Agenda packet — Santa Cruz City Council, June 10, 2025 (part 2 of 5)

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

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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;

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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/publicworks/stormwater/best-management-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. The Parties shall share equally in the fees and costs of mediation if mediation is necessary.

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

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the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.

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

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

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

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

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

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

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

Notices shall be addressed to recipient as follows:

To CITY:

City Manager’s Office
Larry Imwalle
809 Center Street
Santa Cruz, CA 95062
[email protected]
831-420-5405
To CONSULTANT:

Community Bridges
Raymon Cancino
Chief Executive Officer
519 Main St., Watsonville, CA 95076
[email protected]
831.688.8840 x201
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

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representatives, agents, successors and assigns to comply with the provisions of this Agreement.

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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
Introduction
The City is contracting with the Consultant to operate the Emergency Shelter Transportation Program, which includes providing 17- passenger vehicle(s), drivers, and oversight. The Emergency Shelter Transportation Program provides essential transportation for guests of the City Overlook shelter and the RV Safe Parking program. Half hour to hourly services is necessary, 7 days a week, 365 days a year, to allow shelter guests offsite access, which shall be accomplished with a single vehicle and driver and subsequent backups.

The City Overlook and the RV Safe Parking emergency shelter programs are located at the National Guard Armory building in upper DeLaveaga Park. The shelters serve up to 150 individuals at any given time. Due to a variety of factors, including a lack of sidewalk leading up to the facility, shelter guests are not allowed to walk or bike on and off site. The transportation program is therefore a necessary and integral service that supports these shelter operations.

Since the City Overlook Emergency Shelter Program opened in May 2022, the City has been running the transportation program in conjunction with The Salvation Army, which also operates the City Overlook shelter. The shuttle program has consisted of two vans and 3 drivers per van (3 FTEs). The shuttles have a set route, with designated stops, taking guests to the County of Santa Cruz Emeline campus, the Housing Matter’s Coral St. campus, and to downtown Santa Cruz. In addition, two days a week the shuttles add two more stops at a laundry mat and Safeway located off Water St. in Santa Cruz. Each van runs on the half hour, shuttling guests to and from the Armory from 6am to 10pm daily.

The Emergency Shelter Transportation Program must work in harmony with the emergency shelter programs cosited at the Armory location. Shuttle staff will be in close contact with the staff of the two shelter programs on site:

The Salvation Army operated City Overlook emergency shelter and The Free Guide operated RV Safe Parking program.

Task 1 – Oversee and Operate the Armory Shuttle Program The Consultant shall be responsible for ensuring the transportation program operates 365 days a year, providing shelter guests transportation on and off site.

Task 1 Deliverables: Comprehensive oversite of the transportation program, including the development of a service plan, and ensuring the program is fully equipped, staffed and operational year-round. The Consultant shall be responsible for establishing and implementing policies and procedures including, but not limited to, driver training, incident reporting, vehicle maintenance, and tracking fuel and vehicle supplies.

Task 1 Timing: The transportation program must operate throughout the contract period (July 2024 through June 2025).

Task 2 – Provide and Maintain Transportation Vehicle(s) The Consultant shall be responsible for acquiring and maintaining the transportation vehicle(s) and ensuring the vehicle(s) are in operation 7 days a week, 365 days a year, from 6am to 10pm.

Task 2 Deliverables: The vehicle(s) capacity must be able to accommodate at least 15 guests per hour. Due to the usual volume of guests per hour, the vehicles must be able to accommodate at least 8 guests plus the driver. The Consultant can opt to operate with passenger vans or with a larger shuttle bus, as long as the vehicle can accommodate up to 15 guests per hour. The Consultant will be responsible for ensuring the vehicle(s) have sufficient fuel and regular maintenance for operation. The shuttle vehicle(s) must also have a bike rack or some means to transport guests bicycles. The transportation vehicle(s) may remain at the Armory site overnight and when not in use.

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Task 1 Timing: Vehicles must be acquired and operational by the contract start date. The vehicles must maintain in operation throughout the contract period.

Task 3 – Hire, Train, and Supervise Transportation Drivers The Consultant shall be responsible for hiring, training, and supervising drivers for the vehicles and ensure that drivers are available to operate the transportation program 7 days a week, 365 days a year, from 6am to 10pm.

Task 3 Deliverables: The transportation program must maintain sufficient drivers in order to make sure the shuttles run consistently from 6am to 10 pm, 7 days a week, 365 days a year. The Consultant shall be responsible for researching the CA DMV requirements for passenger vehicles and ensuring the drivers adhere to those requirements. CA DMV requirements vary depending on the vehicle size.

Emergency Shelter Transportation Program drivers must be insurable, provide great customer service and communication skills, be trained in conflict resolution, and, ideally, have experience working with vulnerable populations. The drivers are in constant interaction with the shelter guests. Helping them on and off the vehicles, assisting those with mobility challenges, ensuring that guests adhere to the shuttle rules, and helping mount and dismount guest bicycles from the vehicle. The drivers must also work well with the City Overlook staff (currently Salvation Army staff), who check in and out the guests as they leave and return to the shelter.

Task 3 Timing: Drivers must be hired and trained by the contract start date. The vehicles must maintain in operation throughout the contract period.

Task 4 – Provide and Maintain Transportation Supplies
The Consultant shall be responsible for purchasing and maintaining the supplies needed to safely operate the shuttle program.

Task 4 Deliverables: The transportation program supplies are primarily safety related, such as first aid kit and fire extinguisher per vehicle as well as stool to assist guest disembarking from the vehicle. A bike rack or some form of bicycle transportation mechanism is also a supply requirement. In addition, the Contractor can opt for driver support supplies such as gloves, vests, etc.

Task 4 Timing: Supplies must be purchased and available by the contract start date. The vehicles must maintain in operation throughout the contract period.

Task 5 – Collaborate with Emergency Shelter Staff
The Consultant shall be responsible for working in collaboration with the staff of the two shelter programs co-sited at the Armory. The transportation program is serving the clients of these shelter programs and it is therefore essential that the Consultant and the drivers have open communications and good rapport with the shelter staff.

Task 5 Deliverables: The Consultant and/or drivers will need to attend collaboration meetings, coordinate with on the ground shelter staff, and trouble shoot transportation program related items with staff of The Salvation Army and The Free Guide. At minimum, the drivers will communicate with The Salvation Armory monitors as the transportation vehicles are arriving and departing the site and will keep track of the number of guests per route.

Task 5 Timing: Collaboration with shelter staff will maintain in operation throughout the contract period.

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EXHIBIT B: FEE SCHEDULE / BUDGET
The approved Program budget provides annual costs. This contract is for the term of July 1, 2025, through June 30, 2026. The total amount payable under this agreement shall not exceed $437,994. CONTRACTOR shall provide monthly invoices, using a template provided by the CITY, to document services costs based on the budget detailed in the scope of work, attached as Exhibit A, and the diagram of anticipated costs that is detailed below.

Contractor will invoice the City on or before the 15th of each month for actual expenses incurred the prior month based upon the agreed upon budget included in this contract. Monthly invoices should include the following information and costs:
 Personnel costs with staff levels/hours for the invoicing month; and  Operational and supply costs with list of supplies purchased to support the Program during the invoicing month.

Diagram of Anticipated Costs

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EXHIBIT C: 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): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $2 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.  AUTOMOBILE LIABILITY:

Proof of coverage for $5,000,000 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.

If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:

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

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If any of the required policies provide coverage on a claims-made basis:

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

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

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

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

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

14.20 City Council

AGENDA REPORT
DATE: 05/29/2025
AGENDA OF: 06/10/2025
DEPARTMENT: City Council
SUBJECT: Offshore Drilling Resolution and Letter of Opposition (CN) LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Adopt a resolution confirming the City’s commitment to prohibiting offshore drilling in our marine sanctuary; and
2) Direct the Mayor to send a letter opposing the proposed 11th National Outer Continental Shelf (OCS) Oil and Gas Leasing Program.

BACKGROUND: On January 6, 2025, President Biden used Section 12(a) of the Outer Continental Shelf (OCS) Lands Act to prohibit new oil and gas leasing in 625 million acres of federal waters. This includes areas off the west and east coasts, the eastern Gulf of Mexico, and parts of Alaska's Northern Bering Sea. In response, President Trump expressed his intention to reverse this action. On April 30, 2025, the Bureau of Ocean Energy Management (BOEM) opened a public comment period regarding a plan to reopen federal waters for development.

The BOEM, a division of the U.S. Department of the Interior, states on its website that certain areas are excluded from offshore development. According to a Presidential Memorandum issued in accordance with section 12(a) of the OCS Lands Act, on July 14, 2008, any National Marine Sanctuary (NMS) designated by that date is withdrawn from oil and gas leasing indefinitely.

However, any NMS created or expanded after that date is not automatically withdrawn from leasing. Specific rules and regulations governing the designation and management of each NMS may still restrict or prohibit certain activities within those sanctuaries.

Initiating a new National OCS Program development process is a key aspect of implementing President Trump's Executive Order (E.O.) 14154, titled “Unleashing American Energy,” issued on January 20, 2025, along with Secretary's Order 3418, also called “Unleashing American Energy,” issued on February 3, 2025. The E.O. emphasizes that it is “in the national interest to unleash America's affordable and reliable energy and natural resources” and establishes a policy for the United States to encourage energy exploration and production on federal lands and in federal waters, including the OCS. The E.O. aims to meet the needs of American citizens and solidify the United States as a global leader in energy.

15.1 In the Pacific OCS Region, no oil and gas lease sales were included in the 10th National OCS Program for the four planning areas. Between 1963 and 1984, 11 OCS oil and gas lease sales were held in the Pacific Region, resulting in a total of 470 issued leases. As of April 1, 2025, there are 30 active leases offshore Southern California, all of which produce hydrocarbons.

BOEM estimates a mean undiscovered oil and gas resource volume in the Pacific OCS to be

13.06 billion barrels of oil equivalent (BBOE).

Due to Congressional moratoria, subsequent Presidential actions, and consistent opposition from the States of Washington, Oregon, and California regarding offshore activities, the Pacific OCS has not been included in any National OCS Program since the 1987-1992 Program.

Not all unleased land on the OCS is available for oil and gas leasing. Under Section 12(a) of the OCS Lands Act (43 U.S.C. 1341), the President of the United States can withdraw any unleased lands from disposition at any time. Restrictions on leasing may also be imposed through other avenues, such as Presidential proclamations, acts of Congress, regulatory restrictions, and management plans. BOEM maintains a list of regulations applicable to the OCS on its “Areas Under Restriction” webpage. For more information, please visit BOEM's Areas Under Restriction page at https://www.boem.gov/oil-gas-energy/leasing/areas-under-restriction.

The Bureau of Energy Management will analyze all 27 OCS planning areas, including those that may currently be unavailable for leasing. An area that is presently unavailable could still be part of a National OCS Program, but could not be offered for sale until Congress and/or the President makes it available.

DISCUSSION: Oil spills in Southern California have released thousands of gallons of oil throughout our waters, harming sensitive environmental habitats, damaging coastal infrastructure, and disrupting local industries that rely on a healthy coastal environment.

Although oil plays a significant role in the daily lives of Santa Cruz residents, it is important for local communities to take proactive steps to reduce their reliance on oil and to support more sustainable and safer forms of energy that will not harm our environment.

The City of Santa Cruz has been actively working to support sustainable practices and progressing toward the milestones outlined in the City of Santa Cruz’s Climate Action Plan 2030. The Santa Cruz City Council may further strengthen these efforts by considering and supporting a statewide ban on all offshore oil and gas drilling, fracking and other well stimulation activities in federal and state waters off the California coast. The Council seeks to enhance the City’s efforts to support sustainable industries, reduce dependence on oil, and prevent future impacts of oil spills in our fragile ecosystems.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

The proposed Council actions are not “projects” under CEQA because they do not meet all requirements set out in Pub. Resources Code § 21065.

HEALTH IN ALL POLICIES (HiAP): A motion has been proposed to voice opposition to offshore drilling along the West Coast of California and in other protected areas. This motion aligns with two of the three pillars of Santa Cruz City’s Health in All Policies initiative.

First, it addresses sustainability by discouraging the use of fossil fuels. The Climate Action Plan 2030 identifies combustion of fossil fuels as the primary source of greenhouse gas emissions that contribute to climate change. It specifies that the City advocate for, sponsor, support legislation

15.2 or budget provisions at the local, state, and federal levels that reduce reliance on fossil fuels. It also further supports the protection of regional watersheds and water resources, as outlined in the Local Hazard Mitigation and Climate Adaptation Plan for 2025-2030.

Additionally, it supports public health by minimizing the risks that offshore drilling poses to the health of coastal communities and fisheries, particularly in the event of an oil spill. Furthermore, opposing offshore drilling may lead to a reduced reliance on fossil fuels, which has indirect public health benefits associated with improved air quality.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: No fiscal impacts at this time.

Submitted By:

Shebreh Kalantari-Johnson
Vice Mayor, District 3
Submitted By:

Fred Keeley
Mayor
Submitted By:

Renee Golder
Councilmember, District 6
ATTACHMENTS:

1. RESOLUTION.DOCX

15.3 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE SANTA CRUZ CITY COUNCIL TO CONFIRM ITS

COMMITMENT TO THE PROHIBITION OF OFFSHORE DRILLING
WHEREAS, the City of Santa Cruz and its visitors enjoy California's beaches and the Pacific Ocean for recreational and commercial activities, all of which support our local economy; and
WHEREAS, the residents of our City value the ocean and coastal waters of our state, which provide habitat for a diverse range of wildlife, including fish, whales, sea turtles, invertebrates, and birds that depend on a healthy and clean environment; and WHEREAS, in California, hundreds of thousands of jobs and billions of dollars of the state’s gross domestic product rely on clean water, oil-free beaches, and abundant fish and wildlife; and
WHEREAS, offshore oil and gas drilling poses economic and ecological risks to coastal communities through oil spills and the pollution generated by routine drilling operations, endangering the lives and livelihoods of small business owners, particularly commercial and recreational fisherman; and
WHEREAS, a massive oil spill occurred in 1969 off the coast of Santa Barbara, contaminating coastal waters and causing catastrophic economic and environmental damage; and WHEREAS, in May 2015, a pipeline ruptured near Refugio State Beach in Santa Barbara County and spilling oil into the Pacific Ocean and damaging wildlife, closing beaches, and impacting recreational and commercial activities as far south as Orange County; and WHEREAS, a massive oil spill off Huntington Beach in October 2021 resulted in significant amount of oil into California’s coastal waters, leading to beach closures and environmental and economic damage; and
WHEREAS, the State of California prohibits new oil and gas leasing in state waters due to unacceptably high risk of harm and disruption to the marine environment; and WHEREAS, the Governor of California, the State Senate, the State Lands Commission, and several cities, have taken a stand against new federal offshore oil and gas leases in the Pacific Ocean, with multiple municipalities calling for a ban on offshore drilling; and WHEREAS, expanding offshore drilling off the California coast would increase the state's reliance on fossil fuels and undermine efforts to address climate change by reducing greenhouse gas emissions and transitioning to renewable energy.

15.4 RESOLUTION NO. NS-XX,XXX
2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
a) The City of Santa Cruz supports (1) a permanent ban on new offshore oil and gas drilling, fracking, and other well stimulation in federal and state waters off the California coast, and (2) no new federal oil and gas leasing in all U.S. waters, including off the coast of California. b) The Clerk shall forward a copy of this Resolution to U.S. Secretary of the Interior Doug Burgum, California Governor Gavin Newsom, U.S. Senators Adam Schiff and Alex Padilla, as well as U.S. Congressional and state representatives for Santa Cruz and any other interested parties.

PASSED AND ADOPTED this Xth day of X, 202X by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

15.5 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of 1) Jeanne Simari, 2) CSAA Insurance Group, 3) William H. Hartley Jr., and 4) deny application by Mariela Menera Solorio for leave to present a late claim, based on staff recommendation.

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

1. Claimant: Jeanne Simari
Date of occurrence: 4/8/2025
Date of claim: 4/26/2025
Amount of claim: $1,375.00
Claimant seeks reimbursement for plumbing repairs.

Self-Represented

2. Claimant: CSAA Insurance Group
Date of occurrence: 2/19/2025
Date of claim: 4/30/2025
Amount of claim: $3,753.54
Claimant seeks reimbursement for damages to their insured’s vehicle allegedly caused by the Santa Cruz County Sheriff’s Office.

Self-Represented

3. Claimant: William H. Hartley Jr.

Date of occurrence: 1/22/2025
Date of claim: 5/9/2025
Amount of claim: $10,000,000

16.1 Claimant seeks compensation for damages allegedly resulting from an incident that occurred on a California state park beach located in the unincorporated area of Santa Cruz County.

Represented by Legal Counsel
II. Denial of application for leave to present late claim:

4. Applicant: Mariela Menera Solorio
Date of occurrence: 7/11/2024
Date of application requesting leave to present late claim: 4/29/2025 Applicant seeks approval of application for leave to present late claim to the City of Santa Cruz related to a fall on a sidewalk.

Represented by Legal Counsel
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: N/A HEALTH IN ALL POLICIES (HiAP): N/A
FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

16.2 City Council

AGENDA REPORT
DATE: 05/21/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Finance
SUBJECT: General Obligation Refunding Bonds - Tax Rate Authorization (FN) LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution setting the tax rate for FY 2026 with respect to the City’s General Obligation Refunding Bonds.

BACKGROUND: In November 1998, voters in the City of Santa Cruz approved the issuance of General Obligation Bonds in the amount of $7,000,000 for the purchase of greenbelt property, the renovation of the City’s fire stations, and the purchase/improvement of a City park adjacent to the depot site. Resources to repay the Bonds come from property tax levied within the City of Santa Cruz. The tax rate is established by the City Council each year and then forwarded to the County of Santa Cruz for inclusion on the property tax bills. The Bonds were refunded in December 2009 to reduce the overall cost of debt service and, thereby, realize financial savings for the taxpayers.

DISCUSSION: For the upcoming property tax billing, the City directs the County of Santa Cruz to levy on all taxable property in the City, in addition to all other taxes, a continuing direct and ad valorem tax in the amount of $522,860.10 to be used toward the payment of principal and interest coming due on the Bonds. Because the County of Santa Cruz is on the “Teeter Plan,” the City will receive 100% of the assessment. There is no need to factor in an amount for delinquencies.

The attached resolution establishes the appropriate tax rate and instructs the Director of Finance to forward a copy to the County of Santa Cruz and take whatever action is necessary to have the assessment placed on the 2025-2026 property tax bills.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The annual General Obligation Refunding Bonds – Tax Rate Authorization is exempt from the California Environmental Quality Act per Section 15061 (b)(3) of Chapter 3, Title 14 of the California Code of Regulations (CEQA Guidelines). This section states the general rule that CEQA applies only to projects that have the potential for causing significant effects on the environment. The annual General Obligation Refunding Bonds – Tax Rate Authorization does not have this potential.

17.1 HEALTH IN ALL POLICIES (HiAP): Providing the County of Santa Cruz with the required information to levy ad valorem taxes upon all property within the City allows the City of Santa Cruz to be following the California State Constitution and continue its current operations, which includes funding broader public safety, public health, equity, and sustainability efforts. The City’s General Obligation Bonds assessment communicates to all that the City is actively maintaining fiscal sustainability.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The City uses the revenue from this tax levy to make the required GO bond payment. There is no impact to the General Fund.

Prepared By:

Noah Otts
Accountant I
Submitted By:

Elizabeth Cabell
Director of Finance
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. GO BOND LEVY RESOLUTION.DOCX

17.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ SETTING THE TAX RATE FOR FY 2026 WITH RESPECT TO GENERAL OBLIGATION REFUNDING BONDS
WHEREAS, more than two-thirds of the electors voting at a special municipal election held on November 3, 1998, voted for a proposition authorizing the issuance by the City of general obligation bonds in the aggregate principal of $7,000,000 (the "1998/1999 Bonds") for the purpose of providing funds for certain municipal improvements, including fire station improvements, community park improvements, and the acquisition of property to be used for open space purposes; and WHEREAS, pursuant to such authorization the City has previously issued the 1998/1999 Bonds in the form of $4,500,000 principal amount of current interest bonds and $2,498,473.25 principal amount of capital appreciation bonds; and
WHEREAS, the City Council has issued and sold its City of Santa Cruz 2009 General Obligation Refunding Bonds (the “Refunding Bonds”) in the aggregate principal amount not to exceed $8,000,000 for the purpose of refunding all of the outstanding 1999 current interest bonds and all of the outstanding 1998 capital appreciation bonds and thereby realizing financial savings to the property tax payers of the City; and
WHEREAS, pursuant to Section 43632 of the California Government Code, the City Council is required annually to levy and collect until the bonds are paid, or until there is a sufficient amount in the treasury set apart to meet all payments of principal and interest coming due, a tax sufficient to pay the principal of and interest on the Refunding Bonds coming due and payable before the proceeds of a tax levied at the next general tax levy will be available; and WHEREAS, the City has determined that it is necessary to levy and collect an amount of $522,860.10 toward the payment of principal and interest coming due on the Refunding Bonds on March 1 and September 1, 2026, and thereby directs the County of Santa Cruz to levy on all taxable property in the City, in addition to all other taxes, a continuing direct and ad valorem tax in the amount of $522,860.10 based on the estimated assessed values for all rolls (secured, unsecured and utility) for FY 2026.

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

Section 1. Levy of Tax. The City Council hereby determines that the tax rate necessary to pay the principal of and interest on the Refunding Bonds coming due and payable on March 1 and September 1, 2026, is equal to a continuing direct and ad valorem tax in the amount of $522,860.10, and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law.

Section 2. Collection of Tax. The Director of Finance is hereby directed to forward a copy of this Resolution to the Auditor-Controller of the County of Santa Cruz and to the Board of Supervisors of the County of Santa Cruz, and to take such actions and execute such documents as may be required

17.3 to cause the tax rate set forth in Section 1 to be placed on the 2025-2026 property tax bills and collected by the County of Santa Cruz.

Section 3. Application of Tax. As provided in Section 43634 of the California Government Code, all taxes levied pursuant to this Resolution shall be used only for payment of the Refunding Bonds and the interest thereon.

Section 4. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.

PASSED AND ADOPTED this 10th day of June, 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

17.4 City Council

AGENDA REPORT
DATE: 05/21/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Parks and Recreation
SUBJECT: Civic Auditorium – Handrail Project (c302422) (PR) LOCATION: District 4
RECOMMENDATION: Motion to:
1) Approve the plans and specifications for the Santa Cruz Civic Auditorium Handrail Project (c302422);
2) Authorize the issuance of an invitation for bid (IFB) for the project and award of the contract.

The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Director of Parks and Recreation is authorized to execute change orders within the approved project budget; and
3) Approve of the California Environmental Quality Act (CEQA) determination contained in this agenda report, including the application of: (1) Class 1 Categorical Exemption (14 CCR 15301) for existing facilities, and (2) Common Sense Exemption (14 CCR 15061).

BACKGROUND: The Santa Cruz Civic Auditorium, commonly known as the Civic, has been a cornerstone of the community since its opening in 1940. Originally designed as a venue for public performances and gatherings, it has hosted countless events ranging from concerts to theater productions. Throughout the decades, the Civic has played a vital role in fostering arts and culture within Santa Cruz, providing a space where residents can come together to share creative experiences and celebrate local talent.

In addition to its function as an entertainment venue, the Civic also serves the community in various other capacities. It is a hub for recreational classes and services, offering programs that cater to a diverse array of interests and age groups. The Civic is instrumental in facilitating public meetings, such as workshops, orientations, and City staff training, which are essential for community planning and development. By providing a central location for these activities, the Civic helps to ensure that public discussions and civic engagements are accessible to all residents.

Throughout its history, the Civic has operated without handrail infrastructure, which has posed challenges for patrons, especially those with mobility issues, when accessing the elevated seating

18.1 sections. The absence of handrails has sometimes made it difficult for attendees to navigate the staircases, potentially detracting from their overall experience. Recognizing the need for improvements, the proposed installation of handrails aims to enhance patron safety and comfort, ensuring that more individuals can enjoy events without facing accessibility barriers.

To fund these necessary upgrades, the City applied for and received grant funds from the federal Housing and Urban Development (HUD) Department.

HUD awarded a Community Development Block Grant (CDBG) specifically for accessibility improvements to Civic, which is within the downtown area, and serves senior and older adult demographics. These funds will be instrumental in making the Civic a more inclusive venue, aligning with broader efforts to improve public spaces and ensure they are welcoming and accessible to all community members.

DISCUSSION: After receiving critical feedback from patrons and close partners, such as the Santa Cruz Symphony, staff elected to explore options for improving accessibility to the Civic, as well as enhancing general physical safety for patrons attending the venue.

The City contracted with a certified access specialist (CASp) to conduct comprehensive safety and barrier removal inspection and provide recommendations on upgrading facilities to meet modern safety standards and ensure compliance with the Americans with Disabilities Act (ADA). Additionally, the City dedicated the awarded CDBG funds and resources to support these improvements, engage with stakeholders to gather input, and communicate transparently with the public about the progress and challenges involved in the renovation process.

The City of Santa Cruz aims to create a safer, more inclusive environment for all Civic Auditorium patrons and to preserve the venue as a vital cultural hub for the community.

Through examination of risk potential, staff determined the safety handrails would best serve the overall patron experience and improve access to seating. Safety handrails would make the Civic Auditorium more accessible for individuals with disabilities, the elderly, and those with mobility challenges. Handrails provide support for ascending and descending stairs, so that all patrons can navigate the venue independently and confidently.

Handrails offer stability and support, particularly in crowded or emergency situations where quick evacuation may be necessary.

The department’s patrons' peace of mind is a central aspect of the overall experience at the Civic Auditorium. Understanding that safety measures, such as handrails, are in place allows visitors to focus on enjoying the event experience.

Nielsen Studios was selected as a consultant to design and draw up schematics, planning documents, and consult with the project team during the planning, permit, and construction phases of the project. Additionally, RI Engineering assisted with evaluating the proposed designs and developing technical specifications for the handrail system (Santa Cruz Civic Auditorium Handrails - Technical Specifications.pdf).

18.2 This project involves installing 88 stair-mounted steel handrails on the twelve (12) existing concrete staircases and two (2) wall-mounted handrails on the two (2) wall-adjacent staircases to improve physical safety and patron experience (Civic Handrail Plan Set.pdf).

Construction will be scheduled to minimize operational impacts to the Civic schedule.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is exempt from CEQA under the following:
1) Class 1 Categorical Exemption (14 CCR 15301) because the Council action consists of the repair, maintenance, and/or minor alteration of existing structures and facilities involving no expansion of use.
2) Common Sense exemption (14 CCR 15061) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

HEALTH IN ALL POLICIES (HiAP): The proposed scope of work aligns with the following City Health in All Policies Conditions: Health and Wellness, Thriving Families, Community Connectedness, and Healthy Environments.

The work allows for safe and successful access to the Civic Auditorium, offering patrons greater use of the facilities for gatherings, recreational activities, and public meetings.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: Funds for the Civic Auditorium Handrail project (c302422) are available, having been provided by the City’s CDBG fund. A total of $319,895.79 was awarded for this project. Of this amount, $8,240.00 was allocated and spent for historic and accessibility reviews, and $33,175.00 was allocated for design and specifications. There is no impact on the General Fund.

Prepared By:

Robert (BJ) Dericco
Associate Engineer
Tremain Hedden-Jones
Recreation Superintendent
Submitted By:

Tony Elliot
Director of Parks and
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CIVIC HANDRAIL PLAN SET.PDF

2. SANTA CRUZ CIVIC AUDITORIUM HANDRAILS - TECHNICAL
SPECIFICATIONS.PDF

18.3 AUGUST, 31 2025
BY
01 REVISIONS Date
Job:

Date:

Scale:

Drawn:

Checked:
24-25
BF/RS
CN/BF
G0.1

AS NOTED

COVER SHEET

CIVIC AUDITORIUM

THE ISSUANCE OF A BUILDING

PERMIT SHALL NOT BE

CONSTRUED AS A GUARANTEE

THAT ALL CODE REQUIREMENTS

ARE REFLECTED IN THE
DOCUMENT. THE GENERAL

CONTRACTOR FOR THE PROJECT

SHALL BE ULTIMATELY

RESPONSIBLE FOR ENSURING

THAT THE FINISHED PRODUCT

COMPLIES WITH ALL

REGULATIONS, LAWS AND CODE
REQUIREMENTS.

IF THE ABOVE DIMENSION DOES NOT
MEASURE ONE INCH (1") EXACTLY,

THIS DRAWING WILL HAVE BEEN

ENLARGED OR REDUCED,
AFFECTING ALL LABELED SCALES.
1" ACTUAL
JOB NAME:

ADDRESS:

APN:

CITY OF SANTA CRUZ CLIENT:307 CHURCH ST., SANTA CRUZ, CA 95060 005-071-06
BIMcloud: nielsen - BIMcloud Software as a Service/24-25 - SCA - Santa Cruz Civic Auditorium/24-25 - SCA - Santa Cruz Civi Auditorium_V27 2/25/2025 12:02 PM IFP
02/24/2025

VICINITY MAP

BLKG BLOCKING
BOT. BOTTOM
CONC. CONCRETE
CONT. CONTINUOUS
CU.FT. CUBIC FEET
DIA. DIAMETER

DWGS DRAWINGS
(E) EXISTING
EA. EACH

EN END NAIL
EQ. EQUAL
EXT. EXTERIOR

FDTN FOUNDATION
FT. FEET OR FOOT

GYPBD GYPSUM WALLBOARD
IN. INCH
INT. INTERIOR

LG LONG
MAX. MAXIMUM
MIN. MINIMUM

MTL METAL
(N) NEW

O/ OVER
O.C. ON CENTER
PT. PRESSURE TREATED

PLWD PLYWOOD
REF. REFER

REQ'D REQUIRED

SCHED SCHEDULE
S.F. SQUARE FEET
S.S. STAINLESS STEEL

STD STANDARD

STL STEEL
SQ. SQUARE

T&B TOP & BOTTOM

TBD TO BE DETERMINED
TYP. TYPICAL
U.N.O. UNLESS NOTED OTHERWISE
VERT. VERTICAL

VIF VERIFY IN FIELD

WD WOOD

W/ WITH
APN:

ZONING DISTRICT:

CONSTRUCTION TYPE:
005-071-06
PF

IB PARTIALLY SPRINKLERED

PROJECT DATA
INSTALLATION OF (N) HANDRAILS AT THE SANTA CRUZ CIVIC AUDITORIUM.

PROJECT SCOPE IS BARRIER REMOVAL ONLY. ANALYSIS DONE BY THE CASP CONSULTANT IS BEING PROVIDED AS A SUPPLEMETAL DOCUMENT.

PROJECT DESCRIPTION
SEATING AREA 5,312 SQ FT
OCCUPANCY: A-1

GENERAL NOTES

1.01 ALL CONSTRUCTION WORK SHALL MEET OR EXCEED THE LATEST

EDITION OF THE FOLLOWING CODES AS APPLICABLE AND AS ADOPTED BY THE LOCAL GOVERNING AGENCIES:

2022 CALIFORNIA BUILDING CODE (2021 IBC)
2022 CALIFORNIA FIRE CODE (2021 IFC)
2022 CALIFORNIA MECHANICAL CODE (2021 UMC)
2022 CALIFORNIA PLUMBING CODE (2021 UPC)
2022 CALIFORNIA ELECTRICAL CODE (2020 NEC)
2022 ENERGY EFFICIENCY STANDARD (TITLE 24)
2022 GREEN BUILDING CODE (TITLE 24)

AND ALL ORDINANCES ADOPTED BY THE GOVERNING
AGENCIES.

1.02 THE GENERAL CONTRACTOR SHALL MAINTAIN THE CURRENT AND

COMPLETE SET OF APPROVED CONSTRUCTION DOCUMENTS ON THE SITE AT ALL TIMES IN A SECURE LOCATION.

1.03 THE GENERAL CONTRACTOR SHALL PROVIDE COPIES OF THE

APPROVED CONSTRUCTION DOCUMENTS FOR THE USE OF ALL TRADES AND

SHALL PROVIDE THEM TO ALL SUBCONTRACTORS, WITH UPDATES AND APPROVED CHANGES AS REQUIRED AND NECESSARY.

1.04 THE GENERAL CONTRACTOR SHALL VERIFY ALL MEASUREMENTS

SHOWN ON THESE DRAWINGS PRIOR TO COMMENCING ANY WORK OR ORDERING ANY MATERIAL.

1.05 PROJECT DIMENSIONING STANDARDS:

1. ALL DIMENSIONS ARE MEASURED FROM THE FACE OF THE EXISTING FINISH FOR EXISTING WALLS;

2. FACE OF EXTERIOR PLYWOOD FOR NEW EXTERIOR WALLS;

3. FACE OF STUD FOR NEW INTERIOR WALLS; AND

4. CENTER OF COLUMN OR OPENING, FACE OF CABINET, OR GRIDLINES.

MAINTAIN DIMENSIONS MARKED AS CLEAR, ALLOWING FOR THICKNESS OR MOUNTING OF FINISHES.

WHEN TIEING INTO (E) CONDITIONS, (N) AND (E) FINISHES SHOULD ALIGN, WHICH GOVERN ACTUAL DIMENSIONS.

GC TO CONFIRM LOCATION OF GRIDLINES IN FIELD AND ADVISE ARCHITECT OF ANY VARIANCE.

1.06 DO NOT SCALE THE DRAWINGS. THE DIMENSIONS SHOWN SHALL SUPERSEDE THE SCALE OF THE DRAWINGS.

1.07 ANY DISCREPANCY IN DIMENSIONS OR CONFLICT IN PLANS OR FIELD

CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO CONTINUANCE OF THE WORK IN THE AFFECTED AREA. IF THE WORK

IS CONTINUED IN THE AFFECTED AREA, WITHOUT INSTRUCTION OR

CLARIFICATION BY THE ARCHITECT, THE CONTRACTOR

SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTANT DEFECT, DAMAGE OR CHANGE REQUIRED.

1.08 AT JOB COMPLETION, PRIOR TO SUBMITTING THE REQUISITION FOR

FINAL PAYMENT, THE GENERAL CONTRACTOR SHALL PROVIDE THE OWNER WITH A REDLINED SET OF PRINTS SHOWING AS-CONSTRUCTED CONDITIONS.

1.09 THE GENERAL CONTRACTOR SHALL PROVIDE PROPER CONTAINERS ON THE JOB SITE TO ASSURE CONTINUOUS RECYCLING OF MATERIALS.

1.10 THE GENERAL CONTRACTOR IS RESPONSIBLE FOR NOTIFYING

SUBCONTRACTORS AND ASSUMING THEIR COMPLIANCE WITH THE RECYCLING PROGRAM.

1.11 NFRC LABELS MUST REMAIN ATTACHED TO THE GLAZING
UNTIL THE INSULATION INSPECTION BY PROPER AUTHORITIES IS COMPLETED.

1.12 COMBUSTIBLE DEBRIS SHALL NOT BE ACCUMULATED WITHIN THE BUILDING. COMBUSTIBLE DEBRIS, RUBBISH AND WASTE MATERIAL SHALL BE

REMOVED FROM BUILDINGS AT THE END OF EACH SHIFT WORK PER CFC SECTION 3304.2

1.13 MATERIALS SUSCEPTIBLE TO SPONTANEOUS IGNITION, SUCH AS OILY

RAGS, SHALL BE STORED IN A LISTED DISPOSABLE CONTAINER PER CFC SECTION 3304.2.4

PROJECT DIRECTORY

OWNER / CLIENT CITY OF SANTA CRUZ
809 CENTER ST.

SANTA CRUZ, CA 95060
CONTACT: ROBERT DERICCO
PH: (831) 420-5519
EMAIL: [email protected]
STEEL

BATT INSULATION

ALUMINUM

RIGID INSULATION
CMU
BRICK
EIFS

PLYWOOD

GRANULAR MATERIAL

CONTINUOUS LUMBER
EARTH

CONCRETE

CMU GROUTED SOLID

GYPSUM BOARD

SHEET NUMBER
DISCIPLINE (IE: 'A' = ARCHITECTURE)
A 2.1
A
1 4
A.3 13
2 A.54

SECTION CUT

DETAIL CUT

INTERIOR ELEVATION

STRUCTURAL GRID LINES
1 A.1

BLKG BLOCKING
BOT. BOTTOM
CONC. CONCRETE
CONT. CONTINUOUS
CU.FT. CUBIC FEET
DIA. DIAMETER

DWGS DRAWINGS
(E) EXISTING
EA. EACH

EN END NAIL
EQ. EQUAL
EXT. EXTERIOR

FDTN FOUNDATION
FT. FEET OR FOOT

GYPBD GYPSUM WALLBOARD
IN. INCH
INT. INTERIOR

LG LONG
MAX. MAXIMUM
MIN. MINIMUM

MTL METAL
(N) NEW

O/ OVER
O.C. ON CENTER
PT. PRESSURE TREATED

PLWD PLYWOOD
REF. REFER

REQ'D REQUIRED

SCHED SCHEDULE
S.F. SQUARE FEET
S.S. STAINLESS STEEL

STD STANDARD

STL STEEL
SQ. SQUARE

T&B TOP & BOTTOM

TBD TO BE DETERMINED
TYP. TYPICAL
U.N.O. UNLESS NOTED OTHERWISE
VERT. VERTICAL

VIF VERIFY IN FIELD

WD WOOD

W/ WITH

ARCHITECT NIELSEN STUDIOS
1509 SEABRIGHT AVE, SUITE 2B
SANTA CRUZ, CA 95062
CONTACT: CHRISTIAN NIELSEN
PH: (831) 621-3926
FAX: (925) 287-0666
EMAIL: [email protected]
STRUCTURAL ENGINEER RI ENGINEERING, INC.
303 POTRERO STREET, SUITE 42-202
SANTA CRUZ, CA 95060
CONTACT: JOHNETTE BESSELING
PH: (831) 425-3901
EMAIL: [email protected]

GREEN BUILDING NOTES

SHEET INDEX
SITE

CIVIC AUDITORIUM
307 CHURCH ST. SANTA CRUZ, CA 95060

ABBREVIATIONS

HATCH LEGEND

SHEET NUMBER LEGEND

SYMBOLS
G0.1
A0.1
A1.1
A3.1
A5.1

COVER SHEET

SITE PLAN

PROPOSED SEATING PLAN

PROPOSED SECTION & ENLARGED PLAN

DETAILS

2.01 CONTRACTOR SHALL RETAIN ALL WASTE HAULING RECEIPTS FOR INSPECTOR. RECEIPTS MUST INDICATE 65% SEPARATED, RECYCLABLE MATERIALS.

ALL CREDITED WASTE HAULING RECEIPTS MUST INDICATE THE MATERIAL RECYCLED, AND CANNOT INDICATE “PUBLIC REFUSE” or “UNPROCESSED C&D”

2.02 INVENTORY, DECLARE, AND OBTAIN DOCUMENTATION OF PROPER

HAZARDOUS WASTE DISPOSAL FOR ANY UNIVERSAL WASTE MATERIALS WITH THE SCOPE OF WORK AREA. RETAIN DOCUMENTATION FOR INSPECTOR.

2.03 PROHIBITED UNIVERSAL WASTE MATERIAL AS DEFINED IN CALGREEN SECTION 202 INCLUDING BATTERIES, ELECTRONIC DEVICES, MERCURYCONTAINING EQUIPMENT, LAMPS, CATHODE RAY TUBES, CATHODE RAY TUBE GLASS, AND AEROSOL CANS.

2.04 ALL PAINT, COATINGS, SEALANTS, CAULKINGS, ADHESIVES,

COMPOSITE WOOD PRODUCTS, AND ANY OTHER MATERIALS COVERED IN CAL GREEN REQUIREMENTS MUST CONFORM TO CAL GREEN MANDATORY MEASURES.

CONTRACTOR TO PROVIDE DOCUMENTATION AS REQUIRED BY INSPECTOR.

2.05 PRIOR TO PERMIT ISSUANCE CONTRACTOR TO COMPLETE AND

SUBMIT THE RELEVANT CONSTRUCTION WASTE MANAGEMENT PLAN WHERE APPLICABLE.

2.06 FOR HOMES BUILT PRIOR TO 1994, CA CIVIL CODE SECTION 1101.4

REQUIRES ALL NON-COMPLIANT PLUMBING FIXTURES TO BE UPGRADED TO MEET CURRENT GREEN BUILDING CODE SECTION 4.303 WATER EFFICIENCIES WHEN ANY APPLICABLE BUILDING PERMIT IS OBTAINED. THEREFORE, EXISTING NONCOMPLIANT FIXTURES THROUGHOUT THE HOME EVEN WHERE NO OTHER WORK

IS PROPOSED MUST HAVE WATER EFFICIENT FIXTURES INSTALLED TO FINAL THIS PERMIT. NON-COMPLIANT FIXTURES WOULD BE DEFINED AS: TOILETS > 1.6 GAL/ FLUSH, SHOWER HEADS > 2.5 GAL/MIN, AND ANY FAUCETS > 2.2 GAL/MIN.

18.4 AUGUST, 31 2025
BY
01 REVISIONS Date
Job:

Date:

Scale:

Drawn:

Checked:
24-25
BF/RS
CN/BF
A0.1

AS NOTED

SITE PLAN

CIVIC AUDITORIUM

THE ISSUANCE OF A BUILDING

PERMIT SHALL NOT BE

CONSTRUED AS A GUARANTEE

THAT ALL CODE REQUIREMENTS

ARE REFLECTED IN THE
DOCUMENT. THE GENERAL

CONTRACTOR FOR THE PROJECT

SHALL BE ULTIMATELY

RESPONSIBLE FOR ENSURING

THAT THE FINISHED PRODUCT

COMPLIES WITH ALL

REGULATIONS, LAWS AND CODE
REQUIREMENTS.

IF THE ABOVE DIMENSION DOES NOT
MEASURE ONE INCH (1") EXACTLY,

THIS DRAWING WILL HAVE BEEN

ENLARGED OR REDUCED,
AFFECTING ALL LABELED SCALES.
1" ACTUAL
JOB NAME:

ADDRESS:

APN:

02.01 AUDITORIUM

FIRE HOUSE

CENTER STREET

CHURCH STREET
N 13°27'
W
S 76°48' W
S 17°51'
E
N 76°01' E

PROPERTY LINE
(E) BUILDING AREA

02.01 ALL (E) CONDITIONS TO REMAIN

GENERAL NOTES

1. ALL EXISTING CONDITIONS TO REMAIN U.N.O.

N
SCALE: 1/16" = 1'-0"
1 SITE PLAN

SITE PLAN LEGEND

SITE PLAN KEYNOTES

18.5 AUGUST, 31 2025
BY
01 REVISIONS Date
Job:

Date:

Scale:

Drawn:

Checked:
24-25
BF/RS
CN/BF
A1.1

AS NOTED

PROPOSED SEATING PLAN

CIVIC AUDITORIUM

THE ISSUANCE OF A BUILDING

PERMIT SHALL NOT BE

CONSTRUED AS A GUARANTEE

THAT ALL CODE REQUIREMENTS

ARE REFLECTED IN THE
DOCUMENT. THE GENERAL

CONTRACTOR FOR THE PROJECT

SHALL BE ULTIMATELY

RESPONSIBLE FOR ENSURING

THAT THE FINISHED PRODUCT

COMPLIES WITH ALL

REGULATIONS, LAWS AND CODE
REQUIREMENTS.

IF THE ABOVE DIMENSION DOES NOT
MEASURE ONE INCH (1") EXACTLY,

THIS DRAWING WILL HAVE BEEN

ENLARGED OR REDUCED,
AFFECTING ALL LABELED SCALES.
1" ACTUAL
JOB NAME:

ADDRESS:

APN:

05.01 05.02
(N) HANDRAIL, TYP FOR ALL STEPPED AISLES. HEIGHT: 34 1/2", SEE DETAIL 1/A5.1.

GRASPABILITY PER DETAIL 2/A5.1. PROJECTION INTO THE STEPPED AISLE SHALL NOT EXCEED 4 1/2" (PER CBC 1014.8). REFER TO STRUCTURAL DRAWINGS FOR ATTACHMENT DETAIL
(N) HANDRAIL, TYP. HEIGHT: 34" (THE MIN. HEIGHT REQUIRED BY CODE IS BEING PROPOSED, IN ORDER TO DECREASE IMPACTS ON USER SIGHTLINES), SEE DETAIL 1/A5.1. GRASPABILITY AND CLEARANCE PER DETAIL 2/A5.1.PROJECTION INTO THE STEPPED AISLE SHALL NOT EXCEED 4 1/2" (PER CBC 1014.8). HANDRAIL EXTENSIONS PER DETAIL 3/A5.1. REFER TO

STRUCTURAL DRAWINGS FOR ATTACHMENT DETAIL

1. EXISTING CONDITIONS TO REMAIN U.N.O.

2. SEE CONSULTANT AND VENDOR DRAWINGS FOR RELATED SCOPE OF WORK AND ADDITIONAL INFORMATION. ARCHITECTURAL DRAWINGS TAKE PRECEDENCE ON LOCATION OF DEVICES.

GENERAL NOTES
2 A3.1
1 A3.1 1
A3.1

05.01 ROOF DECK

ROOF DECK

UPPER PART OF STAGE UPPER PART OF FOYER

FAN ROOM

FAN ROOM
FIRE
HOUSE

05.02 ALCOVE
ALCOVE

STORAGE

04.01 (E) WALLS TO REMAIN

KEY NOTE
N

PROPOSED FLOOR PLAN KEYNOTES
SCALE: 1/8" = 1'-0"
1 PROPOSED SEATING PLAN

FLOOR PLAN LEGEND
(N) HANDRAIL, TYP. FOR CONDITIONS AGAINST A WALL.

HEIGHT PER DETAIL 1/A5.1.

GRASPABILITY AND CLEARANCE PER DETAIL 2/A5.1.

PROJECTION INTO THE STEPPED AISLE SHALL NOT EXCEED 4 1/2" (PER CBC 1014.8).

HANDRAIL EXTENSIONS PER DETAIL 3/A5.1.

REFER TO 4/A5.1 FOR ATTACHMENT DETAIL.
(N) HANDRAIL, TYP FOR ALL STEPPED AISLES.

HEIGHT: 34 1/2", SEE DETAIL 1/A5.1.

GRASPABILITY PER DETAIL 2/A5.1.

PROJECTION INTO THE STEPPED AISLE SHALL NOT EXCEED 4 1/2" (PER CBC 1014.8).

REFER TO 4/A5.1 FOR ATTACHMENT DETAIL.

18.6 AUGUST, 31 2025
BY
01 REVISIONS Date
Job:

Date:

Scale:

Drawn:

Checked:
24-25
BF/RS
CN/BF
A3.1

AS NOTED

PROPOSED SECTION & ENLARGED PLAN

CIVIC AUDITORIUM

THE ISSUANCE OF A BUILDING

PERMIT SHALL NOT BE

CONSTRUED AS A GUARANTEE

THAT ALL CODE REQUIREMENTS

ARE REFLECTED IN THE
DOCUMENT. THE GENERAL

CONTRACTOR FOR THE PROJECT

SHALL BE ULTIMATELY

RESPONSIBLE FOR ENSURING

THAT THE FINISHED PRODUCT

COMPLIES WITH ALL

REGULATIONS, LAWS AND CODE
REQUIREMENTS.

IF THE ABOVE DIMENSION DOES NOT
MEASURE ONE INCH (1") EXACTLY,

THIS DRAWING WILL HAVE BEEN

ENLARGED OR REDUCED,
AFFECTING ALL LABELED SCALES.
1" ACTUAL
JOB NAME:

ADDRESS:

APN:

05.01 05.01
(N) HANDRAIL, TYP FOR ALL STEPPED AISLES. HEIGHT: 34 1/2", SEE DETAIL 1/A5.1.

GRASPABILITY PER DETAIL 2/A5.1. PROJECTION INTO THE STEPPED AISLE SHALL NOT EXCEED 4 1/2" (PER CBC 1014.8). REFER TO STRUCTURAL DRAWINGS FOR ATTACHMENT DETAIL
T.O.PLATE

02.01 KEYNOTE
1 A3.1 1
A3.1
4 1/2" MAX
3'-0"(E)
TYP.

05.01 PROJECTION

1. EXISTING CONDITIONS TO REMAIN U.N.O.

2. REFER TO STRUCTURAL DRAWINGS FOR HANDRAILS ATTACHMENT TO (E) CONC. STAIRS

3. SEE VENDOR DRAWINGS FOR RELATED SCOPE OF WORK AND ADDITIONAL INFORMATION.

ARCHITECTURAL DRAWINGS TAKE PRECEDENCE ON LOCATION OF DEVICES. 4. NO CHANGE TO EXTERIOR OF BUILDING.

5. GC TO MATCH EXISTING MATERIALS AT AREAS OF PATCHING.

GENERAL NOTES
SCALE: 1/2" = 1'-0"
1 PROPOSED SECTION

KEYNOTES
LEGEND
SCALE: 1/2" = 1'-0"
2 PROPOSED ENLARGED PLAN
(N) HANDRAIL, TYP FOR ALL STEPPED AISLES.

HEIGHT: 34 1/2", SEE DETAIL 1/A5.1.

GRASPABILITY PER DETAIL 2/A5.1.

PROJECTION INTO THE STEPPED AISLE SHALL NOT EXCEED 4 1/2" (PER CBC 1014.8).

REFER TO 4/A5.1 FOR ATTACHMENT DETAIL.

18.7 AUGUST, 31 2025
BY
01 REVISIONS Date
Job:

Date:

Scale:

Drawn:

Checked:
24-25
BF/RS
CN/BF
A5.1

AS NOTED

DETAILS

THE ISSUANCE OF A BUILDING

PERMIT SHALL NOT BE

CONSTRUED AS A GUARANTEE

THAT ALL CODE REQUIREMENTS

ARE REFLECTED IN THE
DOCUMENT. THE GENERAL

CONTRACTOR FOR THE PROJECT

SHALL BE ULTIMATELY

RESPONSIBLE FOR ENSURING

THAT THE FINISHED PRODUCT

COMPLIES WITH ALL

REGULATIONS, LAWS AND CODE
REQUIREMENTS.

IF THE ABOVE DIMENSION DOES NOT
MEASURE ONE INCH (1") EXACTLY,

THIS DRAWING WILL HAVE BEEN

ENLARGED OR REDUCED,
AFFECTING ALL LABELED SCALES.
1" ACTUAL
BIMcloud: nielsen - BIMcloud Software as a Service/24-25 - SCA - Santa Cruz Civic Auditorium/24-25 - SCA - Santa Cruz Civi Auditorium_V27 2/25/2025 12:02 PM CIVIC AUDITORIUM JOB NAME:

ADDRESS:

APN:

CITY OF SANTA CRUZ CLIENT:307 CHURCH ST., SANTA CRUZ, CA 95060 005-071-06
IFP
02/24/2025
Y
X Y
X
AA
Y
12"
MIN
12"
MINX
< 27"

ELEVATION PLAN
UP

TOP AND BOTTOM HANDRAIL EXTENSION TO RETURN TO A WALL, GUARD, OR THE LANDING SURFACE.

Y: 12 PLUS

TREAD DEPTH
18" MIN 1-1/2"
MIN
1-1/4" - 2" 1-1/2"
MIN
1-1/2"
MIN 1-1/4" - 2"
3"
MAX
1-1/2"MIN

HANDRAIL IN A RECESS HORIZONTAL PROJECTIONS

BELOW GRIPPING SURFACE
4"- 6¼" PRIMETER
(a) (b)
2¼"
MAX
2¼" MAX

HANDRAIL NON-CIRCULAR CROSS SECTION
34"- 38"
(A)
STAIRS
(B)
RAMPS
34"- 38"
(C) WALKING SURFACES 34"- 38"

NOT TO SCALE
3 HANDRAIL EXTENSION AT STAIRS

NOT TO SCALE
2 SIZE & SPACING OF HANDRAILS

NOT TO SCALE
1 HANDRAIL HEIGHT 4 HANDRAIL ATTACHMENT DETAIL
CBC 1014.2 & 11B-505.4
CBC 1014.3, 1014.7, 11B-505.5,
11B-505.6,7,8 & 9 CBC 1014.6 & 11B-505.10
A: TREAD
DEPTH

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City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Public Works
SUBJECT: Award Contract for 800 W Cliff Drive Road Realignment Design Phase (c402515) (PW)
Location: Districts 3 and 6
RECOMMENDATION: Motion to award a contract to MME Civil & Structural Engineering (Santa Cruz, CA) for 800 W Cliff Drive Road Realignment Design Phase in the amount of $643,272 and reject all other proposals and authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute contract amendments within the approved project budget.

BACKGROUND: In December 2023 and early January 2024, a high wave and storm event eroded a section of the recreational path at approximately 800 West Cliff Drive and opposite Light House Field State Park. Damages from high waves statewide resulted in a State Disaster Declaration (CDAA 2024-01). Through the State disaster declaration and because West Cliff Drive is a Federal-Aid Route, the City of Santa Cruz (City) can access emergency repair funding from the Federal Highway Administration (FHWA). To date, the City has been approved for over $20M in FHWA funding to repair other parts of West Cliff Drive.

The proposed project would involve designing and constructing a 400-foot-long section of the West Cliff Drive roadway and recreational path, shifted approximately 50 feet inland, out of the 100-year erosion zone.

At its October 22, 2024 meeting, City Council authorized staff to appropriate funds in the amount of $2,000,000 for the 800 West Cliff Road Realignment Project (c402515), with approximately 88% of project funding eligible for reimbursement from the FHWA Permanent Repair Program and the remaining 12% City match from Fund 221 – Gas Tax for consulting services for 800 West Cliff Drive.

19.1 DISCUSSION: On January 30, 2025, the Public Works Department opened proposals for the 800 West Cliff Drive Road Realignment Design Phase. Proposals were evaluated based on the criteria listed in the solicitation. Two submittals were received and scored as follows:

MME Civil & Structural Engineering – 93.25
TRC Companies Inc. – 89.48
The scope of the professional services agreement includes all necessary services to deliver the project, such as engineering design, survey, geotechnical engineering, right-of-way acquisition, environmental review/permitting, and engineering/environmental monitoring services during construction.

Staff conducted successful negotiations with MME Civil & Structural Engineering and recommends award of this project to MME Civil & Structural Engineering.

Multiple public engagement touchpoints are part of this design process. These include general public engagement and formal design approvals by the Transportation and Public Works Commission and City Council. The City Council will ultimately review and approve this project before bidding and construction.

Schedule:

Design, CEQA, Permitting and right of way: July 2025-December 2026 Construction: Calendar Year 2027
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: MME and their subconsultant Dudek will complete an Initial Study to inform the level of CEQA analysis required.

HEALTH IN ALL POLICIES (HiAP): This project advances the City’s HiAP objectives by addressing key pillars of public health, equity, and sustainability:

Public Health: By realigning the roadway and recreational path away from the 100-year erosion zone, the project directly mitigates climate-related hazards that threaten physical safety and infrastructure. It also ensures continued access to outdoor recreational amenities that support physical and mental health.

Equity: The project preserves coastal access for all community members, including historically underrepresented and underserved populations who rely on public recreational infrastructure for free or low-cost opportunities for health and leisure. As part of the design process, inclusive public engagement strategies will be employed to ensure that community voices—particularly those most impacted by access limitations—are heard and integrated.

Sustainability: Relocating transportation infrastructure inland reduces vulnerability to coastal erosion and climate change impacts, aligning with the City’s Climate Adaptation Plan and longterm sustainability goals. It also promotes low-emission transportation modes such as biking and walking by maintaining safe and accessible routes.

The project reflects the City’s commitment to embedding HiAP principles in infrastructure planning and implementation, fostering resilient systems that improve community well-being.

19.2 FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: Funds are available in the project (c402515).

Approximately 88% of Project funds come through reimbursement from the Federal Highway Administration Permanent Repair Program, and City matching contributions would come from Fund 221- Gas Tax. There is no impact on the General Fund.

Prepared By:

Miguel Lizarraga
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT PROFESSIONAL SERVICE AGREEMENT.PDF

19.3 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 1
Professional Services Agreement With

MME CIVIL & STRUCTURAL ENGINEERING
For 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515) THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and MME Civil & Structural Engineering (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).

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

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

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.

19.4 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
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 estimate 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 $713,747 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 estimate, 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 unless otherwise specified in the Scope of Work. The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee estimate.

General Rule

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

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

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

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Consultants will exercise prudence in incurring reimbursable expenses.

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

19.5 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 3
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 22 months beginning on the effective date of this Agreement and terminating by May 2027 upon completion of the Scope of Work.

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

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

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

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

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

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

The 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

19.6 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 4
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
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

19.7 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 5
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 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 estimate.

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.

19.8 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 6
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. 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

19.9 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 7
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.
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.

19.10 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 8
(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.

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.

19.11 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 9
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 Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

19.12 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 10
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.

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

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

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

To CITY:

City of Santa Cruz Public Works
Miguel Lizarraga
809 Center St Rm 201
Santa Cruz CA 95060
[email protected]
831-420-5107
To CONSULTANT:

MME Civil & Structural Engineering
Rodney Cahill
224 Walnut Ave,
Santa Cruz, CA 95062
[email protected]
831-291-3254

19.13 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 11
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]

19.14 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
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: __________________

19.15 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 13
EXHIBIT A: SCOPE OF WORK

19.16 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

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Santa Cruz City CouncilJune 10, 2025

Santa Cruz City Council
June 10, 2025