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, and employees (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) to the extent 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, and employees, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.
SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.
SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.
SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is 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
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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. 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 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.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
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.
Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, or acting on Consultant’s behalf pursuant to this Agreement, as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultants is an independent obligation from the City’s obligation to make payments to the Consultant.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.
7. Conflicts of Interest. Consultant agrees to comply with conflict of interest 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.
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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 final professional 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. Consultant shall grant City an irrevocable, non-exclusive, non-transferable, royalty-free license to use the Proprietary Intellectual Property developed under this Agreement. City’s use or re-use for another project or project location shall be at City's sole risk. 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, by court order, 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, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.
To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.
If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.
10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement.
Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement.
As between Consultant and City, all City Confidential Information shall remain the property of the City.
Consultant shall not acquire ownership interest in the City’s Confidential Information.
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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/Audits. 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, in compliance with Gov. Code §8546.7 for a contract in excess of $10,000, or in compliance with other applicable federal laws (e.g. 48 CFR 31) or regulations for a period of three (3) years from: the date of the final City payment for Consultant's services, or from the date of final disposition of real property or equipment acquired with federal funds, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.
12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations. Consultant further agrees to comply with the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Ordinance chapter 3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor.
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14. Licensure. Consultant agrees that Consultant, its subcontractors and/or agents (if any) has/have complied with all applicable federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
• Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; • Will perform actual work in the City of Santa Cruz for 6 or more days annually; or • Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.
For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.
15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.
16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775;
b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any 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
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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/best-managementpractices
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 decisionmaking power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute.
To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.
19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, a strike, lockout or other labor difficulty, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.
20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
21. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
22. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
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.
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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:
City of Santa Cruz Public Works
Claire Gallogly
809 Center St Rm 201
Santa Cruz CA 95060
[email protected]
831-420-5107
To CONSULTANT:
Mark Thomas & Company
Shawn O’Keefe
1970 Broadway,
Oakland CA 94612
[email protected]
925-858-8581
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
27. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
28. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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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: __________________ By: _____________________________ Date: _________________ Printed: ___________________________ Title: __________________
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EXHIBIT A: SCOPE OF WORK
C. SCOPE OF WORK
Mark Thomas will provide services needed to communicate and coordinate with stakeholders including residents, property owners,schools,school district, utilities, the City, and Caltrans,support in conducting design-related investigations, and survey to prepare Plans, Specifications & Estimates (PS&E) for 10% concept, 30%, 60%, 95%, and Bid-Ready Construction Documents, and optional services including right of way easements, design support during contract advertisement, award, construction, and closeout.
Mark Thomas will provide services and deliverables in accordance with State laws, regulations, standards, and applicable Federal Highway Administration (FHWA) requirements, Local Assistance and Grants program requirements, and City of Santa Cruz regulations, standards, and policies. These include, but are not limited to, the guidance provided in the:
• Caltrans Local Assistance Procedures Manual (LAPM),
• Caltrans Local Assistance Program Guideline (LAPG),
• Caltrans Highway Design Manual (HDM),
• Caltrans Standard Plans and Specifications,
• American Association of State Highway and Transportation Officials(AASHTO) bicycle standards, • City of Santa Cruz Standard Details
• National Association of City Transportation Officials(NACTO) guidelines • Caltrans Design Information Bulletins, including DIB 94 • Separated bike lane design guidance from Federal Highway Administration (FHWA), MassDOT, Oregon Department of Transportation, and Caltrans
The design services will include the following:surveys, verification and clearance requirements,roadway, utilities, lighting,signals, signing, striping, and such other incidental features required to complete the PS&E sets and final bid documents for the project inclusive ofthe taskslisted below.
Mark Thomas will identify and explain the necessity for any additionaltasksrequired to successfully deliverthe final design and bid documents and shall identify each of the significantsubtasksrequired. Mark Thomas anticipatesincluding innovative approaches and tasksthat will benefit the project.
Task 1: Project Management
Mark Thomas will perform project management and administration tasks required to provide supervision of the work and coordination with the City. Project Management will continue until project completion and contract closeout. It is assumed the base scope of services will take 15 months to complete. Project Management task will include:
• Prepare agenda and attend a project kick-off meeting with the City to review the scope of work, the initial tasks to be performed, the project schedule, the critical task items, areas of concern, and participate in a general exchange of views and ideas regarding the execution of the project.
• Mark Thomas will prepare and distribute all meeting notices, agendas, and meeting minutes in consultation with the City Project Manager and other staff as requested.
• Mark Thomas will prepare a project schedule clearly identifying each task, sub-task, and deliverables within each task, when each activity will begin, how long it will continue, and identify critical tasks, milestones, and deliverables. • Mark Thomas will prepare a monthly progress report on performance including status of costs, schedule update and status of all deliverables. The report will be updated monthly and submitted along with monthly progress invoices from Mark Thomas.
• Mark Thomas will attend monthly Coordination/Status meetings to review the project with the City and stakeholders.
These meetings are anticipated to be conducted during the analysis and design tasks and conclude upon the delivery of the bid documents. This process is anticipated to last 15 months. • Mark Thomas will prepare and submit for changes in scope, or amendments to the agreement when appropriate, prior to performing the work.
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• Mark Thomas will perform internal quality control reviews of all deliverables and critical work products developed by Mark Thomas prior to delivery to the City. • Mark Thomas will administer and supervise the work of all sub-Consultants contracted to perform the work. • Mark Thomas will supervise, coordinate, and monitor product development for conformance with Caltrans, FHWA, and City applicable standards and policies.
• Mark Thomas will maintain project files electronically that will be provided to the City Project Manager at the conclusion of the design phase of the project.
Deliverables:
• Project Kick-Off Meeting Agenda/Minutes
• Project Design Schedule
• List of Critical Tasks and Items of Concern
• Project Update Meeting Agenda/Minutes (up to 15)
• Monthly Progress Reports/Invoices (up to 15)
• Delivery of Project Files at conclusion of the bid documents phase Task 2: Site Investigation and Evaluation
Task 2.1 –Topographic Survey
Mark Thomas proposes to set project control, collect topographic surveys and provide electronic base files for the design as described below.
The general requirements for the work under this scope are listed below:
• These tasks will be completed under the supervision of a California Licensed Land Surveyor. • Base mapping will be delivered in AutoCAD Civil 3D 2018 or earlier version as required by the City. • Submittal of electronic information may be transmitted by email or posted to the City’s Microsoft Teams Project folder created for the prior project phase.
Topographic Survey – For the final design, Mark Thomas will perform supplemental field survey to set and establish control to facilitate topographic surveys of the site. Project horizontal control (NAD83) and vertical control (NAVD88) will be established within each segment based on existing control provided to Mark Thomas’s other projects within the region or from information provided by the Client. Control point coordinates, basis of bearings and coordinates, and benchmark notes will be provided to show on final plans.
To support the final design, a light topography (mobile laser scanning) will be obtained and utilized along Bay street from California to High Street exclusive of Escalona to Nobel/Iowa. This will include a survey from curb to curb only and will include utility locations, pavement markings and spot shots to develop an accurate surface in the area.
Field crews will also perform detailed topographic surveys along Bay Street for the priority intersection locations at Bay and California, Bay and King, and Bay and Escalona to locate pertinent accessible above ground features that will augment the prior surveys. Ground visible features to be captured include, but are not limited to, existing face of curb, back of walk, curb ramps, driveways, private utilities, storm and sewer facilities, trees 6-inches in diameter or larger, signing, striping, and markings and will extend 100 feet minimum on each leg at all mentioned intersections. Field crews will rely upon markings on utility feature lids to identify the utility. No utilities will be dipped as part of this scope. These topographic surveys
will utilize a combination of mobile laser scanning and conventional ground survey techniques. Based upon information gathered, Mark Thomas will compile an electronic base map including a DTM with 1-foot contours.
Light and detailed topographic surveys are limited to seven (7) days.
21.15 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
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Assumptions and Exclusions
• All access to the site will be provided.
• Encroachment permits will not be required.
• Project schedule is dependent on the weather and access. • Right of way and boundary lines are excluded as part of this scope • Right of way parcel lines and aerial photos will be based on City GIS maps • A Record of Survey is not included in this scope.
• Utility lines will be placed based on surface visible utilities only. • Irrigation lines are excluded from this survey.
• Monument preservation is excluded from this scope. Mark Thomas will notify the City if Monuments are found so that a proper scope and fee can be produced to preserve the existing monuments.
Fehr & Peers will prepare for and attend a site visit with Mark Thomas along the Bay Street project corridor. The field reconnaissance will be conducted noting pertinent visible above-ground features such as existing traffic signals, street lighting equipment, pavement markings, roadway signs, utilities, adjacent land uses, driveways, pedestrian/bicycle facilities, bus stops, and landscaping. Photographs of the project site will be taken for design reference. As part of this task, we will coordinate with Mark Thomas to request traffic signal as-builts and relevant data pertaining to the operation of existing traffic signals from the City and/or Caltrans.
Task 3: Preliminary Analysis and Concept Design – 10% Concept Level Based on the information obtained including existing conditions and development plans preliminary roadway, intersection, pedestrian and bicycle crossings/connectivity, and signal concepts for Bay between California to High Street, exclusive of Escalona to Nobel/Iowa, will be developed and submitted to the City for review at 10% Concept Design level.
This 10% Concept Level Plan is anticipated to refine the vision for the whole corridor. We anticipate a two-way separated bike lane on the west side of the roadway between California Street and King Street. We anticipate a one-way bike lane on each side of the roadway between King Street and High Street. The 10% Concept Level design will include a detailed review of the entire corridor, to confirm the ideal configuration of the bikeway locations and transitions between a one-way bikeway and a two-way bikeway.
As part of the 10% Concept Level Plan, we will prepare intersection treatments, to include:
• Bay/California
• Bay/Mission
• Bay/King
o Two concepts included
o Focus on the connectivity to King to facilitate travel to Mission Hill Middle School. • Bay/Escalona
o Two concepts included - signalized and unsignalized
• Bay/High
The 10% Concept Level Plan will include the survey electronic base map as a background. We anticipate individual layout sheets at a scale matching the future design plans (1” = 20’). For intersection with multiple concepts, these will be shown on individual sheets within the set.
We will also prepare conceptual roundabout designs at Bay/High and Bay/California. These concept plans will be developed to a level of a typical “30% complete” design with a single exhibit sheet for each. The level of detail for these designs will include basic dimensions of the major components and show the intended materials to be used for construction.
An estimate of probable construction cost will be prepared. These conceptual roundabout designs will not be included in
21.16 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
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the construction documents. The City will table these designs for use in future projects.
Fehr & Peers will coordinate the collection of count data, preparing preliminary assessments of traffic conditions to inform design needs, and collaborate with Mark Thomas on the identification of suitable bikeway treatments.
Fehr & Peers will conduct one traffic signal warrant analysis for the intersection of Bay Street / Escalona Drive. We will consider of gateway treatments and intersection treatments at this location.
It is assumed that high-level evaluations of anticipated changes to vehicular capacity will be provided based upon changes to travel lanes or traffic control that may be proposed as part of the concept development.
To support the comparison of alternatives, Fehr & Peers will provide up to 12 hours of peer review pertaining to bikeway treatments and concept development. Our review will focus on elements such as intersection treatments, safety, and desire lines providing connectivity to high activity areas. We will provide preliminary locations for traffic signal equipment to be included in the concepts, but will not produce standalone signal concept sheets.
Deliverables:
• 10% Concept Plan
• Engineering/Concept Plan and Estimate for Roundabouts - Bay/High and Bay/California • Intersection Turning Movement Counts
• Traffic Signal Warrant Analysis(Bay/ Escalona)
• Intersection Capacity Analysis
• Present Concept Plan at one (1) community meeting
• Support for City staff at one (1) public hearings, such as Transportation and Public Works Commission or City Council
Task 4: 30% Plans
Plans will be developed and submitted to the City for review at 30% plan level. These plans will include roadway, intersection, pedestrian and bicycle crossings/connectivity, and signals for Bay between California to High Street, exclusive of Escalona to Nobel/Iowa.
Plans will be submitted electronically (PDF) to City staff, drawn in a 22”x34” page format. Anticipated sheets are shown below. This 30% submittal will only contain a subset of the final complete set of sheets as indicated.
Description Included in the 30% submittal?
• Title (1) Yes
• General Notes (1) Yes
• Project Control (1) No
• Layout, scale 1” = 20’ (11) Yes
• Signing and Striping (11) Yes
• Intersection Detail Bay/High (1) No
• Intersection Detail Bay/Escalona (1) No
• Intersection Detail Bay/King (2) No
• Intersection Detail Bay/Mission (2) Yes
• Signal Plan, Bay/King (2) No
• Signal Plan, Bay/Mission (2) No
• Details (6) No
• Anticipated totalsheets: 37 (about 28 sheets)
A preliminary cost estimate will be developed and submitted with the plans.
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Intersection turning movements will be evaluated. We will determine an appropriate design vehicle for a turning analysis and use Civil 3D Vehicle Tracking software. Exhibits will be prepared that demonstrate the design vehicle is able to turn adequately in each relevant portion of intersections being designed.
We assume that no utility relocations will be required for the project. Should any utilities be found to be in conflict with the proposed work, design of any needed relocations will be performed by the utility companies and the responsibility for relocation expenses are with these companies.
We assume there will not be plans or design needed for stage construction, traffic handling, or demolition.
We assume the existing pavement will not be evaluated for condition or need to be repaired or rehabilitated. The project is expected to remove the existing pavement delineation (striping and markings) and replace with new pavement delineation that includes the desired bike lane. The removal of existing pavement delineation is expected to be achieved by one or more of these methods:
• Grind and overlay the existing road. The grinding of the road surface will remove the pavement delineation. • Overlay the existing road. The new pavement surface will cover the existing pavement delineation. • Resurface the road (likely not preferred). Resurfacing methods may include a seal coat or similar. • Remove existing pavement delineation only (likely not preferred). Removal methods may include water blasting or similar.
We assume there will be limited or no work outside the existing pavement limits. The intent of the project is to add the bike lane. It is not expected that improvements will be made to the curbs, gutters, landscaping, and sidewalks.
Depending on the preferred intersection configuration, these limited areas would include such improvements.
The design and construction of the portion of the project within the Caltrans right of way at Mission Street is assumed to be coordinated directly with Caltrans. We understand that the City is engaging with Caltrans to form a Cooperative Agreement between this project and the CAP M Mission Street project. The intent and expectation are that Caltrans will include the plans for this intersection with their CAP M project. Mark Thomas will work closely with Caltrans and provide design support that includes developing the design for this intersection. It is expected that Caltrans will accept this design and directly or indirectly use the design information (CAD files or PDF sheets) in their project documents. In the cooperative agreement, the City has outlined the objectives of the project, which include a separated bike lane, signal phasing modifications, right turn on red restrictions, pedestrian facilities, transit stops, utility coordination, and school coordination. Because Caltrans will be the agency sponsoring the CAP M project, they will be responsible for development, approval, funding, and construction of the work at Mission Street. Accordingly, items that might otherwise be necessary if a local agency were to sponsor the project are excluded, such as a maintenance agreement, a Design Standards Decision Document (DSDD), and an Encroachment Permit.
Fehr & Peers will develop signal design concept layouts for two intersections (assumed to be Mission Street / Bay Street and King Street / Bay Street) to support modifications related to the proposed bikeway layout. It is assumed that proposed improvement plans (including geometry and signing & striping), topographic survey of the project area, and utility and right-of-way information for the intersections will be provided to Fehr & Peers by Mark Thomas.
Signal concept sheets will be 20-scale preliminary plans reflecting the locations and types of traffic signal poles, signal heads, bicycle/pedestrian signal equipment, and traffic signal cabinet. A preliminary signal phasing diagram will be provided, but detailed layout of conduits, conductors, pull boxes, detection equipment, and associated conduit/conductor schedules will not be completed for this submittal. We will prepare a preliminary estimate of cost for electric work associated with the traffic signals and intersection safety lighting to be included with cost estimates prepared by Mark Thomas.
A comment review/resolution meeting will be held following receipt of City comments.
21.18 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
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Deliverables:
• 30% Plans
• 30% Engineer’s Cost Estimate
• Vehicle Tracking exhibits
• Signal Design Concept Layouts
• Comment Resolution from City and stakeholders with comment responses Task 5: 60% PS&E
The 60% “plans, specifications, and estimate” (PS&E) will be revised to incorporate comments received from the City and the public meeting(s).
Plans will be submitted electronically (PDF) to City staff, drawn in a 22”x34” page format. Anticipated sheets are shown below. This 60% submittal should contain all or most of the anticipated sheets.
Description
• Title (1)
• General Notes (1)
• Project Control (1)
• Layout, scale 1” = 20’ (11)
• Signing and Striping (11)
• Intersection Detail Bay/High (1)
• Intersection Detail Bay/Escalona (1)
• Intersection Detail Bay/King (2)
• Intersection Detail Bay/Mission (2)
• Signal Plan, Bay/King (2)
• Details (6)
• Anticipated totalsheets: 37
Fehr and Peers plans will consist of up to six sheets: four sheets for illustrating modification of signal equipment (one plan & one schedule for each intersection), and up to two detail and/or note sheets as needed. Lighting analysis for the proposed illumination condition will be submitted. The plans will depict the following conditions:
• Location and type of proposed traffic signal poles, signal heads, detectors, pull boxes, conduits, conductors, and traffic signal cabinet
• Proposed signal phasing diagram
• Existing and proposed pavement markings
• Proposed pedestrian traffic signal equipment
• Locations of existing and proposed intersection/crosswalk safety lighting (connected to the traffic signal system) • The conduit and conductor schedule will not be completed for this submittal. It is not anticipated that modifications to the electrical service or service enclosure will be required for this project; coordination with PG&E is therefore excluded from the scope.
At this phase, the City will provide the “Front End” documents and Special Provisions. The Technical Specifications will be prepared in MS Word format by Mark Thomas and will follow the City’s formatting conventions. The Technical Specifications and details will reference the City’s standard provisions and Caltrans 2023 Standard Plans and Specifications (including subsequent revisions and updates). Mark Thomas will recommend deviations from Caltrans standards where, from experience, such changes will improve the likelihood of achieving a successful construction project without compromising the integrity of the design.
21.19 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
July 2024 (Form Rev.01/24 ) Page 18
The Engineer’s Cost Estimate is to be updated and refined as the design effort progresses.
The City will require a 20-day review/comment period once the 60% PS&E package is submitted. A comment review/resolution meeting will be held following receipt of City comments.
Deliverables:
• 60% Plans
• 60% Technical Specifications
• 60% Engineer’s Cost Estimate
• Lighting analysis
• Comment Resolution from City and Stakeholders with consultant comment responses Task 6: 95% Detailed Design Bid Package Set
Mark Thomas will develop a 95% Detailed Design Bid Package that will include plans, specifications, and updated cost estimate. The bid package phase will include City and stakeholder comment resolution.
A schedule of anticipated construction tasks will be prepared. This schedule is intended to help determine the appropriate number of working days needed by a construction contractor. It should be noted that many variables and unknowns will be part of this schedule, and the schedule will be very approximate in nature.
Anticipated sheets are aslisted in Task 5.
Plans will be submitted electronically (PDF) to City staff sized 22x34 format. An updated cost estimate will be developed and submitted with the plans.
A comment review/resolution meeting will be held following receipt of City comments.
Deliverables:
• 95% Plans
• 95% Technical Specifications
• 95% Engineer’s Cost Estimate
• Estimated schedule showing the general activities for construction to support the # of Working Days specified. • Comment Resolution from City and Stakeholders with consultant comment responses Task 7: Bid-Ready Construction Documents
Mark Thomas will prepare Bid-Ready Construction documents to address comments generated from the City’s review of the 95% Detailed Design Bid Package Set. Once final revisions are complete, one (1) signed reproducible Bid-Ready set of construction documents and an electronic version of the documents will be submitted to the City.
All final documents will be reviewed, stamped, and signed by Mark Thomas’s registered civil engineer.
Deliverables:
• One (1)signed reproducible Bid-Ready set of construction documents (hard copy and electronic file)
OPTIONAL TASKS
21.20 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
July 2024 (Form Rev.01/24 ) Page 19
The following are optional additionaltasksthat may be desired in addition to the basic service tasks described above.
Task 8: Right of Way and Encroachments
Associated Right of Way Services, Inc. (AR/WS) will provide right of way services to Mark Thomas for the City of Santa Cruz’ (City) Bay Drive Protected Bike Lanes and Path Design Phase Project. Mark Thomas will support the right of way services by providing plats and legals (P&Ls) and prepare appraisal maps for easements.
ASSUMPTIONS:
• Assumes up to 4 temporary construction easements from unknown parcels. Because the specific parcels have not yet been identified and the budget for appraisal and acquisition services will be partially dependent on the type of property impacted, it is unknown at this time what the specific budget will be for AR/WS services. • Assumes no impacts to buildings or other major improvements. • Assumes non-complex acquisitions or property types.
• The acquisitions will notresult in damagesto the remainder parcels. Should it be determined there are damages, additional services will be billed on an hourly basis following a discussion with the Client and amendment to our agreement.
• Assumes no relocation assistance will be necessary.
• Services will be conducted in conformance with the Caltrans Right of Way Manual and requirements for projects with federal funding.
• Budget assumes services are authorized simultaneously. Deferring or “piece meal” assignments adds to level of effort and costs.
• Assumes up to 20 project management hours for coordination on the newly implemented Caltrans Real-Time Compliance Monitoring (RTCM). Since RTCM is newly implemented, the extent of hours required for this coordination is unknown at this time.
RIGHT OF WAY PROJECT MANAGEMENT AND CONSULTING
• Establish work process with Client and schedule, manage and coordinate all real estate functions. • On-going consultation, meetings and recurring project management duties. • Coordinate with Client, City, subcontractors (independent review appraiser), appraiser, property acquisition agent and if necessary, legal counsel.
• Coordinate with Caltrans staff, including up to 20 hours for the newly implemented Real-Time Compliance Monitoring (RTCM).
• Assistance with analyzing various courses of action. Work with Client and City to resolve problems and recommend solutions.
• Contract management, budget monitoring and control, and project reporting. • Implementation and compliance with applicable state and federal laws and regulations. • Maintaining accurate records. Monitor work plan and work flow.
DELIVERABLES
• Project status report spreadsheets.
• Mark Thomas will prepare up to 4 plats and legal descriptions, for use with easement preparation.
APPRAISAL
• Appraisals to be provided to Mark Thomas and City staff as directed. • Appraisals to be prepared in accordance with California Eminent Domain Law; California Government Code Section 7260 et seq.; Uniform Standards of Professional Appraisal Practice requirements, except as jurisdictionally exempt;
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the Caltrans Right of Way Manual; and 49 CFR, Part 24.
• The owner or a designated representative will be invited by the appraiser to accompany him/her during the inspection of the property.
• Appraisals to be prepared in an Appraisal Report format in accordance with Uniform Standards of Professional Appraisal Practice, Standard Rule 2-2.
• Appraisals are for the “Fair Market Value” of the properties as per California Code of Civil Procedure, Section 1263.320. • The appraiser will issue the necessary public acquisition informational brochure to all owners. • In accordance with the California Code of Civil Procedure Section 1263.330, the market value ofthe property acquired will not include consideration of any increase or decrease in the value ofthe property that is attributable to any ofthe following:
» The project for which the property is taken;
» The eminent domain proceeding in which the property is taken; » Any preliminary actions of the acquiring authority relating to the taking of the property. » The appraiser will work directly with the Review Appraiser. » If revisions are made to the property or assignment requirements during the appraisal process or upon completion of the report, appraisal time to address these revisions will be billed on an hourly basis in accordance with the AR/WS Fee Schedule. (Optional Service)
DELIVERABLES
• Draft Notice of Decision to Appraise for City review and approval. • Appraisal Report.
CITY OBLIGATIONS
• Adequate appraisal maps or legal descriptions and plat maps. • Current title report/s for each ownership.
• Environmental reports, if available.
APPRAISAL REVIEW
Appraisal review will be required and AR/WS proposes to subcontract with a qualified independent review appraiser for these services.
• Upon receiving appraisal reports, an office review of the reports using the various standards prescribed by the Federal and State Uniform Acts, Federal Highway Administration, Caltrans appraisal procedures, Uniform Standards of Professional Appraisal Practice (USPAP) and the California Eminent Domain codes will be completed. • Review appraiser will provide comments to the appraiser for discussion and will communicate with the appraiser to clarify potential issues and resolve problems.
• Upon satisfactory completion of the appraisal reports, an appraisal review report will be prepared.
DELIVERABLES
• Appraisal Review Report and Certification.
NEGOTIATIONS / ACQUISITIONS
• AR/WS to prepare acquisition documents. Said documents include, but are not limited to: offer letter, appraisal summary statement and summary of the basis for just compensation, summary statement pertaining to the acquisition of real property or an interest therein, purchase agreement, deed, and public acquisition brochure.
AR/WS will initiate and maintain individual acquisition files. All acquisition documents to receive City’s written approval as to form prior to use in the field.
• AR/WS will present City-approved written offer to the property owner/s.
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• AR/WS will negotiate to acquire temporary construction easements from up to 4 properties, to be identified by the Client or City. We are assuming there will be negotiations with up to 4 property owners and no lessees. • All discussions for the acquisition of property or an interest therein will be directed to result in the payment of just compensation.
• If settlement with owners is reached pursuant to the City approved appraisal or City approved administrative settlement, AR/WS will prepare a Memorandum of Settlement for transmittal to City, reviewing the issues. This memorandum will require City written approval before implementation of any settlement agreement. • AR/WS will make every reasonable effort to acquire property on behalf of the City expeditiously through agreement with its owner and to avoid litigation. This may necessitate greater levels of effort in the negotiations phase and, where appropriate, should continue after eminent domain has been initiated. City will provide ongoing feedback to AR/WS as to authorization for settlements.
• AR/WS will establish a process of coordinating escrow closings and reviewing escrow instructions. Where there are escrow closings, preparation of escrow instructions will be completed by title company. Approval of conditions of title and escrow instructions, including but not limited to, “subject to” title exceptions, will be done by City. • If agreement with all owners cannot be reached, AR/WS will advise City that negotiations have reached an impasse. The City will considerscheduling of an action in eminent domain including the required public necessity hearing. AR/WS will provide condemnation support as needed and requested, budget allowing.
DELIVERABLES
• Draft Acquisition Documents for City review and approval. • Memorandum of Settlement and Signed Agreement (upon settlement). • Notice that negotiations have reached an impasse (if needed).
CLIENT/CITY OBLIGATIONS
• Written approval of all acquisition documents in a timely manner. • Direction as to administrative settlements, negotiating authority and condition of title acceptance. • Providing any formats to be used by AR/WS on City’s behalf. • Selection of title company.
• Review and approval of title company prepared escrow instructions.
RIGHT OF WAY CERTIFICATION
• Coordinate with Project team members for preparation of the Right of Way Certification. • Provide Draft Right of Way Certification for approval by City, in accordance with the Caltrans Right of Way Manual. • Submit supporting documentation along with the Right of Way Certification. Supporting documentation may include right of way contracts, Orders for Prejudgment Possession, diary notes, right of way sufficiency forms, Agreements for Possession and Use, and deeds.
DELIVERABLES
• Draft Right of Way Certification.
• Right of Way Certification including all required supporting documentation.
Task 9: Contractor Procurement Support
Mark Thomas will provide support to City staff during the procurement process. Support to City staff will include attending the pre-bid conference and reviewing/responding to bid Requests for Information (RFIs) which relate to the design, preparation of any addenda and/or clarifications deemed necessary. The City will provide a procurement support and a Project Manager to administer the bid process.
Deliverables:
21.23 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
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• RFI responses to Contractor bid questions
Task 10: Construction Phase Services
Mark Thomas will provide support to the City during the duration of the construction contract with the Contractor. It is assumed the City will provide a Construction Manager to administer the Contract and coordinate with the Contractor. The following tasks are anticipated with Mark Thomas effort under this project phase and task:
• Meeting Attendance
» Regular weekly construction progress and coordination meetings in person or on the phone during construction » Up to two (2) site visits and associated Observation memo » Attend one final punch list site walk with City and Contractor staff » List of civil / signal punch list items for recordation to be prepared and provided to City » Attend one substantial completion site walk with documentation • Review and respond to Contractor questions, including:
» Design submittals
» Requestsfor Information (RFIs)
» Substitution Requests
» Review Contractor requests for payment when asked by City staff • Preparation of record drawings based on as-built drawings provided by the Contractor including detailed markups on the construction documents. As-Builts will be prepared in Bluebeam (PDF) format Deliverables:
• RFI responses during construction
• Submittal review and responses during construction
• Review/responsesto Contractor requestsfor payment
• Observation report for site visits
• Close out punch list from site walk with City and Contractor • Sign-off of Certificate of Substantial Completion
• Record Drawings in Bluebeam (pdf) format
21.24 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
July 2024 (Form Rev.01/24 ) Page 23
EXHIBIT B: FEE SCHEDULE
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EXHIBIT C: WORK SCHEDULE
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21.27 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
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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.
21.28 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
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• AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
• WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
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
21.29 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
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Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work. • SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy (and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
21.30 City of Santa Cruz Professional Services Agreement for BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
July 2024 (Form Rev.01/24 ) Page 29
C. 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).
D. 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.
21.31 City Council
AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works
SUBJECT: Digester Gas Piping Rehabilitation Project (m409659) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of MBS Engineering, Inc. (San Ramon, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Digester Gas Piping Rehabilitation Project (m409659) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
BACKGROUND: City Council approved the authorization to award this project to the lowest responsive and responsible bidder, MBS Engineering, Inc., during its January 23, 2024 meeting, and authorized the City Manager to execute the contract in the amount of $116,270.00.
Construction began on March 22, 2024 and included the ultrasonic thickness testing of exposed digester piping, the installation of a temporary bypass for digester gas, and the installation of new stainless steel digester gas piping in the Wastewater Treatment Facility gas vault.
DISCUSSION: The work for this project is now complete. The project has been inspected by staff and found to be completed in accordance with the plans and specifications. Due to unforeseen conditions involving corrosion, deterioration of old parts, and bypass piping sizing changes, the Director of Public Works approved a change order for repair and replacement of additional parts and a media blasting and coating of corroded spools.
FISCAL IMPACT: The final cost of the project, was $134,692.65. The project is funded in the FY 2023 Wastewater Enterprise Fund as WWTF - Equipment Replacement (m409659). There is no impact to the General Fund.
Prepared By:
Tim Wong
Assistant Engineer II
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. NOTICE OF COMPLETION.DOCX
22.1 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.
No recording fee is required pursuant to Government Code § 27383.
NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:
The undersigned is an authorized representative of the owner of the interest or estate stated below.
1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Property
2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Digester Gas Piping Rehabilitation Project (m409659)
3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: ultrasonic thickness testing of exposed digester piping, the installation of a temporary bypass for digester gas, and the installation of new stainless steel digester gas piping in the Wastewater Treatment Facility gas vault.
4. The general site location description or address (the “Property”) of the public improvement is located at: 110 California Street, Santa Cruz, CA 95060
5. Name and Address of Contractor. The Contractor on the Project is: MBS Engineering 12855 Alcosta Blvd, San Ramon, CA 94583
6. Construction Lender. The name and address of the construction lender, if any, is: N/A
7. Date of Completion. The Project on the Property was completed on: June 20, 2024
8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, August 13, 2024
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:
City of Santa Cruz, Public Works
Attn: Tim Wong
WHEN RECORDED MAIL TO:
City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060
22.2 Notice of Completion (Revised Oct 2021)
VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on August 13, 2024, at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz
22.3 Notice of Completion (Revised Oct 2021)
PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Tim Wong, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):
Direct Contractor: MBS Engineering
12855 Alcosta Blvd, San Ramon, CA 94583
☒ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on August 13, 2024, at Santa Cruz, California.
Tim Wong
22.4 City Council
AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works
SUBJECT: Ocean Street Pavement Rehabilitation Project (c400809) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Granite Rock, Inc. (Watsonville, CA) as completed per the plans and specifications and authorize filing the Notice of Completion for the Ocean Street Pavement Rehabilitation Project (c400809) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
BACKGROUND: On December 13, 2022, the City Council approved the Ocean Street Pavement Rehabilitation Project and authorized staff to advertise for bids and award the contract, which originally included repair of sections of Ocean Street but was subsequently integrated with other roadways including parts of San Lorenzo Blvd and Dimeo Lane. On April 26, 2023, the project was awarded to Granite Rock, Inc. (Watsonville, CA), the lowest responsive and responsible bidder, for $2,718,694.55.
The project increased safety for all roadway users, pedestrians and bicyclists. The improvements include the removal of non-ADA-compliant curb ramps and the installation of ADA-compliant curb ramps along Ocean Street from Highway 17 to Water Street and San Lorenzo Blvd from Broadway to Jessie Street. This project also consisted of removing and replacing asphalt pavement the width of Ocean Street from Highway 17 to Water Street, San Lorenzo Blvd from Broadway to Jessie Street, and Dimeo Lane from the City of Santa Cruz Resource Recovery Facility to Highway 1. Installation of new striping will help reduce any potential conflict between motorists, bicyclists, and pedestrians. These striping improvements include, but are not limited to, shared lane markings, high visibility crosswalks at existing crossings, and bike lane buffers where possible.
DISCUSSION: Public Works staff inspected the project and found it to be constructed according to the plans and specifications.
The work on San Lorenzo Blvd and Dimeo Lane was added as a change order to this project, increasing the project cost to the final amount shown in the paragraph below. The change order was executed for the following reasons: The design was already completed for both streets and ready to be implemented. The contractor had favorable unit pricing and was willing to extend that pricing to the new streets. The paving procedure used on these streets, Cold-in-Place Recycling (CIR), is only available from three companies in California. The contractor has
23.1 previously worked on multiple paving projects for the City of Santa Cruz, and Public Works staff was confident that they could handle the increased scope of work.
FISCAL IMPACT: The final project, cost was $4,028,434.42 after the addition of San Lorenzo Blvd and Dimeo Lane, was completed and is funded by $600,000 in state funds from the Regional Surface Transportation Program (RSTP) from the Santa Cruz County Regional Transportation Commission (SCCRTC), $518,000 from the Refuse Enterprise Fund for the Dimeo Lane work, and funding from Measure D, Gas Tax, and the General Fund in the FY23 Capital Improvement Program.
Prepared By:
Miguel Lizarraga
Associate Professional
Engineer
Submitted By:
Nathan Nguyen, P.E.
Public Works Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. NOTICE OF COMPLETION.DOCX
23.2 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.
No recording fee is required pursuant to Government Code § 27383.
NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:
The undersigned is an authorized representative of the owner of the interest or estate stated below.
1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Right-Of-Way
2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Ocean Street Pavement Rehabilitation Project (c400809)
3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: The improvements include the removal of non-ADA-compliant curb ramps and the installation of ADA-compliant curb ramps along Ocean Street from Highway 17 to Water Street and San Lorenzo Blvd from Broadway to Jessie Street. This project also consisted of removing and replacing asphalt pavement the width of Ocean Street from Highway 17 to Water Street, San Lorenzo Blvd from Broadway to Jessie Street, and Dimeo Lane from the City of Santa Cruz Resource Recovery Facility to Highway 1. Installation of new striping will help reduce any potential conflict between motorists, bicyclists, and pedestrians. These striping improvements include, but are not limited to, shared lane markings, high visibility crosswalks at existing crossings, and bike lane buffers where possible..
4. The general site location description or address (the “Property”) of the public improvement is located at: Ocean Street from Highway 17 to Water Street, San Lorenzo Blvd from Broadway to Jessie Street, and Dimeo Lane from the City of Santa Cruz Resource Recovery Facility to Highway 1.
5. Name and Address of Contractor. The Contractor on the Project is: Granite Rock Co. PO Box 50001, Watsonville, CA 95077.
6. Date of Completion. The Project on the Property was completed on: May 14, 2024
7. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, August 13, 2024
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:
City of Santa Cruz, Public Works
Attn: Miguel Lizarraga
WHEN RECORDED MAIL TO:
City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060
23.3 City Council
AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works
SUBJECT: Pacific Beach Roundabout Enhancements (c402507) – Professional Services Agreement (PW)
RECOMMENDATION: Motion to award a contract to RRM Design Group for professional services in the amount of $139,852 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney and authorize the Director of Public Works to execute amendments within the approved project budget.
BACKGROUND: The purpose of the Pacific-Beach Roundabout Improvement Project (c402507) is to provide a new bike lane crossing over the railroad tracks at the northeast corner of the roundabout. The new northbound bike lane will provide a near perpendicular crossing over the railroad tracks, which is the recommended crossing method. It includes modifications to the sidewalk, streetlights, street grade, storm drain and retaining wall.
The above concept design was completed by RRM Design Group as part of the Monterey Bay Sanctuary Scenic Trail Segments 8 and 9 (c401804) schematic design phase. The City of Santa Cruz (City) advertised those consultant services in May 2020 and ultimately selected RRM Design Group through a competitive qualifications-based process. RRM Design Group and the City entered into a professional services contract on March 18, 2021, to complete the requested services. The professional services for the full design of the roundabout enhancements were not included in the initial contract.
On August 25, 2023 the City Council adopted resolution NS-30,138 authorizing the City to purchase permanent easements at 24 and 30 Front Street to construct the improvements. The easements cost $144,463.00 and include approximately 62 square feet of APN 007-212-09 and 509 square feet of APN 007-212-10 and were funded by the City’s Liability Fund.
As part of the adoption of the FY 2025 Capital Investment Program (CIP), the City formally created the Pacific Beach Roundabout Enhancements project (c402507) to complete the final design and construction of the aforementioned improvements at the roundabout. The new project allows the City to expedite the improvements ahead of the Rail Trail project with the use of local funding. The scope and fee to complete these enhancements are attached.
DISCUSSION: The project is expected to improve the safety of bicycle crossings within the roundabout across the rail tracks. The enhancements will support the connectivity between the
24.1 trail, separated bike lanes on Beach Street (Rail Trail Segment 8) and bicycle lanes on Pacific Avenue.
It is important to make these improvements quickly because the imminent completion of Rail Trail Segment 7 Phase 2 will bring more cyclists into the roundabout where the track crossing is known to be challenging. RRM Design Group was the design group for the abutting rail trail project and has already completed the initial schematic designs and is most qualified to complete the final design expeditiously and therefore reduce the risk of bicycle crashes within the intersection.
Section 3.08.170 of the Municipal Ordinance allows the City to buy from cooperative purchasing agreements when is in the best interest of the City to do so. Cooperative agreements result from a formal procurement process completed by a consortium or a single agency that is authorized for use by municipalities and government agencies. Leveraging an existing competitively bid contract results in a savings of time and money for the City. For this contract, the City will be leveraging and existing agreement for design services that is still active and was recently competed. The prior selection process will be used to initiate a new contract with RRM Design Group for design services at the roundabout.
Policy:
This project supports General Plan Goal M4: “citywide interconnected system of safe, inviting, and accessible pedestrian ways and bikeways.”
FISCAL IMPACT: Funds are available in Pacific Beach Roundabout Enhancements (c402507), which is funded by Traffic Impact Fees and the Liability Fund. There is no impact to the General Fund.
Prepared By:
Matt Starkey, P.E.
Transportation Manager
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. DRAFT PROFESSIONAL SERVICES AGREEMENT_PACIFIC ROUNDABOUT ENHANCEMENTS.PDF
24.2 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 1
Professional Services Agreement With
RRM DESIGN GROUP
For PACIFIC BEACH ROUNDABOUT ENHANCEMENTS
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and RRM Design Group (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of August 13, 2024 (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 workmanlike/professional manner, in accordance with the requirements of this Agreement.
Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.
If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.
Consultant shall meet with 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.
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.
24.3 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) 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.
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. Such payments shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work 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 $139,852.00 without advance written City authorization in the form of an amendment or change order.
Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices shall indicate the percentage completion of each work task as identified in 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 an authorized representative of Consultant (if Consultant is an entity):
"I hereby certify [or as an authorized representative of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments 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.
SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for 7 months beginning on the effective date of this Agreement and terminating upon completion of the Scope of Work.
24.4 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 3
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 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 the date of the Consultant’s written termination notice specifying the default in performance. Consultant must provide a written notice of termination to the City not less than 30 calendar days of the effective termination date.
Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of 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
24.5 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 4
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.
SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.
In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.
SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.
SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.
SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.
24.6 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 5
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.
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 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.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
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.
Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, or acting on Consultant’s behalf pursuant to this Agreement, as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultants is an independent obligation from the City’s obligation to make payments to the Consultant.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.
7. Conflicts of Interest. Consultant agrees to comply with conflict of interest lawsin performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents,
24.7 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 6
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.
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
24.8 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) 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/Audits. 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, in compliance with Gov. Code §8546.7 for a contract in excess of $10,000, or in compliance with other applicable federal laws (e.g. 48 CFR 31) or regulations for a period of three (3) years from: the date of the final City payment for Consultant's services, or from the date of final disposition of real property or equipment acquired with federal funds, 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
24.9 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 8
respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations. Consultant further agrees to comply with the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Ordinance chapter 3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor.
14. Licensure. Consultant agrees that Consultant, its subcontractors and/or agents (if any) has/have complied with all applicable federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
• Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; • Will perform actual work in the City of Santa Cruz for 6 or more days annually; or • Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.
For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.
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;
24.10 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) 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 performance of its obligations in this Agreement. In the event either party is prevented or delayed in the
24.11 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 10
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
Matt Starkey
809 Center Street, Room 201
Santa Cruz, CA 95060
[email protected]
831-420-5182
To CONSULTANT:
RRM Design Group
Mike Sherrod
32332 Camino Capistrano, Suite 205
San Juan Capistrano, CA 92675
[email protected]
949-347-5587
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
27. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
28. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
24.12 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 11
[SIGNATURES ON FOLLOWING PAGE]
24.13 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) 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: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________
24.14 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 13
EXHIBIT A: SCOPE OF WORK
24.15 3765 S. Higuera St., Ste. 102 • San Luis Obispo, CA 93401 p: (805) 543-1794 • f: (805) 543-4609
www.rrmdesign.com
a California corporation Lenny Grant, Architect C26973 Robert Camacho, PE 76597 Steve Webster, LS 7561 Jeff Ferber, LA 2844 PACIFIC AVE. IMPROVEMENTS
Client: City of Santa Cruz Project Number: 0193-04-RC19 Project Name: Pacific Ave. Improvements Date: June 18, 2024 Method:
☐ Letter ☐ Email authorization attached to parties
☒ Client authorization required ☐ Included in contract, authorization not required ☐ Other:
Fee Type(s):
☒ Fixed Fee
☐ Time & Materials/Not to Exceed
(T&M/NTE)
☐ Time & Materials (T&M) - Hourly
☐ Time & Materials (T&M) - Hourly
RRM Design Group, a California Corporation ("RRM Design Group"), has entered into an agreement with the City of Santa Cruz (the "Client") dated March 18, 2021 (the "Prime Agreement") for the project: Rail Trail Segments 8 and 9 (the "Project"). Additional Services Authorized by the Client are subject to the Terms and Conditions of the Prime Agreement.
DESCRIPTION OF WORK TO BE PERFORMED
I. SCOPE OF SERVICES
Subtask Z.01: Positive Utility Location
RRM identified existing wet and wire utilities in the project area that will be crossed and potentially in conflict with the relocated storm drain pipe, street light footings, and rail road flasher footing. To address this, RRM will utilize Psomas to use a combination of a standard electromagnetic utility locator, ground penetrating radar unit, sonic wave generator, and/or magnetic locator, and potholing at eight (8) locations to positively locate the utility lines. The field information will be assembled into a Utility Detection Report identifying the utility, depth and location. RRM’s survey team will follow the utility location team to survey pothole locations and incorporate this data into the CAD base file for use in the profiles to remove utility conflicts in the design.
24.16 Rail Trail Segments 8 and 9
City of Santa Cruz
Pacific Ave. Improvements
June 18, 2024
Deliverables: - Utility Detection Report
- Pothole data sheets
Subtask Z.02: Construction Documents
Based on the site plan shown in the Final Schematic Plan and Final Schematic Plan review comments received from the City in Bluebeam Studio, RRM will prepare Construction Documents for the Pacific Avenue Improvements (limits shown on Attachment A). Improvements include:
· Curb and gutter relocation
· Sidewalk replacement with pervious paving
· Curb ramp and driveway replacement
· Roadway patch and paving
· Retaining wall & guardrail replacement at back of sidewalk · Relocating two (2) roadway lights
· Relocating one (1) railroad flasher
· High-visibility striping improvements for crosswalks and Class II bike facility · Storm drain system relocation and improvements
RRM will prepare 80% Draft Construction Documents for the improvements listed above. Tentative sheet series will include:
· Demolition Plan
· Erosion Control Plan
· Horizontal Control Plan and Construction Details
· Grading Plan and Storm Drain Profile
· Retaining Wall Profile and Details
· Striping and Signage Plan
· Railroad Flasher Relocation Plan
The 80% Draft Construction Documents package will also include draft specifications (2023 Caltrans Format) and one (1) draft construction cost estimate (Caltrans Bid Form Format). The 80% Draft Construction Documents will be submitted to the City’s Project Manager for distribution and review.
This scope assumes all comments will be consolidated into one (1) set of comments, to which RRM can respond.
Based on the comments received, RRM will prepare the 100% Draft Construction Documents package to address plan-check comments generated from the City’s review of the 80% construction document submittal. The 100% Draft Construction Documents will be submitted to the City’s Project Manager for distribution and back-check.
Based on any minor back-check comments received, RRM will prepare the Bid-Ready Construction Documents. Once the final revisions are complete, one (1) signed reproducible Bid-Ready set of Construction Documents will be submitted to the City’s Project Manager for final City/Agency signatures and bidding.
24.17 Rail Trail Segments 8 and 9
City of Santa Cruz
Pacific Ave. Improvements
June 18, 2024
Deliverables: - 80% Draft Construction Document plans and specifications (electronic file) - One (1) Draft construction cost estimate
- 100% Draft Construction Document plans and specifications (electronic file) - 80% response to comments memo (electronic file)
- Bid-Ready Construction Document plans and specifications (electronic file) Subtask Z.03: Project Coordination & Management
RRM’s project manager will coordinate with City, Roaring Camp Railroad, RTC (if needed), and sub-consultants on an on-going basis throughout the project’s lifecycle. This task also includes internal QA/QC, document review, and day-to-day project coordination efforts including general correspondence and Teams conferencing as required to support City staff during the Project’s development.
Deliverables: - Memos, meeting minutes, project schedule maintenance and general correspondence for document control, compiled in electronic and hardcopy file form.
II. COMPENSATION
Subtask Z.01: Positive Utility Location Fixed Fee: $ 27,608 Subtask Z.02: Construction Documents Fixed Fee: $ 102,704 Subtask Z.03: Project Coordination & Management Fixed Fee: $ 9,540 Total Pacific Ave. Improvements $ 139,852
Notes:
1. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced.
III. AGENCY RESPONSIBILITIES
· One contact person who will serve as the City’s representative and will consolidate all Agency review comments into one list of official comments to which RRM can respond. · Prepare bid and contract “boiler plate” documents, such as bid form, invitation, instructions, general and special conditions, contract forms, insurance, forms, etc. · Document distribution for design reviews, bidding, and construction. · Bidding and construction management, inspection, and testing.
IV. ASSUMPTIONS
· Specifications will utilize 2023 Caltrans Standard Specifications. · Project will not rise to the mandatory development requirement tiers of the RWQCB using pervious concrete for the new sidewalk construction.
· Project will not modify the railroad track panels.
24.18 Rail Trail Segments 8 and 9
City of Santa Cruz
Pacific Ave. Improvements
June 18, 2024
V. LIMITATION OF SCOPE
Please note that the tasks to be performed by the RRM team are limited to those outlined above.
This scope of services excludes the following:
· Additional roadway lights
· Preparation of photometrics
· GO-88B permitting
· Water Quality Management Plan (WQMP)
· Preparation of the SWPPP and SMARTS registration (Contractor’s responsibility) · Utility analysis or improvement beyond project limit
· Payment of fees (permit, processing, noticing, etc.)
Any additional services that RRM Design Group is asked to perform over and above the tasks described above will be billed on a negotiated and City approved fixed fee or hourly basis as additional services.
24.19 STOP
PACIFIC AVE.
.
BEA
SD
SD
SD
SD SD
SD
SD
SD
D SD
SD
SD
SD
SD
SD
SD
nts
16 17
1616 R R
R R
ELD
YIELD
R R R R
YIELD
YIELD YIE
EB WM WM
EB
EB
EB EB CO
EB
CITY OF SANTA CRUZ YIE SIGNAL CABINET
CONDUCTORS BETWEEN CABINET AND RELOCATED FLASHERS
PROJECT LIMIT
PROJECT LIMIT
PROJECT LIMIT
ATTACHMENT A
24.20 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 14
EXHIBIT B: FEE SCHEDULE
24.21 RR
MP.I.C./
Project
Manager
RRMMultiuse Trail
Specialist/
Landscape Architect
RRMTrail Design
Support
Staff
RRMCivil
Engineer Manager
RRMCivil
Engineer RR
MEngineering
Support
Staff
ZephyrRailroad Engineering `
ThomaElectrical Engineering
SAI Specification
Writer
PrecisionCost Estimation
PSOMASUtility Locating MMEStructural Engineering
255 $ per hour 125 $ per hour 125 $ per hour 240 $ per hour 170 $ per hour 120 $ per hour fee per task fee per task fee per task fee per task fee per task fee per task Amend 04
L.01 Utility Location (Utility Research, Substructure Utility Detection, Potholing) LS $27,608 L.02 Construction Documents 62 $7,700 88 $11,000 35 $8,448 66 $11,220 48 $5,808 LS $16,500 LS $6,655 LS $12,023 LS $3,000 LS $20,350 Con Doc Calc Avg (20 sheets @ 5,000/sht + ce/spec) -$ $ 7,000 $ 10,000 $ 7,680 10,200$ 5,280$ $ 15,000 $ 6,050 $ 10,930 $ 3,000 -$ $ 18,500 Base File Creation/Separation $ 3,000 8 $1,000 16 $2,000Title & Reference Sheets (2 Sheets) $ 1,180 4 $500 4 $680 Demolition Plans (1 Sheet) $ 7,320 16 $2,000 24 $3,000 4 $960 8 $1,360 Erosion Control Plan (1 Sheet) $ 4,160 4 $960 16 $2,720 4 $480Construction Plan and Details (2 Sheets) $ 6,920 16 $2,000 24 $3,000 4 $960 8 $960 Horizontal Control (1 Sheet) $ 2,400 4 $960 12 $1,440
Grading Plan and Storm Drain Profile (1 Sheet) $ 8,680 12 $2,880 20 $3,400 20 $2,400 Striping/Signage Plan and Details (2 Sheet) $ 2,500 4 $500 16 $2,000 Retaining Wall Plan, Profile and Details (3 Sheet) $ 20,360 4 $500 8 $1,360 $18,500 RR Flasher Plan and Details (3 Sheets) $ 15,000 $15,000Electrical Plans and Details (3 Sheets) $ 4,950 $4,950Specifications $ 12,710 4 $680 $1,100 $10,930 80% Construction Cost Opinion $ 4,460 4 $500 4 $960 $3,000 L.03 Project Coordination & Management 8 $2,040 60 $7,500 $ 93,640
$ 27,608$ 9,540
$ 139,852
Pacific Beach Roundabout Enhancements c402507
Internal Budget Worksheet
$ 102,704
24.22 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 15
EXHIBIT C: WORK SCHEDULE
24.23 ID Task Name Duration Start Finish
1 2 Final Design Phase 121 days Mon 9/2/24 Mon 2/17/25
3 Prepare 80% Draft Construction Documents 20 days Mon 9/2/24 Fri 9/27/24 4 Conduct Supplemental Field Survey (For Design) 2 days Thu 9/5/24 Fri 9/6/24 5 Utility Potholing 3 days Mon 9/9/24 Wed 9/11/246 Conduct Supplemental Field Survey (For Utilities) 2 days Thu 9/12/24 Fri 9/13/24 7 Prepare Specifications (SAI) 10 days Mon 9/30/24 Fri 10/11/24 8 Prepare Cost Estimate (Precision) 5 days Mon 10/7/24 Fri 10/11/249 Submit 80% Plans to City for Review 0 days Mon 10/14/24 Mon 10/14/24 10 City Review of 80% CD's 5 days Mon 10/14/24 Fri 10/18/24 11 Prepare 100% Draft Construction Documents 10 days Mon 10/21/24 Fri 11/1/24 12 Update Specifications (SAI) 3 days Wed 10/30/24 Fri 11/1/2413 Submit 100% Plans to City for Review 0 days Mon 11/4/24 Mon 11/4/24 14 City Back-Check of 100% CD's 5 days Mon 11/4/24 Fri 11/8/24 15 Prepare Bid-Ready Construction Documents 5 days Mon 11/11/24 Fri 11/15/24 16 Submit Plans and Technical Specs to City 0 days Fri 11/15/24 Fri 11/15/2417 City Completes Front End Specs 7 days Mon 11/18/24 Tue 11/26/24 18 City Council To Authorize Bid Process 0 days Tue 11/26/24 Tue 11/26/2419 Bid and Award 51 days Mon 12/2/24 Mon 2/10/25 20 Contractor Mobilizes 0 days Mon 2/17/25 Mon 2/17/25
Prepare 80% Draft Construction Documents
Conduct Supplemental Field Survey (For Design)
Utility Potholing
Conduct Supplemental Field Survey (For Utilities)
Prepare Specifications (SAI)Prepare Cost Estimate (Precision) 10/14 Submit 80% Plans to City for Review
City Review of 80% CD's
Prepare 100% Draft Construction Documents
11/4 Submit 100% Plans to City for Review
City Back-Check of 100% CD's 11/8
Prepare Bid-Ready Construction Documents
11/15 Submit Plans and Technical Specs to City
City Completes Front End Specs
11/26 City Council To Authorize Bid Process
Contractor Mobilizes 2/17
23 28 2 7 12 17 22 27 2 7 12 17 22 27 1 6 11 16 21 26 1 6 11 16 21 26 31 5 10 15 20 25 30 4 9 14 19 September 2024 October 2024 November 2024 December 2024 January 2025 February 2025 Design Team Activity Agency Activity Milestone Summary
Project: Pacific Avenue ImprovementsDate: Wed 7/10/24
24.24 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 16
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Ave., Suite 290, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required as specified below.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. • PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.
Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract of work.
• AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
• WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
24.25 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 17
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
• CONTRACTORS’ POLLUTION LIABILITY and/or ASBESTOS POLLUTION LIABILITY (CPL) (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
1. If the services involve lead-based paint or asbestos identification / remediation, the Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
2. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering hazardous materials to be transported by Consultant pursuant to the Agreement. This coverage may also be provided on the Consultant’s Pollution Liability policy.
C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, 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
24.26 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 18
non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work. • SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy (and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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).
24.27 City of Santa Cruz Professional Services Agreement for Pacific Beach Roundabout Enhancements July 2024 (Form Rev.01/24 ) Page 19
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.
24.28 City Council
AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works
SUBJECT: Resource Recovery Facility Enclosed Flare Installation Project (c402512) – Contract Amendment No. 7 and Budget Adjustment (PW)
RECOMMENDATION: Motion to:
1) Authorize the City Manager to execute Contract Amendment No.7 with Tetra Tech BAS for engineering services for the Resource Recovery Facility Enclosed Flare Installation Project (c402512) in the amount of $1,785,870 in a form approved by City Attorney. The Public Works Director is authorized to execute future amendments within the approved project budget; and 2) Adopt a resolution to amend the FY 2025 budget and appropriate funds in the amount of $350,000 for the Resource Recovery Facility Enclosed Flare Installation Project (c402512).
BACKGROUND: In July 2006, the City of Santa Cruz (City) and Tetra Tech BAS (TTBAS, formerly Bryan A. Stirrat & Associates) entered into a contract for engineering services at the Resource Recovery Facility (RRF), providing consultant services and technical support in design of the landfill cell liners, final cover areas, design of mitigation systems, slope repairs, environmental monitoring services, report writing, etc. Since then, the following amendments have been executed as follows:
- Contract Amendment No. 1 was authorized by City Council (Council) on February 13, 2007 in the amount of $89,435 to extend TTBAS’s engineering services through June 2008. - Contract Amendment No. 2 was authorized by Council on October 9, 2007 in the amount of $634,000 from the Refuse Fund budget to provide design services, engineering quality assurance and construction management services for the development of lined Cell 3 (A and B). - Contract Amendment No. 3 was authorized by Council November 29, 2016 in the amount of $99,500 to wrap up the construction management for the Cell 3A Development Project. - Contract Amendment No. 4 was authorized by Council on May 12, 2020 in the amount of $831,000 to fund the design, permitting, construction management, construction quality assurance, and engineering support services for the installation of Cell 3B and the site’s partial closure.
- Contract Amendment No. 5 was authorized by Council on June 28, 2022 in the amount of $132,000 for the continuation of field support work, quality assurance control, and construction administration for the ongoing construction of Cell 3B.
25.1 - Contract Amendment No. 6 was executed by the Director of Public Works on March 31, 2024 in the amount of $59,483 for the emergency engineering support services relating to the Landfill Gas Collection and Control System at the Resource Recovery Facility.
DISCUSSION: The City’s RRF is required to have a landfill gas (LFG) collection and control system that continuously extracts gas from the landfill and sends it to a destruction device such as a flare or engine. To meet this requirement, the City has contracted with a third-party vendor for 40 years to operate a landfill gas to-energy (LTE) facility to collect and convert LFG into electricity which is sent back into the PG&E grid. The LTE Facility, owned and operated by Opal Fuels, was shut down, at no fault of the City or its vendor, due to damage to PG&E’s electrical infrastructure from the February 2024 storm event, which has since been declared a federal disaster.
The City immediately notified the Monterey Bay Air Resources District (MBARD) upon learning of the shutdown. PG&E was unable to provide a repair timeline, therefore, staff initiated work to provide an alternative gas management system until normal operations could resume and worked with the RRF’s contracted consulting engineering firm, Tetra Tech BAS (TTBAS), to start researching, identifying, obtaining quotes, and evaluating rental options for temporary LFG destruction devices. Upon determining that an open flare was the most cost effective and quickest option for the RRF to get back into compliance, TTBAS assisted the City to obtain approval from MBARD to operate a temporary open flare LFG destruction device to resume LFG collection and destruction and bring the RRF back into compliance.
The temporary open flare is meant to be a backup to continue collecting and destroying LFG when the LTE plant is down. If the RRF cannot collect and destroy LFG continuously, it is a violation of state requirements. If the RRF does not have this backup should the plant shut down again, it would be a repeat violation, which will cause the penalty fee to increase.
Open flares are no longer allowed in California, however, given the potential environmental and health and safety risks associated with uncollected LFG, MBARD gave the City approval to operate the temporary open flare until May 10, 2025. One of the approval conditions was to apply for a permanent enclosed flare permit by September 6, 2024. This would mean that the City will need to have a design for the enclosed flare by this date. If the City does not meet that deadline, MBARD has the right to revoke the variance to operate the temporary flare, which has the potential to put the City in violation again.
TTBAS has proven, through getting the temporary flare on site, installed, and permitted so efficiently, that they have the knowledge of the landfill’s site conditions and gas collection system, experience with LFG collection systems compliance, design, and construction to help the City meet the tight deadlines set by MBARD.
Per Section 3.08.150 of the Purchasing Ordinance, staff submitted on July 10, 2024, the Single Source justification to the Purchasing Manager, and was given approval on the informal process given the below time constraints of the project. In order to meet the approval condition to submit an application to operate an enclosed flare by September 6, 2024, the flare design and procurement will need to start immediately. TTBAS is the best qualified firm based on their knowledge of the landfill’s site and LFG collection system needs, designing the RRF temporary open flare, and this recent experience working with MBARD. They will be able to obtain quotes and perform cost analysis to ensure the City is getting fair prices for the enclosed flare.
25.2 Staff proposes to authorize an amendment to the Professional Services Agreement with TTBAS to provide engineering services in the amount of $1,785,870.
FISCAL IMPACT: The Resource Recovery Facility Enclosed Flare Installation (c402512) currently does not have enough funds in the FY 2025 Capital Investment Program (CIP) budget.
To fully fund the project, staff are requesting a budget adjustment of $350,000 from Recycling Center Storm Water Quality Improvement (c402111). Both CIP projects are funded by the Refuse Fund. 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. BUDGET ADJUSTMENT.PDF
2. CONTRACT AMENDMENT NO. 7.PDF
25.3 City of Santa Cruz
BUDGET ADJUSTMENT REQUEST
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Fully fund the Permanent Flare Installation Project, which includes, design, engineering support during construction, permitting, and procurement of the flare.
0 731-40-62-7353-57308 c402111-100-2020-0 Solid waste systems -350,000 Recycling Center Storm Wtr Quality Imprv
731-40-62-7353-57308 c402512-100-2020-0 Solid waste systems 350,000 Resource Recov Facil Enclosed Flare Inst
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Christin
a Alberti
Digitally signed by
Christina Alberti
Date: 2024.07.16
16:12:14 -07'00'
Nathan N.
Nguyen
Digitally signed by
Nathan N. Nguyen
Date: 2024.07.24
19:07:59 -07'00'
Nicholas
Gong
Digitally signed by
Nicholas Gong
Date: 2024.07.26
09:24:43 -07'00'
Elizabet
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Digitally signed by
Elizabeth Cabell
Date: 2024.07.29
09:15:15 -07'00' 25.4
CONTRACT AMENDMENT NO. 7
TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN
THE CITY OF SANTA CRUZ AND
TETRA TECH BAS
THIS CONTRACT AMENDMENT NO. 7, effective as of _________, 2024 (“Contract Amendment No. 7”) to the Agreement for Engineering Services dated July 1, 2006, is made by and between the City of Santa Cruz (“City”) and Tetra Tech BAS (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”
1. On July 1, 2006, the City and Consultant entered into an agreement for consultant engineering services for the Resource Recovery Facility (the “Agreement”), incorporated herein by this reference.
2. In February 14 2007, the Agreement was amended by a Contract Amendment No. 1, incorporated herein by reference, to extend Consultant’s engineering services beyond the original Agreement term.
3. On November 5, 2007, the Agreement was amended by a Contract Amendment No. 2, incorporated herein by reference, in the amount of $634,000 to include engineering services for Cell 3 development including design and construction management at the City’s Resource Recovery Facility. Tetra Tech BAS has completed construction management services, construction quality assurance and engineering support for the construction of Cell 2.
4. On November 29, 2016, the Agreement was amended by a Contract Amendment No. 3, incorporated herein by reference, in the amount of $99,500 to fully fund the engineering support services required to complete the construction of Cell 3A (the first phase of the Cell 3 Development Project). Tetra Tech BAS has completed construction management services, construction quality assurance and engineering support for the construction of Cell 3A.
5. On May 19, 2020, the Agreement was amended by a Contract Amendment No. 4, incorporated herein by reference, in the amount of $813,000 for consulting engineering services for the RRF’s Cell 3B design and construction (the second phase of the Cell 3 Development Project), and partial final closure. The Cell 3B Development includes design of the Cell 3B excavation and liner system, partial final closure, engineering supporting, construction management, and construction quality assurance.
6. On July 13, 2022, the Agreement was amended by Contract Amendment No. 5, incorporated herein by reference, in the amount of $132,000 for the continuation of field support work, quality assurance control, and construction administration for the ongoing construction of Cell 3B, as specified herein.
7. On March, 31, 2024, the Agreement was amended by Contract Amendment No. 6, incorporated herein by reference, in the amount of $ for the emergency engineering support services relating to the Landfill Gas Collection and Control System at the Resource Recovery Facility.
8. Contract Amendment No. 7 to the Agreement is now necessary for the design, procurement, permitting, and engineering support services relating to the RRF Enclosed Flare Installation Project.
25.5 9. In consideration of the mutual covenant of the parties thereto, the parties do agree and the Agreement is amended as follows:
a. Agreement, Section 4, Fees and Payment, is amended to add payments in the amount of $1,785,870 as set forth in the “Proposal for the Procurement of a Flare and Associated Design and Construction Bidding Support for the Installation of a Low Nitrogen Oxide Flare at the City of Santa Cruz Resource Recovery Facility in Santa Cruz, California” hereunto attached and made a part hereof of this amendment to the Agreement as Exhibit A.
10. Notwithstanding these amended terms of the original Agreement by this Contract Amendment No. 7, all other applicable terms and conditions of the original Agreement and attachments, and other prior amendment(s), shall remain in full force and effect. The terms of this Contract Amendment No. 7 shall control if any conflict exists.
11. Each party acknowledges that it has reviewed this Contract Amendment No. 7 and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract Amendment No. 7.
12. The unenforceability, invalidity or illegality of any provision(s) of this Contract Amendment No. 7 shall not render the other provisions unenforceable, invalid or illegal.
13. The Parties may execute this Contract Amendment No. 7 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.
14. The signatories to this Contract Amendment No. 7 warrant and represent that each is authorized to execute this Contract Amendment No. 7 and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Contract Amendment No. 7. [SIGNATURES ON FOLLOWING PAGE]
25.6 IN WITNESS WHEREOF, the City and the Consultant have executed this Contract Amendment 7 effective as of the date first written above.
Approved As To Form:
By: _____________________________ Date: ___________
Barbara Choi, Office of the City Attorney
CONSULTANT
By: _____________________________ Date: __________________ Printed: __________________________ Title: _________________________ By: _____________________________ Date: __________________ 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
CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker, City Manager
Technical Review:
By: _____________________________ Date: ___________
Kevin Crossley, City Engineer/Assistant Director
25.7 City Council
AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works
SUBJECT: Dufour Street and Seaside Street Intersection Improvements - Approval of Plans and Environmental Determination (PW)
RECOMMENDATION: Motion to:
1) Adopt a resolution modifying the intersection of Dufour Street and Seaside Street to a fourway stop and rescinding Resolution No. NS-30,326; 2) Adopt a resolution approving the plans for the four-way stop at Dufour Street and Seaside Street pursuant to Government Code Section 830.6; and
3) Find the intersection improvements at Dufour Street and Seaside Street Categorical Exempt under CEQA Guidelines 14 CCR Section 15301(c).
BACKGROUND: The City of Santa Cruz (City) Transportation Engineering Division of Public Works regularly receives requests for stop sign installations, resulting in staff performing standard City Stop Warrant analysis. The warrant contains a set of criteria that corresponds to a point system and threshold for approval.
Dufour Street is a residential street in the Westside area that connects to Mission Street and the Circles neighborhood. Seaside Street is considered a main bike route and serves as a connection to Bayview Elementary.
The segment of Dufour Street has a speed limit of 25 miles-per-hour. The intersection of Dufour Street and Seaside Street is currently controlled with a two-way stop sign along Seaside Street, and Dufour Street is uncontrolled. The roadway receives an average daily traffic (ADT) of 2,500 vehicles per day and an average of 250 bicycles per day.
DISCUSSION: City staff received a request for installation of a four-way stop at the intersection of Dufour Street and Seaside Street. Staff contracted with Traffic Data Service to perform vehicle, bicycle and pedestrian traffic counts. The traffic counts were collected the week of April 8, 2024, to capture traffic when school was in session. After the traffic counts were collected, an All-Way (four-way) Stop Sign Warrant was performed and the threshold was reached (16 out of 50 total points, with 15 required for approval). Based on the results of the Stop Sign Warrant, staff recommend installation of the All-Way (four-way) Stop at the Dufour Street and Seaside Street intersection.
26.1 Prior to moving forward with the potential intersection improvements, staff placed a notification at the affected location and sent notifications to the surrounding properties in accordance with requirements of the City of Santa Cruz Municipal Section 10.16.015. Staff did not receive an appeal during the review period.
The plans call for a four-way stop control and daylighting (per section 22500 of the CA Vehicle Code) at all corners of the intersection to improve visibility. These features are designed to improve pedestrian access and safety and reduce vehicular speeds and conflicts.
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.
Plans can be found online at: https://www.cityofsantacruz.com/publicworksprojects Design Immunity
Government Code section 830.6 provides design immunity for public entities and public employees. Prior to the start of construction of the Dufour Street and Seaside Street improvements 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.
Policy Support
The proposed intersection improvements at Dufour Street and Seaside Street are in alignment with and will assist in implementing components of the General Plan, Climate Action Plan, Active Transportation Plan, and Vision Zero and Health in all Policies. The General Plan calls for a “citywide interconnected system of safe, inviting, and accessible pedestrian ways and bikeways” (Goal M4). The Climate Action Plan includes¬¬ the transportation objective to meet an 80% reduction in greenhouse gas (GHG) emissions by 2050, which will be accomplished largely by providing low-carbon transportation options that rival the efficiency and safety of the automobile. Vision Zero is a policy that supports the elimination of all traffic fatalities and severe injuries and supports increasing safe, healthy and equitable mobility for all.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 15301(c)(d): Class 1 Existing Facilities.
FISCAL IMPACT: The estimated cost for the sign and striping changes is $1,500 and will be funded by the Public Works Street Maintenance FY 2025 operations budget.
Prepared By:
Dan Estranero
Associate Professional
Engineer
Submitted By:
Associate Professional
Engineer
Nathan Nguyen, P.E.
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION – STOP SIGNS.DOCX
2. RESOLUTION – DESIGN IMMUNITY.DOCX
26.2 RESOLUTION NO. NS-30,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ
TO REGULATE TRAFFIC TO DEFINE AND ESTABLISH CERTAIN STREETS AND PARTS OF STREETS IN THE CITY OF SANTA CRUZ AS 1-WAY, 2-WAY, 3-WAY, 4-WAY, 5-WAY AND 6-WAY STOP INTERSECTIONS, AND
RESCINDING RESOLUTION NO. NS-30,326
BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
Section 19 - 1-Way, 2-Way, 3-Way, 4-Way, 5-Way and 6-Way Stop Intersections The street or portions of streets in the City, hereinafter described in Section 19 in the first two digits, are hereby defined and established as 1-Way, 2-Way, 3-Way, 4-Way, 5-Way and 6-Way Stop Intersections and shall be governed by the provisions of Section 10.28.020 (a) and (b) of the Santa Cruz Municipal Code.
1-Way Stop
Section 19.0005 Algea Street stops for Delaware Avenue
Section 19.0010 Alhambra Avenue stops for East Cliff Drive Section 19.0015 Alhambra Avenue stops for Murray Street Section 19.0020 Almar Avenue stops for West Cliff Drive Section 19.0025 Alta Avenue stops for Fair Avenue
Section 19.0030 Alta Vista Drive stops for Nobel Drive
Section 19.0035 Amat Street stops for Potrero Street
Section 19.0040 Amber Lane stops for North Branciforte Avenue Section 19.0045 Anderson Street stops for Almar Avenue
Section 19.0050 Anderson Street stops for Fair Avenue
Section 19.0055 Anita Street stops for Bay Street
Section 19.0060 Anita Street stops for Olive Street
Section 19.0065 Anthony Street stops for Laurent Street Section 19.0070 Archer Drive stops for Fridley Drive
Section 19.0075 Atlantic Avenue stops for Seabright Avenue Section 19.0080 Auburn Avenue stops for Modesto Avenue
Section 19.0085 Auburn Avenue stops for West Cliff Drive Section 19.0090 Avalon Avenue stops for Berry Street
Section 19.0095 Avalon Avenue stops for Market Street
Section 19.0100 Barson Street stops for Campbell Avenue Section 19.0105 Bartlett Way stops for Isbel Drive
Section 19.0110 Bayona Drive stops for Escalona Drive
Section 19.0115 Bayona Drive stops for Alta Vista Drive Section 19.0120 Beachview Avenue stops for Grandview Street Section 19.0125 Beachview Avenue stops for Western Drive Section 19.0130 Belmont Street stops for Emeline Avenue Section 19.0135 Bellevue Street stops for Seaside Street
26.3 RESOLUTION NO. NS2
Section 19.0140 Belvedere Terrace stops for North Branciforte Avenue Section 19.0145 Benito Avenue stops for Soquel Avenue
Section 19.0150 Benito Avenue stops for Water Street
Section 19.0155 Berkeley Way stops for North Branciforte Avenue Section 19.0160 Berry Street stops for Button Street
Section 19.0165 Bethany Curve stops for Delaware Avenue Section 19.0170 Bixby Street stops for San Lorenzo Boulevard Section 19.0175 Bixby Street stops for Barson Street
Section 19.0180 Blackburn Street stops for Laurel Street Section 19.0185 Blaine Street stops for Ocean Street
Section 19.0190 Brook Avenue stops for East Cliff Drive Section 19.0195 Brookwood Drive stops for Upper Park Road Section 19.0200 Buena Vista Avenue stops for Hiawatha Avenue Section 19.0205 Bulkhead Street stops for North Pacific Avenue Section 19.0210 Bulkhead Street stops for Water Street
Section 19.0215 Button Street stops for Plymouth Street Section 19.0220 Calcita Drive stops for Carbonera Drive Section 19.0225 Calcita Drive stops for Isbel Drive
Section 19.0230 Caledonia Street stops for Soquel Avenue Section 19.0235 California Avenue stops for Errett Circle Section 19.0240 Campbell Avenue stops for Broadway
Section 19.0245 Canfield Avenue stops for Barson Street Section 19.0250 Canfield Avenue stops for San Lorenzo Boulevard Section 19.0255 Carbonera Drive stops for El Rancho Drive Section 19.0260 Carbonera Drive stops for Vista Bella Drive Section 19.0265 Cardiff Place stops for High Street
Section 19.0270 Cardiff Place stops for Iowa Drive
Section 19.0275 Carl Avenue stops for Park Way
Section 19.0280 Carl Avenue stops for Soquel Avenue
Section 19.0285 Castillion Terrace stops for Nobel Drive Section 19.0290 Catalpa Street stops for Melrose Avenue Section 19.0295 Catalpa Street stops for Water Street
Section 19.0300 Cayuga Street stops for Soquel Avenue
Section 19.0305 Cedar Street stops for Center Street
Section 19.0310 Centennial Street stops for Bay Street
Section 19.0315 Centennial Street stops for Monterey Street Section 19.0320 Centennial Street stops for Pelton Avenue Section 19.0325 Chace Street stops for Fair Avenue
Section 19.0330 Chestnut Street stops for Green Street
Section 19.0335 Chico Avenue stops for West Cliff Drive Section 19.0340 Chilverton Street stops for Morrissey Boulevard Section 19.0345 Chilverton Street stops for North Branciforte Avenue Section 19.0350 Church Street stops for Chestnut Street Section 19.0355 Clark Avenue stops for Columbia Street
Section 19.0360 Clark Avenue stops for Pelton Avenue
Section 19.0365 Clay Street stops for Barson Street
26.4 RESOLUTION NO. NS3
Section 19.0370 Clay Street stops for Broadway
Section 19.0375 Cleveland Avenue stops for Laurel Street Section 19.0380 Cleveland Avenue stops for Walnut Avenue Section 19.0382 Clinton Street and Darwin Street
Section 19.0383 Clinton Street and Owen Street
Section 19.0385 Coloma Street stops for Ocean Street
Section 19.0390 Colorado Street stops for King Street
Section 19.0395 Columbia Street stops for Bay Street
Section 19.0400 Cowell Street stops for Lighthouse Avenue Section 19.0405 Cowell Street stops for West Cliff Drive Section 19.0410 Crespi Court stops for Grandview Street Section 19.0415 Crestview Terrace stops for Alta Vista Drive Section 19.0420 Curtis Street stops for Washburn Avenue Section 19.0425 Cypress Avenue stops for East Cliff Drive Section 19.0430 Dahlia Street stops for North Branciforte Avenue Section 19.0435 Dakota Avenue stops for Ocean Street
Section 19.0440 Dakota Avenue stops for Soquel Avenue
Section 19.0450 Darwin Street stops for Soquel Avenue
Section 19.0455 David Way stops for West Cliff Drive
Section 19.0460 Delacosta Avenue stops for Fair Avenue
Section 19.0465 Delacosta Avenue stops for West Cliff Drive Section 19.0467 Delaware Avenue and Shaffer Road
Section 19.0470 Doane Street stops for Seabright Avenue Section 19.0475 Doyle Street stops for North Branciforte Avenue Section 19.0480 Doyle Street stops for Soquel Avenue
Section 19.0485 Dufour Street stops for Delaware Avenue Section 19.0490 East Cliff Drive stops for Murray Street Section 19.0495 Eastgate Avenue stops for Trevethan Avenue Section 19.0500 Echo Street stops for Wavecrest Street
Section 19.0505 Echo Street stops for Western Drive
Section 19.0510 Effey Street stops for Cayuga Street
Section 19.0515 Elk Street stops for Delavega Park Road Section 19.0520 Elm Street stops for Cedar Street
Section 19.0525 English Drive stops for Fairland Way
Section 19.0530 English Drive stops for Prospect Heights Section 19.0535 Escalona Drive stops for Bay Street
Section 19.0540 Escalona Drive stops for Highland Avenue Section 19.0545 Eucalyptus Avenue stops for Pelton Avenue Section 19.0550 Fair Avenue stops for West Cliff Drive
Section 19.0555 Felix Street stop for Laurel Street
Section 19.0560 Felker Street stops for Ocean Street
Section 19.0565 Fernside Street stops for Emeline Avenue Section 19.0570 First Avenue stops for Atlantic Avenue
Section 19.0575 First Street stops for Cliff Street
Section 19.0580 First Street stops for Main Street
Section 19.0585 Flower Street stops for Alamo Avenue
26.5 RESOLUTION NO. NS4
Section 19.0590 Forbes Street stops for Seabright Avenue Section 19.0595 Forest Avenue stops for Soquel Avenue
Section 19.0600 Fourth Avenue stops for Atlantic Avenue Section 19.0605 Franklin Street stops for Ocean Street
Section 19.0606 Fridley Street stops for Iowa Drive
Section 19.0610 Front Street stops for Pacific Avenue
Section 19.0615 Front Street stops for Washington Street Section 19.0620 Gault Street stops for Frederick Street Section 19.0625 Gault Street stops for Seabright Avenue Section 19.0630 Getchell Street stops for Delaware Avenue Section 19.0635 Getchell Street stops for West Cliff Drive Section 19.0640 Gharkey Street stops for West Cliff Drive Section 19.0645 Glenview Street stops for Frederick Street Section 19.0650 Glenwood Avenue stops for Curtis Street Section 19.0655 Glenwood Avenue stops for Ocean Street
Section 19.0660 Goss Avenue stops for Elk Street
Section 19.0665 Grandview Street stops for Western Drive Section 19.0670 Grant Street stops for Market Street
Section 19.0675 Grant Street stops for Plymouth Street
Section 19.0680 Green Street stops Mission Street
Section 19.0685 Grover Lane stops for Walnut Avenue
Section 19.0690 Grunewald Court stops for Market Street Section 19.0695 Hall Street stops for Seabright Avenue
Section 19.0700 Hammond Avenue stops for Morrissey Boulevard Section 19.0705 Hammond Avenue stops for Poplar Avenue
Section 19.0710 Handley Street stops for Almar Avenue
Section 19.0715 Handley Street stops for Fair Avenue
Section 19.0725 Hanover Street stops for Branciforte Avenue Section 19.0730 Hanover Street stops for Pine Street
Section 19.0735 Harrison Avenue stops for Chilverton Avenue Section 19.0740 Harvard Street stops for Pelton Avenue
Section 19.0750 Heath Street stops for Fair Avenue
Section 19.0755 Heath Street stops for Swift Street
Section 19.0760 Heather Court stops for Morrissey Boulevard Section 19.0765 Hebard Street stops for Almar Avenue
Section 19.0770 Hebard Street stops for Fair Avenue
Section 19.0775 Hiawatha Avenue stops for East Cliff Drive Section 19.0780 Highland Avenue stops for Spring Street Section 19.0790 Hillcrest Terrace stops for Highland Avenue Section 19.0795 Holden Street stops for Leibrandt Avenue Section 19.0800 Holden Street stops for Third Street
Section 19.0805 Hollywood Avenue stops for King Street
Section 19.0810 Hubbard Street stops for Market Street
Section 19.0815 Hubbard Street stops for Ocean Street
Section 19.0820 Hugus Avenue stops for North Branciforte Avenue Section 19.0825 Hunolt Street stops for Ocean Street
26.6 RESOLUTION NO. NS5
Section 19.0835 Ingalls Street stops for Almar Avenue
Section 19.0840 Ingalls Street stops for Swift Street
Section 19.0845 James Street stops for Cayuga Street
Section 19.0850 James Street stops for Seabright Avenue Section 19.0853 Jenne Street stops for Blackburn Street Section 19.0855 Jessie Street stops for East Cliff Drive Section 19.0860 Jeter Street stops for Fair Avenue
Section 19.0865 Jeter Street stops for Swift Street
Section 19.0870 Jewell Street stops for Ocean Street Extension Section 19.0875 Jocelyn Court stops for Isbel Drive
Section 19.0880 John Street stops for Delaware Avenue
Section 19.0885 John Street stops for West Cliff Drive
Section 19.0890 Jorden Street stops for Escalona Drive
Section 19.0895 Josephine Street stops for River Street Section 19.0900 Kalkar Drive stops for High Street
Section 19.0905 Kalkar Lane stops for Kalkar Drive
Section 19.0910 Kaye Street stops for Third Street
Section 19.0915 Kenneth Street stops for Laurent Street Section 19.0920 Kenneth Street stops for Olive Street
Section 19.0925 Keystone Avenue stops for North Branciforte Avenue Section 19.0930 Keystone Avenue stops for Poplar Avenue Section 19.0935 Kirby Street stops for Escalona Drive
Section 19.0940 Kirby Street stops for King Street
Section 19.0945 Knight Street stops for North Pacific Avenue Section 19.0950 LaFonda Avenue stops for Prospect Heights Section 19.0955 LaFonda Avenue stops for Soquel Avenue
Section 19.0960 Laguna Street stops for Bay Street
Section 19.0965 Laguna Street stops for Monterey Street Section 19.0970 Laguna Street stops for Pelton Avenue
Section 19.0975 Lance Court stops for Elk Street
Section 19.0980 Laurent Street stops for California Street Section 19.0985 Lee Street stops for Emeline Avenue
Section 19.0990 Leibrandt Avenue stops for Beach Street Section 19.0995 Lemos Avenue stops for Ocean Street
Section 19.1000 Lennox Street stops for Bay Street
Section 19.1005 Leonard Street stops for May Avenue
Section 19.1010 Leonard Street stops for Ocean Street
Section 19.1015 Liberty Street stops for Bay Street
Section 19.1020 Liberty Street stops for Monterey Street Section 19.1025 Liberty Street stops for Nevada Street
Section 19.1030 Liberty Street stops for Pelton Avenue
Section 19.1035 Lighthouse Avenue stops for Bay Street
Section 19.1040 Lighthouse Avenue stops for Pelton Avenue Section 19.1045 Limestone Lane stops for Kalkar Drive
Section 19.1050 Lisa Court stops for Western Drive
Section 19.1055 Locust Street stops for Chestnut Street
26.7 RESOLUTION NO. NS6
Section 19.1060 Logan Street stops for Seabright Avenue Section 19.1065 Madrone Street stops for River Street
Section 19.1070 Magnolia Street stops for Melrose Avenue Section 19.1075 Magnolia Street stops for Water Street
Section 19.1080 Main Street stops for Beach Street
Section 19.1085 Main Street stops for Third Street
Section 19.1090 Majors Street stops for Laurent Street
Section 19.1095 Manor Avenue West stops for Lighthouse Avenue Section 19.1100 Manor Avenue stops for West Cliff Drive Section 19.1105 Maple Street stop for Center Street
Section 19.1110 Maple Street stops for Pacific Avenue
Section 19.1115 Maple Street stops for Washington Street Section 19.1120 Marine Parade stops for Seabright Avenue Section 19.1125 Marnell Avenue stops for Soquel Avenue
Section 19.1130 Marnell Avenue stops for Morrissey Boulevard Section 19.1135 Mason Street stops for Bay Street
Section 19.1140 May Avenue stops for Soquel Avenue
Section 19.1145 McCornick Street stops for North Branciforte Avenue Section 19.1150 McPherson Street stops for Fair Avenue
Section 19.1155 McPherson Street stops for Swift Street Section 19.1160 Meadow Rd stops for Spring Street
Section 19.1165 Meder Street stops for Bay Drive
Section 19.1170 Melrose Avenue stops for Morrissey Boulevard Section 19.1175 Melrose Avenue stops for Poplar Avenue
Section 19.1180 Melrose Avenue stops for Stanford Avenue Section 19.1185 Mentel Avenue stops for Soquel Avenue
Section 19.1190 Merced Avenue stops for West Cliff Drive Section 19.1195 Mesa Lane stops for King Street
Section 19.1200 Miles Street stops for King Street
Section 19.1205 Minnie Street stops for North Branciforte Avenue Section 19.1210 Mira Vista Drive stops for Alta Vista Drive Section 19.1215 Mission Street stops for Swift Street
Section 19.1220 Modesto Avenue stops for Swanton Boulevard Section 19.1225 Modesto Avenue stops for Swift Street
Section 19.1230 Monarch Way stops for Western Drive
Section 19.1235 Monte Street stops for Isbel Drive
Section 19.1240 Monterey Street stops for Lighthouse Avenue Section 19.1245 Monterey Street stops for West Cliff Drive Section 19.1250 Mora Street stops for River Street
Section 19.1260 Mott Avenue stops for East Cliff Drive
Section 19.1265 Mountain Way stops for Alamo Avenue
Section 19.1270 Mountain Way stops for Western Drive
Section 19.1275 Municipal Pier Parking Lot stops for Municipal Pier Section 19.1280 Murray Street stops for East Cliff Drive Section 19.1285 Murray Street Spur stops for Seabright Avenue Section 19.1290 Naglee Avenue stops for Woodrow Avenue
26.8 RESOLUTION NO. NS7
Section 19.1295 Nanna Court stops for Isbel Drive
Section 19.1300 National Street stops for Bay Street
Section 19.1305 National Street stops for Pelton Avenue Section 19.1310 Natural Bridges Drive stops for Delaware Avenue Section 19.1315 Natural Bridges Drive stops for Mission Street Section 19.1320 Nevada Street stops for Columbia Street Section 19.1325 Oak Way stops for LaFonda Avenue
Section 19.1330 Ocean Street Extension stops for Graham Hill Road Section 19.1335 Oceanview Avenue stops for Broadway
Section 19.1340 Oceanview Avenue stops for Soquel Avenue Section 19.1345 Olive Street stops for Escalona Drive
Section 19.1350 Oregon Street stops for Columbia Street Section 19.1355 Oregon Street stops for Laguna Street
Section 19.1360 Oregon Street stops for Liberty Street
Section 19.1365 Oregon Street stops for Lighthouse Avenue Section 19.1370 Otis Street stops for California Street Section 19.1375 Otis Street stops for King Street
Section 19.1380 Oxford Way stops for Columbia Street
Section 19.1385 Pacheco Avenue stops for Fairmount Avenue Section 19.1390 Pacheco Avenue stops for Soquel Avenue
Section 19.1395 Pacific Avenue stops for Front Street
Section 19.1400 Pacific Avenue stops for Lincoln Street Section 19.1405 Palm Street stops for California Avenue Section 19.1410 Palmetta Street stops for Delaware Avenue Section 19.1415 Palo Verde Terrace stops for Nobel Drive Section 19.1420 Park Avenue stops for Hiawatha Avenue
Section 19.1425 Park Place stops for Beach Street
Section 19.1430 Park Way stops for Morrissey Boulevard
Section 19.1435 Parnell Street stops for Poplar Avenue
Section 19.1440 Parnell Street stops for Trevethan Avenue Section 19.1445 Peach Terrace stops for Nobel Drive
Section 19.1450 Pearl Street stops for East Cliff Drive Section 19.1455 Pearl Street stops for Lemos Street
Section 19.1460 Peck Terrace stops for Branciforte Avenue Section 19.1465 Pelton Avenue stops for Woodrow Avenue
Section 19.1470 Pendegast Avenue stops for Almar Avenue Section 19.1475 Pendegast Avenue stops for Errett Circle Section 19.1480 Pendegast Avenue stops for Seaside Street Section 19.1485 Pennsylvania Avenue stops for Soquel Avenue Section 19.1490 Pilkington Avenue stops for Murray Street Section 19.1495 Pine Street stops for Seabright Avenue
Section 19.1500 Pine Street stops for Soquel Avenue
Section 19.1505 Plateau Avenue stops for Columbia Street Section 19.1510 Plateau Avenue stops for Fair Avenue
Section 19.1515 Pleasant Street stops for Pine Street
Section 19.1520 Plymouth Street stops for Pryce Street
26.9 RESOLUTION NO. NS8
Section 19.1525 Poplar Avenue stops for Water Street
Section 19.1530 Post Street stops for Encinal Street
Section 19.1535 Potrero Street stops for River Street
Section 19.1540 Princeton Street stops for Pelton Avenue Section 19.1545 Pryce Street stops for Ocean Street
Section 19.1550 Quarry Court stops for Quarry Lane
Section 19.1555 Quarry Lane stops for Spring Street
Section 19.1560 Quintana Court stops for Swanton Boulevard Section 19.1565 Rankin Street stops for Walk Circle
Section 19.1570 Rathburn Way stops for North Branciforte Avenue Section 19.1575 Ravenswood Court stops for Moore Creek Rd Section 19.1580 Raymond Street South stops for Beach Street Section 19.1585 Raymond Street stops for Leibrandt Avenue Section 19.1590 Redwood Street stops for Bay Street
Section 19.1595 Reed Way stops for Water Street
Section 19.1600 Rigg Street stops for California Street Section 19.1605 Rigg Street stops for King Street
Section 19.1610 Rincon Street stops for Walnut Avenue
Section 19.1615 River Street stops for Front Street
Section 19.1620 River Street south stops for River Street Section 19.1625 Riverside Avenue stops for Campbell Street Section 19.1630 Riverside Avenue stops for Soquel Avenue Section 19.1635 Roberts Street stops for Broadway
Section 19.1640 Rockridge Lane stops for Spring Street
Section 19.1645 Roosevelt Terrace stops for Broadway
Section 19.1650 Rose Street stops for North Branciforte Avenue Section 19.1655 Roxas Street stops for Park Way
Section 19.1660 Ross Street stops for Laurent Street
Section 19.1665 Sacramento Avenue stops for West Cliff Drive Section 19.1670 San Jose Avenue stops for West Cliff Drive Section 19.1675 San Juan Avenue stops for Soquel Avenue Section 19.1680 Santa Cruz Street stops for West Cliff Drive Section 19.1685 School Street stops for Emmet Street
Section 19.1690 Seabright Avenue stops for Water Street Section 19.1695 Seaside Street stops for Delaware Avenue Section 19.1700 Second Street stops for Washington Street Section 19.1705 Serra Court stops for Grandview Street
Section 19.1710 Sherman Avenue stops for King Street
Section 19.1715 Soquel Avenue stops for Pacific Avenue
Section 19.1720 Spruce Street stops for Front Street
Section 19.1725 Stanford Avenue stops for Chilverton Avenue Section 19.1730 Stanford Avenue stops for Water Street
Section 19.1735 Stockton Avenue stops for West Cliff Drive Section 19.1740 Stonebrook Way stops for Moore Creek Road Section 19.1745 Stoneycreek Road stops for Market Street Section 19.1760 Suburbia Avenue stops for Almena Street
26.10 RESOLUTION NO. NS9
Section 19.1765 Sunnyside Avenue stops for North Branciforte Avenue Section 19.1770 Sunset Avenue stops for Fair Avenue
Section 19.1775 Sunset Avenue stops for West Cliff Drive Section 19.1780 Surfside Avenue stops for Delaware Avenue Section 19.1782 Surfside Avenue stops for Rankin Street Section 19.1785 Sutphen Street stops for Emeline Avenue Section 19.1790 Swanton Boulevard stops for Delaware Avenue Section 19.1795 Swanton Boulevard stops for West Cliff Drive Section 19.1800 Swift Street stops for West Cliff Drive Section 19.1805 Sycamore Street stops for Pacific Avenue Section 19.1820 Sylvar Street stops for Mission Street
Section 19.1825 Taylor Street stops for Chestnut Street Section 19.1830 Toledo Street stops for Bay Street
Section 19.1845 Trevethan Avenue stops for Morrissey Boulevard Section 19.1850 Trinty Street stops for Cliff Street
Section 19.1855 Trinity Street stops for Leibrandt Avenue Section 19.1860 Uhden Street stops for Third Street
Section 19.1865 Union Street stops for Cedar Street
Section 19.1870 Union Street stops for Chestnut Street
Section 19.1875 Upper Park Road stops for Delaveaga Park Road Section 19.1876 Upper Park Road stops for North Branciforte Avenue Section 19.1880 Van Ness Avenue stops for California Street Section 19.1885 Vista Bella Drive stops for Calcita Drive Section 19.1890 Vista Delaveaga stops for Elk Street
Section 19.1895 Walk Circle stops for Pendegast Avenue
Section 19.1900 Walk Circle stops for Woodrow Avenue
Section 19.1905 Walti Street stops for Laurel Street
Section 19.1910 Wanzer Street stops for Fair Avenue
Section 19.1915 Wanzer Street stops for Swift Street
Section 19.1920 Washburn Street stops for Market Street Section 19.1925 Washington Street stops for Center Street Section 19.1930 Washington Street stops for Lincoln Street Section 19.1935 Watson Street stops for Seabright Avenue Section 19.1940 Wave Lane stops for Leibrandt Avenue
Section 19.1945 Wendell Street stops for Emeline Avenue Section 19.1950 Westbrook Street stops for Beach Street Section 19.1955 West Cliff Drive stops for Beach Street Section 19.1960 Western Court stops for Western Drive
Section 19.1965 Western Drive stops for High Street
Section 19.1970 Western Drive stops for Mission Street
Section 19.1975 Woodcrest Place stops for Fairland Way
Section 19.1980 Woodrow Avenue stops for West Cliff Drive Section 19.1985 Woodrow Avenue stops for Errett Circle
Section 19.1990 Woods Street stops for Seabright Avenue Section 19.1995 Yosemite Street stops for Western Drive Section 19.2000 Younger Way stops for Second Street
26.11 RESOLUTION NO. NS10
Section 19.2005 Younglove Avenue stops for Errett Circle 2-Way Stops
Section 19.2015 Alta Avenue stops for Almar Avenue
Section 19.2020 Alta Avenue stops for Columbia Street
Section 19.2025 Alta Avenue stops for Woodrow Avenue
Section 19.2030 Alta Vista Drive stops for Arroyo Seco
Section 19.2035 Alta Vista Drive stops for Miramar Drive Section 19.2040 Anthony Street stops for Bay Street
Section 19.2045 Anthony Street stops for Olive
Section 19.2050 Avalon Avenue stops for Emeline Avenue
Section 19.2055 Baldwin Street stops for King Street
Section 19.2065 Beach Street stops for West Cliff Drive Section 19.2070 Berkshire Avenue stops for King Street
Section 19.2075 Berry Street stops for Grant Street
Section 19.2080 Bethany Curve stops for Pendegast Avenue Section 19.2085 Button Street stops for Emeline Avenue
Section 19.2090 Caledonia Street stops for Windham Street Section 19.2095 Caledonia Street stops for Broadway
Section 19.2100 Cayuga Street stops for Broadway
Section 19.2105 Cedar Street stops for Laurel Street
Section 19.2110 Chico Avenue stops for Modesto Avenue
Section 19.2115 Chilverton Street stops for Poplar Avenue Section 19.2120 Cleveland Avenue stops for Otis Street
Section 19.2125 Cleveland Avenue stops for Rigg Street
Section 19.2130 Cliff Street stops for Third Street
Section 19.2135 Clinton Street stops for Seabright Avenue Section 19.2140 Columbia Street stops for Pelton Avenue Section 19.2145 Coulson Avenue stops for May Avenue
Section 19.2150 Darwin Street stops for Broadway
Section 19.2152 Dellview Avenue stops for Fairmount Avenue Section 19.2155 Dufour Street stops for California Avenue Section 19.2160 East Cliff Drive stops for Seabright Avenue Section 19.2165 Effey Street stops for Seabright Avenue Section 19.2170 Effey Street stops for Sumner Street
Section 19.2175 Emeline Avenue stops for Grant Street
Section 19.2180 Escalona Drive stops for Miramar Drive
Section 19.2185 Esmeralda Drive stops for Carbonera Drive Section 19.2190 Esmeralda Drive stops for Vista Bella Drive Section 19.2195 Forbes Street stops for Mott Street
Section 19.2200 Front Street stops for Third Street
Section 19.2205 Getchell Street stops for Chace Street
Section 19.2210 Getchell Street stops for Wanzer Street Section 19.2212 Gharkey Street stops for Centennial Street Section 19.2215 Gharkey Street stops for Columbia Street
26.12 RESOLUTION NO. NS11
Section 19.2220 Gharkey Street stops for Laguna Street
Section 19.2221 Gharkey Street stops for Liberty Street Section 19.2225 Gilbert Lane stops for Goss Avenue
Section 19.2230 Glenwood Avenue stops for May Avenue
Section 19.2235 Graham Avenue stops for DuFour Street
Section 19.2240 Hall Street stops for Bronson Street
Section 19.2250 Hanover Street stops for Frederick Street Section 19.2255 Hanover Street stops for Seabright Avenue Section 19.2260 Harrison Avenue stops for Hammond Avenue Section 19.2265 Harrison Court stops for Harrison Avenue and Hammond Avenue Section 19.2270 Harrison Avenue stops for Melrose Avenue Section 19.2275 Harrison Avenue stops for Parnell Street Section 19.2280 Ingalls Street stops for Fair Avenue
Section 19,2282 Jackson Street stops for Button Street
Section 19.2285 John Street stops for Chace Street
Section 19.2290 John Street stops for Wanzer Street
Section 19.2295 Kenneth Street stops for Bay Street
Section 19.2300 Ladera Drive stops for King Street - North Section 19.2305 Ladera Drive stops for King Street - South Section 19.2310 Laguna Street stops for Monterey Street Section 19.2315 Laguna Street stops for Oregon Street
Section 19.2320 Laurent Street stops for Highland Avenue Section 19.2325 Laurent Street stops for Moore Street (southbound) Section 19.2330 Leibrandt Avenue stops for Riverside Avenue Section 19.2340 Maple Street stops for Chestnut Street
Section 19.2345 Maple Street stops for Cedar Street
Section 19.2350 Marnell Avenue stops for Fairmount Avenue Section 19.2355 Marnell Avenue stops for Parnell Street Section 19.2360 May Avenue stops for Water Street
Section 19.2365 Meder Street stops for Nobel Drive
Section 19.2370 Merced Avenue stops for Modesto Avenue
Section 19.2372 Miramar Avenue stops for Mira Vista
Section 19.2375 Monterey Street stops for Columbia Street Section 19.2380 Moore Creek Road stops for Western Drive-North Section 19.2385 Moore Creek Road stops for Western Drive-South Section 19.2395 Mott Avenue stops for Murray Street
Section 19.2400 Myrtle Street stops for Laurel Street
Section 19.2405 National Street stops for Delaware Avenue Section 19.2410 National Street stops for Nevada Street Section 19.2415 Nevada Street stops for Centennial Street Section 19.2420 Oregon Street stops for Centennial Street Section 19.2425 Oregon Street stops for National Street Section 19.2430 Oxford Way stops for Fair Avenue
Section 19.2435 Oxford Way stops for Woodrow Avenue
Section 19.2440 Pacheco Avenue stops for Parnell Street Section 19.2445 Pacific Avenue stops for Church Street
26.13 RESOLUTION NO. NS12
Section 19.2450 Palm Street stops for Southern Pacific Railroad Tracks Section 19.2455 Parnell Street stops for Morrissey Boulevard-East Section 19.2460 Parnell Street stops for Morrissey Boulevard-West Section 19.2462 Pendegast Avenue stops for Seaside Avenue Section 19.2463 Pendegast Avenue stops for Surfside Avenue Section 19.2465 Pennsylvania Avenue stops for Broadway
Section 19.2470 Peyton Street stops for King Street
Section 19.2475 Pine Street stops for Broadway
Section 19.2480 Plateau Avenue stops for Almar Avenue
Section 19.2485 Plateau Avenue stops for Woodrow Avenue Section 19.2495 Riverside Avenue stops for Broadway
Section 19.2500 Sacramento Avenue stops for Modesto Avenue Section 19.2502 Santa Cruz stops for Centennial Street
Section 19.2505 Santa Cruz Street stops for Columbia Street Section 19.2510 Santa Cruz Street stops for Laguna Street Section 19.2511 Santa Cruz Street stops for Liberty Street Section 19.2515 Santa Cruz Street stops for Lighthouse Avenue Section 19.2525 Seaside Avenue stops for Bay Street
Section 19.2527 Seaside Street stops for Palm Street
Section 19.2530 Seaview Avenue stops for Logan Street
Section 19.2535 Second Avenue stops for Atlantic Avenue Section 19.2540 Shaffer Road stops for Mission Street Extension Section 19.2545 Spring Street stops for High Street
Section 19.2550 Spruce Street stops for Pacific Avenue
Section 19.2555 State Street stops for Columbia Street
Section 19.2560 Stockton Avenue stops for Modesto Avenue Section 19.2565 Sumner Street stops for Broadway
Section 19.2570 Sumner Street stops for Hanover Street
Section 19.2575 Sumner Street stops for Windham Street
Section 19.2580 Sunset Avenue stops for Almar Avenue
Section 19.2585 Third Avenue stops for Atlantic Avenue
Section 19.2587 Trescony Street stops for Seaside Avenue Section 19.2590 Union Street stops for Center Street
Section 19.2595 Van Ness Avenue stops for King Street
Section 19.2600 Walk Circle stops for California Avenue Section 19.2610 Washington Street stops for Laurel Street Section 19.2615 Wilkes Circle stops for California Avenue Section 19.2620 Wilkes Circle stops for Pendegast Avenue Section 19.2625 Wilkes Circle stops for Woodrow Avenue
Section 19.2630 Wilkes Circle stops for Younglove Avenue Section 19.2635 Windham Street stops for South Branciforte Avenue Section 19.2650 Windham Street stops for Seabright Avenue Section 19.2655 Windsor Street stops for South Branciforte Section 19.2660 Windsor Street stops for Caledonia Street Section 19.2665 Windsor Street stops for Cayuga Street
Section 19.2675 Windsor Street stops for Frederick Street
26.14 RESOLUTION NO. NS13
Section 19.2680 Windsor Street stops for Pennsylvania Avenue Section 19.2685 Windsor Street stops for Pine Street
Section 19.2690 Windsor Street stops for Seabright Avenue Section 19.2695 Windsor Street stops for Sumner Street
3-Way Stops
Section 19.2700 Acadia Street and Seaside Street
Section 19.2705 Almar Avenue and Rankin Street
Section 19.2710 Almena Street and Park Way
Section 19.2715 Arroyo Seco and Grandview Street
Section 19.2720 Barson Street and Ocean Street
Section 19.2725 Bay Street and California Avenue
Section 19.2726 Bay Street and California Street
Section 19.2730 Bay Street and West Cliff Drive
Section 19.2735 Branciforte Avenue and Fairmount Avenue Section 19.2740 Broadway and Frederick Street
Section 19.2743 Buena Vista Avenue and Idaho Avenue
Section 19.2744 Buena Vista Avenue and Logan Street
Section 19.2745 Buena Vista Avenue and Riverview
Section 19.2750 Burkett Street and Mission Street
Section 19.2755 California Street and Taylor Street
Section 19.2760 Cathcart Street and Pacific Avenue
Section 19.2765 Cathcart Street and Cedar Street
Section 19.2767 Cayuga Street and Hanover Street
Section 19.2770 Cedar Street and Lincoln Street
Section 19.2775 Cleveland Avenue and Van Ness Avenue
Section 19.2780 Cliff Street and Second Street
Section 19.2781 Coral Street and Harvey West Boulevard
Section 19.2782 Coral Street and Limekiln Street
Section 19.2783 Darwin Street and Gault Street
Section 19.2785 Elk Street and Goss Street
Section 19.2790 Elk Street and Rooney Street
Section 19.2795 Encinal Street and Du Bois Street
Section 19.2797 Encinal Street and Sylvania Street
Section 19.2800 Escalona Drive and Laurel Street
Section 19.2805 Escalona Drive and Peyton
Section 19.2810 Escalona Drive and Walnut Avenue
Section 19.2815 Fairland Way and Oak Way
Section 19.2820 Fairmount Avenue and Poplar Avenue
Section 19.2825 Fairmount Avenue and State Route 1
Section 19.2830 Fridley Drive and Moore Street
Section 19.2835 Front Street and Second Street
Section 19.2836 Gault Street and South Morrissey Boulevard Section 19.2837 Gault Street and Sumner Street
Section 19.2839 Goss Avenue and Elk Street
26.15 RESOLUTION NO. NS14
Section 19.2840 Hanover and Darwin Street
Section 19.2841 Harvey West Boulevard and Sylvania Avenue Section 19.2843 High Street and Storey Street
Section 19.2845 King Street and Storey Street
Section 19.2850 Laurent Street and Spring Street
Section 19.2855 Logan Street and Mott Avenue
Section 19.2860 Main Street and Second Street
Section 19.2863 Mission Street and Western Drive
Section 19.2865 Morrissey Boulevard and Pacheco Avenue and Rooney Street Section 19.2870 Morrissey Boulevard and Prospect Heights Section 19.2871 Nobel Drive West and Meder Street
Section 19.2875 Oxford Way and David Way
Section 19.2880 Pacheco Avenue and Prospect Heights
Section 19.2885 Swift Street and Chace Street
Section 19.2890 West Cliff Drive and Columbia
Section 19.2894 West Cliff Drive and Swanton Blvd.
Section 19.2895 West Cliff Drive and Swift Street
Section 19.2900 West Cliff Drive and Woodrow Avenue
4-Way Stops
Section 19.2910 Almar Avenue/Delaware Avenue
Section 19.2915 Almar Avenue/Oxford Way
Section 19.2920 Almena Street/Fairmount Avenue/Trevethan Avenue Section 19.2925 Arroyo Seco and Escalona Drive
Section 19.2926 Barson Street and Riverside Avenue
Section 19.2930 Beach Street and Washington Street
Section 19.2932 Benito Avenue and Alley Access to Branciforte Elem. School Section 19.2935 Branciforte Avenue and Goss Avenue
Section 19.2938 Caledonia Street and Hanover Street
Section 19.2940 Carbonera Drive and Isbel Drive
Section 19.2943 Cayuga Street and Idaho Avenue
Section 19.2944 Cayuga Street and Logan Street
Section 19.2950 Cedar Street and Church Street
Section 19.2955 Cedar Street and Locust Street
Section 19.2960 Cedar Street and Walnut Avenue
Section 19.2965 Center Street and Church Street
Section 19.2970 Center Street and Lincoln Street
Section 19.2975 Center Street and Locust Street
Section 19.2980 Center Street and Walnut Avenue
Section 19.2985 Chestnut Street and Lincoln Street
Section 19.2990 Chestnut Street and Walnut Avenue
Section 19.2995 Columbia Street and Delaware Avenue
Section 19.2997 Darwin Street and Windsor Street
Section 19.3000 Delaware Avenue and Fair Avenue
Section 19.3005 Delaware Avenue and Swift Street
26.16 RESOLUTION NO. NS15
Section 19.3010 Delaware Avenue and Woodrow Avenue
Section 19.3011 Effey Street and Sumner Street
Section 19.3015 Escalona Drive/Baldwin Street/Anthony Street Section 19.3020 Escalona Drive and Laurent Street
Section 19.3025 Escalona Drive and Storey Street
Section 19.3027 Frederick Street and Windham Street
Section 19.3030 Fairmount Avenue and San Juan Avenue
Section 19.3035 Gharkey Street and Lighthouse Avenue
Section 19.3040 High Street and Laurent Street
Section 19.3041 High Street and Highland Avenue
Section 19.3045 Highland Avenue and Ross Street
Section 19.3050 Keystone Avenue and Stanford Avenue
Section 19.3055 King Street and Laurel Street
Section 19.3060 King Street and Laurent Street
Section 19.3065 King Street and Miramar Street
Section 19.3070 King Street and Olive Street
Section 19.3075 King Street and Walnut Avenue
Section 19.3080 Laurel Street, Leibrandt Avenue, and Third Street Section 19.3085 Leonard Street and May Avenue
Section 19.3087 Logan Street and Mountain View Avenue
Section 19.3090 Market Street and Goss Avenue
Section 19.3095 Marnell Avenue and Melrose Avenue
Section 19.3100 May Avenue and Hubbard Street
Section 19.3101 May Avenue and Washburn Avenue
Section 19.3105 Meder Street and Western Drive
Section 19.3110 Melrose Avenue and Pacheco Avenue
Section 19.3115 Melrose Avenue and Poplar Avenue
Section 19.3120 Melrose Avenue and San Juan Avenue
Section 19.3125 Pacific Avenue, Washington Street & West Cliff Drive Section 19.3130 Park Way and Prospect Heights
Section 19.3135 Parnell Street and San Juan Avenue
Section 19.3140 Pine Street and Windham Street
Section 19.3142 Rankin Street and Seaside Street
Section 19.3143 Seaside Street and DuFour Street
Section 19.3145 West Cliff Drive and Pelton Avenue
Section 19.3150 Younglove Avenue and Seaside Street
5-Way Stops
Section 19.3160 Emeline Avenue, Lee Street, and Highway One Off Ramp 6-Way Stops
Section 19.3170 Cayuga Street, Clinton Street, Pine Street and Buena Vista Avenue
26.17 RESOLUTION NO. NS16
BE IT FURTHER RESOLVED, that Resolution No. NS-30,326 is hereby rescinded.
PASSED AND ADOPTED this 13th day of August 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
26.18 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 FOUR-WAY STOP AT
THE DUFOUR STREET AND SEASIDE STREET INTERSECTION , 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 Dufour Street and Seaside Street fourway stop installation.
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. [remainder of page intentionally blank]
26.19 RESOLUTION NO. NS-XX,XXX
[Date]
2 PASSED AND ADOPTED this ____ day of ______, 20__, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush
City Clerk Administrator
26.20 City Council
AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works
SUBJECT: West Cliff Drive Stabilization Project (c401501) – Authorization to Accept Funds for Disaster Recovery and Resilience Support (PW) RECOMMENDATION: Motion to adopt a resolution authorizing the City Manager to accept funds from the California Natural Resources Agency for support of repairs and improvements to the West Cliff Drive Stabilization Project (c401501).
BACKGROUND: West Cliff Drive between Columbia Road and David Way was severely damaged by large swells during the January 2023 storms, causing portions of the roadway and path to fail, along with impacts to public access points, utility infrastructure, and the surrounding neighborhood. Initial work was focused on emergency protective measures geared toward safety and access. Additionally, community interest in support of accelerated decision-making regarding management of the West Cliff area was activated. Further damage was experienced along West Cliff Drive during the storms of December 2023.
At its June 27, 2023 meeting, City Council (Council) approved the plans and specifications and award for the West Cliff Drive Stabilization Project (c401501). This project started in October of 2023 and the scope included three groupings of significant repairs needed to the coastline: infill walls, Bethany Curve culvert, and armoring/rip-rap repair.
At its September 12, 2023 meeting, Council received an update on the West Cliff Drive Stabilization project, as well as approved by resolution the $1 million grant earmark from the State California Natural Resources Agency. The budget adjustment was approved and the State of California funding amending the FY 2024 budget.
At its March 23, 2024 meeting, Council approved to execute a professional services contract for ongoing observation and testing services for the West Cliff Drive Stabilization project.
At its April 30, 2024 meeting, Council approved the plans and specifications and award for the West Cliff Drive Bethany Curve Culvert project (c402407).
Project related information, related sites to link to, and community outreach information can be found at: https://www.cityofsantacruz.com/government/city-departments/city-manager/westcliff.
27.1 DISCUSSION: Work is progressing on the infill walls, Bethany Curve culvert, and armoring/rip-rap repairs. By the end of FY 2025, staff anticipate emergency repairs to West Cliff may total up to $20 million. City of Santa Cruz (City) staff are working diligently to secure emergency repair funding through numerous funding sources such as Gas Tax (Fund 221), Federal Highway Association, and the Federal Emergency Management Agency. The City originally requested the $1 million Disaster Recovery and Resilience Support for West Cliff from the State California Natural Resources Agency in late 2023. Early in 2024, the funding was temporarily suspended until the State of California finalized their budget. The City was notified in late June 2024 that the funds were secured for support of repairs and improvements to the West Cliff coastal recreation corridor. The grant funding will help offset the City’s local match requirements, and may fund ongoing permitting, and restoration activities.
HEALTH IN ALL POLICIES: The State California Natural Resources Agency Disaster Recovery and Resilience grant support and the West Cliff Drive Stabilization project support the City’s Health in All Policies framework by improving the resiliency of the West Cliff coastal recreation corridor and reducing threats to human health and property from adverse environmental conditions. Work included in repairing West Cliff aligns with the Healthy Environments – Natural and Built community impact. Emergency repairs support securing current and future possibilities for active transportation along this corridor.
FISCAL IMPACT: The $1 million grant from the State California Natural Resources Agency was previously budgeted in FY 2024 in the West Cliff Drive Stabilization Project (c401501).
There is no impact to the General Fund.
Prepared By:
Christina Alberti
Principal Management
Analyst
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION.DOCX
27.2 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING
THE APPROVAL OF ACCEPTANCE OF GENERAL FUND GRANT FUNDS FOR WEST
CLIFF DRIVE STABILIZATION PROJECT
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of a Project Information Package before submission of said package to the State; and
WHEREAS, the Grantee will enter into an agreement with the State of California for the above project:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
1. Approves the acceptance of a general fund allocation for local assistance for the above project(s); and
2. Certifies that said agency understands the assurances and certification in the Project Information Form; and
3. Certifies that said agency will have sufficient funds to develop, operate and maintain the project consistent with the land tenure requirements of the Grant Agreement; or will secure the resources to do so; and
4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code.
5. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.
6. Certifies that said agency has reviewed and understands the General Provisions contained in the sample Grant Agreement contained in the Procedural Guide; and
7. Appoints the Public Works Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to the Project Information Form,
27.3 RESOLUTION NO. NS-XX,XXX
2 agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).
PASSED AND ADOPTED this 13th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
27.4 City Council
AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Water
SUBJECT: Beltz 12 Phase 1 Ammonia Removal Improvements Project (c702203) – Notice of Completion (WT)
RECOMMENDATION: Motion to accept the work of the Don Chapin Company, Inc (Salinas, CA) as completed per plans and specifications and authorizing the filing of a Notice of Completion for the Beltz 12 Phase 1 Ammonia Removal Improvements Project (c702203) and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
BACKGROUND: Beltz 12 is sited on a City-owned 0.65-acre parcel located near Research Park Drive south of Soquel Drive in the unincorporated portion of Santa Cruz County. This facility was constructed in 2015 and includes a municipal water well and a water treatment plant consisting of an iron and manganese removal pressure filter vessel, two reclaim tanks, a control building housing a chlorine disinfection system and various pipes, appurtenances, and site improvements.
Beltz 12 is an important component in the strategy to shift groundwater pumping inland from the City’s three Live Oak area wells, Beltz Wells 8, 9, and 10. Only operated during the summer, groundwater contributes up to 5% of the City’s water supply during the dry season when flowing sources are diminishing.
After Beltz 12 was placed into service, naturally occurring ammonia and hydrogen sulfide were found in the water produced from this well. While the original treatment process can remove low concentrations of these constituents, the facility must be turned off when ammonia levels increase to avoid any potential water quality issues in the water distribution system. Elevated ammonia levels in the distribution system can cause colored water and taste and odor complaints.
At its November 15, 2022, meeting, City Council approved a motion to authorize the City Manager to execute a contract with the lowest responsive and responsible bidder. On January 27, 2023, the project was awarded to the lowest responsive and responsible bidder, Don Chapin Company, Inc (Salinas, CA).
The Beltz 12 Phase 1 Ammonia Removal Improvements Project (Project) installed a new 22,000-gallon steel tank with a 4-foot thick reinforced concrete support pad, underground and aboveground piping, a reduced-pressure backflow prevention device and a chemical injection assembly with containment box and support pad. This new tank will provide the treated water
28.1 with additional chlorine contact time to reduce ammonia and hydrogen sulfide. The tank was custom-fabricated and had a six-month procurement lead time.
DISCUSSION: All services required under the contract have now been completed, inspected by Water Department staff, and found to be constructed in accordance with the approved plans and specifications. The five change orders on the Project were a result of inclement weather, additional pipe fittings and components, an existing unmarked buried pipe connection, and to install an extra conduit through the wall and sidewalk for future usage. The total of all change orders was roughly 5% of the base bid amount.
The contractor made a good-faith effort to meet the requirements of the City’s Local Hire Ordinance by hiring employees that met the requirements of the Ordinance for 44% of its overall labor hours. The contractor also made a good-faith effort to employ apprentices as evidenced by its requests to the appropriate apprenticeship committees; however, no apprentices were dispatched to the Project.
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 final cost of all work under this contract was $1,093,690.54. The Project was funded from the Water Department Capital Investment Program, project c702203 Beltz 12 Ammonia Removal Project.
Prepared By:
Isidro Rivera
Deputy Director/Engineering
Manager
Submitted By:
Heidi Luckenbach
Water Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. NOTICE OF COMPLETION.DOC
28.2 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.
No recording fee is required pursuant to Government Code § 27383.
NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:
The undersigned is an authorized representative of the owner of the interest or estate stated below.
1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Property
2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Beltz 12 Phase 1 Ammonia Removal Improvements Project CIP #702203 CWO 2022-002
3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Installation of a new 22,000 gallon steel tank, concrete support pad and all associated underground and aboveground piping, including a reduced-pressure backflow prevention device and a chemical injection assembly with containment box and support pad.
4. The general site location description or address (the “Property”) of the public improvement is located at: 2750 Research Park Drive, Soquel CA 95073
5. Name and Address of Contractor. The Contractor on the Project is: The Don Chapin Company, Inc.; 560 Crazy Horse Canyon Rd, Salinas CA 93907
6. Construction Lender. The name and address of the construction lender, if any, is: N/A
7. Date of Completion. The Project on the Property was completed on: May 3, 2024
8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, August 13, 2024
DATE: ___________________
Heidi Luckenbach
Water Director, City of Santa Cruz
RECORDED AT THE REQUEST OF:
City of Santa Cruz, Water
Attn: Matt Zeman
WHEN RECORDED MAIL TO:
City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060
28.3 City Council
AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Water
SUBJECT: Regional Drought Resiliency Project – Intertie 1 (c702205) – Bid Withdrawal and Award to Second Lowest Bidder (WT)
RECOMMENDATION: Motion to:
1) Accept the bid withdrawal of the apparent low bidder, Monterey Peninsula Engineering Inc. (Monterey, CA), for the Regional Drought Resiliency Project – Intertie 1 (c702205), without forfeiting its bid security on the basis that a material and clerical error was made in assembling the bid, as provided in Section 5101 and 5103 of the California Public Contract Code; and 2) Award the construction contract for the Regional Drought Resiliency Project – Intertie 1 (c702205) to the second lowest bidder, Pacific Underground Construction Inc. (San Jose, CA), in the amount of $8,758,750 including construction contingency.
BACKGROUND: The Regional Drought Resiliency Project – Intertie 1 (Project) includes constructing a 1.5-mile, 12-inch diameter pipeline from the Pasatiempo (Kite Hill) Tanks along Firehouse Lane, Sims Road, and La Madrona Drive. Additionally, the Project involves building a new pump station in Scotts Valley. The pump station, a single-story concrete masonry structure, will be owned and operated by the Scotts Valley Water District.
The Project is an opportunity to improve drought resilience by facilitating the transfer and exchange of water between the City of Santa Cruz (City) and the Scotts Valley Water District.
The Project is included in the Santa Cruz Water Rights Project Environmental Impact Report. In 2021, the California Department of Water Resources (DWR) awarded $9.5 million in grant funds to the City and Scotts Valley to develop the intertie pipeline and a new well. The City’s grant allocation for the intertie pipeline component of the Project is $6.6 million.
On May 28, 2024, the City Council adopted resolutions that authorized and directed the City Manager to execute two (2) purchase sale agreements for permanent and temporary construction easements necessary for the Project, approved the plans and specifications, and authorized staff to advertise for bids at https://procurement.opengov.com/portal/santacruzca and award the contract.
To improve the bidding pool and to meet the specialized nature of this work, the Water Department developed a robust contractor solicitation process and, in conjunction with the Purchasing Department and the City Attorney’s office, also developed a prequalification process
29.1 to ensure highly qualified contractors were identified early in the process to bid on the project.
Five contractors met the prequalifying requirements:
• Anderson Pacific Engineering (Santa Clara, CA)
• Pacific Underground Construction (San Jose, CA)
• Mountain Cascade, Inc. (Livermore, CA)
• Specialty Construction (San Luis Obispo, CA)
• Monterey Peninsula Engineering Inc. (Marina, CA)
Staff advertised the Project on May 30, 2024, and five bids were received on July 11, 2024, as follows:
• Anderson Pacific Engineering $9,485,751.00
• Pacific Underground Construction $8,758,750.00
• Mountain Cascade, Inc. $9,889,821.00
• Specialty Construction $11,958,802.90
• Monterey Peninsula Engineering Inc. $7,478,471.00
The apparent lowest bid was $7,478,471.00 from Monterey Peninsula Engineering Inc., which included a $679,861.00 construction contingency.
DISCUSSION: On July 15, 2024, Monterey Peninsula Engineering Inc. (MPE) submitted a formal request to withdraw their bid due to an inadvertent clerical mistake (see Request for BidRelief). The California Public Contracting Code (Division 2, Part 1, Sections 5101 through 5103) allows a bidder to withdraw a bid if the bidder can demonstrate: (a) a mistake was made; (b) the bidder gave the City written notice of the mistake within five working days after bid opening, specifying in detail how the mistake occurred; (c) that the mistake made the bid materially different than intended; and (d) that the mistake was made filling out the bid rather than an error in judgment, site inspection, or reading the plans or specifications. Staff has prepared a memo documenting the facts establishing the existence of each of these elements (see Bid Withdrawal Memo). For these reasons, staff recommends the bidder be allowed to withdraw its bid.
The options to move the project forward are to either reject all bids and rebid the project or to award the contract to the next lowest responsible and responsive bidder. If the project is rebid, State law precludes MPE from submitting a bid on the project. Staff does not recommend rebidding the project for the following reasons:
• Five bids were received demonstrating competitiveness. • Rebidding the project could result in fewer bidders due to competition from other projects, significantly jeopardizing the March 2026 completion deadline required by the DWR grant. • Rebidding the project may result in higher bids due to recent material price increases from inflation and ongoing supply chain disruptions.
For these reasons, Staff recommends awarding the contract to the second lowest responsive bidder, Pacific Underground Construction, Inc., in the amount of $8,758,750, which includes a construction contingency of $796,250.
29.2 California Environmental Quality Act (CEQA) Determination On August 8, 2023, Council approved the Scotts Valley Water District - City of Santa Cruz Water Intertie-1 Project considering the certified Santa Cruz Water Rights Project Final Environmental Impact Report and the Intertie- Project Addendum to the Santa Cruz Water Rights Project Final Environmental Impact Report. The Final Environmental Impact Report and Addendum for this project can be found here:
https://www.cityofsantacruz.com/Home/Components/BusinessDirectory/BusinessDirectory/126/ 2089?fsiteid=1
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: This project is funded in part by a DWR grant and Water Enterprise Fund 711. Funds needed for Fiscal Year 2025 construction costs are available in the City of Santa Cruz Water Department’s Fiscal Year 2025 Capital Investment Program budget project for the Regional Drought Resiliency Project, c702205.
Prepared By:
Isidro Rivera
Deputy Director/Engineering
Manager
Submitted By:
Heidi Luckenbach
Water Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. REQUEST FOR BID-RELIEF.PDF
2. BID WITHDRAWAL MEMO.PDF
29.3 July 15, 2024
Taylor Kihoi
Senior PE City of Santa Cruz
212 Locust Street Suite C
Santa Cruz, CA 95060
Re: Regional Drought Resiliency Project – Intertie
Taylor
Pursuant to ARTICLE 13— Withdrawal of Bids of the project specifications, and California Public Contract Code Sections 5100, Monterey Peninsula Engineering hereby requests relief for the above-referenced project because of a clerical error discovered within our bid worksheets.
The clerical error has made our bid proposal materially different than what was intended. The error was made in the entering of pricing and is not due to judgment or carelessness inspecting the work site or in reading the plans or specifications.
The error involves bid item 8) Intertie 1 Pipeline, where one the 3 estimators entering information to our HCSS estimating software inadvertently entered an incorrect unit price for slurry concrete of which a significant portion of this bid item was comprised. The incorrect unit cost of $13/cubic yard versus $113/cubic yard was entered in the worksheet that itemized the backfill activity. In our estimation, the error led to a short fall of nearly $570,000 to our intended bid total.
Due to the clerical nature of the error, we are requesting relief from our bid. I have attached the worksheet in question that clearly shows the error. If you require additional documentation regarding this claim, please contact us and we will provide whatever assistance you require to make a fair determination.
We apologize for any inconvenience this may have caused and appreciate your understanding in this matter.
Please call me at 831-277-6112 if you have any questions.
Peter Taormina
29.4 29.5
WATER DEPARTMENT
Memorandum
DATE: July 18, 2024
TO: Peter Taormino, President, Monterey Peninsula Engineering FROM: Taylor Kihoi, Senior Professional Engineer
SUBJECT: Re: Regional Drought Resiliency Project – Intertie, Request for Bid Relief Dear Peter,
The City of Santa Cruz (City) is in receipt of your letter dated July 15, 2024 regarding a request for relief from the Regional Drought Resiliency Project – Intertie 1 contract due to a clerical error discovered within the bid worksheet, as summarized:
“The error involves bid item 8) Intertie 1 Pipeline, where one of the 3 estimators on the project entering information to our HCSS estimating software inadvertently entered an incorrect unit price for slurry concrete of which a significant portion of this bid item was comprised. The incorrect unit cost of $13/cubic yard versus $113/cubic yard was entered in the worksheet that itemized the backfill activity. In our estimation, the error led to a short fall of nearly $570,000 to our intended bid total.”
Per California Public Contracting Code Section 5101, the City agrees to relieve Monterey Peninsula Engineering Inc. (MPE) of their bidding obligation and recognizes that the error was made in filling out unit pricing of the bid worksheet, a notice was received within 5 business days, and the error was not due to poor judgement or carelessness with review of the bidding documents, inspection of the work site conditions or failure to complete the work.
Regards,
Taylor Kihoi
Senior Professional Engineer
29.6 City Council
AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Planning and Community Development
SUBJECT: Municipal Code Amendments to Chapter 24.12 Relating to Historic Variations Responding to Modifications Requested by the California Coastal Commission. Location: Citywide. CEQA: Exempt 15061(b)(3) (PL)
RECOMMENDATION: Motion to:
1) Adopt a resolution acknowledging receipt of the resolution of certification from the California Coastal Commission including the suggested modifications; and 2) Introduce for publication an ordinance finding that the project is exempt under the California Environmental Quality Act (CEQA) and amending parts of Chapter 24.12 of the Santa Cruz Municipal Code (SCMC) related to Historic Variations in response to action by the California Coastal Commission.
BACKGROUND: The City of Santa Cruz adopted Ordinance No. 2020-19 amending chapter
24.12 of the SCMC to revise the variations allowed for historic properties in order to remove specific examples allowed elsewhere in the zoning ordinance and amending the Local Coastal Program to include these amendments. As an amendment to the City’s Local Coastal Program Implementation Plan (LCP IP) that requires approval from the California Coastal Commission (CCC) prior to taking effect inside the Coastal Zone, City staff submitted the amendment to the CCC for review and Commission staff deemed the submittal complete for purposes of review in February of 2024. At their meeting on March 15, 2024, the CCC passed a motion approving the LCP amendment, conditional upon the City accepting minor modifications requested by Commission staff and incorporating them into the City’s ordinance and LCP IP. The City has up to six months to accept the requested modifications, for a deadline of September 15, 2024.
DISCUSSION: During their review, Coastal Commission staff identified the need for additional clarity regarding the triggers affecting projects inside the Coastal Zone that include a Coastal Development Permit (CDP) as part of the City approval. The modifications requested by the CCC point out the potential requirement of a CDP for certain projects and serve to clarify existing law and practice. They make no changes to current City policy or procedures, but rather ensure that all readers of the Municipal Code are particularly aware of the requirements and findings needed for projects seeking both a Historic Alteration Permit and a CDP.
30.1 Next Steps: Should the City Council accept CCC’s minor modifications and introduce them for publication on August 13th, a second reading of the ordinance will take place at the August 27th City Council meeting. As summarized in the attached CCC Action Notice, the ordinance will take effect inside the Coastal Zone as soon as “the Commission’s Executive Director reports to the Commission her determination that the City’s actions are legally adequate, and the Commission does not object to the Executive Director’s determination.” If the City Council moves to adopt the modifications as shown in the attached ordinance, City staff will submit to the Coastal Commission for review at the next available meeting, which will likely be the October 2024 hearing. The ordinance will take effect inside the Coastal Zone the same day the adoption of the modifications is certified by the Coastal Commission.
Should the City Council disagree with the requested modifications, the ordinance would not take effect in the Coastal Zone. Staff would need to coordinate with the Coastal Commission regarding alternative revisions, and those revisions would need to be approved by both the City Council and Coastal Commission. If the changes represented substantive modifications, they would need to return to the Historic Preservation Commission and Planning Commission for a formal recommendation to Council. Council would need to approve them, and then they would be resubmitted to the Coastal Commission as a new LCP amendment, triggering a new round of review.
Health in All Policies: The proposed amendments are exclusively procedural in nature and will have no effect upon the City’s goals for equity, public health, and sustainability, though 1) the amendments’ clarification of procedures is supportive of equity goals by helping make the Coastal Permit processes better understood and 2) the LCP contains various policies that support equity, public health, and sustainability.
CEQA Determination: The proposed amendment has no impact on the natural environment.
Because it does not change any of the existing practices and only clarifies regulations governing physical development, it is exempt from review under the California Environmental Quality Act (CEQA) Section 15061(b)(3) (known as the “common sense” exemption). Insofar as the proposed changes to the Municipal Code are amendments to the LCP IP, the application of the proposed amendments in the coastal zone is also statutorily exempt from CEQA review pursuant to CEQA Guidelines Section 15265 and the California Public Resources Code Section 21089.9 FISCAL IMPACT: These amendments have no fiscal impact. They clarify existing procedures regarding the requirements to obtain a CDP, and applicants pay fees to cover the cost of staff time related to processing CDPs.
Prepared By:
Sarah Neuse
Senior Planner
Matt VanHua
AICP Principal Planner
Submitted By:
Lee Butler, AICP, LEED AP
Director of Planning and
Community Development
Approved By:
Matt Huffaker
City Manager
30.2 ATTACHMENTS:
1. RESOLUTION.DOCX
2. ORDINANCE - CLEAN.DOCX
3. ORDINANCE PROPOSED AMENDMENTS - TRACK CHANGES.DOCX
4. CALIFORNIA COASTAL COMMISSION ACTION NOTICE.PDF
5. CALIFORNIA COASTAL COMMISSION STAFF REPORT AND MODIFICATIONS DISCUSSION.PDF
30.3 1
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ACCEPTING
CALIFORNIA COASTAL COMMISSION MODIFICATIONS TO AMENDMENTS TO MUNICIPAL CODE SECTION 24.12 RELATING TO APPLICABILITY OF COASTAL
DEVELOPMENT PERMITS, THEREBY MODIFYING THE LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN, FINDING THE PROJECT EXEMPT UNDER CEQA, AND
DIRECTING THE PLANNING AND COMMUNITY DEVELOPMENT DIRECTOR TO
TRANSMIT THE ACCEPTANCE TO THE CALIFORNIA COASTAL COMMISSION WHEREAS, pursuant to authority delegated to the City of Santa Cruz by the California Coastal Commission, the City of Santa Cruz regulates development in the portion of the coastal zone that lies within the City Limits and that is outside of the original jurisdiction of the California Coastal Commission; and
WHEREAS, City of Santa Cruz Municipal Code Chapter 24.12 is an implementing ordinances of the Local Coastal Program; and
WHEREAS, on September 8, 2020, the Santa Cruz City Council adopted Ordinance 2020- 19 amending Muni Code Chapters 24.08 and 24,12 to amend regulations related to electric vehicle charging stations and historic variations for properties designated as historic resources, and directed City Staff to submit those amendments to the California Coastal Commission for certification; and
WHEREAS, on March 15, 2024, the California Coastal Commission held a public hearing on the amendments to the Local Coastal Program implementing ordinance adopted by the City Council and certified the amendments to the Municipal Code with modifications; and WHEREAS, the modifications proposed by the California Coastal Commission to Municipal Code Sections 24.12.445 and 24.12.450 were submitted to the City by correspondence dated March 19, 2024, and
WHEREAS, the proposed amendments will have no effect on the natural environment, as they are purely administrative in content and are categorically exempt from CEQA under section 15061(b)(3), aka the “common sense” exemption, and further, insofar as the proposed changes to the Municipal Code are amendments to the Local Coastal Program Implementation Plan, the application of the proposed amendments in the coastal zone is statutorily exempt from California Environmental Quality Act (“CEQA”) review pursuant to CEQA Guidelines Section 15265 and the California Public Resources Code Section 21089.9;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Santa Cruz City Council hereby accepts the California Coastal Commission’s suggested modifications to Municipal Code Sections 24.12.445 and 24.12.450 as shown in City of Santa Cruz Ordinance No. 2024-____ and incorporated herein by reference.
30.4 2
BE IT FURTHER RESOLVED AND ORDERED that the Santa Cruz City Council hereby directs the Director of the Planning & Community Development Department or their designee to transmit this acceptance and any adopted ordinance that incorporates these modifications to the California Coastal Commission for concurrence by its Executive Director, following Council’s final adoption of the ordinance.
PASSED AND ADOPTED this 13th day of August, 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: _________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
30.5 ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.12 – COMMUNITY DESIGN RELATED TO COASTAL DEVELOPMENT
PERMIT AND LOCAL COASTAL PROGRAM REQUIREMENTS FOR HISTORIC SITE
VARIATION REQUESTS
WHEREAS, pursuant to authority delegated to the City of Santa Cruz by the California Coastal Commission, the City of Santa Cruz regulates development in the portion of the coastal zone that lies within the City Limits and that is outside of the original jurisdiction of the California Coastal Commission; and
WHEREAS, on September 8, 2020, the Santa Cruz City Council adopted Ordinance 2020- 19 amending Muni Code Chapters 24.08 and 24,12 to amend regulations related to electric vehicle charging stations and historic variations for properties designated as historic resources, and directed City Staff to submit those amendments to the California Coastal Commission for certification; and
WHEREAS, on March 15, 2024, the California Coastal Commission held a public hearing on the amendments to the adopted Local Coastal Program implementing ordinance 2020-19, amending Muni Code Chapters 24.08 and 24.12 related to electric vehicle charging stations and historic variations for properties designated as historic resources, adopted by the City Council and certified the amendments to the Municipal Code with modifications; and WHEREAS, the modifications proposed by the California Coastal Commission to Municipal Code Sections 24.12.445 and 24.12.450 were submitted to the City by correspondence dated March 19, 2024, and
WHEREAS, the proposed amendments will have no effect on the natural environment, as they are purely administrative in content and are categorically exempt from CEQA under section 15061(b)(3), aka the “common sense” exemption, and further, insofar as the proposed changes to the Municipal Code are amendments to the Local Coastal Program Implementation Plan, the application of the proposed amendments in the coastal zone is statutorily exempt from California Environmental Quality Act (“CEQA”) review pursuant to CEQA Guidelines Section 15265 and the California Public Resources Code Section 21089.9.
BE IT ORDAINED By the City of Santa Cruz as follows:
Section 1. Section 24.12.445 – Variations to Regulations for Buildings and Sites on City Historic Building Survey and Contributing Buildings within City Historic Districts of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND SITES
ON CITY HISTORIC BUILDING SURVEY AND CONTRIBUTING
BUILDINGS WITHIN CITY HISTORIC DISTRICTS.
30.6 Purpose: The purpose of these variations is to create incentives to help preserve, maintain and rehabilitate existing historic properties. Another purpose is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the city’s historic landmarks, buildings, sites, objects, and contributing buildings within districts.
Procedure: To obtain approval of any variation, an historic alteration permit is required and shall be approved in accordance with Sections 24.08.900 through 24.08.940, and shall also meet all of the relevant additional findings listed in Section 24.12.450. For use variations, an administrative use permit shall be approved by the zoning administrator in accordance with Sections 24.08.010 through 24.08.050 and must also meet all of the relevant additional findings listed in Section 24.12.450. For development within the coastal zone, a coastal permit may also be required in conformance with 24.08.200 et. seq., and the findings and standards specified in the Historic Alteration Permit shall also serve as coastal permit requirements, in addition to all other applicable LCP provisions. In the event of a conflict between the Historic Alteration Permit requirements and the LCP’s coastal resource protection requirements (including related coastal hazards, sensitive habitat, agriculture, public recreational access, and open space), the coastal permit/LCP’s coastal resource protection requirements shall govern. a. Variations to Development Standards. District regulations for height, stories, parking, setbacks, projections into required yards, open space, lot coverage, rear yard coverage, floor area limitations, fence heights, slope regulations and yards may be modified to the extent that it promotes the preservation, maintenance and rehabilitation of an historic structure or site.
b. Variations to Uses. The following additional uses may be allowed on lots with listed historic buildings and on lots with contributing buildings within an historic district. This provision encourages the adaptive reuse of designated historic resources by permitting an additional use within some areas otherwise zoned primarily for residential, commercial or industrial uses.
1. Multifamily uses in single-family residential zone district, subject to RL zoning density, lot size and lot width standards.
2. Business and professional office uses (not including medical offices) in residential zone districts on up to two parcels where the majority of the parcel is within one hundred feet of commercially zoned property except for CN-zoned properties;
3. Expansion of single-family homes in RM and RT zone districts;
4. Expansion of nonconforming structures and uses.
5. Residential uses may be allowed on the ground floor in commercial zones, except in the Downtown Plan area and in the Mission Street Design Plan area.
30.7 Section 2. Section 24.12.450 – Findings Required for Approval of Historic Variations of Chapter
24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.450 FINDINGS REQUIRED FOR APPROVAL OF HISTORIC
VARIATIONS.
In addition to historic alteration permit and administrative use permit findings, and Coastal Permit findings for projects within the Coastal Zone, the following findings are also required:
1. For All Variations: That the project involves rehabilitation and maintenance of historic structure(s) on the site to promote their long-term preservation.
2. For Lot Coverage and Floor Area Limitation Variations on Substandard Lots: That the variation results in a structure which is compatible with the following standards:
• The maximum allowable lot coverage for structures shall be fifty-five percent; • The floor area for second stories shall not exceed fifty percent of the first-floor area, except in cases where the first floor constitutes forty percent or less lot coverage.
3. For Use Variations: That the use variation promotes the preservation and maintenance of the historic structure, and the effects of the proposed use, including traffic and parking, will not be detrimental to the surrounding area.
4. For Parking Variations: That such variation will not significantly affect traffic and parking on adjacent and nearby streets and properties.
Section 4. For areas of the City outside the Coastal Zone this ordinance shall take effect and be in force thirty (30) days after final adoption, and for areas of the City located inside the Coastal Zone this ordinance shall take effect and be in force thirty (30) days after final adoption but only following verification by the Executive Director of the California Coastal Commission that the approved ordinance conforms to the modifications requested by the California Coastal Commission.
PASSED FOR PUBLICATION this 13th day of August, 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
30.8 APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this ____ day of _______, 2024 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ___________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 2024-___________
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator
30.9 24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND
SITES ON CITY HISTORIC BUILDING SURVEY AND CONTRIBUTING BUILDINGS WITHIN CITY HISTORIC DISTRICTS.
Purpose: The purpose of these variations is to create incentives to help preserve, maintain and rehabilitate existing historic properties. Another purpose is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the city’s historic landmarks, buildings, sites, objects, and contributing buildings within districts.
Procedure. To obtain approval of any variation, an historic alteration permit is required and shall be approved in accordance with Sections 24.08.900 through 24.08.940, and shall also meet all of the relevant additional findings listed in Section 24.12.450. For use variations, an administrative use permit shall be approved by the zoning administrator in accordance with Sections 24.08.010 through 24.08.050 and must also meet all of the relevant additional findings listed in Section 24.12.450. For development within the coastal zone, a coastal permit may also be required in conformance with 24.08.200 et. seq., and the findings and standards specified in the Historic Alteration Permit shall also serve as coastal permit requirements, in addition to all other applicable LCP provisions.
In the event of a conflict between the Historic Alteration Permit requirements and the LCP’s coastal resource protection requirements (including related coastal hazards, sensitive habitat, agriculture, public recreational access, and open space), the coastal permit/LCP’s coastal resource protection requirements shall govern. a. Variations to Development Standards. District regulations for height, stories, parking, setbacks, projections into required yards, open space, lot coverage, rear yard coverage, floor area limitations, fence heights, slope regulations and yards may be modified to the extent that it promotes the preservation, maintenance and rehabilitation of an historic structure or site.
b. Variations to Uses. The following additional uses may be allowed on lots with listed historic buildings and on lots with contributing buildings within an historic district. This provision encourages the adaptive reuse of designated historic resources by permitting an additional use within some areas otherwise zoned primarily for residential, commercial or industrial uses.
1. Multifamily uses in single-family residential zone district, subject to RL zoning density, lot size and lot width standards.
2. Business and professional office uses (not including medical offices) in residential zone districts on up to two parcels where the majority of the parcel is within one hundred feet of commercially zoned property except for CN-zoned properties;
3. Expansion of single-family homes in RM and RT zone districts;
30.10 4. Expansion of nonconforming structures and uses.
5. Residential uses may be allowed on the ground floor in commercial zones, except in the Downtown Plan area and in the Mission Street Design Plan area.
24.12.450 FINDINGS REQUIRED FOR APPROVAL OF HISTORIC
VARIATIONS.
In addition to historic alteration permit and administrative use permit findings, and Coastal Permit findings for projects within the Coastal Zone, the following findings are also required:
1. For All Variations: That the project involves rehabilitation and maintenance of historic structure(s) on the site to promote their long-term preservation.
2. For Lot Coverage and Floor Area Limitation Variations on Substandard Lots: That the variation results in a structure which is compatible with the following standards:
• The maximum allowable lot coverage for structures shall be fifty-five percent; • The floor area for second stories shall not exceed fifty percent of the first floor area, except in cases where the first floor constitutes forty percent or less lot coverage.
3. For Use Variations: That the use variation promotes the preservation and maintenance of the historic structure, and the effects of the proposed use, including traffic and parking, will not be detrimental to the surrounding area.
4. For Parking Variations: That such variation will not significantly affect traffic and parking on adjacent and nearby streets and properties.
30.11 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION CENTRAL COAST DISTRICT
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
WEB: WWW.COASTAL.CA.GOV
March 19, 2024
(Sent electronically)
Eric Marlatt
City of Santa Cruz Planning and Community Development Department 809 Center Street Room 101
Santa Cruz, CA 95060
[email protected]
Subject: Coastal Commission Action on City of Santa Cruz Local Coastal Program (LCP) Amendment No. LCP-3-STC-23-0046-2-Part B (Historic Incentives) Dear Mr. Marlatt:
At its meeting on March 15, 2024, the Coastal Commission took action on City of Santa Cruz LCP Amendment No. LCP-3-STC-23-0046-2-Part B (Historic Incentives). The Commission approved the proposed amendments to the Implementation Plan, if modified as suggested. A copy of the adopted findings and suggested modifications are included as attachments.
This letter formally transmits to you the Commission’s resolution of certification and adopted findings pursuant to Section 13544 of Title 14 of the California Code of Regulations. Pursuant to Section 13544, effective certification of LCP Amendment No.
LCP-3-STC-23-0046-2-Part B, whereby the City may begin issuing coastal development permits subject to this amendment, will occur after:
1. The City, by action of the City Council: (a) acknowledges receipt of this resolution of certification, including the suggested modifications; and (b) accepts and agrees to the modifications and takes whatever formal action is required to satisfy the modifications (e.g., implementation of ordinances).
2. The Commission’s Executive Director reports to the Commission her determination that the City’s actions are legally adequate, and the Commission does not object to the Executive Director’s determination.
3. Notice of the certification of the LCP amendment is filed with the Secretary of the Resources Agency.
Coastal Commission staff will take care of items #2 and #3 above, following completion of item #1 by the City. Note that the Commission’s regulations provide that the Commission’s action of certification with the suggested modifications shall expire six months from the date of the Commission’s action, or on September 15, 2024.
30.12 Eric Marlatt, City of Santa Cruz
LCP-3-STC-23-0046-2-Part B (Historic Incentives)
Please let me know if I can assist you in any way in completing action on this LCP amendment, or if you have any questions. We appreciate the City’s close coordination and collaboration on this LCP amendment. .
Sincerely,
Kiana Ford
Coastal Planner
Central Coast District Office
Enclosure (Via Email): Adopted Staff Report with Suggested Modifications
30.13 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION CENTRAL COAST DISTRICT
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
[email protected]
WEB: WWW.COASTAL.CA.GOV
F13b
Prepared February 23, 2024 for March 15, 2024 Hearing
To: Commissioners and Interested Persons
From: Kevin Kahn, Central Coast District Manager
Kiana Ford, Coastal Planner
Subject: City of Santa Cruz LCP Amendment Number LCP-3-STC-23-0046-2-Part B (Historic Incentives)
SUMMARY OF STAFF RECOMMENDATION
The City of Santa Cruz proposes to amend portions of its Local Coastal Program (LCP) Implementation Plan (IP) by modifying certain IP provisions related to the protection and enhancement of historic structures. The amendment would allow streamlined installation of electric vehicle (EV) charging stations for historic structures and provide for needed repairs even if such structures do not meet current site development standards (e.g., related to parking, lot size, and front/side/rear yard setbacks).
Since older, historic structures typically do not meet today’s site planning prescriptions, including in terms of parking, setbacks, and even lot size, it can be difficult to provide for needed repairs or alterations. And while the existing LCP does allow for deviations to existing standards, it doesn’t include much clarity on the scope and extent of the allowed deviations, nor the requisite findings on how to ensure historic integrity is maintained. The proposed amendment does just this. It adds clarity regarding the type, scope, and performance metrics for any allowed deviation, all with the goal to make it easier and clearer to repair and maintain such historic structures regardless of whether they conform with existing site standards. In other words, under the proposed amendment, the key analytic review is whether the repairs and alterations preserve the structure’s historicity and requires the reviewing authority to make affirmative findings that the proposed project does so.
Overall, the proposed amendment updates existing language and clarity to encourage property owners to restore and preserve their historic properties, consistent with the LUP’s recognition of historic structures/properties as important aspects of the City’s community character. Suggested Modifications 1 and 2 clarify that the prescribed historic resource standards also serve as standards for CDP review, and that the historic structure provisions do not supersede the LCP’s coastal resource protection requirements. The City has indicated that they are in agreement with the suggested modifications.
30.14 LCP-3-STC-23-0046-2-Part B (Historic Incentives)
In sum, the proposed amendment should not result in any adverse coastal resource impacts and is intended to better facilitate the preservation, rehabilitation, and protection of historic structures within the City. As modified, the proposed amendment is consistent with and adequate to carry out the Land Use Plan (LUP), the standard of review for this IP amendment. Therefore, staff recommends that the Commission approve the amendment with the suggested modifications. The required motions and resolutions are found on page 4 below.
Staff Note: LCP Amendment Action Deadline
This proposed LCP amendment was filed as complete on February 7, 2024. The proposed amendment affects the LCP’s IP, and the 60-working-day action deadline is May 3, 2024. Thus, unless the Commission extends the action deadline (it may be extended by up to one year), the Commission has until May 3, 2024 to take a final action on this LCP amendment.
Therefore, if the Commission fails to take a final action in this case (e.g., if the Commission instead chooses to postpone/continue LCP amendment consideration), then staff recommends that, as part of such non-final action, the Commission extend the deadline for final Commission action on the proposed amendment by one year. To do so, staff recommends a YES vote on the motion below. Passage of the motion will result in a new deadline for final Commission action on the proposed LCP amendment. The motion passes only by an affirmative vote of a majority of the Commissioners present.
Motion: I move that the Commission extend the time limit to act on City of Santa Cruz Local Coastal Program Amendment Number LCP-3-STC-23-0046-2-Part B to May 3, 2025, and I recommend a yes vote.
30.15 LCP-3-STC-23-0046-2-Part B (Historic Incentives)
TABLE OF CONTENTS
1. MOTIONS AND RESOLUTIONS ........................................................................ 4 A. Deny the IP Amendment as Submitted................................................................. 4 B. Certify the IP Amendment with Suggested Modifications ..................................... 4
2. SUGGESTED MODIFICATIONS......................................................................... 5
3. FINDINGS AND DECLARATIONS..................................................................... 5 A. Description of Proposed LCP Amendment ........................................................... 5 B. Evaluation of Proposed LCP Amendment ............................................................ 7 C. California Environmental Quality Act (CEQA)....................................................... 9
EXHIBITS
Exhibit 1: Proposed IP Amendment
Exhibit 2: Map of Listed Historic Properties in the City of Santa Cruz
30.16 LCP-3-STC-23-0046-2-Part B (Historic Incentives)
1. MOTIONS AND RESOLUTIONS
Staff recommends that the Commission, after public hearing, approve the proposed LCP amendment with suggested modifications. The Commission needs to make two motions on the IP amendment in order to act on this recommendation.
A. Deny the IP Amendment as Submitted
Staff recommends a YES vote on the motion below. Passage of this motion will result in rejection of the Implementation Plan amendment and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
Motion: I move that the Commission reject Implementation Plan amendment LCP-3-STC-23-0046-2-Part B as submitted by the City of Santa Cruz.
Resolution to Deny: The Commission hereby denies certification of Implementation Plan amendment number LCP-3-STC-23-0046-2-Part B as submitted by the City of Santa Cruz and adopts the findings set forth below on grounds that the Implementation Plan amendment as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plan. Certification of the Implementation Plan amendment would not meet the requirements of the California Environmental Quality Act as there are feasible alternatives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the Implementation Plan amendment as submitted.
B. Certify the IP Amendment with Suggested Modifications Staff recommends a YES vote on the motion below. Passage of this motion will result in certification of the Implementation Plan amendment with suggested modifications and the adoption of the following resolution and the findings in this staff report. The motion to certify with suggested modifications passes only by an affirmative vote of a majority of the Commissioners present:
Motion: I move that the Commission certify Implementation Plan amendment number LCP-3-STC-23-0046-2-Part B as submitted by the City of Santa Cruz if it is modified as suggested in this staff report.
Resolution to Certify: The Commission hereby certifies Implementation Plan amendment number LCP-3-STC-23-0046-2-Part B, if modified as suggested, and adopts the findings set forth below on grounds that the Implementation Plan amendment with the suggested modifications conforms with, and is adequate to carry out, the provisions of the certified Land Use Plan. Certification of the Implementation Plan amendment if modified as suggested complies with the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the plan on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment.
30.17 LCP-3-STC-23-0046-2-Part B (Historic Incentives)
2. SUGGESTED MODIFICATIONS
The Commission hereby suggests the following modifications to the proposed Implementation Plan amendment, which are necessary to make the requisite Land Use Plan consistency findings. If the City of Santa Cruz accepts the suggested modifications within six months of Commission action (i.e., by September 15, 2024), by formal resolution of the City Council, the modified amendment will become effective upon Commission concurrence with the Executive Director’s finding that this acceptance has been properly accomplished. Where applicable, text in underline format denotes proposed text to be deleted/added by the Commission.
1. Modify IP Section 24.12.445.1 as follows:
(1) Procedure. To obtain approval of any variation, a Historic Alteration Permit is required and shall be approved in accordance with Section 24.08.900 through
24.08.940, and shall also meet all of the relevant additional findings listed in Section
24.12.450. For use variations, an administrative use permit shall be approved by the Zoning Administrator in accordance with Section 24.08.010 through 24.08.050 and must also meet all of the relevant additional findings listed in Section 24.12.450. For development within the coastal zone, a coastal permit may also be required in conformance with 24.08.200 et. seq., and the findings and standards specified in the Historic Alteration Permit shall also serve as coastal permit requirements, in addition to all other applicable LCP provisions. In the event of a conflict between the Historic Alteration Permit requirements and the LCP’s coastal resource protection requirements (including related coastal hazards, sensitive habitat, agriculture, public recreational access, and open space), the coastal permit/LCP’s coastal resource protection requirements shall govern.
2. Modify IP Section 24.12.450 as follows:
In addition to Historic Alteration Permit and Administrative Use Permit findings, and Coastal Permit findings for projects within the Coastal Zone, the following findings are also required…
3. FINDINGS AND DECLARATIONS
A. Description of Proposed LCP Amendment
The City proposes to amend the Implementation Plan (IP) component of its Local Coastal Program (LCP) by modifying IP Chapters 24.12: “Community Design” and
24.18: “Nonconforming Uses and Structures”. The proposed changes would: 1) exempt the installation of electric vehicle (EV) charging stations from the LCP’s historic structure provisions; and 2) update the ways in which historic structures are allowed to deviate from current development standards so as to help facilitate the repairs/preservation of those historic structures.
30.18 LCP-3-STC-23-0046-2-Part B (Historic Incentives)
More specifically, the proposed changes related to EV charging stations stem from Assembly Bill (AB) 12361, which was signed into law in 2015 and requires permits for EV charging stations be approved ministerially, unless the project would result in health or safety concerns2.
The proposed amendment also modifies the types of current site development standards from which historic structures may deviate so as to explicitly allow for their repair and maintenance, and ultimately the preservation of those structures. For designated historic structures, the LCP currently allows for their repairs subject to specific findings as part of a Historic Alteration Permit. And while the existing LCP allows for historic structures to deviate from existing site development standards for height, stories, lot coverage, yards, use, and parking, it doesn’t include clear specific standards regarding the degree or necessity of such deviations. The proposed amendment seeks to more fully flesh out these required protocols so as to both expand on the type of site standards that may be modified, as well as the specific findings and criteria that projects must meet in order to ensure that the repairs are being carried out in a manner that maintains intrinsic historic character. Among other things, the proposed amendment:
• Expands the type of allowed site development deviations to include open space, projection into required yards, rear yard coverage, floor area limitations, fence height, and slope regulations (in addition to the existing height, stories, yards, use, and parking allowances).
• Clarifies the process by which such deviations are allowed, including meeting requisite findings in IP Section 24.12.445-450 regarding Historic Variations, as well as the Historic Alteration Permit findings in IP Section 24.08.900. 3 • Adds a new finding for any change in use of a historic structure. The intent is to provide for adaptive reuse so long as doing so “promotes the preservation and maintenance of the historic structure, and the effects of the proposed use […] will not be detrimental to the surrounding areas.”
1 See Government Code Section 65850.7.
2 In 2020, the Commission approved a City-proposed ordinance to exempt EV charging stations from the LCP’s Design Permit requirements in line with AB 1236 (LCP-3-STC-20-0040-2-Part B). The proposed amendment herein would similarly allow EV charging stations to bypass historic alteration provisions as well.
3 The proposed amendment does not modify the LCP’s Historic Alteration Permit requirements or findings. One of them is that the project complies with the Standards for Rehabilitation approved by the United States Secretary of the Interior (see IP Section 24.08.930).
30.19 LCP-3-STC-23-0046-2-Part B (Historic Incentives)
• Adds a new purpose statement4 and specific findings for particular types of deviations. All deviations must “involve rehabilitation and maintenance of historic structure(s) on the site to promote their long-term preservation.” Please see Exhibit 1 for the proposed IP amendment text.
B. Evaluation of Proposed LCP Amendment
Standard of Review
The proposed amendment affects the LCP’s IP, and the standard of review for IP amendments is that they must be consistent with and adequate to carry out the policies of the certified LUP.
Applicable Land Use Plan Policies
The City’s LUP includes provisions aimed at protecting, encouraging, and incentivizing preservation of historic properties while ensuring such properties are consistent with neighborhood character and standards. Specifically, the LUP states:
Community Design Element Policy 3.5: New or renovated development shall add to, not detract from City-identified landmarks, historic areas, buildings, and established architectural character worthy of preservation.
Cultural Resources Policy 2.1: Protect and encourage restoration and rehabilitation of historic and architecturally-significant buildings and landmarks.
Cultural Resources Policy 2.2.2: Encourage compatible development within historic districts and on sites outside but immediately adjacent to those boundaries.
Cultural Resources Policy 2.3: Ensure that City administrative and review procedures effectively recognize and protect historic and architectural resources…
Cultural Resources Policy 2.3.2: Ensure the identification and protection of historic and archaeologic resources affected by redevelopment… To implement such policies, the IP lists the standards and findings that must be made in order to allow for historic structures to be protected and maintained over time.
Consistency Analysis
The LUP contains objectives and policies that protect historic architectural resources by encouraging restoration/rehabilitation, and ensuring new development and redevelopment recognize historic resources as important coastal elements. The 4 The purpose statement states: “The purpose of these variations is to create incentives to help preserve, maintain, and rehabilitate existing historic properties” and to “…ensure that new construction and alterations are allowed in a manner which retains the integrity of the City’s historic landmarks…”.
30.20 LCP-3-STC-23-0046-2-Part B (Historic Incentives)
proposed IP amendment adds clarity and refinement to the LCP’s provisions related to historic preservation and the procedures by which such structures can be repaired and maintained. Since older, historic structures typically do not meet today’s site planning prescriptions, including in terms of parking, setbacks, and even lot size, it can be difficult to provide for needed repairs or alterations. And while the existing LCP does allow for deviations to existing standards, it doesn’t include much clarity on the scope and extent of the allowed deviations, nor the requisite findings on how to ensure historic integrity is maintained. The proposed amendment does just this. It adds clarity regarding the type, scope, and performance metrics for any allowed deviation, all with the goal to make it easier and clearer to repair and maintain such historic structures regardless of whether they conform with existing site standards.
5 In other words, under the proposed
amendment, the key analytic review is whether the repairs and alterations preserve the structure’s historicity and requires the reviewing authority to make affirmative findings that the proposed project does so. As such, the amendment is consistent with the LUP’s directives to “protect and encourage the restoration and rehabilitation” of historic structures and encouraging “compatible development within historic districts” (see CD
3.5, CR 2.1, and CR 2.2.2). Further, the proposed changes would update and simplify the review procedures and findings, which should result in a more streamlined review process (see CR 2.3 and CR 2.3.2). In sum, the proposed amendment improves existing and adds new LCP standards to encourage property owners to restore and preserve their historic properties, consistent with the LCP’s recognition of historic structures/properties as important aspects of the City’s community character.
The proposed amendment also makes it easier to provide for EV charging stations by exempting them from the LCP’s Historic Alteration Permit provisions. As previously discussed, the impetus for this change stems from AB 1236 and allows the City to streamline the permitting process for the installation of EV charging stations. In general, such streamlining would align with City and Coastal Act objectives by encouraging the use of electric vehicles, leading to a reduction in automobile emissions and contributing to a cleaner environment. Installation of any EV charging stations on historic properties would still nevertheless be required to meet other LCP provisions, including the above described LUP policies that broadly protect historic resources.
Lastly, while the proposed amendment speaks to Historic Alteration Permits and other types of local discretionary authorizations, these provisions also serve as standards and findings for CDP purposes as well. This point can be made clearer, and thus Commission staff worked with City staff to propose mutually agreeable language on this issue. Specifically, Suggested Modification 1 clarifies that a CDP may be required in addition to a Historic Alteration Permit, and that the findings and standards specified for such permit (as well as the specific findings in the Historic Variation section in IP Sections 24.12.445-450) also serve as CDP requirements (in addition to other applicable other LCP provisions). In addition, while the intent of the proposed amendment is to allow for certain deviations from basic zoning/site development 5 To be clear, these allowed deviations are for existing historic structures that are already nonconforming with respect to modern development standards. The proposed amendment is not an allowance for other types of development, including new development, to deviate from LCP requirements.
30.21 LCP-3-STC-23-0046-2-Part B (Historic Incentives)
standards and not coastal resource standards (i.e., the proposed historic deviations do not allow for any deviation to setbacks from wetlands, coastal bluffs, or other sensitive habitats, for example), this point too can be made clearer. Thus, Suggested Modification 1 also adds language to clarify that, in the case of any conflict between the LCP’s coastal resource protection requirements and historic preservation requirements, the LCP’s coastal resource protection requirements shall govern. Suggested Modification 2 adds to these points by reiterating that CDP findings are required for projects within the coastal zone, in addition to Historic Alteration Permit and Administrative Use Permit findings. The City is in agreement with the suggested modifications.
Therefore, as modified, the proposed amendment should not result in any adverse coastal resource impacts and should result in the preservation of historic properties within the City. The incentives should provide further opportunities for historic sites to be improved and preserved, while streamlining necessary permitting requirements, including the installation of EV charging stations. In sum, the amendment should effectively implement the LUP’s directive to help preserve and protect historic structures, and in a manner that respects and protects coastal resources. The Commission thus finds the proposed amendment as modified is consistent with and adequate to carry out the policies of the LUP.
C. California Environmental Quality Act (CEQA)
Section 21080.9 of the California Public Resources Code—within the California Environmental Quality Act (CEQA)—exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of LCPs and LCP amendments.
Instead, the CEQA responsibilities are assigned to the Coastal Commission; however, the Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP or LCP amendment action.
Nevertheless, the Commission is required, in approving an LCP or LCP amendment submittal, to find that the approval of the proposed LCP, as amended, does conform with CEQA provisions, including the requirement in CEQA Section 21080.5(d)(2)(A) that the amended LCP will not be approved or adopted as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment (see California Code of Regulations Title 14 Sections 13540(f) and 13555(b)).
The City of Santa Cruz’s LCP amendment consists of an IP amendment. The City found that the proposed LCP amendment is exempt from CEQA under 15061(b)(3) because the modifications are minor in nature and would not have the potential to cause a significant effect on the environment. The City further found that any EV charging station projects would be statutorily exempt from CEQA per Section 15268 because state law requires that they be approved ministerially. The City concluded that the regulatory changes associated with the proposed amendment and its environmental effects do not meet the conditions to require a CEQA review. This report has discussed
30.22 LCP-3-STC-23-0046-2-Part B (Historic Incentives)
the relevant coastal resource issues with the proposed amendment. All above findings are incorporated herein in their entirety by reference.
Therefore, the Commission finds that there are no other feasible alternatives or mitigation measures under the meaning of CEQA which would further reduce the potential for significant adverse environmental impacts, and the proposed IP amendment, as modified, conforms with CEQA.
30.23 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION CENTRAL COAST DISTRICT
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV
F13b
LCP-3-STC-23-0046-2 PART B (HISTORIC INCENTIVES)
MARCH 15, 2024 HEARING
EXHIBITS
Table of Contents
Exhibit 1: Proposed IP Amendment
Exhibit 2: Map of Listed Historic Properties in the City of Santa Cruz
30.24 ORDINANCE NO. 2012-19
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.08, PART 10–HISTORIC ALTERATION PERMIT, CHAPTER 24.12, PART 5–HISTORIC PRESERVATION, CHAPTER 24.12–COMMUNITY DESIGN, CHAPTER 24.16– AFFORDABLE HOUSING, CHAPTER 24.18–NON-CONFORMING STRUCTURES AND USES, AND CHAPTER 24.08–LAND USE PERMITS AND FINDINGS, OF THE CITY OF SANTA CRUZ ZONING ORDINANCE; AND, CHAPTER 23.37–COMMUNITY HOUSING PROJECTS, OF THE CITY SUBDIVISION ORDINANCE (AMENDMENT NO. A12-0003) And
ORDINANCE NO. 2020-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ 1) AMENDING CHAPTER 24.08 OF THE CITY OF SANTA CRUZ MUNICIPAL CODE TO
EXEMPT THE INSTALLATION OF AN ELECTRIC VEHICLE CHARGING STATION
FROM THE REQUIREMENT FOR AN HISTORIC ALTERATION PERMIT IN COMPLIANCE WITH STATE LAW; 2) AMENDING CHAPTER 24.12 OF THE CITY OF
SANTA CRUZ MUNICIPAL CODE TO REVISE THE VARIATIONS ALLOWED FOR
HISTORIC PROPERTIES TO REMOVE SPECIFIC EXAMPLES AND ITEMS ALLOWED ELSEWHERE IN THE ZONING ORDINANCE; AND 3) AMENDING THE LOCAL
COASTAL PROGRAM TO INCLUDE THESE AMENDMENTS
NOTE: The following shows the combined changes of both Ord. No. 2012-19 and Ord. No. 2020-19
Section 1. Chapter 24.08 of the Municipal Code of the City of Santa Cruz shall be amended to read as follows:
24.08.910 GENERAL PROVISIONS.
The planning department shall maintain a current record of designated landmarks, historic districts and buildings listed on the city’s Historic Building Survey. When an application involving such landmark, district or building indicates a possible material change to the exterior appearance of a building, structure, site or portion thereof, an historic alteration permit shall be required. Approval of an administrative historic alteration permit shall be required for the addition of, or modification to non-historic structures on parcels which include a designated landmark, or a building or a site listed in the City of Santa Cruz Historic Building Survey, or on a structure in an historic overlay district, or for minor historic alteration projects. An Historical Alteration Permit is not required for:
a. Removal, alteration, or maintenance of landscape material or other objects (walls, hitching posts, etc.) unless the landscape elements or historic objects are identified as historically important;
b. Installation of an electric vehicle charging station; however, all feasible efforts shall be made to minimize the visibility of electric vehicle charging stations on historic properties; and
Exhibit 1
LCP-3-STC-23-0046-2 Part B