will be provided to participating tribes and agencies for review and comment. The report will be filed with the Northwest Information Center and will also provide for the permanent curation of recovered materials.

12. Archaeological Resources (Human Remains). In California, the illegal possession of human remains is a felony, punishable by imprisonment (California Penal Code Section 1170[h]; Public Resources Code 5097.99[a] and [b]). Inadvertent discoveries of human remains exposed during construction on non-federal lands are subject to protection under CEQA and the NHPA. In accordance with Section 7050.5 of the California Health and Safety Code and the NHPA, if potential human remains are found, immediately notify the City, the lead federal agency, and the Santa Cruz County Coroner of the discovery. The Santa Cruz County Coroner will provide a determination within 48 hours of notification. No further excavation or disturbance of the identified material, or any area reasonably suspected to overlie additional remains, can occur until a determination has been made. a. If human remains are exposed immediately stop any construction work occurring within 100 feet which may further disturb the find. NOTE – This is a general guideline for the initial response, the exclusion zone may be contracted or expanded depending on the nature of discovery and type of construction activity proposed in the vicinity of the find. The duration of the exclusion zone is contingent on the course of action mandated by the City and lead federal agency.

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88 b. If the Santa Cruz County Coroner determines that the remains are, or are believed to be, Native American, the coroner will notify the Native American Heritage Commission (NAHC) within 24 hours and all the actions described in these Standard Construction Practices regarding Inadvertent Archaeological Discoveries shall be followed. c. In accordance with California Public Resources Code, Section 5097.98 and Section 106 of the NHPA, the NAHC must immediately notify those persons it believes to be the Most Likely Descendant (MLD) from the deceased Native American. d. Within 48 hours of this notification, the MLD will recommend to the City and lead federal agency her/his preferred treatment of the remains and associated grave goods. e. The ultimate disposition of the remains will be coordinated between the City, the federal agency, the MLD, the landowner, and the NAHC (if necessary). f. The lead federal agency will have additional government-to-government consultation requirements per the requirements of Section 106 [36 CFR § 800.2(c)(2)(ii)] which cannot be delegated to non-federal entities.

13. Fire Suppression. For construction in wildlands or in the wildland-urban interface, internal combustion engine equipment shall include spark arrestors, fire suppression equipment (e.g. fire extinguishers and shovels) shall be stored onsite during use of such mechanical equipment, and construction activities shall not be conducted during red flag warnings issued by the California Department of Forestry and Fire Protection (CAL FIRE) unless adequate fire protection measures are implemented in compliance with federal, state, and local fire prevention and protection regulations and guidance. Red flag warnings and fire weather watches are issued by CAL FIRE based on weather patterns (low humidity, strong winds, dry fuels, etc.) and listed on their website
(https://www.fire.ca.gov/programs/communications/red-flag-warnings-fire-weatherwatches/).

14. Preconstruction Nesting Bird Surveys. Vegetation removal activities shall be conducted outside the bird nesting season (February 1 through September 31) as possible to avoid direct impacts to nesting birds. For construction and vegetation removal activities occurring during the nesting season, a preconstruction survey of the work areas for active bird nests shall be conducted by a qualified wildlife biologist no more than seven days prior to the start of vegetation removal or construction activities. Once construction has started, if there is a break in activities that exceeds seven days, another survey shall be conducted. If at any time during construction or vegetation removal activities an active bird nest is found, the nest shall be flagged and the biologist shall determine an appropriate no-disturbance buffer based on the species’ sensitivity to disturbance. The buffer shall be avoided until the nest is vacated or the young have fledged. The no-disturbance buffer shall be demarcated in the field with flagging and stakes or construction fencing as determined appropriate by the biologist.

15. Integrated Pest Management. Contractors must follow the City’s IPM policy for herbicides or pest management. Use of Pesticides Containing Glyphosate for Weed Abatement is prohibited.

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89 EXHIBIT IV

19.105

PUBLIC WORKS CONTRACT AWARD INFORMATION
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.

Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.

NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED

DATE OF EXPECTED OR ACTUAL START OF PROJECT

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS

OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS

APPROXIMATE DATES TO BE EMPLOYED
This is not a request for dispatch of apprentices.

Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below

1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee

2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. Enter name of the Committee

3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.

Signature Date
Typed Name
Title
State of California - Department of Industrial Relations DIVISION DAS 140 (REV. 1/04) OF APPRENTICESHIP STANDARDS

19.106
Explanation to box 1 ‐ 3 on form DAS 140
•     Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member).
•     Box 2 indicates that a contractor is willing to comply with a program's Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee's Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours.
•     Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council.

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90 EXHIBIT V

19.108
REQUEST FOR DISPATCH OF AN APPRENTICE – DAS 142 FORM

DO NOT SEND THIS FORM TO DAS
You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyworkers work, you must request and employ apprentices in no less than 8 hour increments.

List one occupation/craft per form
Date:
_____________________

To Applicable Apprenticeship Committee:

Name:

Address:

Tel. No. Fax No.

Contractor Requesting Dispatch:

Name:

Address:

License No.

PWC Registration Number:

Tel. No. Fax No.

Project Information: PWC Project Number _________________ Contract Number __________________________ Total Contract Amount. _____________________________ Sub-Contract Amount ___________________________ Name ofthe Project:

Address:

Dispatch Request Information:

Number of Apprentice(s) Needed: Craft or Trade:

Date Apprentice(s) to Report: (72 hrs. notice required) Timeto Report:

Name of Person to Reportto:

Address to Reportto:

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DAS 142 (Revised 10/18)

19.109
City Council

AGENDA REPORT
DATE: 05/09/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Water
SUBJECT: U4 Tank Replacement Project – Award of Professional Engineering Services During Construction to Mesiti-Miller Engineering Inc. (WT) RECOMMENDATION: Motion authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Mesiti-Miller Engineering Inc. (Santa Cruz, CA) for Professional Engineering Services during Construction for the U4 Tank Replacement Project in the amount of $432,075 and to authorize the Water Director to execute future contract amendments within the approved project budget.

BACKGROUND: University Tank No. 4 (U4 or U4 Tank) is a 400,000-gallon steel tank constructed in 1959 by the Pittsburgh-Des Moines Steel Company. The U4 Tank primarily serves the University of California – Santa Cruz (UCSC) and some westside residents. Recent video inspections of U4 showed signs of corrosion, necessitating a full rehabilitation or replacement to ensure ongoing reliability. Furthermore, while the tank was designed to meet the standards of its time, it does not meet current structural design standards with regards to seismic design requirements. With this information, a cost-benefit analysis found that replacing the tank, as opposed to rehabilitation, was the preferred approach.

On March 26, 2022, City Council authorized the City Manager to execute an agreement in a form approved by the City Attorney with Mesiti-Miller Engineering Inc. (MME) for Engineering Design Services for the University Tank No. 4 Replacement Project (Project) and authorized the Water Director to execute future contract amendments within the approved budget. The Engineering Design Services contract amount was $427,660. Two amendments, totaling $56,500, have been authorized to date to revise the tank design from a bolted to a welded tank, add a surge protection system, encapsulate the pump house roof for fire resiliency, and to update plat maps and legal descriptions for easement negotiations with UCSC.

On March 12, 2024, City Council approved the plans and specifications for the U4 Tank Replacement Project and authorized staff to advertise the project for bids. Construction is anticipated to last approximately 22 months.

DISCUSSION: As the Project enters the construction phase, staff recommend entering into a new contract with MME to provide bid-phase services, as well as specialty inspection and engineering services during construction in the amount of $432,075. Bid, and engineering services during construction, are standard practice tasks for the design engineer and are negotiated following design and prior to construction. Award of a new contract has been

20.1 reviewed by the Purchasing Manager and is supportive of the non-competitive award as authorized in SCMC Section 3.08.150. It is also standard practice to retain the services of the design engineer during the bidding and construction periods of a project.

Health in All Policies (HiAP)
This project aligns with the public health pillar of the City’s HiAP initiative by supporting the City of Santa Cruz Water Department (Water Department)’s work in ensuring the reliability of the public drinking water supply.

FISCAL IMPACT: The total cost of the Professional Services Contract for bid phase services and engineering services during construction for the Project is $432,075. Funds are available in the Water Department’s Capital Investment Program budget, project c701505, University Tank 4 Rehab/Replacement. Project implementation will span several years; therefore, funds will be budgeted each fiscal year to cover the cost of future activities.

Prepared By:

Taylor Kihoi
Senior Professional Engineer
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICES AGREEMENT.PDF

20.2 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 1
Professional Services Agreement With
MESITI-MILLER ENGINEERING INC.

For U4 TANK REPLACMENT PROJECT - ENGINEERING SERVICES DURING

CONSTRUCTION
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and __________________ (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).

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

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

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

Consultant shall meet with Heidi Luckenbach, Director of the Water Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party.

Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

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

20.3 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $432,075 without advance written City authorization in the form of an amendment or change order.

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City agrees to reimburse Consultant and Consultant’s employee(s) for only authorized travel expenses, as indicated by a mark below, and according to the City’s Travel Reimbursement Policy. It is expected that all travel expenses incurred by Consultant while conducting activities on behalf of the City will be at reasonable rates and that Consultant and Consultant’s employee(s) will exercise prudence in incurring these expenses. ☒ Meals: Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
• Travel before 8:00am qualifies for breakfast reimbursement. • Travel between 8:00am – 1:30pm qualifies for lunch reimbursement. • Travel between 1:30pm – 7:00pm (or later) qualifies for dinner reimbursement. • Days between hotel stays and days starting before 8am and ending after 7pm, qualify for the full GSA Meals & Incidental per diem rate.

20.4 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 3
☒ Ground Transportation: Ground transportation is reimbursable when it is for travel between the Consultant’s place of business, an airport, or Santa Cruz hotel, as applicable, to the City work location.

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

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

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

General Rule

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

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

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

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Consultants will exercise prudence in incurring reimbursable expenses.

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

SECTION 6: CHANGES IN WORK

20.5 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 4
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating on upon completion of the Scope of Work.

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

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

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

20.6 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 5
finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES

20.7 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 6
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.

SECTION 14: MISCELLANEOUS PROVISIONS

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

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

20.8 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 7

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

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

20.9 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 8
proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

20.10 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 9
respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

20.11 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 10
d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

20.12 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 11
performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.

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

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

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

To CITY:

City of Santa Cruz Water Department
Heidi Luckenbach, Water Director
212 Locust Street, Ste A
Santa Cruz, CA 95060
[email protected]
To CONSULTANT:

Mesiti-Miller Engineering, Inc.

Rodney Cahill
224 Walnut Avenue, Suite B
Santa Cruz, CA 95060
[email protected]
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

20.13 City of Santa Cruz Professional Services Agreement for U4 Tank Replacement Project May 2024 (Form Rev.01/23 ) Page 12
Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

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

CITY OF SANTA CRUZ WATER DEPARTMENT
By: _____________________________ Date: _________________ Heidi Luckenbach,
Water Director
Date: __________________
Title: _________________________
Date: __________________
CONSULTANT: Mesiti-Miller Inc.

By: _____________________________
Printed: _________________________
By: _____________________________
Printed: _________________________ Title: _________________________ Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer Technical Review By:

By: _____________________________ Date: ___________
Isidro Rivera, Deputy Water Director/Engineering Manager

20.14 April 15, 2024
Taylor Kihoi, Associate Professional Engineer
City of Santa Cruz Water Department
212 Locust Street, Suite C
Santa Cruz, CA 95060
Re: University Tank 4 Replacement - Additional Services Request Contract Amendment No.4 for Engineering Services During Construction MME Project No: 22109-1
Dear Taylor,
We respectfully submit this amendment to our existing agreement for the following additional professional services to support the University Tank 4 during the submittal phase, shop fabrication and procurement phase, the active on-site construction phase, and closeout.

Our scope and fee is based on the estimated bidding and construction schedule of 22 months from April 1 2024 through February 1 2026.

Scope of Services

1. Participate in correspondence with you, your Contractor, the City’s Construction Manager, CM, and other members of the design team as may be required to accomplish the tasks identified during this phase.

2. Respond to RFIs from bidders on technical questions.

3. Coordinate and subcontract with our subconsultant team to provide specialized services during construction.
a. Robert W Miles for Engineering Services During Construction including tank construction observation, pump station modifications observations and certified coatings inspections as outlined in their attached proposal to us dated February 20, 2024.
b. Pacific Crest Engineering for Geotechnical Plan Review and Material Testing Services and as outlined in their attached proposals to us dated November 20, 2023 and March 27, 2024.
c. GV Land Surveying for Construction Control services as outlined in their attached proposal to us dated February 22, 2024.
d. Ifland Survey for Defensible Space Easement Services including finalizing the easement legal descriptions and exhibits for use in updating UCSC and City agreements.
e. Nielsen Studios for Architecture Services including review of roofing material submittals and site observation as outlined in their attached proposal to us dated March 25, 2024.

Exhibit A. Scope of Work

20.15 Engineering Services During Construction for U4 Tank Replacement MME Project No: 22109-1
April 15, 2024

Page 2 of 4 ends

Santa Cruz City CouncilMay 28, 2024

Santa Cruz City Council
May 28, 2024