Lift Line staff will continue to work with the Santa Cruz County Regional Transportation Commission’s Elderly and Disabled Transportation Advisory Committee (E&D TAC) in identifying and addressing unmet needs. Lift Line continues to work with the E&D TAC in meeting the Unmet Transit and Paratransit Needs as well as the recommendations of the Paratransit Coordination Task Force. For those who don’t qualify for METRO ParaCruz or MediCal assistance, we will continue to help them complete the required paperwork to make it easier for them to use the current TDA programs that meet their specific needs. In our role as the Consolidated Transportation Service Agency, Lift Line will continue working with other transportation providers to ensure maximum efficiency and coordination of rides for all residents.
Lift Line will continue to focus its resources on transportation needs that are not being met by other paratransit services, such as ADA-mandated METRO ParaCruz. Through TDA funding, Lift Line will continue to serve those not eligible for METRO ParaCruz service, specifically lowincome individuals who cannot afford the $8.00 to $12.00 round-trip METRO ParaCruz fare, those who don’t meet the strict ADA qualifications, and those with origins/destinations outside of the METRO ParaCruz service area. Because Lift Line provides safety net services to those ineligible or unable to use other services, its goal is to provide flexible programs, scheduling, and dispatching that can respond to the changing needs of all participants.
Community Bridges maintains comprehensive auto and general liability coverage, including the City of Santa Cruz and SCCRTC as additional insured parties. A copy of each insurance certificate shall be filed with the City and with SCCRTC
24.27 OPERATION PLAN SERVICE OF UNITS
EXHIBIT C-2
2025/2026
TABLE 1 - TDA/STA PROPOSED SERVICE UNITS
TAXI MEDICAL MEALS ON STA TOTAL TOTAL
SCRIP TDA WHEELS ELDERDAY FUNDING UNITS
FUNDS ALLOCATED $62,726 $450,307 $168,436 $232,416 $266,893 $1,180,778
OPERATING COST
$9.58 $46.23 $20.53 $14.78 $90.85
A. PROGRAM MANAGEMENT
i.e., Mgmt Personnel: Director, Fleet Mgr, Admin $3.90 $27.67 $8.97 $4.20 $27.69 Asst, Info Mgr, Rent, Liability Insur., Phone,
Supplies, etc.
B. ADMINISTRATION
14.57% of total cost per unit. $2.20 $17.08 $1.96 $3.37 $20.22 TOTAL COST PER SERVICE UNIT $15.68 $90.97 $31.45 $22.35 $138.76 25/26 PROJECTED TDA/STA UNITS OF SERVICE 4,000 4,950 5,355 10,400 1,923 26,628 EQUIPMENT PURCHASE MATCH $2,827
TOTAL TDA/STA CLAIM REQUEST $1,183,605
NON-TDA SUPPORTED
TABLE 2 - OTHER CTSA SERVICE UNITS
Meals on Elderday Measure D 5310 Total Total
Wheels Services Paratransit Medical Units
Funds Allocated $211,500 $346,667 $1,037,500 $131,000 $1,726,667 Revenue per Service Unit $31.45 $22.35 $175.85 $138.76
25/26 Projected Units of Service 6,724 15,512 5,900 944 29,081 Other Income $613,485
Total Operating Income $2,340,152
Measure D Facility/Equip/Project Funds $190,977
CARB - Capital Equipment $30,000
LCTOP $0
TDA/ STA Claim $1,183,605
Grand Total $3,744,734
ROLLUP OF ALL RIDES
TABLE 3 - ALL SERVICE UNITS TOTALED ( Total tables 1 and 2, units of service, to equal table 3 totals) Taxi TDA/5310 Meals on Elderday Measure D Total
Scrip Medical Wheels Services Paratransit STA Units
25/26 Total Ride Projections 4,000 5,894 12,079 25,912 5,900 1,923 55,708
T:\GRANT MGMT\LIFT LINE\25-26\Grants & Contracts\TDA STA Claim\Updated Claim\Exhibit C-2 TDA 25-26 LL Opers Updated Claim
24.28 Exhibit D
Schedule of Payment
FY: 2025-2026 TDA
Claim Lift Line CTSA
TDA
July 15, 2025 $302,515.00
October 15, 2025 $204,732.00
January 15, 2026 $204,732.00
April 15, 2026 $204,733.00
Total $916,712.00
Preferred Method and Schedule for TDA fund distribution: Quarterly disbursement, with up to 33% in first quarter, and the remaining quarterly payments being one-third of the remaining claim amount.
24.29 EXHIBIT E Lift Line / CTSA
25/26 Statement of Role and Responsibility
Community Bridges has been the designated Consolidated Transportation Services Agency (CTSA) since 1982. CTSAs are authorized under California Government Code Sections 15975 and 15950-15952 which were enacted pursuant to the Social Service Transportation Improvement Act.
The purpose of the CTSA is to improve transportation required by social service recipients by promoting the consolidation and coordinating of social service transportation. As the Consolidated Transportation Service Agency, Community Bridges Lift Line will continue to coordinate and consolidate transportation services with other transportation and human service agencies in order to provide the most efficient transportation possible. Lift Line will continue to work with Santa Cruz County School Districts, Human Services Department of the County of Santa Cruz, County Office of Education, Veterans Service Offices in Santa Cruz and Palo Alto, Hospice of Santa Cruz County, as well as hospitals and other medical facilities. Community Bridges Lift Line will also continue working closely with the RTPA and to help with the unmet needs identified in the TriCounty AMBAG Coordinated Plan. Community Bridges Lift Line will also continue working with local non-profit organizations and other human service and medical facilities in neighboring counties to continue to define and create an effective mobility management center to help mobilize resident with various disabilities, low income and senior populations to travel easily throughout our County as well as to travel seamlessly throughout our tri-county Monterey Bay region and the San Francisco Bay Area.
As the CTSA, Community Bridges Lift Line will continue coordination to improve and identify the need for specialized transportation equipment. If the equipment funded through Caltrans 5310 isn’t reaching its proposed requirements through their contract, the equipment can be recaptured and its use coordinated through other identified paratransit service needs. We will continue to offer training to ensure that not only Lift Line staff operates in a safe and sensitive manner, but will continue to offer expertise and training for other transportation providers in theCounty.
Pursuant to the CTSA designation for Santa Cruz County, Community Bridges operates the Lift Line transportation program, which will continue to take a lead, and work closely with the RTPA, to continue to help identify unmet transportation needs, coordinate and provide social service transportation services to low-income seniors, disabled residents, underserved populations and other identified individuals in Santa Cruz County. Lift Line will continue to directly address the issues identified through the unmet needs process by providing rides to medical appointments (including dialysis), alternative care, mental health and various medical transportation needs.
24.30 Exhibit F
Reporting Period and
Performance Measures FY:
2025-2026 TDA Claim
Community
Bridges' Lift Line
CTSA
Reporting Period Due
1. Prior Fiscal Year Annual Summary: 2024/25 11/15/25
2. 1st Quarter, 7/1/25 through 9/30/25 01/15/26
3. 2nd Quarter, 10/1/25 through 12/31/25 04/15/26
4. 3rd Quarter, 1/1/26 through 3/31/26 07/15/26
5. 4th Quarter, 4/1/26 through 6/30/26 11/15/26
6. Annual Evaluation, Fiscal Year 2025/2026 11/15/26
Performance Measures to be included in Quarterly Reports The quarterly reports are to include the following:
1. Unduplicated passengers per month
2. Total passenger trips (units of service) per month
3. Incidents per month
4. Accidents per month
5. Mechanical failures* (including lift failure) per month
6. No-shows per month
7. Turndowns or referrals per month
8. Cancels per month
9. Donations per month
10. Total operating cost per passenger
11. Total operating cost per vehicle service hour
12. Total passengers per vehicle service hour
13. Total passengers per vehicle service mile
14. Van mileage per program
*Mechanical failure means any problem which results in a delay of one hour or longer, or cancelation
24.31 Exhibit G-1
Operating Statistics
FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24
Annual passengers 40,132 20,970 32,683 45,473 53,735
Rides/passenger trips provided by type:
Medical (Including Measure D) 9,019 11,965 9,843 12,705 14,768 Amount Spent for Medical $454,016 $404,058 $751,710 $970,281 $1,127,832 Meals on Wheels 6,969 6,141 6,416 6,383 9,241
Amount spent for Meals on Wheels $99,169 $99,239 $148,210 $147,447 $213,467 Taxi Script 1,870 1,740 2108 3782 4744
Amount spent for Taxi Script $27,171 $31,877 $82,613 $148,217 $185,917 Elderday 22,274 1,124 14,316 22,603 24,982
Amount Spent for Elderday $328,542 $22,165 $370,498 $584,966 $646,534 Annual service hours 15,011 8,494 12,371 15,417 20,262
Passengers per vehicle service hour* 3.13 2.45 2.64 2.95 2.65 Annual service miles 255,014 159,119 173806 250087 299381 # of fixed-route miles N/A N/A N/A N/A N/A
Service Area – square miles (note: all of Santa Cruz County) 607 607 607 607 607 Service Area Population 273,170 273,170 273170 273170 273170 Passengers per vehicle service mile* 0.15 0.12 0.18 0.17 0.16 Average passengers per weekday 772 403 629 874 1033
Total operating costs in budget $834,857 $733,057 $906,921 $1,208,447 $1,164,724 Operating cost per vehicle service hour* $55.62 $86.30 $73.31 $78.38 $57.48 Total operating cost per passenger* $20.80 $34.96 $27.75 $26.58 $21.68 Average Farebox Revenue per passenger (describe what is included) N/A N/A N/A N/A N/A # of FTE employees (all employees, not just drivers) 23 19 19 23 26 Vehicle Service hours/Employee* 653 447 651 670 779
# of routes N/A N/A N/A N/A N/A
Average route length 6.35 7.59 5.32 5.50 5.57
Average travel times/rider 0.85 0.88 0.89 0.89 0.89
# of bus stops N/A N/A N/A N/A N/A
# of vehicles in operation 22 22 22 26 26
# of monthly bus passes in circulation N/A N/A N/A N/A N/A Max vehicles in service at any time: 12 8 9 9 11
Hours of service: 8-4 PM 8-4 PM 8-4 PM 8-4 PM 8-4 PM
Approximate # of unduplicated passengers 2,097 2,057 2,443 2,211 2,758 Cost per unit of service plus text about long range plans to make/keep this low $20.80 $34.96 $27.75 $26.58 $20.81 Funds and percentage spent on administration/overhead/grantee allocation/etc 29.827% 34.087% 31.191% 40.706% 36.236% $249,012 $249,879 $282,878 $491,905 $422,044
Actual financials compared with budget ( see Exhibit G-2) Actual number of rides provided compared with goal 95% of goal 48% of goal 113% of goal 103% of goal 103% of goal For the Fiscal Year 2019-2020, Lift Line Provided 40,132 one-way rides to Santa Cruz residents, including medical transportation, Meals on Wheels congregated dining sites, Elderday adult day care transportation, and taxi script vouchers. Lift Line was at 95% of the goal. Due to the COVID-19 pandemic and local government regulation, many doctors cancel rider’s medical appointments and attendance reduced at congregated sites, including Meals on Wheels dining sites and Elderday adult daycare. For 2020-2021, Lift Line provided a 20,970 one-way ride to Santa Cruz county residents. Due to COVID-19 regulations, Lift Line was at 48 % of the goal during FY20-21. State regulations forced the temporary closure to Meals on Wheels dining sites and Elderday adult daycare; this service was operated remotely to comply with the CDC recommendations. Lift Line reduced capacity on vehicles to 4 passengers on a bus and single riders on a minivan to comply with 6 feet of separation guidance. For 2021-2022, Lift Line provided 32,683. Lift Line is achieved 113% of the annual goal. For 2022-2023 Lift Line provided 45,473 rides. Lift Line achieved 103% of its goal. For 2023-2024 Lift Line provided 53,735 rides achieving 103% of its goal.
For the 2024-2025 fiscal year, Lift Line is on track to meet their ride goal.
24.32 COMMUNITY BRIDGES - LIFT LINE / CTSA
TDA/STA 2021-22, 2022-23, 2023-24 BUDGET TO ACTUAL
TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA 2021-22 2021-22 2022-23 2022-23 2023-24 2023-24 2024-25
ACCOUNT TITLE BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET PERSONNEL:
Salaries & Wages 362,433 406,646 362,433 479,360 591,168 482,612 505,847 Fringe BenUnemployment 5,211 3,251 5,211 3,076 4,434 2,412 3,794 Workers Comp 14,579 13,741 14,579 20,177 26,479 38,047 39,507 Health Insurance 41,469 38,532 41,469 53,261 49,561 58,426 82,247 FICA 27,726 31,558 27,726 31,587 45,224 42,155 38,697
401K Plan 6,335 10,056 6,335 2,810 3,951 7,436 5,825
TOTAL PERSONNEL COSTS: 457,753 503,784 457,753 590,272 720,817 631,088 675,917 SERVICES & SUPPLIES:
OPERATING:
Vehicle Operations-Fuel 35,336 49,535 35,336 79,175 44,006 47,234 39,029 Vehicle Licenses 3,834 2,260 3,834 3,103 5,839 3,453 5,397 Vehicle Repair & Maintenance 14,603 11,800 14,603 13,679 27,433 24,273 37,921 Vehicle Insurance 39,014 49,961 39,014 26,974 35,585 32,627 36,570 Communications-Radio 25,291 6,703 25,291 3,339 27,731 40,855 42,463 TOTAL VEH. OPERATING COSTS: 118,078 120,259 118,078 126,270 140,595 148,442 161,381 OTHER OPERATING & ADMINISTRATION COSTS:
Professional Services 0 11,189 0 69,521 0 48,546 54,031 Janitorial Services/Supplies 2,565 557 2,565 100 2,862 0 2,860 Publicity/Media 0 0 0 26,780 0 0 0
Staff travel 914 0 914 0 0 0 0
Minor Equipment 2,599 220 2,599 0 3,764 0 3,479
Equip Maintenance/Repair-Trapeze 6,761 589 6,761 781 1,293 87 1,195 Office Supplies 735 690 735 571 1,782 3,637 2,108
Program Supples 3,181 1,023 3,181 12,261 10,019 15,839 7,414 Vehicle Maintenance Supplies 44 0 44 891 2,178 6,598 2,937 Computer Supplies/Related 221 23 221 823 3,478 2,157 1,565 Postage 1,099 465 1,099 660 1,206 1,356 1,115
Space Rental 21,998 0 21,998 0 0 0 0
Utilities 2,890 11,334 2,890 8,507 6,370 19,935 8,722
Space Maintenance 1,312 2,747 1,312 1,714 2,953 2,384 2,730 Telephone 4,191 1,765 4,191 1,750 1,334 2,257 2,133
Misc Fees 2,025 315 2,025 1,793 2,718 1,888 2,842
Staff Training 3,009 3,655 3,009 450 1,852 699 1,659
Insurance-General Liability & Fidelity 3,007 2,910 3,007 2,910 2,910 2,910 2,910 Memberships/Subscriptions 309 2,275 309 781 4,754 3,352 3,569 Printing & Copying 71 1,937 71 3,656 262 20 3,542
Advertising (Recruitment) 0 1,145 0 1,236 3,720 1,176 1,459 Subsidized Taxi 42,615 108,251 42,615 180,636 65,737 102,626 11,573 Trxfer to/from Equip Reserve 0 0 0 0 0 0 0
Major Equipment - Non-5310 43,542 48,022 43,542 68,687 0 85,977 0 Agency Overhead 114,828 131,789 114,828 176,085 167,271 169,727 162,928 TOTAL ADMINISTRATION COSTS: 257,916 330,900 257,916 560,592 286,464 471,170 280,769 TOTAL EXPENDITURES 833,747 954,943 833,747 1,277,134 1,147,876 1,250,701 1,118,067 TOTAL REVENUES 833,747 954,943 833,747 1,277,134 1,147,876 1,250,701 1,118,067 NET GAIN (LOSS) 0 0 0 0 0 0 0
COMMUNITY BRIDGES - LIFT LINE / CTSA
TDA/STA 2019-20 2020-21 2021-22 BUDGET TO ACTUAL
TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA 2021-22 2021-22 2022-23 2022-23 2023-24 2023-24 2024-25
ACCOUNT TITLE BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET REVENUE:
TDA 733,747 844,219 733,747 972,132 875,569 975,664 854,841 STA 100,000 100,000 100,000 294,221 272,307 257,045 263,226 TAXI SCRIPT 10,724 10,781 17,992
TOTAL REVENUES 833,747 954,943 833,747 1,277,134 1,147,876 1,250,701 1,118,067
24.33 Exhibit H
24.34 24.35
6 Apportionment Schedule FY 2024/25 FY 2025/26
Proposed Proposed
4/3/25 4/3/25
Note
Transportation Development Act (TDA):
1 TDA Reserve Fund 561,390 24,418 (536,972) -95.65% To meet 8% Reserve Target* 2 RTC Reserve Fund - - -
3 4 SCCRTC:
5 Administration 734,548 785,966 51,418 7.00%
6 Planning 631,735 675,956 44,221 7.00%
7 1,366,283 1,461,923 95,640 7.00%
8 9 Bike to Work/School/Encouragement 72,000 72,000 - 0.00% 10 HSA Vision Zero Bike & Ped Safety 156,000 156,000 - 0.00% 11 228,000 228,000 - 0.00%
12 -
13 Santa Cruz Metro 8,701,057 9,330,817 629,760 7.24%
14 Spec Transit (CB/CTSA) 854,841 916,712 61,871 7.24%
15 Volunteer Center 101,767 109,132 7,366 7.24%
16 City of Capitola 19,063 20,130 1,067 5.60%
17 City of SC-Non Transit 125,220 133,058 7,839 6.26%
18 City of Scotts Valley 23,488 25,045 1,557 6.63%
19 City of Watsonville 98,783 108,166 9,383 9.50%
20 County of Santa Cruz 252,457 270,176 17,719 7.02%
21 Subtotal 10,176,675 10,913,236 736,561 7.24%
22 Total TDA Apportioned 12,332,348 12,627,577 295,229 2.39% Difference $ Difference
%
*FY 2022/23 TDA revenues were lower than estimated and $561,390 was needed to meet the FY 2024/25 8% reserve fund target. In FY 2025/26 the amount needed to meet the reserve target is due to the increase in TDA revenue estimates. 29-17
Exhibit I
24.36 City Council
AGENDA REPORT
DATE: 06/05/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Finance
SUBJECT: Proposition 4 GANN Appropriations Limit Adjustment Factors (FN) LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution to approve the selection of the annual adjustment factors to be utilized in the calculation of the City’s Proposition 4 Appropriations Limit (GANN Limit) based on the adopted budget for FY 2026, with amendments thereto, if any.
BACKGROUND: In 1979, the voters of California approved Proposition 4, also known as the GANN Initiative (heretofore referred to as the GANN Limit). This initiative, now Article XIIIB of the State Constitution, was drafted as a companion measure to Proposition 13, which is Article XIIIA of the Constitution. Article XIIIB establishes a limit on annual appropriations, or spending limit, for all governmental entities in the State of California. To comply with Article XIIIB, the City Council is required to select the adjustment factors in both price and population to be used in making the actual calculation of the Appropriations Limit. The Appropriation Limit is determined by multiplying the limit for the prior year by either the percentage change in (a) per capita personal income or (b) non-residential new construction assessed value and then multiplying the figure resulting from this step by either the percentage change in (a) City population or (b) County population. That figure becomes the Appropriations Limit for the new fiscal year. The appropriations subject to the limit are those General Fund expenditures that are funded by general taxes. Pursuant to government Code Section 37200, the GANN Limit and the total appropriations subject to limitation must be published in the annual budget.
DISCUSSION: The City Council is being asked at this time to approve the selection of the adjustment factors that will be used to prepare the appropriations limit calculation. As noted above, the two factors to be selected fall into the categories of price and population. In order to maximize the Appropriations Limit and provide the City with a higher ceiling for adopting future City budgets, staff recommends the following as adjustment factors per category area:
1. Selection of the change in California per capita personal income (6.44%) for the price category
2. Selection of the change in City population (0.2%) for the population category.
Using these factors, and as shown on the attached schedule, the appropriations limit is calculated to be $219,669,035. The City’s anticipated spending level in the FY 2026 budget is well below this limit.
25.1 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The GANN Limit 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 year-end budget adjustment does not have this potential.
HEALTH IN ALL POLICIES (HiAP): Remaining below the appropriations limit allows the City of Santa Cruz to follow the California State Constitution and continue its current operations, which includes funding broader public safety, public health, equity, and sustainability efforts.
The City’s expenditures being below the appropriations limit 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: There is no impact.
Prepared By:
Emily Burton
Finance Manager
Submitted By:
Elizabeth Cabell
Finance Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION FOR FY26 PROPOSITION 4 GANN LIMIT.DOCX
2. FY 2026 PROP 4 GANN DETERMINATION OF PROCEEDS OF TAXES.PDF
3. FY 2026 PROP 4 GANN COMPUTATION OF APPROPRIATIONS LIMIT.PDF
25.2 RESOLUTION NO. NS-30,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING
THE SELECTION OF THE ANNUAL ADJUSTMENT FACTORS USED IN THE CALCULATION OF THE CITY’S PROPOSITION 4 APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026
WHEREAS, Proposition 111 requires a recorded vote by the Council regarding which annual adjustment factors will be used in the City’s calculation of the Proposition 4 limitation beginning with budget year 1990-91; and
WHEREAS, it is in the City’s best interest to select the factors with the largest increase; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
The 6.44% increase in California per capita personal income for the price factor and the City of Santa Cruz population growth of 0.2% for the population factor are selected to be used as the annual adjustment factors in the calculation of the City’s Proposition 4 Appropriations Limit for Fiscal Year 2026.
PASSED AND ADOPTED this 24th day of June, 2025 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
25.3 Proceeds Non-Proceeds
of Taxes of Taxes Total
General Fund Taxes
Property Taxes $ 30,194,856 $ - $ 30,194,856
Sales and Use Taxes 33,413,092 - 33,413,092
Business License Taxes 755,910 - 755,910
Franchise Taxes 4,865,325 - 4,865,325
Utility Users' Tax 15,060,178 - 15,060,178
Transient Occupancy Tax 15,897,678 - 15,897,678
Admissions Tax 3,102,190 - 3,102,190
Cannabis Tax 1,135,350 - 1,135,350
Property Transfer Tax 287,099 - 287,099
Parking Lot Tax 694,105 - 694,105
Sugar-Sweetened Beverage Tax 1,000,000 - 1,000,000
CRM Assessment 454,310 - 454,310
General Fund License & Permits
Construction Permits - 1,576,000 1,576,000
Other Licenses and Permits - 466,300 466,300
General Fund Intergovernmental
Federal - 27,020 27,020
State - Homeowner's Property Tax Relief 80,000 - 80,000 State - Measure D SCCRTC - 34,000 34,000
State - Motor Vehicle In-Lieu 75,000 - 75,000
State - Operating Grants and Contributions - 25,000 25,000 State - POST Training Program - 50,000 50,000
State - AVA Funds - 80,000 80,000
Local - 90,495 90,495
General Fund Charges for Services
General Government - 2,206,537 2,206,537
Public Safety - 7,323,760 7,323,760
Culture and Recreation - 4,628,500 4,628,500
Public Works - 2,433,850 2,433,850
Community and Economic Development - 35,989 35,989
Library - 605,170 605,170
Interfund Charges - 24,078,470 24,078,470
Miscellaneous Charges for Services - 475 475
General Fund Other Revenues:
Fines and Forfeits - 1,220,947 1,220,947
Rents and Royalties - 7,200,188 7,200,188
Contributions and Donations - 61,350 61,350
Other Miscellaneous Revenues - 660,702 660,702
Interfund Transfers In - 92,500 92,500
Proceeds of Asset Dispositions - 1,500 1,500
Loan Principal Receipts - 339,359 339,359
Other Funds Revenue
Police Special Revenue Funds - 545,000 545,000
State Highway Funds - Gas Tax - 8,831,009 8,831,009
State Highway Funds - Measure D City 1,760,000 - 1,760,000 Parks and Recreation Funds 515,000 - 515,000
Housing and Community Development Funds - 3,306,862 3,306,862 Other Special Revenue Funds 635,000 1,428,400 2,063,400 Capital Projects Funds - 86,122,600 86,122,600
Debt Service Funds - 1,156,080 1,156,080
SUB-TOTAL 109,925,093 154,628,063 264,553,156
Interest Earnings 524,550 769,039 1,293,589
GRAND TOTAL $ 110,449,643 $ 155,397,102 $ 265,846,745
CITY OF SANTA CRUZ
CALCULATION OF PROCEEDS OF TAXES
PROP 4 - GANN LIMIT
BASED ON 2026 ADOPTED BUDGET
Determination of Proceeds of Taxes
25.4 Calculation of Spending Limit
Last Year's Appropriations Limit (FY 2025) $ 205,966,303 Adjustment Factors:
A. Change in Population - City 1.002000
B. Change in California per Capita Personal Income 1.064400 A times B 1.06653
Total Adjustment Percentage (A times B) 6.6529%
Total Adjustment Dollars 13,702,732
New Appropriations Limit For Fiscal Year 2026 $ 219,669,035 Appropriations Compared To Limit
Projected Proceeds From Taxes $ 110,449,643
Less: Federal Mandates $ 1,479,993
Qualified Capital Outlays -
Debt Service Appropriations 1,156,080
Total Exclusions 2,636,073
Appropriations Subject to Limit For Fiscal Year 2026 107,813,570 Appropriations Limit For Fiscal Year 2026 219,669,035
Amount Over / (Under) Appropriations Limit $ (111,855,465)
CITY OF SANTA CRUZ
APPROPRIATIONS SPENDING LIMIT
PROP 4 - GANN LIMIT
BASED ON 2026 ADOPTED BUDGET
25.5 City Council
AGENDA REPORT
DATE: 06/05/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Police/Public Works
SUBJECT: Authorize the Transfer and Use of Police Public Safety Impact Fee Funds to Outfit Three (3) Replacement Ford Explorer Police Interceptor Vehicles – Budget Adjustment (PD/PW)
LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Adopt a resolution authorizing the City Manager of the City of Santa Cruz to transfer funds from the Public Safety Impact Fee Fund 215, in the amount of $74,480.91, to the FY 2026 General Fund budget to cover labor and equipment costs for outfitting three (3) replacement Ford Explorer Police Interceptor vehicles; and
2) Direct staff to utilize a County of Placer cooperative purchasing agreement (Contract No.
SCN107418) with Lehr Auto (Hollister, CA) to procure the labor and equipment necessary to outfit the three (3) replacement Ford Explorer Police Interceptor vehicles, applying available PSIF funds in the amount of $74,480.91 and $8,406.60 from the Santa Cruz Police Department operational budget.
BACKGROUND: On April 27, 2021, the City Council adopted Ordinance No. 2021-11, establishing the Public Safety Impact Fee (PSIF) under Santa Cruz Municipal Code Chapter
18.49. The ordinance authorizes the collection of fees on building permits for new development to maintain acceptable levels of police and fire services by paying its fair share for the cost of public safety facilities with a life of five (5) years or longer (i.e., buildings, vehicles, equipment, etc.) necessitated by the burdens of new development within the City of Santa Cruz (City).
The Santa Cruz Police Department (SCPD) relies on specially outfitted patrol vehicles to respond to calls for service, perform traffic enforcement, transport individuals safely, and function as mobile workstations for officers. The SCPD’s patrol fleet of Ford Interceptors requires aftermarket safety equipment, emergency lighting, advanced communication systems, secure storage, and prisoner transport accommodations to meet operational needs.
DISCUSSION: On April 22, 2025, the City Council approved the transfer of $183,428.58 in PSIF funds to the General Fund for the purchase of three (3) Ford Explorer Police Interceptors vehicles to replace three patrol vehicles slated for replacement (Vehicle Nos. 119-2015, 156-
26.1 2016, 163-2015). The vehicles being replaced were selected based on age, mileage, and high maintenance costs.
In accordance with Section 3.08.170 of the Municipal Code, the City is authorized to participate in cooperative purchasing agreements when it serves the City’s best interests. Staff recommends utilizing an existing cooperative purchase agreement through the County of Placer (Contract No.
SCN107418), which includes a piggyback clause allowing public agencies to purchase labor and equipment under pre-negotiated terms and pricing. Leveraging this agreement allows the City to streamline procurement, secure competitive pricing, and avoid the time and expense of conducting a separate solicitation, while ensuring compliance with established purchasing policies.
Through this agreement, staff will secure competitive pricing for outfitting three (3) new 2025 Ford Explorer Police Interceptor vehicles using Lehr Auto in Hollister, CA. The contracted cost per vehicle is $27,629.17, for a total of $82,887.51 to outfit all three vehicles.
As of June 1, 2025, the Police 215 PSIF fund has a balance of $81,629.11. A six-month holding period applies to newly collected funds, leaving an available balance of $74,480.91 eligible for allocation. These funds will cover approximately 90 percent of the outfitting costs, with the remaining $8,406.60 to be funded from the SCPD’s FY 2026 operational budget.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed labor and equipment cost to outfit the police patrol vehicles for the SCPD is not a “Project” under CEQA. CEQA applies to activities that may result in direct or reasonably foreseeable indirect physical changes to the environment. Under CEQA Guidelines §15061(b)(3) (Common-Sense Exemption), if an activity has no potential for environmental impact, it is not subject to CEQA review. Additionally, CEQA Guidelines §15301 applies to the operation, maintenance, and minor alteration of existing public facilities and equipment with no expansion of use, making routine vehicle replacements exempt. Furthermore, CEQA Guidelines §15302 covers the replacement or reconstruction of existing facilities where the new equipment serves the same purpose and capacity.
HEALTH IN ALL POLICIES (HiAP): This action supports the City’s Health in All Policies (HiAP) framework by ensuring the SCPD is equipped with safe, reliable, and properly outfitted patrol vehicles necessary to respond to public safety needs. Sustaining the fleet directly contributes to community well-being, safety, and emergency responsiveness for both existing and future residents, City staff, and visitors.
FISCAL IMPACT:
1. The recommendation in this report impacts the General Fund: No
2. This recommendation requires a budget adjustment: Yes
3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The labor and materials costs to outfit the three (3) police patrol vehicles will be funded through a combination of a $74,480.91 transfer from the Police PSIF Fund 215 and $8,406.60 from the Santa Cruz Police Department’s FY 2026 operational budget. The total expenditure for outfitting all three (3) vehicles is $82,887.51. The net fiscal impact to the General Fund is zero.
26.2 Prepared By:
Catherine Brothers
Principal Management
Analyst
Submitted By:
Bernie Escalante
Chief of Police
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. BUDGET ADJUSTMENT.PDF
2. SANTA CRUZ PD 2025 PIU 2ND BATCH 52206.PDF
26.3 Item No. Description Quantity Unit Price Total Price 2025 Santa Cruz PD Patrol PIU - 2nd Batch
PLACER COUNTY CONTRACT # SCN107418
_____________________________________
Front End Equipment
_____________________________________
OEM- FRONT WIG WAG 66A
OEM - FRONT CORNERS 66A
BK2019ITU20 Setina PB450L4 Lighted Push Bumper ION Trio R/B/W 20-23 Utility 1 861.75 861.75 SA315P Whelen Siren Speaker 100W 1 199.99 199.99
SAK75D Whelen, Speaker Bracket, Fits 2025 Ford PIU, Driver Side Grille 1 30.60 30.60 EX0011 Patrol Power Harness Front Mt. Utility 2020+ (03-0211) 1 798.40 798.40 I Installation Charges 8 140.00 1,120.00
_____________________________________
Side Equipment
_____________________________________
OEM - MIRROR BEAMS 63B
I Installation Charges 1.5 140.00 210.00
_____________________________________
Roof Equipment
_____________________________________
EB2DEDE-LEHR Whelen, 54" Legacy Bar DUO WCX 1 2,265.00 2,265.00 STPKT105 Whelen Lightbar Strap Kit, Fits 2020+ Utility 1 PTA7AS4L2WG15B , 7 In 1, 5G Antenna, Australian Shepherd 1 438.34 438.34 ROOF-FT-NITI STI-CO, 136-1000 MHz Roof Mount, 3/4" Hole 1 103.00 103.00 I Installation Charges 4 140.00 560.00
_____________________________________
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
52206
Mike McGee
82540
Phone: (831) 420-5818
SANTA CRUZ, CA 95060-4913
155 CENTER ST
Catherine Brothers
City of Santa Cruz Police Department
Phone: (831) 420-5818
SANTA CRUZ, CA 95060-4913
155 CENTER ST
Catherine Brothers
City of Santa Cruz Police Department
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023-2552
5/6/2025
1 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD UTILITY
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED
26.4 Item No. Description Quantity Unit Price Total Price Drivers Compartment Equipment
_____________________________________
INV-CON-DN-PIU20-FFP Innovative, Console, Dual Notch PIU2020+, 12" Slope 2"Flat, Factory Floor Plate, Incl Armrest,Cuphol
1 601.27 601.27
INCLUDES : CUPHOLDER AND ARMREST
AC CONTROL RELOCATION FACEPLATE
OEM USB RELOCATION FACEPLATE
INV-CON-FP-0507-R Innovative, Console, Accessory, Faceplate, 3", Motorola, 05/07, Remote Head 1 INV-CON-FP-CENCOM Innovative, Console, Accessory, Faceplate, 4", Whelen, Cencom 1 C-USB-3 Havis, USB-C & USB Type A Dual Port Charger 1 79.20 79.20 MMSU-1 Mag Mic Magnetic Mic Kit 2 39.95 79.90
500-0001 Westin/Hint Tablet and Keyboard Mount-Double Post (TM-5502UDB-UNIB-E) 1 748.83 748.83
COMPUTER SWIVEL SCREEN MOUNT
CSM - POLICE RADIO
CSM - DOCK
CSM - KEYBOARD
CSM - AXON F2/F3 ICV
GK10342U Setina Dual T-Rail Mount W/2 Universal Gun Locks #2 Key 1 456.75 456.75 I Installation Charges 19 140.00 2,660.00
_____________________________________
Prisoner Compartment Equipment
_____________________________________
PK0715ITU20TM Setina #8Vs Rp 75/25 Coated Poly Partition 2020 Utility 1 711.75 711.75 QK0634ITU20 Setina, Replacement Seat W/Center Pull Belts 1 764.25 764.25 PK0316ITU202ND Setina, #12VS Coated POLY REAR Partition 2020 Utility 1 486.75 486.75 WK1491ITU20T Setina, Window Polycarbonate Barrier Tinted 1 299.25 299.25 Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
52206
Mike McGee
82540
Phone: (831) 420-5818
SANTA CRUZ, CA 95060-4913
155 CENTER ST
Catherine Brothers
City of Santa Cruz Police Department
Phone: (831) 420-5818
SANTA CRUZ, CA 95060-4913
155 CENTER ST
Catherine Brothers
City of Santa Cruz Police Department
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023-2552
5/6/2025
2 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD UTILITY
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED
26.5 Item No. Description Quantity Unit Price Total Price DK0100ITU20 Setina TPO Door Panels, Black, 2020+ Utility 1 246.75 246.75 I Installation Charges 8 140.00 1,120.00
_____________________________________
Back End Equipment
_____________________________________
INV-ES-FF-ET-PIU20 Misc, Electronics Storage, Flase Floor, Elect. Tray, Poly Coated 1 1,065.91 1,065.91 INV-ES-ORG-FB-PIU20 accessory storage ; dual flare box 2020 1 434.82 434.82 INV-ES-ORG-FBLDPIU20 ELECTRONIC STORAGE, ACCESSORY ORGANIZER LID PIU2020+ 1 140.18 140.18
ACCESSORY STORAGE LID
INV-ES-FF-ET-BIRCH-P Innovative, Electronics Storage, Accessory Ff Et Birch Board Poly 1 74.55 74.55 NPN INV-BOX-SD-38218 1 1,167.18 1,167.18
BOX, SINGLE DRAWER, 38" W X 21" D X 8" H,
DUAL PALLE LATCHES, 500# DRAWER SLIDE, POLY COATED
INV-BOX-SD-38216 Innovative, Box, Sng Drwr, 38"W X 21"D X 6"H, Incl Dual Locking Paddle Latches, 500# Drwr Slides, Po
1 1,141.82 1,141.82
INCLUDES ELECTRONIC SLAM LATCHES
INV-BOX-TR-21 Innovative, Top Rail 21" for Box 1 284.00 284.00 INV-BRKT-MSO Innovative, BRACKET, MAGNETIC STAND OFF (ATTACHED TO BOX FRONT HOLDING
FALSE FLOOR LID OPEN)
1 76.32 76.32
OEM REAR LIFT GATE 66C
OEM REAR GLASS 66C
*SUGGEST OEM 66B*
DC-5E8Q-25BLMB Misc, 25' Cat 5 Cable 2 25.00 50.00
I2J Whelen ION Duo Series Linear Red/Blue Blk Housing 2 120.60 241.20
LEFT/RIGHT REAR D PILLAR WINDOW
TLIC Whelen, ION T-Series TLIC Surface Mount Linear Super-LED - Clear 1 102.99 102.99
REAR MOUNTED ON W/REVERSE
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
52206
Mike McGee
82540
Phone: (831) 420-5818
SANTA CRUZ, CA 95060-4913
155 CENTER ST
Catherine Brothers
City of Santa Cruz Police Department
Phone: (831) 420-5818
SANTA CRUZ, CA 95060-4913
155 CENTER ST
Catherine Brothers
City of Santa Cruz Police Department
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023-2552
5/6/2025
3 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD UTILITY
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED
26.6 Item No. Description Quantity Unit Price Total Price C399 Whelen Cencom Core WCX Remote Siren & Control Center 1 1,079.00 1,079.00 C399SP Whelen SCANport KIT FOR C399 1 111.00 111.00
Available for Ford Super Duty 2023-2024, Chevrolet Silverado 1500 PPV 2022-2024, Ford Transit 2023-2024, Chevrolet Blazer EV 2023-2024, Chevrolet Tahoe 2024 CCTL7 Whelen Core WCX 21 Push-Buttons & 4-Position Slide Control Head 1 CV2V Whelen, Vehicle-To-Vehicle Sync Module 1 217.80 217.80 CEM16 Whelen Core WCX 16 Output Expansion Module 1 171.60 171.60 LH-CORE-PIU LEHR Core Harness, PIU to use Expansion Module 1 I Installation Charges 18.5 140.00 2,590.00
_____________________________________
INSTALL Install Materials 1 250.00 250.00
F Shipping Charges 1 395.00 395.00
_____________________________________
L Labor Charges - Complete Strip Patrol PIU 1 850.00 850.00 ReUse:
Police Radio System
CradlePoint Modem
In Car Video System
Docking Station/Power Supply/Keyboard
27,629.17
2344.02
25,285.15
Total:
Total Tax
Sub-Total
1,245.00
24040.15
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
52206
Mike McGee
82540
Phone: (831) 420-5818
SANTA CRUZ, CA 95060-4913
155 CENTER ST
Catherine Brothers
City of Santa Cruz Police Department
Phone: (831) 420-5818
SANTA CRUZ, CA 95060-4913
155 CENTER ST
Catherine Brothers
City of Santa Cruz Police Department
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023-2552
5/6/2025
4 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD UTILITY
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED
26.7 City of Santa Cruz
BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
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ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
255(9(18($&&28177,7/(
ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
25EXPENDITURE ACCOUNT TITLE
NET: $
REQUESTED BY DEPARTMENT HEAD
APPROVAL
BUDGET/ACCOUNTING
5(9,(:('
FINANCE DIRECTOR
APPROVAL
CITYMANAGER
APPROVAL
5HVR
352-(&7
352-(&7
$02817
$02817
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TOTAL EXPENDITURE
TOTALREVENUE
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Clear Form
2026
06/03/2025
Transfer $74,481 from Fund 215 Police Public Safety Impact Fees to the Police Department's General Fund to outfit of three (3) 2025 Ford Explorer Interceptor patrol vehicles (Vehicle Nos 119-2015, 156-2016,163-2015). 101-00-00-000-49181 P202402-964-0-0 Police Public Safety Impact Fee 74,481 74,481
215-00-00-0000-59101 To General Fund 74,481
101-20-22-2103-57402 p202402-100-2020-0 Vehicle Equipment 82,888 101-20-22-2103-52199 Patrol Professional & Technical Services -8,407 148,962
-74,481
Catherine
Brothers
Digitally signed by
Catherine Brothers
Date: 2025.06.03
16:20:52 -07'00'
Bernie
Escalante
Digitally signed by
Bernie Escalante
Date: 2025.06.04
07:46:53 -07'00'
Digitally signed
by Emily Burton
Date: 2025.06.05
'18:03:52 -07'00
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2025.06.09
10:22:22 -07'00' 26.8
Brittany Inclan
From: Pauline Seales <[email protected]>
Sent: Monday, June 23, 2025 9:26 AM
To: City Council; Tiffany Wise-West
Subject: Polluters Pay and Electrification
Dear Council members
Santa Cruz has a good Climate Action program but has not yet made sufficient progress in implementation.
Specifically June 24 council agenda items
item 26 - Police vehicle replacement
item 37 - refuse truck
These appear to be purchases of internal combustion powered vehicles. This is totally inconsistent with the city's 2030 climate goals. Newly purchased vehicles will last 10-20 years and will be emitting greenhouse gases every time they are used. There are now many electric cars available which could be suitable for police use and the city previously purchased an electric refuse truck. Please do NOT approve these items as written. Please modify them to electric equivalents.
An additional item is that we are requesting official support for the Polluters Pay bills. Polluters Pay Climate Superfund bills (AB 1243 and SB 684) are designed to fund recovery efforts from emergencies caused by climate change using money from the biggest oil and gas companies. Considering the accelerating pace of climate tragedies and cuts to FEMA and other resources, this is necessary and appropriate.
The bills are currently in judiciary committees.
Assembly member Dawn Addis, author of AB 1243, is strongly supported by John Laird and Gail Pellerin.
The superfund will not increase gas prices, since oil prices are set by global markets. The fines could easily be paid from the gross excess profits the companies have enjoyed for decades. Also, competition from smaller gas companies, who would not be fined, would prevent price increases.
The County Board of Supervisors just passed a unanimous resolution supporting the bills.
We are requesting that all city councils in the county, school boards and businesses write letters of support.
Links are here https://scruzclimate.org/make-polluters-pay/ Thanks for your attention to these items
Pauline Seales for Santa cruz Climate Action Network scruzclimate.org
26.9 City Council
AGENDA REPORT
DATE: 06/05/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Parks and Recreation
SUBJECT: Contract Award for French Broom and Acacia Removal (PR) District: Citywide
RECOMMENDATION: Motion to:
1. Approve a contract with The Davey Tree Expert Company for the revised total amount of $123,540 for French Broom and Acacia removal services.
2. Approve the CEQA determination contained in this agenda report, including the application of the “minor alterations to land” categorical exemption (CEQA Guidelines Section 15304).
BACKGROUND: The City of Santa Cruz (City) Parks and Recreation Department requires the urgent removal of invasive French Broom and Acacia from the Pogonip and Moore Creek areas.
This project is critical due to a grant deadline and the need to complete the work before the ground dries up and becomes too hard, which would significantly increase the difficulty and cost of removal. This project is funded through a specific grant and supplemented by operating funds.
DISCUSSION: Procurement Process and Bid Analysis: In accordance with City purchasing policies, competitive bids were sought for these services. Three responsive bids were received for the full scope of work:
• Davey Tree Expert Company: $206,800.00
• Lewis Tree: $237,150.00
• Community Tree Service LLC: $254,000.00
Upon evaluation, Davey Tree Expert Company was identified as the lowest responsive bidder for the complete scope of work. Initially, all proposals exceeded the then-available funds within the grant allocated for this project. Consequently, a Purchase Order (PO) was issued to Davey Tree Expert Company for $93,560.00, reflecting the initial available grant funds.
Revised Budget and Justification for Single Source Award: Since the initial negotiation, an additional $20,000 from the grant and $9,980 from operating funds have been identified, bringing the total available budget for this contract to $123,540. This new total requires City Council approval.
27.1 As per City Purchasing Code Section 3.08.150, a contract may be awarded without full competition when, after a good faith review of available sources, it's determined that there is effectively only one viable path to secure the required service under the given constraints. While competitive bids were initially sought for the full scope, the financial limitations necessitated a phased approach to the award. Now, with increased funding, expanding the existing contract with Davey Tree Expert Company is the most efficient and fiscally responsible method to maximize the work completed within the critical timeframe.
The core justification for this single source award to Davey Tree at the revised total of $123,540 stems from two primary factors:
1. Davey Tree was the lowest responsive bidder for the full scope of work. This established their competitive pricing for the comprehensive project. Extending the contract with an already-vetted and competitively priced vendor minimizes administrative burden and ensures continuity.
2. The time-sensitive nature of the work. As mentioned above, there is time sensitivity with dryer conditions increasing the difficulty of vegetation removal. Re-soliciting bids for the additional scope would introduce significant delays, potentially compromising the project's success and incurring higher costs later. Expanding the current contract with the established vendor allows for immediate action to complete more of the essential work before conditions worsen.
The City's purchasing policy also allows for negotiations on price, delivery, and terms under sole source conditions. The current proposed contract amount of $123,540 represents the maximum amount of work that can be accomplished within the currently available funds, leveraging Davey Tree's competitively established rates.
Price Analysis: The total contract price of $123,540 is considered fair and reasonable based on:
• Solicitation Responses: The initial competitive bid process for the full scope clearly demonstrated Davey Tree's position as the lowest responsive bidder. Their original bid of $206,800.00 provides a baseline for the overall project cost. • Negotiated Expansion: The current increase reflects an expansion of the scope of work within the context of the initial competitive pricing, adjusted to align with the newly identified available funds from both grant and operating sources. • Urgency and Efficiency: Avoiding a new, time-consuming solicitation process for an urgent project and expanding an existing, partially awarded contract with the lowest initial bidder is the most efficient use of resources and best practice for securing the required services quickly.
Recommendation: It is recommended that the City Council approve the single source contract with The Davey Tree Expert Company for the revised total amount of $123,540 for the French Broom and Acacia removal services. This decision is based on the time sensitivity of the project, Davey Tree's proven competitive pricing for the full scope, and the efficient utilization of newly identified funds to complete a critical environmental restoration project.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
CEQA Guidelines Section 15304, Categorical Exemption Class 4, applies to this work. This class exempts "minor alterations in the condition of land, water, and/or vegetation." This includes activities such as minor vegetation removal when its purpose is to improve habitat.
Given that the invasive species removal is designed to enhance the ecological condition of the
27.2 land and vegetation in Pogonip and Moore Creek, and given the removal methods employed are minor in scope (e.g., primarily hand removal or limited use of equipment that does not cause significant disturbance or affect healthy, mature native trees), this categorical exemption is applicable to this work.
HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative approach that integrates health, equity, and sustainability considerations into all policy decisions, recognizing that community well-being is shaped by a multitude of factors, including environmental conditions. The removal of invasive species in the city's open spaces directly aligns with the Sustainability and Equity pilars of Health in All Policies. By removing invasive species, the City enhances the ecological health and biodiversity of its open spaces, creating healthier natural environments that contribute to improved air and water quality, and provide safer, more accessible areas for physical activity and recreation. This directly supports the environmental determinant of health and fosters a more sustainable and equitable community for all residents, reflecting HiAP's core tenets of promoting overall community well-being.
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 increase requested for this contract will be covered with grant funds and existing Open Space expenditure budget.
Prepared By:
Lindsay Bass
Principal Management
Analyst
Submitted By:
Tony Elliot
Director of Parks and
Recreation
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. PURCHASE ORDER 40-25023.PDF
2. PROFESSIONAL SERVICES AGREEMENT WITH THE DAVEY TREE EXPERT COMPANY.PDF
27.3 DATE PO NUMBER
Account Number Amount Account Number Amount
TOTAL
Quantity Unit Description Unit Price Ext. Price
PURCHASE ORDER
Project Number Project Number
40-25023
THE DAVEY TREE EXPERT COMPANY
1500 NORTH MANTUA STREET
KENT, OH 44240
Pogonip and Moore Creek Acaia and French Broom removal 93,560.00 Prevailing wages must be paid to all workers and
subcontracted employees for this contract. This contract is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations
(DIR) Contractors and subcontractors must register with the DIR in order to submit a bid and/or be awarded a contract.
More information is available at dir.ca.gov
1/17/2025
CITY OF SANTA CRUZ
300 EVERGREEN ST
SANTA CRUZ, CA 95060-2136
DESTINATION
NET 30
WOESSNER, BLAKE
PARK SHOP
003621
NOT APPLICABLE (831) 462-8233
(831) 462-8236
Ship Via:
FOB Point:
Terms:
Contract Number:
Contact:
Contact Phone:
Special Inst:
Vendor Phone:
Vendor Fax:
SHIP TO:
VENDOR:
(831) 420-6158
Email: [email protected]
CITY OF SANTA CRUZ
300 EVERGREEN ST
SANTA CRUZ, CA 95060-2136
93,560.00
PARK SHOP
VENDOR COPY
The City of Santa Cruz purchase order terms and conditions shall govern this purchase order. Review the terms and
conditions at www.cityofsantacruz.com/POterms. A hard copy of the terms and conditions can be obtained by contacting the Purchasing Division at 831/420-5080.
BILL TO:
27.4 DATE PO NUMBER
Account Number Amount Account Number Amount
TOTAL
Quantity Unit Description Unit Price Ext. Price
PURCHASE ORDER
Project Number Project Number
40-25023
THE DAVEY TREE EXPERT COMPANY
1500 NORTH MANTUA STREET
KENT, OH 44240
Pogonip and Moore Creek Acaia and French Broom removal 93,560.00 Prevailing wages must be paid to all workers and
subcontracted employees for this contract. This contract is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations
(DIR) Contractors and subcontractors must register with the DIR in order to submit a bid and/or be awarded a contract.
More information is available at dir.ca.gov
1/17/2025
CITY OF SANTA CRUZ
300 EVERGREEN ST
SANTA CRUZ, CA 95060-2136
DESTINATION
NET 30
WOESSNER, BLAKE
PARK SHOP
003621
NOT APPLICABLE (831) 462-8233
(831) 462-8236
Ship Via:
FOB Point:
Terms:
Contract Number:
Contact:
Contact Phone:
Special Inst:
Vendor Phone:
Vendor Fax:
SHIP TO:
VENDOR:
(831) 420-6158
Email: [email protected]
CITY OF SANTA CRUZ
300 EVERGREEN ST
SANTA CRUZ, CA 95060-2136
93,560.00
E 101-30-41-3120-52153 93,560.00 E g302302
PARK SHOP
DEPARTMENT COPY
BILL TO:
27.5 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 1
Professional Services Agreement With
THE DAVEY TREE EXPERT COMPANY
For POGONIP AND MOORE CREEK ACAIA AND FRENCH BROOM REMOVAL THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and The Davey Tree Expert Company (“Vendor”) (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
Vendor will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.
SECTION 2: RESPONSIBILITIES OF VENDOR
All work performed by Vendor, or under Vendor’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Vendor's profession. Vendor represents and agrees that Vendor: (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.
Vendor 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 Vendor 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 Vendor's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Vendor's control.
Vendor shall meet with Blake Woessner, Field Supervisor for Open Spaces and Greenways in the Parks and Recreation Department, hereinafter called "Supervisor", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Vendor’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 Vendor’s work by City or others shall not relieve Vendor from responsibility for errors and omissions in Vendor’s work.
SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Vendor all necessary data and information in the City's possession and shall actively assist Vendor in obtaining such information from other agencies and individuals as needed. Vendor is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Vendor shall provide City prompt written notice of any known defects in such data and information.
The Supervisor 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 Vendor of the changes or revisions necessary to secure approval.
27.6 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Vendor at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Vendor's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B.
Vendor agrees that the payments to Vendor specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Vendor under this Agreement. Such payments shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Vendor 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 $123,540 without advance written City authorization in the form of an amendment or change order.
Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Vendor which list the actual costs and expenses.
All invoices shall contain the following affidavit signed by Vendor (if individual) or by an authorized representative of Vendor (if Vendor is an entity):
"I hereby certify [or as an authorized representative of Vendor] 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: 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 Vendor. 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 6: TERM AND SCHEDULE
The term of this Agreement shall be for 6 months beginning on the effective date of this Agreement and terminating upon completion of the Scope of Work.
Vendor 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 Vendor a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.
27.7 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 3
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. Vendor 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.
Vendor acknowledges that it is necessary for Vendor 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 7: TERMINATION
The City may terminate the Agreement for any reason by providing written notice to Vendor not less than 10 calendar days prior to an effective termination date.
The City may, at its option, allow Vendor 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 Vendor has not cured within the specified time period to the City’s satisfaction.
Vendor 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 Vendor), from the date of the Vendor’s written termination notice specifying the default in performance. Vendor 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 Vendor, the Vendor 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 Vendor will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Vendor’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Vendor 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 Vendor of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Vendor to perform pursuant to the Agreement. City may withhold any payments to Vendor for the purpose of set-off until such time as the exact amount of damages due City from Vendor is determined. After the effective date of termination, Vendor will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.
SECTION 8: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Vendor will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Vendor 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 Vendor.
SECTION 9: INDEMNIFICATION
27.8 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 4
Vendor agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Vendor, Vendor’s officers, employees, agents, or subcontractors in any way related to this Agreement. Vendor’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. Vendor’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 Vendor, Vendor’s officers, employees, agents, or subcontractors, Vendor’s costs to defend Indemnitees shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.
SECTION 10: 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 Vendor to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Vendor is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Vendor’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 11: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Vendor and the City.
SECTION 12: 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 Vendor. Vendor 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, Supervisor, or their designee. Unless expressly authorized by the City Manager or Supervisor, Vendor’s compensation shall be limited to that set forth in Exhibit B, Fee Schedule.
SECTION 13: MISCELLANEOUS PROVISIONS
1. Project Manager/Key Staff. Supervisor reserves the right to evaluate and confer with Vendor regarding the project manager or other key staff assigned by Vendor to perform the work under this Agreement. Vendorshall replace the
27.9 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 5
project manager or key staff upon Supervisor’s request due to Supervisor’s concern about their performance.
Otherwise, no change in assignment by the Vendor may occur without prior written approval of the City.
2. Vendor Services Only. Vendor is employed to render professional services only and any payments made to Vendor are compensation solely for such professional services.
3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Vendor, including each of Vendor’s employees, agents, subcontractors or others under Vendor’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. Vendor 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 Vendor’s supervision or control was misclassified.
In the event that Vendor or any employee, agent, or subcontractor of Vendor 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, Vendor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Vendor 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. Vendor Not an Agent. Except as City may specify in writing, Vendor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Vendor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
5. Subcontractors. Vendor 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, Vendor will be notified and will be expected to immediately cancel the subcontract. Vendor 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.
Vendor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors or subVendors, and of persons either directly or indirectly employed by them, or acting on Vendor’s behalf pursuant to this Agreement, as it is for the acts and omissions of persons directly employed by Vendor.
Vendor’s obligation to pay its subVendors is an independent obligation from the City’s obligation to make payments to the Vendor.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Supervisor 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. Vendor agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Vendor covenants (on behalf of Vendor and Vendor’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. Vendor 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. Vendor will immediately advise City if Vendor learns of a conflicting financial interest of Vendor during the term of this Agreement.
27.10 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 6
8. City Property. The work, or any portion, of Vendor in performing this Agreement shall become the property of City. The Vendor may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason. Vendor 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 Vendor 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 Vendor waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Vendor on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Vendor’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable.
9. Intellectual Property and Indemnity. Vendor represents to City that, to the best of Vendor’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computersoftware programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.
To the fullest extent permitted by law, Vendor 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 Vendor’s performance under this Agreement or to the City’s authorized intended or actual use of Vendor’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 Vendor’s opinion is likely to become, the subject of a claim of infringement, the Vendor shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Vendor’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 Vendor. 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. Vendor shall not acquire any ownership interest in data and information (“City Data”) received by Vendor 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 Vendor through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Vendor in connection with this Agreement. Unless otherwise required by law, Vendor 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 Vendor and City, all City Confidential Information shall remain the property of the City. Vendor shall not acquire ownership interest in the City’s Confidential Information.
27.11 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 7
b. Vendor 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. Vendor 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 Vendor’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, Vendor 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 Vendor’s sole expense. Vendor shall not charge City for any expenses associated with Vendor’s compliance with these obligations.
d. Vendor 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 Vendor 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. Vendor's Records/Audits. Vendor shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, in compliance with Gov. Code §8546.7 for a contract in excess of $10,000, or in compliance with other applicable federal laws (e.g. 48 CFR 31) or regulations for a period of three (3) years from:
the date of the final City payment for Vendor'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 Vendor 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 Vendor’s proprietary information is contained in documents or information submitted to City, and Vendor claims that such information falls within one or more CPRA exemptions, Vendor 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 Vendor prior to such disclosure. If Vendor 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 Vendor 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. Vendor 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 Vendor.
27.12 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 8
13. Compliance with Laws. All activities of Vendor, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations. Vendor 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 Vendor may be subject to penalties including being declared an irresponsible contractor.
14. Licensure. Vendor agrees that Vendor, 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:
• Vendor, 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, Vendor 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., Vendor (and any subVendor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement.
Vendor (and any subVendor) shall adhere to the prevailing wage determinations made by the Supervisor 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, Vendor 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), Vendor 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. Vendor shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Vendor employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Vendor shall ensure compliance with Labor Code section 1777.5; d. Vendor 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. Vendor shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Vendor and/or its subVendor 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
27.13 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 9
Agreement at the City’s sole and absolute option and shall be at the sole risk of Vendor. Vendor on behalf of itself and any subVendor, 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 Vendor and any subVendor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work. g. Vendor acknowledges that it and/or any subVendor 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, Vendor, Vendor’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices
18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.
Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.
19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, a strike, lockout or other labor difficulty, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.
20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
27.14 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 10
21. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
22. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
23. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
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:
Parks and Recreation Department
Blake Woessner
323 Church St., Santa Cruz, CA 95060
[email protected]
831-420-6158
To VENDOR:
The Davey Tree Expert Company
Travis Evans
1500 North Mantua St., Kent, OH 44240
[email protected]
831-462-8233
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]
27.15 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 11
Approved As To Form:
By: _____________________________ Date: __________________ Office of the City Attorney
CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker
City Manager
VENDOR
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________
27.16 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 12
EXHIBIT A: SCOPE OF WORK
501 Golf Club Dr.: French Broom (Covered under initial PO contract 40-25023) • All to be removed by hand, including root and crown.
• Any larger more established to be cut and treated.
• Includes hauling and disposal of debris.
501 Golf Club Dr.: Acacia (Covered under initial PO contract 40-25023) • All living acacia trees and sprouts to be removed and treated withherbicide. • Includes hauling and disposal of all debris and wood.
Shaffer Rd: French Broom & Acacia
• Remove by hand or cut and poison the established French Broom in the designated area. All debris will be hauled and disposal fees are included. The numbered areas 3, 11A, 11B, 12, 13 & 14 will be pulled and piled
27.17 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 13
EXHIBIT B: FEE SCHEDULE
Item # Scope Cost
1 501 Golf Club Dr.: French Broom (Covered under initial PO contract 40-25023) • All to be removed by hand, including root and crown.
• Any larger more established to be cut and treated.
• Includes hauling and disposal of debris.
26,450.00
2 501 Golf Club Dr.: Acacia (Covered under initial PO contract 40-25023) • All living acacia trees and sprouts to be removed and treated withherbicide. • Includes hauling and disposal of all debris and wood. 67,110.00
3 Shaffer Rd: French Broom & Acacia
• Remove by hand or cut and poison the established French Broom in the designated area. All debris will be hauled and disposal fees are included. The numbered areas 3, 11A, 11B, 12, 13 & 14 will be pulled and piled
29,980.00
TOTAL 123,540
27.18 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 14
EXHIBIT C: WORK SCHEDULE
January through end of July, working to complete work prior to the ground drying up during the summer months.
27.19 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 15
EXHIBIT D: INSURANCE REQUIREMENTS
Vendor shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Vendor, 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
Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Vendor maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. • PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.
Vendor will maintain insurance appropriate to Vendor’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract of work. • AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor 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.
27.20 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 16
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees.
(Not required if Vendor provides written verification it has no employees) - If Vendor has no employees, Vendor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policywith respect to liability arising out of work or operations performed by or on behalf of Vendor including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
o PRIMARY COVERAGE
For any claims related to this Agreement, Vendor’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 Vendor’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
Vendor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Vendor 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
Vendor 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 Vendor’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.
27.21 City of Santa Cruz Professional Services Agreement for THE DAVEY TREE EXPERT COMPANY June 2025 (Form Rev.01/24 ) Page 17
• SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Vendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Vendor will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL 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 Vendor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
D. SUBCONTRACTORS
Vendor shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. Vendor shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Vendor 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 Vendor.
27.22 City Council
AGENDA REPORT
DATE: 06/03/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Public Works
SUBJECT: 2025 Update to City of Santa Cruz Public Works Standard Details (PW) LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Approve the City of Santa Cruz Public Works Standard Details; 2) Adopt a resolution to approve the Standard Details and authorize the City Engineer to approve future revisions pursuant to Government Code section 830.6; and 3) Find the City’s Standard Details Categorically Exempt under CEQA Guidelines 14 CCR section 15301(c).
BACKGROUND: The Public Works Department maintains a set of Standard Details to provide minimum standards for the design, materials and methods of construction for a variety of public infrastructure such as streets, storm drains and sanitary sewer facilities. These Standards ensure the longevity and function of public improvements and consistent application of requirements to public projects and private development.
The Standard Details are visual construction drawings and details showing how public facilities are repaired or constructed. The Standard Details work in conjunction with other sources of information including the City Standard Specifications and the latest State of California Department of Transportation Standard Plans and Specifications (“Caltrans Plans and Specifications”). The City references the Caltrans Plans and Specifications, modified where appropriate, to satisfy City needs.
DISCUSSION: A collaborative effort from various City divisions and departments over the past year has produced the proposed Standard Details, incorporating recent changes in construction practices and materials procurement.
These revisions to the Standard Details will assist engineers, developers, contractors and the public in better understanding the City’s requirements for public works construction. The City will also use these Standard Details for Capital Investment Program (CIP) projects.
28.1 This comprehensive update improves and modernizes nearly every standard detail. Changes include:
- Updated standards for sewer and stormwater infrastructure; - Stronger pavement restoration requirements to extend the lifespan of City streets; - Updated standards for managing trenches and trench plates to enhance public safety; - Addition and updates to traffic engineering details to increase tools for traffic calming; and
- Improved details for tree wells in City streets.
Design Immunity:
Government Code section 830.6 provides design immunity for public entities and public employees, as summarized below:
"California GC §830.6 - Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved ... " To establish the design immunity defense to shield the public agency from liability, the public agency must show:
1) A causal relationship between the Standard Details and the accident; 2) Discretionary approval of the Standard Details before the construction or improvement; and
3) Substantial evidence supporting the reasonableness of the Standard Details Staff recommends adoption of the attached resolution to ensure that design immunity pursuant to Government Code section 830.6 attaches to the Standard Details. Staff also recommends delegating discretionary authority to the City Engineer to approve future revisions to the Standard Details. Any new Standard Detail would be presented to the Council for approval.
Should City Council take action to adopt this resolution, it would become effective immediately.
The Standard Details can be found online at: https://www.cityofsantacruz.com/government/citydepartments/public-works/engineering CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The Standard Details are not subject to the California Environmental Quality Act as they do not meet the definition of a project under CEQA.
HEALTH IN ALL POLICIES (HiAP): The City’s Standard Details promotes implementing the Healthy Environments component of the Health in All Policies by modernizing the design standards of the built environment. The updates focus on increasing safety and accessibility in the public right-of-way for all roadway users. The implementation of the new standard details supports the General Plan goals of:
- CC 4 – A sustainable and efficient wastewater system
- CC 5 – A sustainable and efficient stormwater system
28.2 - M3 – A safe, efficient, and adaptive road system - M4 – A citywide interconnected system of safe, inviting, and accessible pedestrian ways and bikeways
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: There is no impact to the General Fund.
Prepared By:
Dan Estranero, P.E.
Associate Professional
Engineer
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION.DOCX
28.3 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ADOPTING THE 2025 PUBLIC WORKS STANDARD DETAILS AND AUTHORIZING THE CITY
ENGINEER TO APPROVE FUTURE REVISIONS PURSUANT TO GOVERNMENT CODE SECTION 830.6
WHEREAS, the City Council finds and declares as follows:
A. The City of Santa Cruz maintains and publishes a set of Public Works Standard Details for construction of public improvements;
B. Regular updates to those Standard Details are necessary to comply with and apply evolving codes, standards, materials and technologies;
C. City staff has designed and prepared the 2025 Standard Details; D. The City Engineer has reviewed the 2025 Standard Details; and E. The City Council seeks to obtain the immunities set forth in Government Code §830.6 with regard to adoption of the 2025 Standard Details.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
SECTION 1: Design Immunity; Authorization.
A. The City Council adopts the 2025 Standard Details.
B. The design adoption set forth in this Resolution occurred before adoption and publishing the updated 2025 Standard Details.
C. The adoption authorized by this Resolution conforms with the City's General Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the Public Works Standard Details.
E. The adoption and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code §830.6.
SECTION 2: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 3: This Resolution will become effective immediately upon adoption.
28.4 RESOLUTION NO. NS-XX,XXX
PASSED AND ADOPTED this 24th day of June, 2025 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
28.5 City Council
AGENDA REPORT
DATE: 06/03/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Public Works
SUBJECT: Contract Amendment 3 for Santa Cruz County Regional Bike Share Program (PW)
LOCATION: Citywide
RECOMMENDATION: Motion to authorize the City Manager to execute the Third Amendment to the Professional Service Agreement for Santa Cruz County Regional Bike Share Program in a form acceptable to the City Attorney and authorize the Public Works Director to execute future contract amendments within the project budget.
BACKGROUND: In May 2018, the City of Santa Cruz (City) officially launched the first public bike share system in Santa Cruz County. This partnership with JUMP operated for two years, at which time JUMP merged with Lime and the City program ended. Subsequently, the County of Santa Cruz, the Cities of Santa Cruz, Capitola, and Watsonville, the University of California Santa Cruz (UCSC) and Cabrillo College worked collaboratively to enter into contract with BCycle, LLC to operate a regional bike share system in Santa Cruz County.
The City Council approved moving forward with a new regional bike share program in June 2021. In January 2023, the City finalized a contract with BCycle, LLC to be the regional bike share program vendor (Vendor). In April 2023, the City Council approved the First Amendment to the contract to amend cyber liability requirements. In June 2023, BCycle officially launched in the City of Santa Cruz and at UCSC. In April 2024, BCycle expanded its service area to the County of Santa Cruz in the Live Oak area and to the City of Capitola. In September 2024, the City Council approved the Second Amendment to the contract to amend pricing structures.
DISCUSSION: The City and BCycle entered into a contract for a Regional Bike Share Program in January 2023, and the program officially launched in the City of Santa Cruz and UCSC in June 2023. In reviewing the first year of the program, ridership in the Santa Cruz BCycle system was the largest in the BCycle system as a whole, but unexpected market conditions led to financial losses for BCycle including:
Cost of labor, utilities, and services in the Santa Cruz market Larger than expected levels of theft and vandalism
An immediate transition of the majority of users to annual passes rather than higher revenue walkup or monthly passes. The Second Amendment to the contract was approved at City Council
29.1 on September 10, 2024 to address preliminary pricing issues to increase the annual rate and collect sales tax.
In order to maintain financial sustainability and allow for continued regional expansion, the regional partners and BCycle negotiated a second updated pricing structure for walk-up and monthly rates. All regional partners agree with this updated pricing proposal and find the proposed changes reasonable with regard to the market conditions. This pricing structure maintains status annual pricing and increases the walkup price from $7 to $7.99 and the monthly price from $30 to $34.99. Additionally, BCycle will have the ability to offer additional specialized passes, such as weekend, event, and other passes for targeted events or groups.
As such, the following language in Exhibit D: Fee Schedule to the Agreement is hereby removed in its entirety:
“User Fees
Beginning on the Effective Date of Amendment No. 2 to the Agreement, rates will be set not to exceed the following:
a. Walk-up Pass: $7.00 per each 30 minutes; daily maximum is $75. b. Monthly Pass: $30.00 for unlimited 30-minute trips, extra 30 minutes $3 each. c. Annual Pass: $225.00 for unlimited 60-minute trips, extra 30 minutes $3 each. d. Low Income: None currently proposed but the vendor is encouraged to support discounted access through bulk-member programs.
e. Students: None proposed but the vendor is encouraged to support discounted access through bulk-member programs.
The Walk-Up Fees, Monthly Fees, and Annual Fees to be charged by the Vendor will be the same for all participating jurisdictions. The Vendor shall have the right to offer additional fee structures or promotional rates at the Vendor’s sole discretion. The Vendor may also negotiate with the Host Agency unique alternative or discounted rates for discrete groups of people (including, but not limited to, students and persons of low-income) or Special Event pricing for limited duration events.
Notwithstanding any other provision to the contrary in the Agreement, all posted rates are exclusive of any applicable sales and other taxes, except where same are void by law.” and is replaced with the following language:
“User Fees
1. Rates will be set as listed:
a. Walk Up Pass: $7.99 per each 30 minutes.
b. Monthly: $34.99 for unlimited 30-minute trips, extra 30 minutes $7.99 each. c. Annual: $225 for unlimited 30-minute trips, extra 30 minutes $7.99 each. d. Low Income: None currently proposed but the vendor is encouraged to support discounted access through bulk-member programs.
e. Students: None proposed but the vendor is encouraged to support discounted access through bulk-member programs.
The Walk-Up Fees, Monthly Fees, and Annual Fees to be charged by the Vendor will be the same for all Participating Jurisdictions. The Vendor shall have the right to offer other fee
29.2 structures or promotional rates at the Vendor’s sole discretion. The Vendor may also negotiate with the Host Agency unique alternative or discounted rates for discrete groups of people (included, but not limited to, students and persons of low-income) or Special Event pricing for limited duration events.
Notwithstanding any other provision to the contrary in the Agreement, all posted rates are exclusive of any applicable sales and other taxes, except where same are void by law.” CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This is not a project under CEQA.
HEALTH IN ALL POLICIES (HiAP): The bike share program promotes all three of the Health in All Policies pillars in the following ways:
1. Equity – Provides transportation alternatives available in key transportation corridors explaining mobility options.
2. Public Health – Provides active modes of transportation that promote health and wellbeing
3. Sustainability – Offers a low impact transportation option that supports the overall reduction of greenhouse gas emissions.
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: This action has no impact on the General Fund.
Prepared By:
Claire Gallogly
Principal Transportation
Planner
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. PROFESSIONAL SERVICES AGREEMENT AMENDMENT 3.DOCX
29.3 Second Amendment to Professional Services Agreement with BCycle LLC Month, Year Page 1
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH BCYCLE LLC _________________
THIS THIRD AMENDMENT (“Third Amendment”), effective as of _________, (“Effective Date”) to the PROFESSIONAL SERVICES AGREEMENT dated January 6, 2023, is made by and between the CITY OF SANTA CRUZ (“City”) and BCycle LLC (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”
RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated January 6, 2023, incorporated herein by this reference; and WHEREAS, the City Council approved the entering into a First Amendment to the Agreement on April 11, 2023, to amend the cyber liability coverage terms in the contract.
WHEREAS, the City Council approved the entering into a Second Amendment to the Agreement on September 27, 2024, to revise the fee schedule.
WHEREAS, City and Consultant desire to enter into this Third Amendment to the Agreement to to revise the Fee Schedule, as specified herein.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:
1. The following language in Exhibit D: Fee Schedule to the Agreement is hereby removed in its entirety:
“User Fees
Beginning on the Effective Date of Amendment No. 2 to the Agreement, rates will be set not to exceed the following:
a. Walk-up Pass: $7.00 per each 30 minutes; daily maximum is $75. b. Monthly Pass: $30.00 for unlimited 30-minute trips, extra 30 minutes $3 each.
c. Annual Pass: $225.00 for unlimited 60-minute trips, extra 30 minutes $3 each.
d. Low Income: None currently proposed but the vendor is encouraged to support discounted access through bulk-member programs. e. Students: None proposed but the vendor is encouraged to support discounted access through bulk-member programs.
29.4 Second Amendment to Professional Services Agreement with BCycle LLC Month, Year Page 2
The foregoing Walk-Up Fees, Monthly Fees, and Annual Fees to be charged by Vendor will be the same for all participating jurisdictions. Vendor shall have the right to offer additional fee structures or promotional rates at Vendor’s sole discretion. Vendor may also negotiate with Host Agency unique alternative or discounted rates for discrete groups of people (including, but not limited to, students and persons of low-income) or Special Event pricing for limited duration events.
Notwithstanding any other provision to the contrary in the Agreement, all posted rates are exclusive of any applicable sales and other taxes, except where same are void by law.”
and is replaced with the following language:
“User Fees
1. Rates will be set as listed:
a. Walk Up Pass: $7.99 per each 30 minutes.
b. Monthly: $34.99 for unlimited 30-minute trips, extra 30 minutes $7.99 each.
c. Annual: $225 for unlimited 30-minute trips, extra 30 minutes $7.99 each. d. Low Income: None currently proposed but the vendor is encouraged to support discounted access through bulk-member programs. e. Students: None proposed but the vendor is encouraged to support discounted access through bulk-member programs.
The foregoing Walk-Up Fees, Monthly Fees, and Annual Fees to be charged by Vendor will be the same for all Participating Jurisdictions. Vendor shall have the right to offer other fee structures or promotional rates at Vendor’s sole discretion. Vendor may also negotiate with Host Agency unique alternative or discounted rates for discrete groups of people (included, but not limited to, students and persons of low-income) or Special Event pricing for limited duration events.
Notwithstanding any other provision to the contrary in the Agreement, all posted rates are exclusive of any applicable sales and other taxes, except where same are void by law.”
2. Except as amended by this Third Amendment, all other applicable terms and conditions of the original Agreement and attachments, and other prior amendment(s), shall remain in full force and effect. The terms of this Third Amendment shall control if any conflict exists.
3. Each party acknowledges that it has reviewed this Third Amendment 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 Second Amendment.
29.5 Second Amendment to Professional Services Agreement with BCycle LLC Month, Year Page 3
4. The unenforceability, invalidity or illegality of any provision(s) of this Third Amendment shall not render the other provisions unenforceable, invalid or illegal.
5. The Parties may execute this Third Amendment 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.
6. The signatories to this Third Amendment warrant and represent that each is authorized to execute this Third Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Third Amendment.
[SIGNATURES ON FOLLOWING PAGE]
29.6 Second Amendment to Professional Services Agreement with BCycle LLC Month, Year Page 4
IN WITNESS WHEREOF, the City and the Consultant have executed this Third Amendment effective as of the date first written above.
Approved As To Form:
By: ______________________________ Date: ___________
Office of the City Attorney
CONSULTANT
By: ______________________________ Date: __________________ Printed: __________________________ Title: _________________________ By: ______________________________ Date: __________________ Printed: __________________________ Title: __________________
CITY OF SANTA CRUZ
By: ______________________________ Date: __________________ Matt Huffaker, City Manager
29.7 City Council
AGENDA REPORT
DATE: 06/04/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Public Works
SUBJECT: Resource Recovery Facility Permanent Stormwater Treatment System Project - Request for Proposals and Authorization to Advertise and Award (PW)
LOCATION: District 6
RECOMMENDATION: Motion to approve the plans and specifications and authorize staff to advertise and award a Request for Proposals (RFP) for Design, Construction, and Maintenance Services for the Resource Recovery Facility Stormwater Treatment System Project (c402111).
The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney, as authorized by Resolution No. NS-27,563. The Public Works Director is authorized to execute change orders within the approved project budget.
BACKGROUND: The Resource Recovery Facility (RRF) is regulated under the State Water Resources Control Board’s Industrial Stormwater General Permit (IGP). The RRF is divided into several drainage areas for compliance monitoring purposes. The IGP requires stormwater best management practices (BMPs) to reduce or prevent pollutants in stormwater. In addition to various BMPs already implemented, a rental seasonal stormwater treatment system has been required since the 2021 wet season to capture and treat stormwater.
The seasonal stormwater treatment system is designed to convey captured stormwater through a series of tanks to improve settlement. The stormwater is further treated via sand filters before it is discharged back into the RRF’s storm drain system, where it flows into Lombardi Creek and on to the Pacific Ocean. The rental period is usually 6 months and the cost for this past rainy season was approximately $195,000.
DISCUSSION: The temporary seasonal system has been effective in reducing stormwater pollutants from the Recycling Center. Staff completed a business case analysis and recommends installing a permanent system which is expected to be a more cost-effective long-term solution.
The vendor’s scope will include completing the design of a system similar to the current rental system, construction and installation of the new treatment system, and provision of a one-year operating and maintenance agreement for as-needed service with an option to extend the contract annually.
30.1 Schedule: The system must be operational in Fall 2025 Budget: The project is estimated to cost $475,000
The Request for Proposals for the project can be found online at:
www.cityofsantacruz.com/publicworksprojects
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This project qualifies for a Class 1 Categorical Exemption, which applies to a project consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. A Notice of Exemption will be prepared for the installation of the permanent RRF stormwater treatment system.
HEALTH IN ALL POLICIES (HiAP): This program promotes the following Health in All Policies Conditions: The permanent storm water treatment system at the SCRRF contributes to the Healthy Environments pillar of Health in All Policies Conditions. It addresses the CORE Community Indicators of “Concern for the environment” and “Environmental stewardship” by reducing contaminants that would otherwise escape the SCRRF.
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 will be available in the FY 2026 Refuse Fund Capital Investment Program (CIP) project (c402111). There is no impact to the General Fund.
Prepared By:
Hoi Yu
Associate Professional
Engineer
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
None.
30.2 City Council
AGENDA REPORT
DATE: 06/04/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Public Works
SUBJECT: Amendment to the Transportation and Public Works Commission’s Bylaws (PW)
LOCATION: Citywide
RECOMMENDATION: Motion to approve the amended Transportation and Public Works Commission Bylaws as amended by the Transportation and Public Works Commission on May 19, 2025.
BACKGROUND: In January 2018, the Transportation and Public Works Commission (TPWC) formed the Participation Process Ad-Hoc Subcommittee to evaluate potential enhancements to commission procedures, public engagement, and project feedback mechanisms, with the goal of better aligning with the TPWC charter. Their goals were to:
1. Increase commissioners’ knowledge and awareness
2. Receive project information earlier to allow for more meaningful input
3. Expand opportunities to hear and understand public concerns
4. Minimize demand on City resources
5. Improve overall communication with City Council, City staff, and the public Resulting from these goals, TPWC approved Bylaw changes in December 2018 to increase meeting frequency from six to ten meetings per year, turn one of the regular meetings into an open house community event each year, and develop an annual work plan to outline the year’s goals. In October 2021, TPWC approved the last amendments to the Bylaws, updating the meeting time to 6:00pm to 9:00pm. City Council approved the Bylaw amendments at its December 14, 2021 meeting.
On August 27, 2019, the City Council adopted a Vision Zero Resolution to eliminate traffic fatalities and serious injuries on City streets by 2030. Subsequent projects and planning documents have implemented and referenced those principles of roadway safety but were not formally adopted into the bylaws of the TPWC.
DISCUSSION: In April 2025, Chair Ryan Meckel met with Public Works staff to review recommendations for the updated work plan. During this discussion, it became clear that roadway safety is not explicitly referenced in the TPWC Bylaws, despite being a significant area
31.1 of focus for the TPWC in its efforts to improve roadway safety citywide. At its May 19, 2025 meeting, TPWC approved the Bylaw amendment to formally recognize the importance of roadway safety, including principles such as Vision Zero. Other minor changes are included in this amendment under Articles II and III, at the direction of the TPWC.
No other changes to the TPWC bylaws are being recommended at this time, and all other sections will remain unchanged.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This is not a project under CEQA.
HEALTH IN ALL POLICIES (HiAP): The proposed project is in alignment with the City’s HiAP initiative by supporting Health and Wellness and Healthy Environments.
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: There is no fiscal impact associated with the TPWC Bylaw amendments.
Prepared By:
Christina Alberti
Principal Management
Analyst
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. TRANSPORTATION AND PUBLIC WORKS COMMISSION BYLAWS 2025 – REDLINED VERSION.RTF
2. TRANSPORTATION AND PUBLIC WORKS COMMISSION BYLAWS 2025 – CLEAN VERSION.RTF
31.2 BYLAWS
of the
Transportation and Public Works Commission
City of Santa Cruz, California
Under authority of applicable statutes of the State of California, and the City Charter of the City of Santa Cruz, California, for the purpose of establishing rules and regulations governing the organization and procedures of the Transportation and Public Works Commission of the City of Santa Cruz, CA
Originally Adopted by Council May 17, 2010
Amended by the Commission October 18,
2021May 19, 2025
Amended by Commission, Approved by Council December 14, 2021June 24, 2025 Transportation and Public Works Commission Bylaws
Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 1 31.3 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 2 Table of Contents
ARTICLE I – NAME AND/OR AUTHORITY..........................................................................4 ARTICLE II – PURPOSE ............................................................................................................4 ARTICLE III – DUTIES AND RESPONSIBILITIES ..............................................................4 Section 1. Membership ...................................................................................................................5 Section 2. Qualifications.................................................................................................................5 Section 3. Application for Membership..........................................................................................5 Section 4. Method of Appointment ................................................................................................5 Section 5. Good Standing and Reporting of Absences...................................................................5 Section 6. Termination....................................................................................................................5 Section 7. Ex-Officio Membership “Optional” ..............................................................................6 ARTICLE V – TERM OF OFFICE.............................................................................................6 Section 1. Term...............................................................................................................................6 Section 2. Membership Year ..........................................................................................................6 Section 3. Length of Term ..............................................................................................................6 Section 4. Dual Service...................................................................................................................6 ARTICLE VI – OFFICERS AND ELECTIONS .......................................................................7 Section 1. Officers ..........................................................................................................................7 Section 2. Election of Officers........................................................................................................7 Section 3. Term of Office ...............................................................................................................7 Section 4. Nominations...................................................................................................................7 Section 5. Voting ............................................................................................................................7 Section 6. Vacancy of an Officer....................................................................................................7 Section 7. Removal of Elected Officers .........................................................................................7 Section 8. Duties of the Chair.........................................................................................................8 Section 9. Duties of the Vice Chair ................................................................................................8 Section 10. Duties of the Acting Chair...........................................................................................8 ARTICLE VII – STAFF SUPPORT............................................................................................8 Section 1. Staff................................................................................................................................8 Section 2. Staff Relationship to the Advisory Body.......................................................................9 ARTICLE VIII – MEETINGS .....................................................................................................9 Section 1. Time and Location of Meetings.....................................................................................9 Section 2. Cancellation ...................................................................................................................9 Section 3. Special Meetings............................................................................................................9 ARTICLE IX – CONDUCT OF MEETINGS ..........................................................................10 Section 1. Compliance with the Brown Act and Council Policies ...............................................10 Section 2. General Conduct of Meetings......................................................................................10 Section 3. How Items Are Placed on the Agenda.........................................................................10 Section 4. Quorum ........................................................................................................................10 Section 5. Absence of a Quorum ..................................................................................................10
31.4 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 3 Section 6. Agenda.........................................................................................................................10 Section 7. Order of Business.........................................................................................................10 ARTICLE X – MOTIONS..........................................................................................................11 Section 1. Call for Motion ............................................................................................................11 Section 2. Seconding a Motion.....................................................................................................11 Section 3. Lack of a Second .........................................................................................................11 Section 4. Discussion/Debate .......................................................................................................11 Section 5. Time Limits on Discussion/Debate .............................................................................11 Section 6. Amending a Motion.....................................................................................................11 Section 7. Withdrawing a Motion.................................................................................................11 Section 8. Motion to Table ...........................................................................................................11 Section 9. Results of Voting .........................................................................................................11 ARTICLE XI – VOTING ...........................................................................................................12 Section 1. Statements of Disqualification.....................................................................................12 Section 2. Voice Vote ...................................................................................................................12 Section 3. Roll Call Vote ..............................................................................................................12 Section 4. Sealed Ballot Votes......................................................................................................12 Section 5. Adoption of Motions....................................................................................................13 Section 6. Tie Votes......................................................................................................................13 ARTICLE XII – REPORTS .......................................................................................................13 Section 1. Agenda Reports to Advisory Body..............................................................................13 Section 2. Committee Reports ......................................................................................................13 Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports ...................13 ARTICLE XIII – RECORD KEEPING....................................................................................13 Section 1. Maintenance of Records ..............................................................................................13 Section 2. Action Agenda .............................................................................................................14 Section 3. Minutes ........................................................................................................................14 Section 4. Electronic Recording of Meetings ...............................................................................14 ARTICLE XIV – COMMITTEES.............................................................................................14 Section 1. Ad Hoc Committees ....................................................................................................14 Section 2. Standing Committees...................................................................................................15 Section 3. Staff Support to Committees .......................................................................................15 Section 4. Appointments...............................................................................................................15 Section 5. Committee Meetings....................................................................................................15 ARTICLE XV – AMENDMENTS .............................................................................................15 ARTICLE XVI – ADOPTION OF BYLAWS ..........................................................................15
31.5 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 4 Transportation and Public Works Commission Bylaws
ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Transportation and Public Works Commission of the City of Santa Cruz, California; hereinafter referred to as the Transportation and Public Works Commission, or the Advisory Body.
ARTICLE II – PURPOSE
Established by Ordinance No. 2010-05 in 2010, the Transportation and Public Works Commission is generally responsible for advising the City Council in matters pertaining to transportation and public works as defined in this ordinance (Section 2.40.081). Its duties include advising the City Council on planning, design, construction, reconstruction, installation, operation and maintenance of transportation and public works. It makes recommendations to Council concerning the capital improvement program and the annual budget of the Public Works Department.
ARTICLE III – DUTIES AND RESPONSIBILITIES
The Transportation and Public Works Commission shall have the ability, as vested by the City Council, and be required to:
(a) Act as the advisory commission to the Ccity Ccouncil for planning, design, installation and maintenance of public works;
(b) Review and make recommendations to the Ccity Ccouncil concerning the capital improvement program;
(c) Review, monitor and make long-range recommendations concerning the construction, reconstruction, operation and maintenance of public works; (d) Consider the annual budget of the public works department during its preparation and make recommendations with respect thereto to the Ccity Ccouncil; (e) Receive complaints comments pertaining to traffic and transportation patterns; (f) Review, monitor and suggest recommendations for city transportation matters including, but not limited to: automotive, rail, bicycle, and pedestrian traffic within the city; (f)(g) Review and suggest recommendations to improve roadway safety utilizing Vizion Zero principles;
(g)(h) Review additional transportation matters such as transportation system management, travel demand management and other related issues; (h)(i)Review and suggest recommendations for placement and enforcement of warning, regulatory and guide signs on city streets;
(i)(j) Make recommendations to the City Council regarding the allocation of funds for capital expenditures related to roadway and transportation improvements; and
(j)(k)Perform other duties as may from time to time be prescribed by the City Council.
31.6 ARTICLE IV – MEMBERSHIP
Section 1. Membership
The Transportation and Public Works Commission will be comprised of 7 members Section 2. Qualifications
Per Ordinance No. 87-10, Section 1, Chapter 2.40.011:
a. Each member of the Transportation and Public Works Commission shall be a qualified elector of the city;
Section 3. Application for Membership
Prospective members shall file an application in the office of the City Clerk.
Section 4. Method of Appointment
Per Ordinance 87-10, Section 1, Chapter 2.40.011:
Unless the ordinance, or an amendment, establishing and setting forth the authority of the board or commission provides otherwise:
a. Each board or commission member shall be appointed by motion of the city council adopted by at least four affirmative votes;
b. If additional members must be appointed to fill the complement of a board or commission, such appointments shall be made at the earliest reasonable date.
Section 5. Good Standing and Reporting of Absences
Absences will be identified as “with notification” and “without notification.” An absence is considered as “with notification” if the member notifies the Staff or the Chair prior to a regular or special meeting. If there has been no prior notification, the absence is considered “without notification.”
Each member is allowed three absences with notification per calendar year. Should a m ember exceed the allowed absences from regular and special meetings, Staff shall notify the City Clerk. Excessive absences shall result in termination of membership. A leave of absence, approved by the City Council according to Council Policy is not subject to termination.
It is the responsibility of staff of an advisory body to bring serious attendance issues to the attention of the Mayor or City Clerk prior to reaching the limit, if possible. If either through study of the annual attendance report or through other channels, the Mayor learns that a member has more than the allowable number of absences, the Mayor may notify the member or chairperson, that action may be initiated by Council to remove the member from the advisory body. The Mayor may choose to postpone or withhold notification to Council in unusual circumstances: for example, if the member is actively performing work for the advisory body outside of the regular meetings or is involved in subcommittee work.
Section 6. Termination
After three meetings following appointment to the Advisory Body, each member shall be subject to removal by motion of any Councilmember, adopted by at least four affirmative votes.
Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 5
31.7 Section 7. Ex-Officio Membership “Optional”
The Transportation and Public Works Commission may find that, because of the complexity of its work, it is desirable to add member(s) at-large to the Advisory Body to serve as non-voting ex-officio members to lend other opinions or expertise to the work of the Advisory Body. The City Council will authorize the Chair of the Advisory Body to nominate member(s)-at-large for Council approval to be non-voting ex-officio members for a determined period of time.
ARTICLE V – TERM OF OFFICE
Section 1. Term
Term of office for each member shall be four years. A member may be appointed to complete an unexpired term. A member may continue to serve until their successor has been appointed.
Section 2. Membership Year
A membership year shall be February 1st to January 31st of each year.
Section 3. Length of Term
A member shall not serve more than two consecutive full four-year terms. Upon completion of a member's eighth consecutive year of service, that member will be ineligible for reappointment for a period of two years. Members who have served six years or less at the time their term expires are eligible for reappointment.
Section 4. Dual Service
No member shall be eligible to serve on two Advisory Bodies unless one is established for less than 13 months.
Bylaws of the City of Santa Cruz Transportation and Public Works Commission 31.8 Page 6 ARTICLE VI – OFFICERS AND ELECTIONS
Section 1. Officers
Officers of the Advisory Body shall consist of a Chair and Vice Chair.
Section 2. Election of Officers
As soon as is practicable following the first day of February of every year, there shall be elected from among the membership of the Advisory Body a Chair and Vice Chair.
Section 3. Term of Office
The term of office for the Chair and Vice Chair is one calendar year. Officers may not serve in the same position for more than two consecutive years.
Section 4. Nominations
The Chair will open the floor to nominations. Any member may nominate a candidate from the membership for the position of Chair or Vice Chair; nominations need not be seconded.
A member may withdraw their name if placed in nomination, announcing that, if elected, they would not be able to serve; but they shall not withdraw in favor of another member.
Once the nominations are complete, the Chair will ask for a motion to close the nominations; a second of, and vote on, the motion is required.
The Chair then declares that it has been moved and seconded that the nominations be closed, and the members proceed to the election.
Section 5. Voting
Voting may be by voice vote or by roll call vote.
The candidate who receives a majority of the votes is then declared to be legally elected to fill the office of Chair, and will immediately chair the remainder of the meeting.
The same procedure is followed for the election of Vice Chair.
Section 6. Vacancy of an Officer
Should a vacancy occur, for any reason, in the office of Chair or Vice Chair prior to the next annual election, a special election shall be held to fill the vacant office from among the membership. That member shall serve until a new appointment has been made.
Section 7. Removal of Elected Officers
The Chair or Vice Chair may be removed by a majority vote of the full Advisory Body at a regularly scheduled meeting of the Advisory Body, when all appointed members are present, or at a special meeting convened for that purpose at which a quorum is present. Any officer removed ceases to hold the office once the vote has been tallied and announced. If the Chair is removed, the Vice Chair shall become the new Chair. An election for the Vice Chair shall then be agendized for the next meeting.
Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 7
31.9 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 8 Section 8. Duties of the Chair
The Chair shall preside at all regular meetings and may call special meetings. The Chair shall decide upon all points of order and procedure during the meeting; their decision shall be final unless overruled by a vote of the Advisory Body, in compliance with Article IX, Section 2, “General Conduct of Meetings.” The Chair may not make motions, but may second motions on the floor. The Chair acts as primary contact for staff and shall represent the Advisory Body before City Council whenever the Advisory Body or Council considers it necessary. The Chair and staff shall jointly set the meeting agenda.
The Chair, in consultation with staff, shall create an Annual Work Plan for the following fiscal year pursuant to the language contained in the “Work Program” section of the “Handbook for City Advisory Bodies” prepared by the City Clerk’s Office. The Chair may move that a Work Plan development subcommittee be formed, and the Work Plan shall be adopted by the full Commission by a majority vote. Such adoption ideally shall occur at a meeting prior to the onset of the City’s fiscal year which the plan coincides.
Section 9. Duties of the Vice Chair
The Vice Chair shall assume all duties of the Chair in the absence or disability of the Chair.
Section 10. Duties of the Acting Chair
In case of absence of both the Chair and the Vice Chair from any meeting, an Acting Chair shall be elected from among the members present, to serve only during the absence of the Chair and Vice Chair.
ARTICLE VII – STAFF SUPPORT
Section 1. Staff
Staff support and assistance is provided, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council.
The Director of Public Works shall designate appropriate staff to act as staff person(s) to assist and support the Advisory Body. Staff shall attend all regular and special Advisory Body meetings. Staff shall be responsible for coordination of such reports, studies, and recommendations as are necessary to assist the Advisory Body in the conduct of its business according to City Council policy and the Brown Act. Staff may enlist the assistance of other departments as required. Staff shall be responsible for all public notification regarding all regular and special Advisory Body meetings.
Staff shall record the minutes of the meetings in accordance with the guidelines established in the “Preparation of Minutes” section of the City Councilmembers' Handbook, shall supervise volunteers and interns, shall work closely with the Chair between meetings, shall make recommendations, prepare reports and proposals to the Advisory Body, may represent the Advisory Body at other meetings, presentations, and other public functions as requested, and shall perform administrative tasks.
Staff shall be responsible for the maintenance of proper records and files pertaining to Advisory Body business. Staff shall receive and record all exhibits, petitions, documents, or other materials presented to the Advisory Body in support of, or in opposition to, any question before
31.10 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 9 the Advisory Body. Staff shall sign all notices prepared in connection with Advisory Body business, shall attest to all records of actions, transmittals, and referrals as may be necessary or required by law, and shall be responsible for compliance with all Brown Act postings and noticing requirements.
Section 2. Staff Relationship to the Advisory Body
Given limited staff resources, the Chair or individual members shall not make separate requests of staff without approval of the Advisory Body. If a member has a research or report request, it shall be brought to the Advisory Body for discussion, consideration, and recommendation prior to making the request of staff. If not approved by the Advisory Body, the individual member shall be responsible for their own research or report.
Staff and the Chair shall jointly set the meeting agenda.
ARTICLE VIII – MEETINGS
Section 1. Time and Location of Meetings
The Advisory Body will hold its regular meeting on the third Monday of each month, excluding July and December. The meetings shall begin at 6:00 p.m in the City Council Chambers and will adjourn at 9:00 p.m., unless the Chair, with concurrence of the Advisory Body, extends the time of adjournment.
If the scheduled date for a regular meeting falls on a holiday, such meeting shall be rescheduled in accordance with Council policy.
Section 2. Cancellation
If a majority of the membership deems it necessary or desirable, a scheduled regular meeting may be cancelled or rescheduled upon giving notice, unless a public hearing has previously been noticed.
Section 3. Special Meetings
The Chair of the Advisory Body, staff, or a majority of the membership of the Advisory Body may call a special meeting. Notice of such meeting shall state the purpose or the business to be transacted during such special meeting. No other business may be transacted at such special meeting other than as stated in the notice. Oral Communications are not required at special meetings as long as a statement appears on the agenda identifying that there will be no Oral Communications, but that members of the public will have the opportunity to address the Advisory Body on item(s) on the agenda.
If desired by a majority of the Commission, one of the ten annual meetings may be a “project open house” meeting organized and hosted by Public Works staff, with a purpose of informing the public of current and future projects and to allow for greater public comment on such projects. The date of such open house, if desired, shall be set by the Commission when it adopts its annual Meeting Calendar.
31.11 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 10 ARTICLE IX – CONDUCT OF MEETINGS
Section 1. Compliance with the Brown Act and Council Policies All regular, special, and adjourned meetings of the Advisory Body shall be open meetings to which the public and the press shall be admitted in compliance with the Brown Act. Meetings will be held at City facilities which are accessible to persons with disabilities.
Section 2. General Conduct of Meetings
Points of order and conduct, including those not addressed by these Bylaws, shall be settled by the Chair, unless overruled by a majority vote of the Advisory Body. Points of order and conduct shall comply with the Brown Act, these Bylaws, and the City Councilmembers’ Handbook. The Chair will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting.
Section 3. How Items Are Placed on the Agenda
A request to have an item placed for consideration on a future agenda may be made by staff, any Advisory Body member or a member of the public. The Chair and staff will consider the validity (within the approved scope of work) and urgency of the request and determine when and if that item should be placed on an Advisory Body agenda. Issues can be referred to an advisory body by the City Council and may have time sensitive deadlines. The items must comply with the procedures in Article XII, Section 1, “Agenda Reports to Advisory Body.” Section 4. Quorum
A quorum of the Transportation and Public Works Commission shall consist a majority of the total number of members while there are greater than seven members. At such time that the Transportation and Public Works Commission becomes a seven-member commission, a quorum shall consist of four (4) members, whether or not there are vacancies on the Advisory Body.
Section 5. Absence of a Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by the Chair, Vice Chair, or staff.
A meeting may be declared adjourned for lack of a quorum after a 15-minute period has elapsed from the scheduled time of the start of the meeting. A meeting may also be declared adjourned in advance, if absence notifications received by staff provided for lack of a quorum. Adjournment may be declared by any member or staff.
Section 6. Agenda
The Chair and staff shall jointly set the meeting agenda and its format shall conform to the template set by Council Policy.
Section 7. Order of Business
The Chair or a majority vote of the Advisory Body may change the order of business.
31.12 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 11 ARTICLE X – MOTIONS
Section 1. Call for Motion
Upon conclusion of preliminary discussion, any member other than the Chair may place a motion on the floor. The motion shall contain the proposed action.
Section 2. Seconding a Motion
The Chair shall receive all motions and shall call for a second to each motion. The Chair may second a motion.
Section 3. Lack of a Second
If, after a reasonable time, no second has been made, the motion shall be declared dead for lack of a second, and the Chair shall state this. This shall not be considered an action of the Advisory Body and shall not be included in the minutes.
Section 4. Discussion/Debate
After a motion has been made and seconded, the Chair shall call for a discussion of the question.
All discussion shall be limited to the motion on the floor. At the close of the discussion, the Chair shall put the matter to a vote.
Section 5. Time Limits on Discussion/Debate
The Chair may, at their discretion, limit debate of any motion; except that each member shall have the opportunity to speak.
Section 6. Amending a Motion
A motion to amend may be made by any member to revise a motion on the floor; but it cannot be a freestanding motion on its own, nor can it substitute for a main motion. The motion to amend must be voted upon, unless the maker and the second accept it as a friendly amendment, and, if it passes, it then becomes part of the main motion.
Section 7. Withdrawing a Motion
Any motion may be withdrawn by the maker and the second and shall not be included in the meeting minutes.
Section 8. Motion to Table
A motion to table may be made to suspend consideration of an item that appears on a meeting agenda for reasons of urgency or to end an unproductive discussion. A motion to table is not in order when another member has the floor. A motion to table requires a second, is not debatable, is not amendable, requires a majority vote for passage, and, if adopted, cannot be reconsidered at the meeting at which it is adopted. Members will refrain from using a motion to table as a means of capriciously limiting debate among members, to suppress a minority of the Advisory Body, or to avoid public input on an agenda item under consideration by the Advisory Body.
Section 9. Results of Voting
The Chair shall state the results of each vote, e.g., “The motion passes by a vote of five to two.”
31.13 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 12 ARTICLE XI – VOTING
Section 1. Statements of Disqualification
Section 607 of the City Charter states that “...All members present at any meeting must vote unless disqualified, in which case the disqualification shall be publicly declared and a record thereof made.” No member may abstain from voting on any item, except on the approval of the minutes, when that member was absent.
The City of Santa Cruz has adopted a Conflict of Interest Code, and Section 8 of that Code states that “no person shall make or participate in a governmental decision which s/he knows or has reason to know will have a reasonably foreseeable material financial effect distinguishable from its effect on the public generally.”
Any member who has a disqualifying interest on a particular matter shall do all of the following:
1) Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required; 2) Recuse themselves from discussing and voting on the matter, or otherwise acting in violation of government code Section 87100;
3) Leave the room until after the discussion, vote, and any other disposition of the matter is concluded unless the matter has been placed on the portion of the agenda reserved for uncontested matters;
4) Notwithstanding paragraph 3, a public official may speak on the issue during the time that the general public speaks on the issue.
Any question regarding conflicts of interest shall be referred to the City Attorney.
Section 2. Voice Vote
All questions shall be resolved by voice vote. Each member shall vote “Aye” or “No” and the vote shall be so entered into the minutes, noting the vote of each member. A member may state the reasons for their vote, which reasons shall also be entered into the minutes of the meeting.
All members including the Chair shall vote on all matters, except where they have a disqualifying interest.
Section 3. Roll Call Vote
Any member may request a roll call vote, either before or immediately after a voice vote. A roll call vote shall be taken without further discussion. The Advisory Body staff shall call the roll and each member shall state their vote for the record.
Section 4. Sealed Ballot Votes
No Advisory Body shall take a sealed ballot vote in open session.
31.14 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 13 Section 5. Adoption of Motions
Adoption of a motion shall be made by a simple majority of the members present, except as otherwise provided. The Chair shall restate the vote for the record, e.g., “The motion is approved by a vote of five to two.”
Section 6. Tie Votes
Tie votes will be resolved as follows:
Statement of Disqualification: A tie vote resulting from a Statement of Disqualification of one or more members, with no members absent and no vacancies on the Advisory Body, shall constitute a defeat of the motion.
Absence: A tie vote during the absence of one or more members, or when there is a vacancy on the Advisory Body, shall cause the item to be automatically continued to the next meeting; except that, as to matters on which action must be taken on a date prior to the next meeting, a tie vote shall constitute a denial of the requested action.
Successive Tie Vote: A tie vote at the next meeting on a matter that has been continued as a result of a tie vote shall constitute a denial of the appeal or defeat of the motion.
ARTICLE XII – REPORTS
Section 1. Agenda Reports to Advisory Body
All agenda items require a written report. Written reports serve as the analysis, detail, history, and justification for each agenda item. Reports shall include recommendation(s) and background.
If a report is initiated by an Advisory Body member, a draft of that report shall be provided to staff for formatting at least 10 business days prior to the meeting. Staff shall then format reports to be consistent with content, style, and formatting of City Council agenda reports. Items initiated by a committee shall be processed in the same manner. Draft reports not submitted in a timely manner shall be placed on a future agenda.
Section 2. Committee Reports
Committee reports may be verbal or written and may be accompanied by written documentation.
Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports All recommendations adopted by the Advisory Body and addressed to the City Council shall be delivered to the Mayor as soon as possible. If the action requests City Council action, the item shall be placed on a future City Council agenda. Agenda reports to the City Council from the Advisory Body shall be written reports consistent with content, style, and formatting of City Council agenda reports.
Additionally, the agenda report shall include a section called analysis, which includes the pros, cons, and foreseeable consequences of the recommendation(s). In the event that staff and the Advisory Body disagree, an analysis of both recommendations shall be included.
ARTICLE XIII – RECORD KEEPING
Section 1. Maintenance of Records
All records shall be maintained according to the City of Santa Cruz Records Retention Schedule.
31.15 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 14 Section 2. Action Agenda
Action agendas are required for standing Advisory Bodies. An action agenda is an unofficial record of the meeting and shall consist of attendance; meeting start and adjourn times, and a brief description of actions taken. The action agenda shall be made available online within four working days of the meeting.
Section 3. Minutes
Action-only minutes will be produced for all Advisory Body meetings in the same format as that used for City Council meetings as referenced in Council Policy 5.14. Minutes, when approved by the advisory body, are the official record of the meeting and shall consist of attendance, meeting start and adjourn times, a brief description of actions taken, the motion maker and seconder of the motion; and an actual tally of the votes for all actions taken. Advisory Body members who want a particular comment included in the minutes must state “for the record” before making such comment. Minutes shall be reviewed, corrected as appropriate, and or amended and approved by the Advisory Body at a subsequent meeting. Approved minutes are a permanent document and shall be maintained in hard copy in perpetuity in addition to in electronic version.
Subcommittee reports presented orally in a meeting shall be summarized in the minutes.
Section 4. Electronic Recording of Meetings
Proceedings for all standing Brown-Act Advisory Body meetings shall be recorded on CDs or DVRs. The electronic media shall be retained for one year pursuant to the City of Santa Cruz Records Retention Schedule.
As appropriate and/or when requested by the Advisory Body or City Council, a meeting of the Advisory Body may be video recorded or televised.
Members of the public have the right to make recordings of a meeting without disrupting the proceedings under any circumstances.
ARTICLE XIV – COMMITTEES
Section 1. Ad Hoc Committees
Ad hoc committees are established by an Advisory Body to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Ad hoc committees generally serve only a limited or single purpose, are not perpetual, and are dissolved once their specific task is completed. An ad hoc committee shall be less than six months in term and shall have fewer members than a simple majority of the membership of the appointing Advisory Body. Ad hoc committees shall bring back information to the Advisory Body in either oral or written form.
Following ad hoc committee input, the Advisory Body shall then discuss, deliberate, and make recommendations on the designated issue, thereby providing the public with the opportunity to participate in the decision-making process. This shall take place in the presence of a quorum of the Advisory Body at a properly noticed public meeting.
Ad hoc committees shall not be subject to the Brown Act. City staff shall not be required to be present at ad hoc committee meetings. All ad hoc committees shall provide a final report to the Advisory Body in lieu of minutes.
31.16 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 15 Section 2. Standing Committees
Standing committees are bodies established to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Standing committees are ongoing in nature and are created to deal with issues and make decisions on behalf of the Advisory Body. The public has a right to participate in this process. Standing committees are subject to the Brown Act and staff will provide only such support as to ensure such compliance.
Section 3. Staff Support to Committees
City staff shall normally not be required to attend or provide support for standing or ad hoc committee meetings, unless directed by the department head. All ad hoc committees shall provide a final report to the Advisory Body in lieu of minutes. All standing committees shall provide reports, no less than quarterly, to the Advisory Body.
Section 4. Appointments
The Chair of the Advisory Body may designate or solicit participation for standing and ad hoc committees.
Section 5. Committee Meetings
All standing or ad hoc committee meetings shall be held upon call of the Committee Chair.
ARTICLE XV – AMENDMENTS
A majority of the full membership of the Advisory Body may amend these bylaws, subject to the approval of the City Council.
ARTICLE XVI – ADOPTION OF BYLAWS
Immediately upon favorable vote of not less than a majority of the full membership of the Transportation and Public Works Commission of the City of Santa Cruz and approval of the City Council, these Bylaws shall be in full force and effect. Any and all previously adopted bylaws are hereby superseded.
These Bylaws shall not be considered or construed as superseding any ordinance or directive of the City Council of the City of Santa Cruz, nor shall they preclude the preparation and adoption of further procedural manuals and policies by which the Advisory Body may direct its activities.
31.17 BYLAWS
of the
Transportation and Public Works Commission
City of Santa Cruz, California
Under authority of applicable statutes of the State of California, and the City Charter of the City of Santa Cruz, California, for the purpose of establishing rules and regulations governing the organization and procedures of the Transportation and Public Works Commission of the City of Santa Cruz, CA
Originally Adopted by Council May 17, 2010
Amended by the Commission May 19, 2025
Amended by Commission, Approved by Council June 24, 2025 Transportation and Public Works Commission Bylaws
Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 1
31.18 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 2 Table of Contents
ARTICLE I – NAME AND/OR AUTHORITY..........................................................................4 ARTICLE II – PURPOSE ............................................................................................................4 ARTICLE III – DUTIES AND RESPONSIBILITIES ..............................................................4 Section 1. Membership ...................................................................................................................5 Section 2. Qualifications.................................................................................................................5 Section 3. Application for Membership..........................................................................................5 Section 4. Method of Appointment ................................................................................................5 Section 5. Good Standing and Reporting of Absences...................................................................5 Section 6. Termination....................................................................................................................5 Section 7. Ex-Officio Membership “Optional” ..............................................................................6 ARTICLE V – TERM OF OFFICE.............................................................................................6 Section 1. Term...............................................................................................................................6 Section 2. Membership Year ..........................................................................................................6 Section 3. Length of Term ..............................................................................................................6 Section 4. Dual Service...................................................................................................................6 ARTICLE VI – OFFICERS AND ELECTIONS .......................................................................7 Section 1. Officers ..........................................................................................................................7 Section 2. Election of Officers........................................................................................................7 Section 3. Term of Office ...............................................................................................................7 Section 4. Nominations...................................................................................................................7 Section 5. Voting ............................................................................................................................7 Section 6. Vacancy of an Officer....................................................................................................7 Section 7. Removal of Elected Officers .........................................................................................7 Section 8. Duties of the Chair.........................................................................................................8 Section 9. Duties of the Vice Chair ................................................................................................8 Section 10. Duties of the Acting Chair...........................................................................................8 ARTICLE VII – STAFF SUPPORT............................................................................................8 Section 1. Staff................................................................................................................................8 Section 2. Staff Relationship to the Advisory Body.......................................................................9 ARTICLE VIII – MEETINGS .....................................................................................................9 Section 1. Time and Location of Meetings.....................................................................................9 Section 2. Cancellation ...................................................................................................................9 Section 3. Special Meetings............................................................................................................9 ARTICLE IX – CONDUCT OF MEETINGS ..........................................................................10 Section 1. Compliance with the Brown Act and Council Policies ...............................................10 Section 2. General Conduct of Meetings......................................................................................10 Section 3. How Items Are Placed on the Agenda.........................................................................10 Section 4. Quorum ........................................................................................................................10 Section 5. Absence of a Quorum ..................................................................................................10
31.19 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 3 Section 6. Agenda.........................................................................................................................10 Section 7. Order of Business.........................................................................................................10 ARTICLE X – MOTIONS..........................................................................................................11 Section 1. Call for Motion ............................................................................................................11 Section 2. Seconding a Motion.....................................................................................................11 Section 3. Lack of a Second .........................................................................................................11 Section 4. Discussion/Debate .......................................................................................................11 Section 5. Time Limits on Discussion/Debate .............................................................................11 Section 6. Amending a Motion.....................................................................................................11 Section 7. Withdrawing a Motion.................................................................................................11 Section 8. Motion to Table ...........................................................................................................11 Section 9. Results of Voting .........................................................................................................11 ARTICLE XI – VOTING ...........................................................................................................12 Section 1. Statements of Disqualification.....................................................................................12 Section 2. Voice Vote ...................................................................................................................12 Section 3. Roll Call Vote ..............................................................................................................12 Section 4. Sealed Ballot Votes......................................................................................................12 Section 5. Adoption of Motions....................................................................................................13 Section 6. Tie Votes......................................................................................................................13 ARTICLE XII – REPORTS .......................................................................................................13 Section 1. Agenda Reports to Advisory Body..............................................................................13 Section 2. Committee Reports ......................................................................................................13 Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports ...................13 ARTICLE XIII – RECORD KEEPING....................................................................................13 Section 1. Maintenance of Records ..............................................................................................13 Section 2. Action Agenda .............................................................................................................14 Section 3. Minutes ........................................................................................................................14 Section 4. Electronic Recording of Meetings ...............................................................................14 ARTICLE XIV – COMMITTEES.............................................................................................14 Section 1. Ad Hoc Committees ....................................................................................................14 Section 2. Standing Committees...................................................................................................15 Section 3. Staff Support to Committees .......................................................................................15 Section 4. Appointments...............................................................................................................15 Section 5. Committee Meetings....................................................................................................15 ARTICLE XV – AMENDMENTS .............................................................................................15 ARTICLE XVI – ADOPTION OF BYLAWS ..........................................................................15
31.20 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 4 Transportation and Public Works Commission Bylaws
ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Transportation and Public Works Commission of the City of Santa Cruz, California; hereinafter referred to as the Transportation and Public Works Commission, or the Advisory Body.
ARTICLE II – PURPOSE
Established by Ordinance No. 2010-05 in 2010, the Transportation and Public Works Commission is generally responsible for advising the City Council in matters pertaining to transportation and public works as defined in this ordinance (Section 2.40.081). Its duties include advising the City Council on planning, design, construction, reconstruction, installation, operation and maintenance of transportation and public works. It makes recommendations to Council concerning the capital improvement program and the annual budget of the Public Works Department.
ARTICLE III – DUTIES AND RESPONSIBILITIES
The Transportation and Public Works Commission shall have the ability, as vested by the City Council, and be required to:
(a) Act as the advisory commission to the City Council for planning, design, installation and maintenance of public works;
(b) Review and make recommendations to the City Council concerning the capital improvement program;
(c) Review, monitor and make long-range recommendations concerning the construction, reconstruction, operation and maintenance of public works; (d) Consider the annual budget of the public works department during its preparation and make recommendations with respect thereto to the City Council; (e) Receive comments pertaining to traffic and transportation patterns; (f) Review, monitor and suggest recommendations for city transportation matters including, but not limited to: automotive, rail, bicycle, and pedestrian traffic within the city; (g) Review and suggest recommendations to improve roadway safety utilizing Vizion Zero principles;
(h) Review additional transportation matters such as transportation system management, travel demand management and other related issues;
(i) Review and suggest recommendations for placement and enforcement of warning, regulatory and guide signs on city streets;
(j) Make recommendations to the City Council regarding the allocation of funds for capital expenditures related to roadway and transportation improvements; and
(k) Perform other duties as may from time to time be prescribed by the City Council.
31.21 ARTICLE IV – MEMBERSHIP
Section 1. Membership
The Transportation and Public Works Commission will be comprised of 7 members Section 2. Qualifications
Per Ordinance No. 87-10, Section 1, Chapter 2.40.011:
a. Each member of the Transportation and Public Works Commission shall be a qualified elector of the city;
Section 3. Application for Membership
Prospective members shall file an application in the office of the City Clerk.
Section 4. Method of Appointment
Per Ordinance 87-10, Section 1, Chapter 2.40.011:
Unless the ordinance, or an amendment, establishing and setting forth the authority of the board or commission provides otherwise:
a. Each board or commission member shall be appointed by motion of the city council adopted by at least four affirmative votes;
b. If additional members must be appointed to fill the complement of a board or commission, such appointments shall be made at the earliest reasonable date.
Section 5. Good Standing and Reporting of Absences
Absences will be identified as “with notification” and “without notification.” An absence is considered as “with notification” if the member notifies the Staff or the Chair prior to a regular or special meeting. If there has been no prior notification, the absence is considered “without notification.”
Each member is allowed three absences with notification per calendar year. Should a m ember exceed the allowed absences from regular and special meetings, Staff shall notify the City Clerk. Excessive absences shall result in termination of membership. A leave of absence, approved by the City Council according to Council Policy is not subject to termination.
It is the responsibility of staff of an advisory body to bring serious attendance issues to the attention of the Mayor or City Clerk prior to reaching the limit, if possible. If either through study of the annual attendance report or through other channels, the Mayor learns that a member has more than the allowable number of absences, the Mayor may notify the member or chairperson, that action may be initiated by Council to remove the member from the advisory body. The Mayor may choose to postpone or withhold notification to Council in unusual circumstances: for example, if the member is actively performing work for the advisory body outside of the regular meetings or is involved in subcommittee work.
Section 6. Termination
After three meetings following appointment to the Advisory Body, each member shall be subject to removal by motion of any Councilmember, adopted by at least four affirmative votes.
Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 5
31.22 Section 7. Ex-Officio Membership “Optional”
The Transportation and Public Works Commission may find that, because of the complexity of its work, it is desirable to add member(s) at-large to the Advisory Body to serve as non-voting ex-officio members to lend other opinions or expertise to the work of the Advisory Body. The City Council will authorize the Chair of the Advisory Body to nominate member(s)-at-large for Council approval to be non-voting ex-officio members for a determined period of time.
ARTICLE V – TERM OF OFFICE
Section 1. Term
Term of office for each member shall be four years. A member may be appointed to complete an unexpired term. A member may continue to serve until their successor has been appointed.
Section 2. Membership Year
A membership year shall be February 1st to January 31st of each year.
Section 3. Length of Term
A member shall not serve more than two consecutive full four-year terms. Upon completion of a member's eighth consecutive year of service, that member will be ineligible for reappointment for a period of two years. Members who have served six years or less at the time their term expires are eligible for reappointment.
Section 4. Dual Service
No member shall be eligible to serve on two Advisory Bodies unless one is established for less than 13 months.
Bylaws of the City of Santa Cruz Transportation and Public Works Commission 31.23 Page 6 ARTICLE VI – OFFICERS AND ELECTIONS
Section 1. Officers
Officers of the Advisory Body shall consist of a Chair and Vice Chair.
Section 2. Election of Officers
As soon as is practicable following the first day of February of every year, there shall be elected from among the membership of the Advisory Body a Chair and Vice Chair.
Section 3. Term of Office
The term of office for the Chair and Vice Chair is one calendar year. Officers may not serve in the same position for more than two consecutive years.
Section 4. Nominations
The Chair will open the floor to nominations. Any member may nominate a candidate from the membership for the position of Chair or Vice Chair; nominations need not be seconded.
A member may withdraw their name if placed in nomination, announcing that, if elected, they would not be able to serve; but they shall not withdraw in favor of another member.
Once the nominations are complete, the Chair will ask for a motion to close the nominations; a second of, and vote on, the motion is required.
The Chair then declares that it has been moved and seconded that the nominations be closed, and the members proceed to the election.
Section 5. Voting
Voting may be by voice vote or by roll call vote.
The candidate who receives a majority of the votes is then declared to be legally elected to fill the office of Chair, and will immediately chair the remainder of the meeting.
The same procedure is followed for the election of Vice Chair.
Section 6. Vacancy of an Officer
Should a vacancy occur, for any reason, in the office of Chair or Vice Chair prior to the next annual election, a special election shall be held to fill the vacant office from among the membership. That member shall serve until a new appointment has been made.
Section 7. Removal of Elected Officers
The Chair or Vice Chair may be removed by a majority vote of the full Advisory Body at a regularly scheduled meeting of the Advisory Body, when all appointed members are present, or at a special meeting convened for that purpose at which a quorum is present. Any officer removed ceases to hold the office once the vote has been tallied and announced. If the Chair is removed, the Vice Chair shall become the new Chair. An election for the Vice Chair shall then be agendized for the next meeting.
Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 7
31.24 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 8 Section 8. Duties of the Chair
The Chair shall preside at all regular meetings and may call special meetings. The Chair shall decide upon all points of order and procedure during the meeting; their decision shall be final unless overruled by a vote of the Advisory Body, in compliance with Article IX, Section 2, “General Conduct of Meetings.” The Chair may not make motions, but may second motions on the floor. The Chair acts as primary contact for staff and shall represent the Advisory Body before City Council whenever the Advisory Body or Council considers it necessary. The Chair and staff shall jointly set the meeting agenda.
The Chair, in consultation with staff, shall create an Annual Work Plan for the following fiscal year pursuant to the language contained in the “Work Program” section of the “Handbook for City Advisory Bodies” prepared by the City Clerk’s Office. The Chair may move that a Work Plan development subcommittee be formed, and the Work Plan shall be adopted by the full Commission by a majority vote. Such adoption ideally shall occur at a meeting prior to the onset of the City’s fiscal year which the plan coincides.
Section 9. Duties of the Vice Chair
The Vice Chair shall assume all duties of the Chair in the absence or disability of the Chair.
Section 10. Duties of the Acting Chair
In case of absence of both the Chair and the Vice Chair from any meeting, an Acting Chair shall be elected from among the members present, to serve only during the absence of the Chair and Vice Chair.
ARTICLE VII – STAFF SUPPORT
Section 1. Staff
Staff support and assistance is provided, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council.
The Director of Public Works shall designate appropriate staff to act as staff person(s) to assist and support the Advisory Body. Staff shall attend all regular and special Advisory Body meetings. Staff shall be responsible for coordination of such reports, studies, and recommendations as are necessary to assist the Advisory Body in the conduct of its business according to City Council policy and the Brown Act. Staff may enlist the assistance of other departments as required. Staff shall be responsible for all public notification regarding all regular and special Advisory Body meetings.
Staff shall record the minutes of the meetings in accordance with the guidelines established in the “Preparation of Minutes” section of the City Councilmembers' Handbook, shall supervise volunteers and interns, shall work closely with the Chair between meetings, shall make recommendations, prepare reports and proposals to the Advisory Body, may represent the Advisory Body at other meetings, presentations, and other public functions as requested, and shall perform administrative tasks.
Staff shall be responsible for the maintenance of proper records and files pertaining to Advisory Body business. Staff shall receive and record all exhibits, petitions, documents, or other materials presented to the Advisory Body in support of, or in opposition to, any question before
31.25 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 9 the Advisory Body. Staff shall sign all notices prepared in connection with Advisory Body business, shall attest to all records of actions, transmittals, and referrals as may be necessary or required by law, and shall be responsible for compliance with all Brown Act postings and noticing requirements.
Section 2. Staff Relationship to the Advisory Body
Given limited staff resources, the Chair or individual members shall not make separate requests of staff without approval of the Advisory Body. If a member has a research or report request, it shall be brought to the Advisory Body for discussion, consideration, and recommendation prior to making the request of staff. If not approved by the Advisory Body, the individual member shall be responsible for their own research or report.
Staff and the Chair shall jointly set the meeting agenda.
ARTICLE VIII – MEETINGS
Section 1. Time and Location of Meetings
The Advisory Body will hold its regular meeting on the third Monday of each month, excluding July and December. The meetings shall begin at 6:00 p.m in the City Council Chambers and will adjourn at 9:00 p.m., unless the Chair, with concurrence of the Advisory Body, extends the time of adjournment.
If the scheduled date for a regular meeting falls on a holiday, such meeting shall be rescheduled in accordance with Council policy.
Section 2. Cancellation
If a majority of the membership deems it necessary or desirable, a scheduled regular meeting may be cancelled or rescheduled upon giving notice, unless a public hearing has previously been noticed.
Section 3. Special Meetings
The Chair of the Advisory Body, staff, or a majority of the membership of the Advisory Body may call a special meeting. Notice of such meeting shall state the purpose or the business to be transacted during such special meeting. No other business may be transacted at such special meeting other than as stated in the notice. Oral Communications are not required at special meetings as long as a statement appears on the agenda identifying that there will be no Oral Communications, but that members of the public will have the opportunity to address the Advisory Body on item(s) on the agenda.
If desired by a majority of the Commission, one of the ten annual meetings may be a “project open house” meeting organized and hosted by Public Works staff, with a purpose of informing the public of current and future projects and to allow for greater public comment on such projects. The date of such open house, if desired, shall be set by the Commission when it adopts its annual Meeting Calendar.
31.26 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 10 ARTICLE IX – CONDUCT OF MEETINGS
Section 1. Compliance with the Brown Act and Council Policies All regular, special, and adjourned meetings of the Advisory Body shall be open meetings to which the public and the press shall be admitted in compliance with the Brown Act. Meetings will be held at City facilities which are accessible to persons with disabilities.
Section 2. General Conduct of Meetings
Points of order and conduct, including those not addressed by these Bylaws, shall be settled by the Chair, unless overruled by a majority vote of the Advisory Body. Points of order and conduct shall comply with the Brown Act, these Bylaws, and the City Councilmembers’ Handbook. The Chair will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting.
Section 3. How Items Are Placed on the Agenda
A request to have an item placed for consideration on a future agenda may be made by staff, any Advisory Body member or a member of the public. The Chair and staff will consider the validity (within the approved scope of work) and urgency of the request and determine when and if that item should be placed on an Advisory Body agenda. Issues can be referred to an advisory body by the City Council and may have time sensitive deadlines. The items must comply with the procedures in Article XII, Section 1, “Agenda Reports to Advisory Body.” Section 4. Quorum
A quorum of the Transportation and Public Works Commission shall consist a majority of the total number of members while there are greater than seven members. At such time that the Transportation and Public Works Commission becomes a seven-member commission, a quorum shall consist of four (4) members, whether or not there are vacancies on the Advisory Body.
Section 5. Absence of a Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by the Chair, Vice Chair, or staff.
A meeting may be declared adjourned for lack of a quorum after a 15-minute period has elapsed from the scheduled time of the start of the meeting. A meeting may also be declared adjourned in advance, if absence notifications received by staff provided for lack of a quorum. Adjournment may be declared by any member or staff.
Section 6. Agenda
The Chair and staff shall jointly set the meeting agenda and its format shall conform to the template set by Council Policy.
Section 7. Order of Business
The Chair or a majority vote of the Advisory Body may change the order of business.
31.27 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 11 ARTICLE X – MOTIONS
Section 1. Call for Motion
Upon conclusion of preliminary discussion, any member other than the Chair may place a motion on the floor. The motion shall contain the proposed action.
Section 2. Seconding a Motion
The Chair shall receive all motions and shall call for a second to each motion. The Chair may second a motion.
Section 3. Lack of a Second
If, after a reasonable time, no second has been made, the motion shall be declared dead for lack of a second, and the Chair shall state this. This shall not be considered an action of the Advisory Body and shall not be included in the minutes.
Section 4. Discussion/Debate
After a motion has been made and seconded, the Chair shall call for a discussion of the question.
All discussion shall be limited to the motion on the floor. At the close of the discussion, the Chair shall put the matter to a vote.
Section 5. Time Limits on Discussion/Debate
The Chair may, at their discretion, limit debate of any motion; except that each member shall have the opportunity to speak.
Section 6. Amending a Motion
A motion to amend may be made by any member to revise a motion on the floor; but it cannot be a freestanding motion on its own, nor can it substitute for a main motion. The motion to amend must be voted upon, unless the maker and the second accept it as a friendly amendment, and, if it passes, it then becomes part of the main motion.
Section 7. Withdrawing a Motion
Any motion may be withdrawn by the maker and the second and shall not be included in the meeting minutes.
Section 8. Motion to Table
A motion to table may be made to suspend consideration of an item that appears on a meeting agenda for reasons of urgency or to end an unproductive discussion. A motion to table is not in order when another member has the floor. A motion to table requires a second, is not debatable, is not amendable, requires a majority vote for passage, and, if adopted, cannot be reconsidered at the meeting at which it is adopted. Members will refrain from using a motion to table as a means of capriciously limiting debate among members, to suppress a minority of the Advisory Body, or to avoid public input on an agenda item under consideration by the Advisory Body.
Section 9. Results of Voting
The Chair shall state the results of each vote, e.g., “The motion passes by a vote of five to two.”
31.28 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 12 ARTICLE XI – VOTING
Section 1. Statements of Disqualification
Section 607 of the City Charter states that “...All members present at any meeting must vote unless disqualified, in which case the disqualification shall be publicly declared and a record thereof made.” No member may abstain from voting on any item, except on the approval of the minutes, when that member was absent.
The City of Santa Cruz has adopted a Conflict of Interest Code, and Section 8 of that Code states that “no person shall make or participate in a governmental decision which s/he knows or has reason to know will have a reasonably foreseeable material financial effect distinguishable from its effect on the public generally.”
Any member who has a disqualifying interest on a particular matter shall do all of the following:
1) Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required; 2) Recuse themselves from discussing and voting on the matter, or otherwise acting in violation of government code Section 87100;
3) Leave the room until after the discussion, vote, and any other disposition of the matter is concluded unless the matter has been placed on the portion of the agenda reserved for uncontested matters;
4) Notwithstanding paragraph 3, a public official may speak on the issue during the time that the general public speaks on the issue.
Any question regarding conflicts of interest shall be referred to the City Attorney.
Section 2. Voice Vote
All questions shall be resolved by voice vote. Each member shall vote “Aye” or “No” and the vote shall be so entered into the minutes, noting the vote of each member. A member may state the reasons for their vote, which reasons shall also be entered into the minutes of the meeting.
All members including the Chair shall vote on all matters, except where they have a disqualifying interest.
Section 3. Roll Call Vote
Any member may request a roll call vote, either before or immediately after a voice vote. A roll call vote shall be taken without further discussion. The Advisory Body staff shall call the roll and each member shall state their vote for the record.
Section 4. Sealed Ballot Votes
No Advisory Body shall take a sealed ballot vote in open session.
31.29 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 13 Section 5. Adoption of Motions
Adoption of a motion shall be made by a simple majority of the members present, except as otherwise provided. The Chair shall restate the vote for the record, e.g., “The motion is approved by a vote of five to two.”
Section 6. Tie Votes
Tie votes will be resolved as follows:
Statement of Disqualification: A tie vote resulting from a Statement of Disqualification of one or more members, with no members absent and no vacancies on the Advisory Body, shall constitute a defeat of the motion.
Absence: A tie vote during the absence of one or more members, or when there is a vacancy on the Advisory Body, shall cause the item to be automatically continued to the next meeting; except that, as to matters on which action must be taken on a date prior to the next meeting, a tie vote shall constitute a denial of the requested action.
Successive Tie Vote: A tie vote at the next meeting on a matter that has been continued as a result of a tie vote shall constitute a denial of the appeal or defeat of the motion.
ARTICLE XII – REPORTS
Section 1. Agenda Reports to Advisory Body
All agenda items require a written report. Written reports serve as the analysis, detail, history, and justification for each agenda item. Reports shall include recommendation(s) and background.
If a report is initiated by an Advisory Body member, a draft of that report shall be provided to staff for formatting at least 10 business days prior to the meeting. Staff shall then format reports to be consistent with content, style, and formatting of City Council agenda reports. Items initiated by a committee shall be processed in the same manner. Draft reports not submitted in a timely manner shall be placed on a future agenda.
Section 2. Committee Reports
Committee reports may be verbal or written and may be accompanied by written documentation.
Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports All recommendations adopted by the Advisory Body and addressed to the City Council shall be delivered to the Mayor as soon as possible. If the action requests City Council action, the item shall be placed on a future City Council agenda. Agenda reports to the City Council from the Advisory Body shall be written reports consistent with content, style, and formatting of City Council agenda reports.
Additionally, the agenda report shall include a section called analysis, which includes the pros, cons, and foreseeable consequences of the recommendation(s). In the event that staff and the Advisory Body disagree, an analysis of both recommendations shall be included.
ARTICLE XIII – RECORD KEEPING
Section 1. Maintenance of Records
All records shall be maintained according to the City of Santa Cruz Records Retention Schedule.
31.30 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 14 Section 2. Action Agenda
Action agendas are required for standing Advisory Bodies. An action agenda is an unofficial record of the meeting and shall consist of attendance; meeting start and adjourn times, and a brief description of actions taken. The action agenda shall be made available online within four working days of the meeting.
Section 3. Minutes
Action-only minutes will be produced for all Advisory Body meetings in the same format as that used for City Council meetings as referenced in Council Policy 5.14. Minutes, when approved by the advisory body, are the official record of the meeting and shall consist of attendance, meeting start and adjourn times, a brief description of actions taken, the motion maker and seconder of the motion; and an actual tally of the votes for all actions taken. Advisory Body members who want a particular comment included in the minutes must state “for the record” before making such comment. Minutes shall be reviewed, corrected as appropriate, and or amended and approved by the Advisory Body at a subsequent meeting. Approved minutes are a permanent document and shall be maintained in hard copy in perpetuity in addition to in electronic version.
Subcommittee reports presented orally in a meeting shall be summarized in the minutes.
Section 4. Electronic Recording of Meetings
Proceedings for all standing Brown-Act Advisory Body meetings shall be recorded on CDs or DVRs. The electronic media shall be retained for one year pursuant to the City of Santa Cruz Records Retention Schedule.
As appropriate and/or when requested by the Advisory Body or City Council, a meeting of the Advisory Body may be video recorded or televised.
Members of the public have the right to make recordings of a meeting without disrupting the proceedings under any circumstances.
ARTICLE XIV – COMMITTEES
Section 1. Ad Hoc Committees
Ad hoc committees are established by an Advisory Body to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Ad hoc committees generally serve only a limited or single purpose, are not perpetual, and are dissolved once their specific task is completed. An ad hoc committee shall be less than six months in term and shall have fewer members than a simple majority of the membership of the appointing Advisory Body. Ad hoc committees shall bring back information to the Advisory Body in either oral or written form.
Following ad hoc committee input, the Advisory Body shall then discuss, deliberate, and make recommendations on the designated issue, thereby providing the public with the opportunity to participate in the decision-making process. This shall take place in the presence of a quorum of the Advisory Body at a properly noticed public meeting.
Ad hoc committees shall not be subject to the Brown Act. City staff shall not be required to be present at ad hoc committee meetings. All ad hoc committees shall provide a final report to the Advisory Body in lieu of minutes.
31.31 Bylaws of the City of Santa Cruz Transportation and Public Works Commission Page 15 Section 2. Standing Committees
Standing committees are bodies established to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Standing committees are ongoing in nature and are created to deal with issues and make decisions on behalf of the Advisory Body. The public has a right to participate in this process. Standing committees are subject to the Brown Act and staff will provide only such support as to ensure such compliance.
Section 3. Staff Support to Committees
City staff shall normally not be required to attend or provide support for standing or ad hoc committee meetings, unless directed by the department head. All ad hoc committees shall provide a final report to the Advisory Body in lieu of minutes. All standing committees shall provide reports, no less than quarterly, to the Advisory Body.
Section 4. Appointments
The Chair of the Advisory Body may designate or solicit participation for standing and ad hoc committees.
Section 5. Committee Meetings
All standing or ad hoc committee meetings shall be held upon call of the Committee Chair.
ARTICLE XV – AMENDMENTS
A majority of the full membership of the Advisory Body may amend these bylaws, subject to the approval of the City Council.
ARTICLE XVI – ADOPTION OF BYLAWS
Immediately upon favorable vote of not less than a majority of the full membership of the Transportation and Public Works Commission of the City of Santa Cruz and approval of the City Council, these Bylaws shall be in full force and effect. Any and all previously adopted bylaws are hereby superseded.
These Bylaws shall not be considered or construed as superseding any ordinance or directive of the City Council of the City of Santa Cruz, nor shall they preclude the preparation and adoption of further procedural manuals and policies by which the Advisory Body may direct its activities.
31.32 City Council
AGENDA REPORT
DATE: 06/03/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Public Works
SUBJECT: DeLaveaga Golf Course – Roofing Repair Project (c402604) (PW) LOCATION: District 1
RECOMMENDATION: Motion to:
1) Authorize the issuance of an Invitation for Bid (IFB) for the DeLaveaga Roofing Repairs Project (c402604) and award 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 Public Works is authorized to execute change orders within the approved project budget; and 2) Approve the California Environmental Quality Act (CEQA) determination contained in this Agenda Report, including the application of the following exemptions: (1) Class 1 Categorical Exemption (14 CCR 15301) for existing facilities, and (2) Common Sense Exemption (14 CCR 15061).
BACKGROUND: The DeLaveaga Clubhouse is located at 401 Upper Park Road, Santa Cruz, CA. Within the two-story, 9,164 square foot (SF) building, operates a retail golf shop and restaurant. The structure has been damaged by water intrusion from storm events, affecting operation of the tenant spaces inside.
DISCUSSION: To maintain safety and patron expectations, the project will include demolition of portions of existing roof and structural beams, reroof installation, alterations to the rainwater collection scuppers, replacement of fascia and repairs to existing structural beams and joists. The existing roof is approximately 4,500 SF. The tenant spaces will remain in operation during construction activities. Coordination between the tenants and project staff will be ongoing for the duration of construction that is scheduled to occur during summer, 2025.
Plans and specifications can be found on the Public Works Projects Page:
www.cityofsantacruz.com/publicworksprojects
32.1 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 City’s HiAP initiative by supporting health and wellness. The work allows for the safe and successful operation of the building, offering patrons the ability to use the athletic facility and restaurant.
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 Architect’s Estimate for this project is approximately $350,000.00. Funds are available in the Public Facilities Upgrades and Repairs project (c402604) upon the start of the new fiscal year, which begins on July 1, 2025. There is no impact to the General Fund.
Prepared By:
BJ Dericco
Engineering Associate
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
None.
Plans and specifications can be found on the Public Works Projects Page:
www.cityofsantacruz.com/publicworksprojects
32.2 City Council
AGENDA REPORT
DATE: 06/03/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Public Works
SUBJECT: Escalona Drive Storm Drain Rehabilitation (c401610) – Notice of Completion (PW)
LOCATION: District 6
RECOMMENDATION: Motion to accept the work of Visionbuild Construction, LLC (Pacifica, CA) as completed per plans and specifications, authorize the filing of the Notice of Completion for the Escalona Drive Storm Drain Rehabilitation (c401610), and authorize the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
BACKGROUND: At its October 22, 2024 meeting, City Council approved the authorization to advertise and award a contract for Escalona Dr Storm Drain Rehabilitation. On December 5, 2024, proposals for an RFP were opened and reviewed by Public Works staff. On December 19, 2024, the project was awarded to lowest responsible and responsive bidder, Visionbuild Construction, LLC. Construction began on March 3, 2025, and included the installation of a new section of 12-inch diameter storm drainpipe and restoring the pavement damaged by the sinkhole on Escalona Drive near the corner of Escalona Court, as well as removing and replacing the existing Type A catch basins with Type B catch basins to handle storm runoff.
DISCUSSION: The work for this project is now complete. The project has been inspected by staff and found to be completed in accordance with the specifications.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The Escalona Drive Storm Drain Rehabilitation Project is Categorically Exempt from environmental review under the California Code of Regulations Title 14 § 15302 (c), “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansions of capacity.”
HEALTH IN ALL POLICIES (HiAP): This project promotes the following Health in All Policies Condition: Healthy Environments. The Escalona Dr Storm Drain Rehabilitation aligns with the City’s HiAP by rehabilitating critical City infrastructure by installing a new section of storm drain pipe and extending the service life of the City’s storm drain collection system. The improvement will reduce flooding and improve existing street conditions.
33.1 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 Escalona Dr Storm Drain Rehabilitation (c401610) project was completed within budget at a total construction cost of $93,109.51. There is no impact to the General Fund.
Prepared By:
Dale Cabreros
Engineering Technician
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. NOTICE OF COMPLETION.DOCX
33.2 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.
No recording fee is required pursuant to Government Code § 27383.
NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:
The undersigned is an authorized representative of the owner of the interest or estate stated below.
1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Right-of-Way
2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Escalona Drive Storm Drain Rehabilitation (c401610)
3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Rehabilitating City storm drain collections system by removing and replacing existing reinforced concrete pipe with new corrugated HDPE pipe, as . As well as removing and replacing existing Type A catch basins with Type B catch basins.
4. The general site location description or address (the “Property”) of the public improvement is located at: Escalona Ct and Escalona Dr
5. Name and Address of Contractor. The Contractor on the Project is: Visionbuild Construction, LLC 1016 Escalero Ave, Pacifica, CA 94044
6. Construction Lender. The name and address of the construction lender, if any, is: N/A
7. Date of Completion. The Project on the Property was completed on: May 21, 2025
8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, June 24, 2025
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:
City of Santa Cruz, Public Works
Attn: Dale Cabreros
WHEN RECORDED MAIL TO:
City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060
33.3 Notice of Completion (Revised Oct 2021)
VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on ____________________at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz
33.4 Notice of Completion (Revised Oct 2021)
PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Cina Seyedkazemi, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):
Direct Contractor: Visionbuild Construction, LLC
1016 Escalero Ave, Pacifica, CA 94044
☐ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on June 24, 2025, at Santa Cruz, California.
Dale Cabreros
33.5 City Council
AGENDA REPORT
DATE: 06/04/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Public Works
SUBJECT: Emergency San Lorenzo River Lagoon Culvert Repair (e602302) – Contract Ratification – Budget Adjustment (PW)
LOCATION: Districts 2 and 4
RECOMMENDATION: Motion to:
1) Ratify a contract for emergency work with Syblon Reid (Folsom, CA) for repair of the San Lorenzo River Lagoon Culvert in the amount of $222,849 and; 2) Adopt a resolution to amend the FY 2025 budget to appropriate funds in the amount of $222,849 Project (e602302) for emergency work to repair damages to the culvert system from a federally declared disaster.
BACKGROUND: On January 6, 2023, The San Lorenzo River Lagoon Culvert (Culvert) located at the mouth of the San Lorenzo River sustained significant damage because of an extreme winter storm event. Gate valves, culvert coating and an inline check valve were damaged. The extent and severity of the damage required immediate assessment and planning for corrective action to restore the functionality and integrity of the Culvert. Section 3.08.150 of the Purchasing Ordinance allows the Purchasing Manager to award a contract without competition when there is only one source for the required service. Syblon Reid was already mobilized as the contractor constructing the culvert project and was available to immediately support emergency repairs; the Purchasing Manager concurred that Syblon Reid was the only company able to provide a service for this emergency project. The repair work was included in the Federal Emergency Management Agency (FEMA) subgrant application for Santa Cruz County (DR4683-CA) DISCUSSION: The San Lorenzo River Lagoon Culvert is a flood control system designed to maintain the San Lorenzo River Lagoon (Lagoon) a consistent water level when the river is at a low flow rate and is shoaled (closed off) from the ocean. The Culvert was an active construction site at the time the damage was incurred. The construction had been temporarily paused due to seasonal constraints and high river flows during wet weather. Staff began planning emergency repairs to ensure the culvert was able to maintain a safe Lagoon level. Repairs including replacing parts to damaged valves, repainting coating on the exposed pipe and replacement of a check valve.
34.1 Repairs to the Culvert can only be made during the summer months due to the flow rates of the river. When the river flow is too high, the construction access roads scour and erode to the ocean.
Therefore, it was determined that the safest time to commence construction was when the river flow receded but not too close to expected rain events. Materials were procured in the summer of 2023 and construction was completed in phases and finished in August of 2024. There were delays in the processing of the project invoices which resulted in the span of time between finalizing the field work and resolution of the contract changes with Syblon Reid.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This project is categorically exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 15301(c)(d): Class 1 Existing Facilities. The notice of exemption will be filed with the California Office of Planning and Research and Santa Cruz County.
HEALTH IN ALL POLICIES (HiAP): This project supports the following City Health in all Policy conditions: Health and Wellness and Healthy Environments. The project minimizes flooding in the lower Ocean St. and Beach Flats neighborhoods. The Culvert system minimizes the risk and need to perform artificial breaching when the San Lorenzo River is blocked from reaching the ocean with a sandbar. In addition, the project increases habitat protection for endangered species, steelhead trout and the tidewater goby, by lowering the Lagoon salinity to improve water quality.
FISCAL IMPACT:
1. The recommendation in this report impacts the General Fund: No
2. This recommendation requires a budget adjustment: Yes
3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: Emergency funding in the amount of $222,849 for has been obligated by FEMA. The City is in the process of seeking reimbursement for expenses incurred by making these repairs. There is no impact on the General Fund.
Prepared By:
Ryan Haley
Assistant Engineer
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. BUDGET ADJUSTMENT.PDF
2. SOLE SOURCE MEMO.PDF
34.2 City of Santa Cruz
BUDGET ADJUSTMENT REQUEST
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Budget adjustment to appropriate funds for emergency repairs performed on the San Lorenzo Lagoon Culvert. A federally declared disaster caused several areas of damage to the system. The project was an active construction site at the time the damage was incurred.
The construction contractor in charge of the site was utilized to preform the repair work. 752-40-60-7501-43191 e602302-150-1150-0 FEMA disaster relief 169,500 Storms January 2023
752-40-60-7501-43227 e602302-250-2251-0 OES disaster relief 56,500 Storms January 2023
226,000
752-40-60-7501-57311 e602302-100-2020-0 Flood control and storm drainage facility 226,000 Storms January 2023
226,000
0 Christin
a Alberti
Digitally signed by
Christina Alberti
Date: 2025.04.22
11:48:31 -07'00'
Nathan N.
Nguyen
Digitally signed by
Nathan N. Nguyen
Date: 2025.06.03
11:32:35 -07'00'
Digitally signed
by Emily Burton
Date: 2025.06.05
'18:05:01 -07'00
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Digitally signed by
Elizabeth Cabell
Date: 2025.06.09
10:24:09 -07'00' 34.3
Public Works Department
809 Center Street, Room 201
Memorandum
To: File
From: Ryan Haley
Date: February 1, 2023
Re: San Lorenzo River Lagoon Culvert Emergency Repair Work Due to Damage from January 4, 2023 storm.
The series of storms occurring between January 1st and January 6th, 2023 resulted in several areas where this infrastructure was badly damaged and will require repair or replacement. Damage to the pipe system was incurred through three different hazards:
Woody debris flowing in the river, falling boulders and vegetation from the cliff above and large wave action.
Damage to the pipe system includes:
• Bent or broken gate valves
• Damage to the pipe
• Broken check valves at the outfall
This project is partially completed and the piping system is partially functional with construction expected to resume in the Spring or early Summer. The contractor building the project, Syblon Reid, was contacted to assess the damage done to the system and provide a quote to repair the damage. A quotation was given to repair all damage of $226,000. Public Works Engineering reviewed this quote and found the scope and pricing reasonable. This repair work would involve the following steps:
• Procuring, painting and coating check valves
• Procuring outlet valves
• Mobilizing equipment to the site (including a large bulldozer to provide access across the river)
• Removing all vegetation and rock debris
• Replace damaged items
• Repaint and recoat damaged pipe sections
As this is an active construction site, this contractor is uniquely qualified to provide these repairs. It would be impractical and create a liability issues to allow a third party contractor to fix items on an active construction site. Therefore, competitive bids were not solicited for this repair work.
34.4 City Council
AGENDA REPORT
DATE: 06/03/2025
AGENDA OF: 06/24/2025
DEPARTMENT: Public Works
SUBJECT: Soquel/Front and Locust Street Garage Elevator Repairs (c401509 and c402106) (PW)
LOCATION: District 4
RECOMMENDATION: Motion to:
1) Authorize the Public Works Department to issue an Invitation for Bid (IFB) for the Soquel/Front and Locust Street Garage Elevator Repairs (c401509 and c402106) and award the contract. The City Manager is hereby authorized to execute the contract in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget; and
2) Approve the California Environmental Quality Act (CEQA) determination contained in this Agenda Report. The Council’s action is exempt from CEQA review under (1) Class 1 Categorical Exemption (14 CCR 15301) for existing facilities, and (2) Common Sense Exemption (14 CCR 15061).
BACKGROUND: The hydraulic elevators in the parking structures at 601 Front Street (Soquel/Front Garage) and 1050 Cedar Street (Locust Garage) are currently non-functional and require modernization as captured in the conditions report. While out of service, the elevator unit located at 601 Front Street, was issued an Order Prohibiting Use from the California Occupational Safety and Health Administration (Cal/OSHA) in June, 2024. The Soquel/Front Garage elevator was installed by Republic Elevator in 2000, and the Locust Garage was originally manufactured and installed by Otis Elevator in 1992 and later modernized by KONE.
The City of Santa Cruz (City) Public Works Department contracted JE Sellen in July 2024 to fully establish the elevator repairs required. JE Sellen provided a thorough survey report which included the description of the existing equipment and condition of the hydraulic passenger elevators, recommendations for modernization, building and non-elevator work required, budget costs, and preliminary scheduling information.
DISCUSSION: The survey included a recommended scope of work for both elevator and nonelevator work, including a preliminary budget and recommendation that the non-elevator work be included in the project scope of work. The elevator equipment scope includes an extensive list
35.1 of replacements of obsolete equipment, that includes hydraulic power unit, hydraulic jack, controllers, signal fixtures, and door operators. The non-elevator work includes electrical, sprinklers, smoke detectors/life safety systems, and restoration of entryways.
The summary of the survey is that both elevators are in very poor condition due to water intrusion and corrosion from age. Although the elevators had contract service with elevator service providers, the report noted that there was little evidence that cleaning and preventative maintenance have been performed, and that the manufacturers/installer have long since discontinued parts and technical support, and possible lack of current technicians’ familiarity with the antiquated equipment make the elevators excellent candidates for modernization.
The project is expected to take 300 working days to complete depending on contractor availability. Impacts to the respective parking garage facilities will be minimal and the garages are expected to operate during construction.
The above motion to authorize an IFB will allow contractors to present their proposals during bidding for elevator modernization work as well as electrical, fire, and life safety modifications (a DRAFT Invitation for Bid form is available in the attachments). JE Sellen will assist in bid review and contractor selection and provide construction services acting as the Owner’s representative.
Elevator Condition Report and Specifications can be found on the City's Public Works Project page: www.cityofsantacruz.com/publicworksprojects
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 is in alignment with the City’s HiAP initiative by supporting Safe & Just Community and Stable, Affordable Housing and Shelter. The proposed work allows residents and patrons in the community access to safe, stable, and reliable elevator service through improvements to the condition of existing elevator infrastructure.
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
35.2 FISCAL IMPACT DESCRIPTION: The Consultant’s Estimate for this project is approximately $600,000.00. Funds are available in the Parking Lot Fund, Soquel/Front and Locust Street Garage Elevator Repairs (c401509 and c402106). There is no impact to the General Fund.
Prepared By:
BJ Dericco
Engineering Associate
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. DRAFT INVITATION FOR BID.DOCX
2. OUTDOOR WET ENVIRONMENT HYDRAULIC.PDF
35.3 1
PUBLIC WORKS DEPARTMENT
INVITATION FOR BIDS,
SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR
Front St. & Cedar St. Elevator Modernization Project
CITY PROJECT NO. c401509 & c402106
STATE/FEDERAL PROJECT NO.
SANTA CRUZ CITY COUNCIL
Fred Keeley, Mayor
Shebreh Kalantari-Johnson, Vice Mayor
Sandy Brown
Sonja Brunner
Renee Golder
Scott Newsome
Martine Watkins
Matt Huffaker, City Manager
Bonnie Bush, City Clerk Administrator
Anthony P. Condotti, City Attorney
Nathan Nguyen, Public Works Department Director
BID OPENING _______ __, 20__ @ __ AM/PM PACIFIC STANDARD TIME Closing time to receive bids
will be verified by the on-line clock maintained by the US Naval Observatory, found at:
https://www.usno.navy.mil/USNO/time/display-clocks/simpletime
35.4 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 2 NOTICE INVITING SEALED PROPOSALS OR BIDS
NOTICE IS HEREBY GIVEN that the City of Santa Cruz, California (the “City”), invites sealed Bids for the following “Project”:
Front St. & Cedar St. Elevator Modernization Project, c401509 & c402106
1. Date and Place of Opening Bids. Sealed bids for the construction of the Project will be received at the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060, until August 8, 2025, at 2:00PM local time in a sealed envelope plainly endorsed with the Project Name and Number, listed above. At that time, the Bids received will be publicly opened and read. Attendees will be required to wear face masks, social distance, and follow any other safety measures currently recommended by the County Public Health Officer. Bids received after the date and time stated above will be rejected as nonresponsive.
2. Location of Project. The Project is to be performed at the following locations: 601 Front St. & 1050 Cedar St., Santa Cruz, CA, 95060.
3. Description of Work. The Project to be performed consists of furnishing all labor, materials, tools, equipment, and transportation required to complete the Project, with a scope of work to generally include, but is not limited to, the following: Modernization and electrical services (i.e., electrical, fire, and life safety infrastructure improvements) of two (2) existing hydraulic passenger elevators (the “Work”). For additional information, please contact the individual listed in Paragraph 17, below.
4. Time for Completion. The Project shall be completed in 300 working days. All time limits stated herein are of the essence
5. Bidding Documents. The “Bidding Documents” shall include this Notice Inviting Bids, the Bid Form including all attachments included herein, General Requirements, Technical Specifications (including all plans, drawings, and reports), Addenda, draft Agreement, the City’s Standard Specifications (dated 2002), as amended1, the State of California’s Department of Transportation Standard Specifications (dated 2018), as amended, and all other documents identified herein.
6. Obtaining the Bidding Documents. Bidding Documents may be downloaded, without charge, from the following designated website: https://procurement.opengov.com/. Paper Bidding Documents may be examined and copies secured from the office of the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060.
Prospective bidders are urged to register with the designated website as a Bidding Documents holder, even if Bidding Documents are obtained from a source other than the designated website or City in either electronic or paper format. The designated website will 1 The City’s Standard Specifications (dated 2002) are located via the City Website at:
https://www.cityofsantacruz.com/home/showpublisheddocument?id=2467.
35.5 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 3 be updated periodically with Addenda, reports, and other information relevant to submitting a bid for the Project. All official notifications, Addenda, and other Bidding Documents will be offered only through the designated website. Neither City nor any City official, employee, or agent will be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the designated website or the City.
7. Verification of Compliance with California Air Resources Board Requirement for Certificate of Reported Compliance. For any project awarded after January 1, 2024, the California Air Resources Board (“CARB”) requires the City to obtain valid Certificates of Reported Compliance (“CRC”) from all contractors and listed subcontractors regarding in-use, off-road diesel-fueled fleets as stated in California Code of Regulations, Title 13 § 2449 et seq., before awarding the project. Non-compliant vehicles are not permitted onsite unless and until the contractor provides the City with a valid Certificate of Reported Compliance.
If in-use, off-road diesel-fueled fleets regulation is applicable to the project, the bidder must provide CARB’s Certificate of Reported Compliance (Certificate) on their behalf and their subcontractors for vehicles subject to Cal. Code Regs., Title 13 § 2449 et seq., with the bid proposal, or the bid proposal may be deemed non-responsive and may be the basis for rejection of the bid.
Bidder must provide a statement verifying whether they and their listed subcontractors comply or whether they are exempt from the regulation as part of responding to the bid.
Bidders or listed subcontractor’s claiming an exemption to CARB compliance must submit a detailed explanation signed by the bidder or listed subcontractor explaining the reason for exemption.
Bidder is solely responsible for all costs associated with compliance of all regulations imposed by CARB including, without limitation, Title 13 and all pending amendments, as well as all penalties, fines, damages, or costs associated with violations or failures to comply with these regulations.
8. Submitted Bid. Each sealed Bid shall comply with the Bidding Documents and be submitted on the Bid Form, including all attachments. Contractor must clearly and legibly set forth all information requested in the manner and form indicated.
By submitting a Bid, the Bidder represents that it has carefully examined and investigated the Project site and all Bidding Documents.
Pursuant to Public Contract Code § 20483, each Bid shall include a bid security in the form of a certified check, cashier's check, or bidder's bond made payable to the order of the City of Santa Cruz, California, for an amount not less than (10) percent of the amount of the Proposal.
The bid security shall be given as a guarantee that the successful bidder will enter into the contract, and will be declared forfeited if the successful bidder refuses or fails to enter into said contract. A bid bond form is included for use when a bond is the preferred form of security.
35.6 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 4 All bidders shall submit with its Bid the included sworn statement of its financial responsibility, technical ability, and experience. No Bid will be considered for less than all items included in the Basis of Bid and one contract will be awarded for the entire Project.
9. Addenda. All submitted Bids shall verify if the City has issued any addenda for this Project.
It is the bidder’s sole responsibility to ensure that all addenda requirements are included in the submitted Bid. All addenda shall be posted on the City’s designated website.
10. Pre-Bid Conference. A mandatory pre-bid conference will be held at the Project address, listed in Section 2, above, on July 10, 2025, at 9:00AM local time. All prospective bidders must sign in on the City-provided sign-in sheet at this conference to be eligible to bid for the Project.
11. Withdrawing Submitted Bid. A bidder may withdraw a submitted Bid at any time prior to the time of bid opening only by written request to the City. Unless otherwise required by law, no bidder may withdraw its Bid for a period of sixty (60) days after the bid opening.
12. Award of Contract. The City will award the Project to the lowest responsible and responsive bidder. The City reserves the right to reject any and all Bids, including but not limited to for any minor irregularities, or waive any informalities or minor defects in proposals received.
The City may reject a Bid if it determines that any of the bid prices are materially unbalanced to the potential detriment of the City.
Within ten (10) calendar days after receiving written notice that the contract has been awarded, the successful bidder shall return to the City the signed agreement, together with the completed Labor and Material Bond and Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price (issued by a corporate surety company approved by the City Attorney), insurance certificates, Experience Statement, Equipment Supplier List, and all other documents as required by the Bidding Documents.
13. Department of Industrial Relations Monitoring. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Prevailing wages as published by the DIR are required for all workers, including those employed by subcontractors, for all non-federally funded projects.
No contractor or subcontractor may be listed on a Bid or awarded the contract for the Project unless registered with the DIR pursuant to Labor Code section 1725.5 and 1771.1.
Refer to the DIR website, http://www.dir.ca.gov, to register and to find the correct wage rates and answers to questions related to prevailing wage requirements.
14. Federal Monitoring. – This Project is also subject to, but not limited to, Disadvantaged Business Enterprise good faith efforts, Davis-Bacon and California prevailing wage rates, American Iron and Steel requirements, the Contract Work Hours and Safety Standards Act, the Clean Air Act (42 U.S.C. 7401-7671) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended, and the Byrd Anti-Lobbying Amendment.
15. Licenses. Bidders and their proposed subcontractors shall hold such licenses as may be required by the laws of the State of California for the performance of the Work. The Contractor is required to ensure that all subcontractors listed in the Bid Form and working
35.7 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 5 on this Project hold valid licenses and certifications suitable for their trade. Bidder is required to provide with its Bid satisfactory proof of licensure to the City.
Bidders bidding as the Prime Contractor shall possess a valid California Contractor’s C-11 license at the time of bid submittal, and all listed subcontractors shall hold valid licenses suitable for their trade at the time of bid submittal. Failure to possess required licenses at the time of bid submittal may render the bid non-responsive and shall act as a bar to award of the contract to the bidder and shall result in a forfeiture of the bid security.
Bidder and all subcontractors shall maintain the required licenses throughout the entire Project until the City issues a Notice of Completion.
16. Retention. Progress payments are subject to 5% retention withholding until thirty-five (35) calendar days after recording the notice of completion. Pursuant to California Public Contract Code Section 22300, for monies earned by the General Contractor and withheld by the City to ensure the performance of the Contract. The General Contractor, may, at its option, choose to substitute securities meeting the requirements of California Public Contract Code Section 22300, or have the retained, earned monies deposited in an escrow account at a federal or state-chartered bank.
17. Business License. All Contractors and subcontractors working in the City must have a valid City of Santa Cruz business license at the time the contract is awarded, pursuant to Santa Cruz Municipal Code (SCMC) Chapter 5.04.
18. Good Faith Local Hiring and Apprenticeships. The General Contractor and all Subcontractors must make good faith efforts to hire qualified individuals who are residents of Santa Cruz County as required by SCMC Chapter 3.10, and to employ apprentices who are enrolled and participate in a viable apprenticeship program approved by the California Division of Apprenticeship Standards.
19. Questions for City. All questions relative to this Project prior to the opening of Bids shall be in writing and received a minimum of five (5) working days prior to the above-stated Bid opening date and shall be directed to:
City of Santa Cruz, Public Works Department
809 Center Street, Room 201, Santa Cruz, California 95060 BJ Dericco
Engineering Associate
Email: [email protected]
Tel.: 831-420-5519
This Advertisement is issued by the City of Santa Cruz, California.
Dated: June 17, 2025
______________________
BJ Dericco
Engineering Associate
35.8 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 6 Public Works Department
809 Center Street, Rm. 201
Santa Cruz, CA 95060
35.9 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 7 BID FORM
For
Front St. & Cedar St. Elevator Modernization Project c401509 & c402106 TO: The Council of the City of Santa Cruz
PROPOSAL OF:
Business Address:
Business Telephone:
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement, in the form specified in the Contract Documents, with the City of Santa Cruz (“City”) to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the Bidding Documents.
The undersigned Bidder understands that any or all quantities of work shown herein are approximate only and are subject to increase or decrease, and offers to do the work whether the quantities are increased or decreased at the unit prices as stated in the following tabulation. The undersigned Bidder agrees to take in full payment for the work, including all applicable state and local taxes, the amount shown on the bid sheet.
Please note closing time to receive bids will be verified according to local telephone company time.
IT IS UNDERSTOOD THAT THIS BID IS BASED UPON COMPLETION OF THE WORK AS SPECIFIED IN THE SPECIAL PROVISIONS WITHIN 300 WORKING
DAYS, AND THE PRICES INCLUDE ALL STATE, FEDERAL, AND OTHER TAXES APPLICABLE TO THE PROJECT.
The undersigned Bidder agrees to do any extra work, not covered by the above schedule of price, which may be ordered by the City, and to accept as full compensation therefore, such prices as may be agreed upon in writing by the City and the Contractor in accordance with the “Measurement and Payment” Section of the Standard Specifications.
If awarded the contract, the undersigned Bidder hereby agrees to submit the following documents to the City within ten (10) business days of the Notice of Award: a signed Agreement, executed bonds (including Faithful Performance Bond and Payment Bond), proper evidence of insurance, Experience Statement, and any other forms or documents identified in the Bidding Documents and Notice of Award. The undersigned Bidder further agrees to begin work within ten (10) days after receiving the Notice to Proceed.
After due investigation, the undersigned Bidder hereby agrees that the City will promptly notify the apparent low bidder in writing of any reasonable objection to any such proposed person included in the Experience Statement and Equipment Supplier List and will request the apparent low bidder to submit an acceptable substitute without an increase in Bid price, as further specified in the General Conditions, incorporated herein.
35.10 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 8 The undersigned Bidder has carefully examined the form of the Agreement, the Standard Specifications, the Plans and Special Provisions for the project hereinbefore described and referred to in the “Invitation to Bidders” inviting proposals for Front St. & Cedar St. Elevator Modernization Project and also the site of the work and will provide all necessary machinery, tools apparatus and other means of construction, and do all the work and furnish all materials required by said Specifications and Plans and Special Provisions in the manner described therein.
No bid will be considered for less than all items of this schedule and one contract will be awarded for the entire Project.
The undersigned has carefully checked the bid prices, and all computations involved in the preparation of this bid, and understands that the City of Santa Cruz will not be responsible for any errors or omissions on the part of the undersigned in making up this bid.
This Bid is made with a full knowledge of the kind, quantities, and quality of the work and of materials, equipment, and plans required. This proposal is also made after a complete, careful, and independent examination and investigation of the site of the work, local conditions affecting the same, and materials to be encountered.
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number Addendum Date
The Bidder furthermore agrees that in case of its default in executing said Agreement with necessary bonds, the check or bond accompanying this Bid and money payable will become and remain the property of the City of Santa Cruz.
Enclosed is Bidder’s bond, certified check, or cashier’s check no. of the Bank for $ which is not less than 10 percent of the Bid submitted by the undersigned, payable to the City of Santa Cruz, California, and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.
It is understood and agreed that the City may reject any or all proposals, or waive any informalities or minor defects in proposals received.
It is agreed that this bid may not be withdrawn over a period of sixty (60) days from the opening thereof.
Bidder submits the following complete and executed documents herewith to form a complete Bid:
1. Bid Form
2. Basis of Bid
3. Bid Bond (if used as security)
4. List of Subcontractors Form
35.11 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 9 5. DIR Compliance Affidavit
6. Contractor Reference Information
7. Non-Collusion Declaration
8. Bidder’s Financial Qualification Form
9. CARB Requirement for Certificate of Reported Compliance Note: Bidders should not add any conditions or qualifying statement to this bid as otherwise the bid may be declared irregular as being not responsive to the Advertisement for Bids.
The undersigned declares under penalty of perjury that the information contained in this Bid and all accompanying documents are true and correct. A notary acknowledgment is required.
Dated: Firm Name:
Official Address: Phone:
Email Address:
By: Title:
State Contractor’s License No.:
DIR Registration No.:
Signature of Bidder:
35.12 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 10 BID FORM
1.1 All communications and bids to be submitted electronically.
A. Base bid is for performance of elevator trade work as prime contractor, engagement, supervision and facilitation of electrical and fire/life safety work (by other trades), and related costs for modernization of the elevators including but not limited to:
1. All design criteria and specifications as noted in subsequent sections.
2. All labor based on normal straight time hours except where overtime labor is typically required for changeover of electrical services, fire/life safety testing, lobby risers, and other tasks normally performed on overtime.
3. Labor costs of standby for electrical work within the elevator hoist way or pit and which require operation of elevators by the bidder’s personnel.
4. Cab Interiors Upgrades – By allowance.
5. Overtime labor required for hoisting, delivering and positioning of equipment, including all expenses and subcontractors.
6. Electrical work required for installation of the elevators from disconnect switches and junction boxes.
7. All electrical work including disconnects, GFCI outlets, machine room and pit lighting.
8. Fire Life Safety controls, devices and software upgrades.
B. Base bid shall exclude:
1. Maintenance
Bidder acknowledges receipt of the following Addendums to the Construction Documents issued:___________________________________________________ Base Bid: Amount:
1. Modernize 601 Front Street Elevator
2. Elevator Electrical & FLS Scope 601 Front Street
3. Modernize 1050 Cedar Street Elevator
4. Elevator Electrical & FLS Scope 1050 Cedar Street
Grand Total (line 1 - 4)
Alternates: Amount:
5. Cab Finishes Allowance (2 Elevators) $100,000
35.13 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 11 Maintenance:
Interim Maintenance: Include all costs required to perform elevator preventive maintenance and callback services in accordance with Section 14 01 20. Costs for Interim Maintenance will be paid monthly at fixed rate for the duration of the project. No modification or adjustment of the monthly interim maintenance costs will be made.
Warranty Maintenance: Include all costs required to perform elevator preventive maintenance and callback services in accordance with Section 14 01 20. Costs for Warranty Maintenance will be paid monthly for the duration of the 12-month Warranty period.
Optional 3-year Maintenance Contract: Include all costs required to perform elevator preventive maintenance and callback services in accordance with Section 14 01 20. Firm monthly price to be effective at the end of the Warranty Maintenance period. Escalation at the end of each year of the contract shall be allowed in accordance with Section 14 01 20 but in no event shall exceed 5% of the current price.
All Maintenance work shall be per the Section 14 01 20 included in the Construction Documents.
6. Interim Maintenance – Both Elevators /month
7. Warranty Maintenance – Both Elevators /month
8. Contractual Maintenance – Both Elevators /month
Unit Labor Pricing
The following hourly unit prices will be used to determine additional compensation for required overtime labor or changes in scope. Unit labor costs to include all fringe benefits, insurance, overhead, and mark-up.
Modernization
Mechanic Crew
9. Overtime – Contract work (Premium portion only) /hr. /hr.
10.. Straight Time – Added work /hr. /hr.
11. Overtime – Added work /hr. /hr.
Maintenance
Mechanic Crew
12. Straight Time /hr. /hr.
13. Overtime (1.7 x) /hr. N/A
14. Overtime (2x) /hr. /hr.
35.14 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 12 Schedule From Award
15. Shop Drawings – Incl. field surveys and engineering (weeks)
16. Review and approval by Consultant and Owner 3 weeks
17. Manufacturing and Delivery (weeks)
18. Duration: Award to Mobilization (weeks)
19. Pre-Installation Demo & Electrical Work (weeks)
20. Modernize 601 Front St. (weeks)
21. Modernize 1050 Cedar St. (weeks)
22. Not Used
23. Total Duration
24. Earliest on-site based on contract by 8/1/25
`
Subcontractors and Major Suppliers
25. Controllers
26. Hydraulic Power Units
27. Door Operators and equipment
28. Signal Fixtures
29. Roller Guides
30. Door Protection
31. Other Subcontractor
(Indicate trade/scope)
END OF SECTION 00 41 13
35.15 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 13 Bid Bond
(If Bond Posted as Security)
KNOW ALL PERSONS BY THESE PRESENT:
THAT WE, , AS PRINCIPAL,
AND , a corporation organized and existing
under and by virtue of the laws of the State of and an admitted surety insurer by the California State Department of Insurance, AS SURETY, are held and firmly bound unto the City of Santa Cruz in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Santa Cruz for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Santa Cruz to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $___________________________________.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the Principal has submitted the above-mentioned bid to the City of Santa Cruz, aforesaid, for certain construction specifically described as follows
For:
Front St. & Cedar St. Elevator Modernization Project, c401509 & c402106 NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract, in the prescribed form, in accordance with the bid, and files the certificate of insurance and two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _________day of____________, 20 ___.
PRINCIPAL SURETY
__________________________________ (Seal) (Seal)
__________________________________
Signature Signature
__________________________________
Title Title
__________________________________
Address Address
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)
35.16 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 14 ACKNOWLEDGMENT
State of California )
County of _____________________ )
On before me, ,
(insert name and title of the officer)
personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
35.17 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 15 List of Subcontractors Form
Name of Bidder:
Project Name/Number: _____________________________
Bidder will use Subcontractors for the Work: □ YES □ NO For each subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent, Bidder shall indicate on this form each proposed subcontractor’s legal/contracting entity name, business address and phone number, the Contractor’s State Licensing Board license number, the public works contractor registration number issued pursuant to California Labor Code Section 1725.5, the dollar amount and proportion (in percent) of the Work of each Subcontractor (of any tier) to whom a portion of the Work will be awarded via one or more subcontracts, and the work to be performed by the subcontractor.
Subcontractor’s
Legal Name
Business
Address and
Phone
Number
CSLB
License
Number
Public
Works
Contractor
DIR
Number
Subcontract
Amount and
Proportion
of Total Bid
Price
Work to Be
Performed
(Attach additional sheets, if necessary)
35.18 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 16 DIR COMPLIANCE AFFIDAVIT
Name of Bidder:
Project Name/Number:
California Labor Code requires private contractors, and their subcontractors, to pay prevailing wages to their workers when working on a project funded by a public entity. Prevailing wages are due if the project costs more than $1,000, and involves the following construction work: new construction, alteration, demolition, installation, repair and maintenance. Contractors must also make an attempt to hire apprentices when the total project costs exceed $30,000.
Prior to commencement of the Contract, all Contractors and subcontractors are required to register, and maintain active registration throughout the duration of the contract with the California Department of Industrial Relations (DIR). For information regarding registration, please go to https://www.dir.ca.gov/Public-Works/PublicWorks.html.
• No contractor or subcontractor may be listed on a bid proposal for a public works project (effective March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (effective April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.
• DIR registration is required each fiscal year (July 1 – June 30).
I, the Bidder, certify that:
I acknowledge that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. I am aware of the provisions of Senate Bill SB 854 and Labor Code sections 1725.5, 1771.1(a), 1774-1776, 1777.5, 1813, and 1815 which require Contractors to comply with all labor compliance requirements, including but not limited to, prevailing wage requirements, Public Works Contractor Registration Program, Electronic Certified Payroll Reporting, and other requirements described in the DIR website. I will comply with such provisions before commencing the performance of the work of this contract, and maintain compliance throughout the completion of said contract.
Signature Date
Print Name Title
35.19 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 17 Contractor Reference Information
Name of Bidder:
Project Name/Number:
Failure to provide this information may constitute grounds for rejection of the bid.
The Bidder has been engaged in the contracting business under State License No.(s) for a period of years.
A. Bidder’s Project Experience
The following are five owners for whom the Bidder has constructed projects of similar scope and complexity to the Project. Such projects will have been completed within the past five years. At least one (1) of the below-listed projects shall involve the modernization, replacement, upgrade, or the installation of elevators.
The City may conduct reasonable investigations and reference checks of Bidder, proposed Subcontractors, Suppliers, key personnel and other persons and organizations as City deems necessary to assist in its evaluation of the Bid and to establish the Bidder’s responsibility and record of safe performance on projects.
1. Name, Address, Phone No:
Project Description:
Start Date:
Planned Completion Date:
Date Completed:
Bidder’s Role: Check One: ▢ General Contractor ▢ Subcontractor Contract Amount: $
Change Order Amount: $
2. Name, Address, Phone No:
Project Description:
Start Date:
Planned Completion Date:
Date Completed:
Bidder’s Role: Check One: ▢ General Contractor ▢ Subcontractor Contract Amount: $
Change Order Amount: $
3. Name, Address, Phone No:
35.20 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 18 Project Description:
Start Date:
Planned Completion Date:
Date Completed:
Bidder’s Role: Check One: ▢ General Contractor ▢ Subcontractor Contract Amount: $
Change Order Amount: $
4. Name, Address, Phone No:
Project Description:
Start Date:
Planned Completion Date:
Date Completed:
Bidder’s Role: Check One: ▢ General Contractor ▢ Subcontractor Contract Amount: $
Change Order Amount: $
5. Name, Address, Phone No:
Project Description:
Start Date:
Planned Completion Date:
Date Completed:
Bidder’s Role: Check One: ▢ General Contractor ▢ Subcontractor Contract Amount: $
Change Order Amount: $
B. Unsatisfactory Performance, OSHA Violations, & Failure to Complete Work List all contracts during the past 10 years for which the Bidder, or a member of the Bidder’s organization, received an unsatisfactory performance rating, was cited for OSHA violations, or failed to complete the work.
1. Name, Address, Phone No:
Project Description:
Explanation of Violation:
35.21 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 19 2. Name, Address, Phone No:
Project Description:
Explanation of Violation:
(Add lines if necessary)
35.22 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 20 Non-Collusion Declaration
(Pursuant to Section 7106 of the Public Contract Code)
Name of Bidder:
Project Name/Number:
The undersigned declares:
I am the of , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 20__, at [City], , [State].
(Signature)
35.23 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 21 Bidder’s Financial Qualification
Name of Bidder:
Project Name/Number:
Reference is hereby made to the following bank or banks as to the financial responsibility of the Bidder:
Name of Bank Address/Phone Number/Contact Name & Title
Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the Bidder:
Company:
Address:
Company:
Address:
I certify that Bidder is financially and technically capable of performing and has the necessary experience to perform the work of the contract.
I declare under penalty of perjury that the foregoing is true and correct. This certificate is executed on ______________[date], at ______________[city], ______________[state].
BIDDER
Name:
Title:
35.24 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 22 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the Bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder □ has / □ has not (check one) been convicted, within the preceding three (3) years of any offenses referred to in that Section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any State or Federal antitrust law in connection with the bidding upon, award of, or performance of any public works contract (as defined in Public Contract Code Section 1101) with any public entity (as defined in Public Contract Code Section 1100). The term “Bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
NOTE:The Bidder must place a check mark before “has” or “has not” in one of the boxes provided.
The above statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BIDDER: ____________________________
Name:
Title:
Date:
35.25 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 23 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete under penalty of perjury the following Questionnaire:
1. Has the Bidder or any officer or employee of Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law or a safety regulation? Please check one of the below:
□ YES □ NO
If the answer is “yes”, explain the circumstance.
BIDDER
Name: ______
Title: ______
Date: ______
35.26 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 24 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Bidder hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Questionnaire and Statement are part of the Proposal. Signing the Proposal on the signature portion thereof shall also constitute signature of this Questionnaire and Statement.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BIDDER: _________________________________
Name: ____
Title: ____
Date: ____
35.27 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 25 Verification of Compliance with
CALIFORNIA AIR RESOURCES BOARD (CARB) REQUIREMENT FOR
CERTIFICATE OF REPORTED COMPLIANCE
Re: In-Use Off-Road Diesel-Fueled Fleets Regulation
(Cal Code Regs., Title 13 § 2449 et seq.) effective 1/1/2024 1a) Check below if contractor or subcontractor will use on the project, any of the following offroad heavy duty diesel-powered vehicles subject to Cal Code Regs., Title 13 § 2449 et seq:
□ Work Over Rigs, as defined in Cal Code Regs., Title 13 §2449(c)(72), □ Engines with two-engine cranes, which contain an auxiliary engine ≥ 50 bhp, as defined in Cal Code Regs., Title 13 §2449(c)(66),
□ Two engine water-well drilling rigs, which contain an auxiliary engine ≥ 50 bhp, as defined in Cal Code Regs., Title 13 §2449(c)(68), or
□ Engines of two-engine vehicles that are designed to be driven on/off road and contain an auxiliary engine ≥ 50 bhp, as defined in Cal Code Regs., Title 13 §2449(c)(67) – (e.g., Boom Trucks, Concrete Mixers, Concrete Pump Trucks, Vacuum Pump Trucks, Guardrail Fence Installers)
OR
1b)
□ No vehicles subject to Cal Code Regs., Title 13 § 2449 et seq. apply to the project. [If this box is checked, proceed to the end and Sign the Verification below.] 2a) If any box is checked in number 1(a), did you or your subcontractor register any vehicles that qualify as In-Use Off-road Diesel-fueled Fleets, with the California Air Resources Board (CARB)?
□YES □NO
2b) If you checked “No” to number 2, then explain reason:
Exempt: □ Emergency Operations
□ Renewable Diesel Exemptions
(based on fleet engine type or weather restrictions)
□ Unavailability of Renewable Diesel
□ Other: ____________________________________________
3a) If you checked “Yes” to number 2, then submit with the bid response, a CARB Certificate of Reported Compliance (Certificate) for the applicable vehicles owned or operated by you or your subcontractor to show compliance with Cal Code Regs., Title 13 § 2449 et seq.
35.28 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 26 [Visit the CARB website to get a CARB Certificate online: arb.ca.gov/offroadzone]:
CARB Certificate Attached with Bid: □YES □NO
3b) If you checked “No” to number 3, then explain reason:
_________________________________________________________________________ ______________________________________.
4) Non-Compliance is Non-responsive.
a. Unless otherwise exempt or not applicable as indicated above, the bid proposal must include a CARB Certificate of Reported Compliance (Certificate) for vehicles subject to Cal. Code Regs., Title 13 § 2449 et seq., with the bid proposal or the bid proposal may be deemed non-responsive.
b. Unless otherwise exempt or not applicable as indicated above, bid responder further agrees to comply with the requirements of Cal. Code Regs., Title 13 § 2449(j), including but not limited to:
Allowing only off-duty diesel vehicles with valid Certificates to be used at the contractor’s job sites,
Reporting to CARB within five business days of such discovery, if the contractor discovers a fleet or vehicles that are subject to this regulation at the job site does not have a valid Certificate or observes noncompliant fleets or vehicles operating on their job site:
https://calepacomplaints.secure.force.com/complaints/Complaint, or email [email protected], or
Displaying a sign that provides key information about the regulation and how to report noncompliance. The sign must be posted where vehicles subject to this regulation will operate for eight or more calendar days; the sign must be posted by the eighth calendar day from when the first vehicle operates.
Verification
1. The undersigned states that the statements made herein are true and correct and made under penalty of perjury.
2. Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, employees, agents, and authorized volunteers free and harmless from any claims, liabilities, costs, penalties, or interest arising out of failure to comply with the above stated CARB requirement.
3. The undersigned acknowledges that the undersigned is authorized to sign on behalf of the bid responder and the statement(s) made herein is/are legally binding on the bid responder, their representatives, agents, and successors.
4. A scanned, electronic, or other copy of a party’s signature shall be legally valid as an original. _________________________/_______________________/__________________/__________ (Print Name of Contractor) (Signature) (Business Name) (Date)
35.29 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 27 Iran Contracting Act Certification
California Public Contract Code §§ 2202 – 2208
(If Bid For More than $1,000,000)
Name of Bidder:
Project Name/Number:
Bidders are ineligible to bid on or submit a bid for any contract with a public entity for goods or services of one million dollars ($1,000,000) or more if the Bidder engages in investment activities in Iran (Public Contract Code § 2204). For bids $1,000,000 or more, Bidders must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contracting Act Certification attached and submitted with their Bid. Failure to do so may deem the Bid nonresponsive. To submit a bid for this Project, please check one of the two options and complete the declaration, below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination, and a three-year ineligibility to bid on contracts. (Public Contract Code § 2205). □ Option 1: Certification
I, the official named below, certify that I am duly authorized to execute this certification on behalf of the vendor listed below, and the vendor identified below is not on the current list of persons engaged in investment activities in Iran created by the Department of General Services (DGS) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor or person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. □ Option 2: Exemption
Pursuant to PCC Sections 2203(c) and (d), a public entity may permit a vendor engaged in investment activities in Iran, on a case-by-case basis, to be eligible for or to bid on, submit a proposal for, or enter into or renew a contract for goods and services. Vendor has obtained an exemption from the certification requirement under the Iran Contracting Act and attaches documentation herein demonstrating the exemption approval.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Certificate is executed on ______________[date], at ______________[city], ______________[state].
BIDDER
Name:
Title:
35.30 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 28 AGREEMENT
THIS AGREEMENT, made and entered into this ________day of ______________, 20___ (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and _________________________________, hereinafter called “Contractor.”” City and Contractor are also referred to individually as a “Party” or collectively, as the “Parties.”
WITNESSETH, that the Parties hereto do mutually agree as follows:
ARTICLE I
That for and in consideration of the covenants and agreements herein contained and the payments at the prices stated in the bid proposal attached hereto, and by this reference made a part hereof, the Contractor hereby covenants and agrees to furnish any and all required supervision, labor, equipment, material, services, and transportation, as set forth in the Contract Documents as hereinafter defined, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified, and to build, construct, reconstruct, pave or repave and complete improvements for:
FRONT ST. & CEDAR ST. ELEVATOR MODERNIZATION PROJECT
(the “Project”) in strict conformity and compliance with the Contract Documents, and to do everything required by this Agreement, and by said Contract Documents as hereinafter defined (the “Work”).
ARTICLE II
It is expressly agreed and understood by each and every party to this Agreement that the following documents are hereby incorporated and made a part of this Agreement (hereinafter the “Contract Documents”):
1. All applicable Laws and Regulations
2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City, in chronological order by effective date of each.
3. This Agreement, including:
a. Exhibit A – Contractor’s Bid Proposal, including all attachments
4. Labor and Material Bond (Payment Bond)
5. Performance Bond
6. Maintenance Bond (if required)
7. Insurance Certificates, including Contractor’s Certificate Relating to Worker’s Compensation
8. Good Faith Effort Statement for Local Hire
9. Local Hiring Statement
10. Invitation For Bids for Front St. & Cedar St. Elevator Modernization Project, c401509 & c402106, including the Project Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance
11. General Conditions
35.31 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 29 12. Standard Specifications, including the City Specifications and all applicable State Specifications and/or Drawings
The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.
ARTICLE III
It is expressly agreed and understood by the Contractor that the “Standard Specifications” consists of the documents on file at the Public Works Department of the City of Santa Cruz, entitled:
1. City of Santa Cruz Department of Public Works, Department of Parks and Recreation, and Water Department 2002 Standard Specifications (“City Specifications”); Where conflicts arise between the City’s Standard Specifications and the State Specifications, the City’s Standard Specifications shall control and apply.
ARTICLE IV
Contractor shall conform to all laws and regulations of the United States and the State of California, as well as laws of Santa Cruz, as may be applicable to the Project. In addition, the City Council of the City of Santa Cruz endorses the MacBride Principles and the Peace Charter and encourages all companies doing business in Northern Ireland to abide by the MacBride Principles.
ARTICLE V
The City hereby contracts to pay Contractor a maximum not to exceed value of $ ( ), at the prices provided for in the Bid Proposal in the manner, to the extent, and at the times set forth in the Contract Documents. Contractor shall not undertake any work beyond the scope of work set forth in Exhibit A unless such additional work is approved in advance and in writing by City in the form of a change order.
ARTICLE VI
It is agreed by the parties hereto that the acceptance of the Contractor's performance will be made only by an affirmative action of the City of Santa Cruz City Council in session, evidenced by resolution, and upon the filing by the Contractor of a Release of all Claims of every nature on account of work done under this Agreement, together with an affidavit that all claims have been fully paid.
The acceptance by the Contractor of said final payment shall constitute a waiver of all claims against the City arising out of or in connection with this Agreement.
35.32 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 30 ARTICLE VII
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and its respective officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands, liabilities, losses, damages, expenses, including attorneys’ fees and costs of litigation (collectively, “Losses”), arising from personal or bodily injuries, death, property damage, or otherwise in any way related to, connected with, or resulting from the obligations or performance of the Work under this Agreement by Contractor, subcontractors, and their respective officers, directors, employees, agents, or other third parties directly or indirectly employed by or under the authority or control of Contractor or subcontractors. This provision shall not be deemed to require the Contractor to indemnify or hold harmless an Indemnitee for any Loss proximately caused by the sole or active negligence or willful misconduct of the Indemnitee, as determined by a court or other adjudicatory body of competent jurisdiction.
Contractor acknowledges and agrees that Contractor’s obligation to defend the City and the other Indemnitees arises at the time such Losses is tendered to Contractor by the Indemnitees and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction. This provision shall survive the termination of the Agreement or the completion of the Work.
This indemnification clause supersedes any other indemnification clauses contained in any other Contract Documents.
ARTICLE VIII
“Article Intentionally Omitted”
ARTICLE IX
General Terms
1. Complete Agreement. This Agreement, along with the terms and conditions in the Contract Documents and any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
2. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
3. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
4. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
5. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
35.33 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 31 6. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
7. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
Signature Page to Follow
35.34 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 32 IN WITNESS WHEREOF, this Agreement is executed by the City Manager of the City of Santa Cruz, under and pursuant to a resolution of the City Council authorizing such execution, and the Contractor has affixed his/her signature hereto the day and year first hereinabove written.
Technical Review by:
Date:
Kevin Crossley, Assistant Director/City Engineer
Approved as to Form by:
Date:
Office of the City Attorney
For Contractor Name:
Signature: Date:
(Name, Title)
For CITY OF SANTA CRUZ, a municipal corporation
Date:
Matt Huffaker, City Manager
35.35 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 33 LABOR AND MATERIAL BOND
WHEREAS, as the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), has awarded to hereinafter designated as the “Principal”, a contract for constructing the work or improvement described in the contract documents entitled: Front St. & Cedar St.
Elevator Modernization Project, adopted by the City Council of the City , 20___ and
WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and WHEREAS, the said Principal is about to enter into the annexed contract with the City to complete the work or improvement referred to above for the City, all as more particularly and in detail shown upon the Contract Documents filed in the Office of the City Clerk of the City:
NOW, THEREFORE, we, the Principal, and , a
corporation organized and existing under and by virtue of the laws of the State of , and an admitted surety insurer by the California State Department of Insurance, as “Surety”, are held and firmly bound unto the City of Santa Cruz in the sum of dollars ($ ), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City of Santa Cruz, for payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, administrators, executors, successors and assign jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, vendor supplies, or equipment as provided in the contract documents, upon, for, or about the performance of the work contracted to be done, or for any work or waiver thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or fails to pay any of the persons authorized under Civil Code Section 9100 to assert a claim against a payment bond, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal or his/her subcontractor pursuant to Section 18806 of the Revenue and Taxation Code, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the principal and all subcontractors with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, will pay, in addition to the face amount hereof, a reasonable attorney's fee, to be fixed by the Court.
The condition of this obligation is such that its terms inure to the benefit of any of the persons and entities authorized in Civil Code Section 9100 to assert a claim against a payment bond so as to give a right of action to such persons or entities or their assigns in any suit brought upon or action to enforce liability on the bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder shall in any manner affect its obligation upon this bond, and it does hereby explicitly waive notice of
35.36 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 34 any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.
IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this day of , 20_____, and duly signed by its undersigned
representative, pursuant to the authority of its governing body.
PRINCIPAL:
Firm name:
Printed name:
Signature: Date:
Title:
SURETY:
Firm name:
Printed name:
Signature: Date:
Title:
I hereby approve the form of the within bond.
City Attorney Date
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)
35.37 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 35 FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), and
hereinafter designated as “Principal” have entered into an agreement whereby Principal agrees to install and complete the work or improvement described in the contract documents entitled: FRONT ST. & CEDAR ST. ELEVATOR MODERNIZATION PROJECT, adopted by the City Council of the City on , 2025; and WHEREAS, said Principal is about to enter into the annexed agreement with the City as is required to furnish security for the faithful performance of said Agreement.
NOW, THEREFORE, we, the Principal, and , a corporation
organized and existing under and by virtue of the laws of the State of , as “Surety”, are held and firmly bound unto the City, in the sum of ($ ), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City, for payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns, by these presents; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors, or assigns will in all things abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and will indemnify and save harmless the City, its officers and agents, and employees, as therein stipulated, then this obligation will become null and void, otherwise it will be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there will be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City.
As a condition precedent to the satisfactory completion of the said contract, an obligation in the amount of ($ ), being not less than ten percent (10%) of the estimated contract cost, will remain in force for a period of one (1) year after the official acceptance of said work, during which time if the Principal, its heirs, executors, administrators, successors or assigns will fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of ($ ), will remain in full force and effect, otherwise the obligation will be discharged.
However, notwithstanding any other provisions of this paragraph, the obligation for the surety hereunder will continue so long as any obligation of the Principal remains.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the
35.38 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 36 specifications will in any manner affect this obligation upon this bond, and it does hereby explicitly waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work to be performed thereunder, or to the specifications, and it further explicitly hereby waives its rights under California Civil Code § 2819.
IN WITNESS WHEREOF, the parties have executed this instrument under their seals this day of , 20___, and duly signed by its undersigned representative, pursuant to the authority of its governing body.
PRINCIPAL:
Firm name:
Printed name:
Signature: Date:
Title:
SURETY:
Firm name:
Printed name:
Signature: Date:
Title:
I hereby approve the form of the within bond.
City Attorney Date
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)
35.39 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 37 MAINTENANCE BOND
WHEREAS, the City of Santa Cruz, a municipal corporation, in the County of Santa Cruz, State of California (the “City”), has awarded to _______________________, hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:
FRONT ST. & CEDAR ST. ELEVATOR MODERNIZATION PROJECT
adopted by the City Council of the City on the __ day of , 20__, and, WHEREAS, said Principal is about to enter into the annexed contract with the City.
NOW, THEREFORE, we, the Principal, and ____________________________________, a corporation organized and existing under and by virtue of the laws of the State of California, as “Surety”, are held and firmly bound unto the City, in the sum of dollars ($____________) being not less than ten percent (10%) of the estimated contract costs of the work, to be paid to the City, for the payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns; NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his/her heirs, executors, administrators, successors, or assigns shall in all things abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as herein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and shall indemnify and save harmless the City, its officers and agents as therein stipulated, that this obligation shall be discharged, otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the amount of dollars dollars ($_________), being not less than ten percent (10%) of the estimated contract cost, shall remain in force for a period of one (1) year after the completion and acceptance of the said work, during which time if the Principal, his/her or its heirs, executors, administrators, successors or assigns shall fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of dollars ($_________), shall remain in full force and effect, otherwise the obligation shall be discharged.
However, notwithstanding any other provisions of this paragraph, the obligation of the surety hereunder shall continue so long as any obligation of the Principal remains.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the Contract Documents shall in any way effect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work or to the specifications, and the surety does hereby waive its rights under California Civil Code Section 2819.
35.40 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 38 IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this day of , 20_____, and duly signed by its undersigned
representative, pursuant to the authority of its governing body.
PRINCIPAL:
Firm name:
Printed name:
Signature: Date:
Title:
SURETY:
Firm name:
Printed name:
Signature: Date:
Title:
I hereby approve the form of the within bond.
City Attorney Date
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)
35.41 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 39 Experience Statement
Within ten (10) working days after the date of the City's notification of the lowest Bidder, the apparent low Bidder and any other Bidder so requested shall submit sufficient information on completed Experience Statement forms (Section 00 49 12), and additional sheets as necessary, to demonstrate to the satisfaction of the City the qualifications and experience of the key personnel and Subcontractors identified below. Submit a separate Experience Statement for each key person and Subcontractor identified below:
1. Project Manager: The ''Project Manager'' is the individual responsible for managing the overall contract for the work to be performed. The Project Manager shall demonstrate a minimum of years documented experience managing projects and have successfully complete at least two (2) projects of similar scope and complexity in the last five (5) years that required a minimum of subcontractor trade coordination. a. At least one (1) of these projects shall have a minimum contract value of $100,000 with a minimum of three (3) subcontracted trades. b. At least one (1) of these project shall involve construction on public property owned by a local city, county or state.
c. Management experience shall include but not limited to managing project schedule, budget and subcontractors
2. Superintendent: The ''Superintendent'' is the individual responsible for supervising the construction work to be performed. The Project Superintendent shall demonstrate a minimum of ten (10) years of documented experience serving as the superintendent for construction projects and have successfully completed at least three (3) projects that include similar scope and complexity in the last eight (8) years. a. At least one (1) of these projects shall have a minimum contract value of $100,000 with a minimum of subcontracted trades.
b. At least one (1) of these project shall involve construction on public property owned by a local city, county or state.
3. Elevator Subcontractor: The “Elevator Subcontractor” is responsible to furnish and install the elevator and related parts. The Elevator Subcontractor shall possess a C-11 license and shall have completed a minimum of three projects of similar scope and complexity in the last 5 years.
a. The Elevator Subcontractor shall, at a minimum occupy an office within fifty (50) miles of the project site and directly employ no fewer than three (3) qualified, State-licensed service mechanics whose primary residence is within fifty (50) miles of the project site.
35.42 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 40 Equipment Suppliers List
Within ten (10) working days after the date of the City's notification of the lowest Bidder, the apparent low Bidder and any other Bidder so requested shall submit the following information on the Equipment Suppliers List, and additional sheets and attachments as necessary, to demonstrate, to the satisfaction of the City, Bidder's understanding of the complexities of the Work. The City's receipt and review of this information neither constitutes the City's acceptance of Bidder's proposed manufacturers and Suppliers, nor waives the submittal or other requirements of the Contract Documents. Please list the suppliers and subcontracting installers for items 1-7. Be sure to indicate the trade/scope.
Subcontractors and Major Suppliers
1. Controllers
2. Hydraulic Power Units
3. Door Operators and equipment
4. Signal Fixtures
5. Roller Guides
6. Door Protection
7. Other Subcontractor
(Indicate trade/scope)
35.43 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 41 Contractor’s Certificate Relating to Worker’s Compensation I, THE UNDERSIGNED, HEREBY CERTIFY that at all times during the performance of any work under contract with the City of Santa Cruz (check one of the following) for FRONT ST. & CEDAR ST. ELEVATOR MODERNIZATION PROJECT:
□ I have and will maintain in full force and effect Workers’ Compensation Insurance, as required by Section 3700 of the Labor Code, for the performance of the Work. My Workers’ Compensation insurance carrier and policy number are:
Insurance Carrier:
Policy Number:
□ I have and will maintain in full force and effect and have attached hereto a Certificate of Consent to Self-Insure issued by the Director of Industrial Relations, as provided for by Section 3700 of the Labor Code, for the performance of the Work.
I declare under penalty of perjury that the foregoing is true and correct and executed on , 20 at , California.
CONTRACTOR
Name:
Title:
35.44 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 42 Good Faith Effort Statement for Local Hire
In conformance with Chapter 3.10 of the Municipal Code, each Contractor and subcontractor shall complete and submit this Statement following Award of Contract and prior to issuance of the Notice to Proceed.
Project Title:
Name and Title of Person Completing Statement:
Name of Contractor or Subcontractor:
Date Statement Completed:
Address:
Contractor (or Subcontractor) estimates that fifty percent (50%) or more of its workforce for this project meets the local hire requirements of this contract: Yes No* *If no, complete the following table:
Name & Address of Local
Recruitment Source
Date of Recruitment
Contact
Person Contacted & Phone
#
Trade & Classification
# of Hire Referrals
Requested
# of Local Hire(s) Made as
Result of Contact
Name & Address of Local
Hire(s), as a Result of
Contact
(Additional Sheets May Be Attached As Needed)
35.45 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 43 Local Hiring
Prevailing wage statements shall be deemed acceptable documentation to accurately record hiring information required to comply with Chapter 3.10 of the Municipal Code pertaining to Local Hiring.
However, the following information shall accompany the prevailing wage statements:
For pay period ending ____________________________
I. For each employee, complete residency compliance by marking the appropriate box.
Employee
a. Resident of the County of
Santa Cruz for at least one year
preceding date of Award of
Contract, or
b. A member of a Building Trade
Journeyman, or Building Trade
Apprentice program whose
organization has jurisdiction over
all or part of Santa Cruz County.
1 Yes No Yes No
2 Yes No Yes No
3 Yes No Yes No
4 Yes No Yes No
5 Yes No Yes No
6 Yes No Yes No
7 Yes No Yes No
Apprentice
Yes No Yes No
DUPLICATE AS NECESSARY
II. Calculate total weekly project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________% III. Calculate cumulative total project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________%
35.46 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 44 GENERAL CONDITIONS
1. Failure to Execute Contract
Failure of the lowest responsible and responsive bidder to execute the Contract and provide all acceptable bonds and documents as required by the Contract Documents as provided herein within ten (10) calendar days after such bidder has received the Contract for execution shall be just cause for the annulment of the award and the forfeiture of the bid security. This period of time shall be subject to extension for such further period as may be agreed upon in writing between the City and Bidder concerned.
2. Contractor's Insurance
Contractor will procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its/his agents, representatives, employees or subcontractors.
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
Certificate(s) will show current policy number(s) and effective dates, Coverage and policy limits will meet, or exceed, requirements below, The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
Certificate will be signed by an authorized representative, An endorsement will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by Consultant. Coverage will be at least as broad as:
COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $2,000,000
AGGREGATE
Proof of coverage for $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos
35.47 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 45 (Code 9), per accident for bodily injury and property damage. WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability CONTRACTORS POLLUTION LIABILITY and/or ASBESTOS POLLUTION LIABILITY (CPL) (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate.
1. If the services involve lead-based paint or asbestos identification / remediation, the Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
2. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering hazardous materials to be transported by Contractor pursuant to the Agreement. This coverage may also be provided on the Contractors Pollution Liability policy.
BUILDER’S RISK (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
C. OTHER INSURANCE PROVISIONS
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
The insurance policies are to comply with the following provisions:
35.48 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 46 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL, [Contractors Pollution Liability,] and automobile insurance (if transporting hazardous materials policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it.
NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.
The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:
35.49 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 47 VII, unless otherwise acceptable to the City.
CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL,CPL, and automobile Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
D. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.
3. Claims
A. Definition of “Claim”.
All provisions of California Public Contract Code Section 9204 are incorporated into and form an integral part of the Contract Documents for this Project. The City and Contractor shall comply with California Public Contract Code Section 9204 when applicable.
As used herein, the term “Claim” means a separate written demand or assertion by Contractor sent by registered mail or certified mail, with return receipt requested, for one or more of the following arising out of or related to the Contract Documents or the performance of the Work: (A) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under the Contract; (B) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise
35.50 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 48 expressly provided or to which the claimant is not otherwise entitled; (C) payment of an amount that is disputed by the City, as defined in Public Contract Code Section 9204(c).
A Claim does not include, and the procedures for processing of Contractor Claims do not apply to the following:
(i) Claims respecting penalties for forfeitures prescribed by statute or regulation which a government agency is specifically authorized to administer, settle, or determine (other than penalties for delay assessed by the City under the Contract). (ii) Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. (iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by City after final payment by City to Contractor. (v) Claims respecting stop notices.
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.
B. Time Period for Submission of Claim.
If a Claim involves an adjustment to the Contract Sum or to the Contract Time due to Extra Work, then the Claim arises upon issuance of a decision denying, in whole or in part, Contractor’s Change Order Request. All other Claims arise when Contractor discovers, or should have discovered, the circumstances giving rise to the Claim (even if Contractor has not yet been damaged or delayed).
A Claim that does not involve an adjustment to the Contract Sum or Contract Time for Extra Work may be asserted if, and only if, Contractor gives written notice of intent to file the Claim to the City within five (5) calendar days of the date the Claim arises. A written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any, with respect to Contractor’s entitlement to an adjustment of the Contract Sum or Contract Time, and complies with the requirements of Section 3(C), below.
All Claims and supporting documentation and certifications must be filed as soon as possible, but no later than thirty (30) calendar days after the Claim arises. No Claims shall be filed after the final payment has been issued unless otherwise permitted by law.
C. Reasonable Documentation.
The Claim must include the following:
(i) A statement that it is a Claim and a request for a decision on the Claim; (ii) A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of Work effected and reasonable documentation to support the Claim; (iii) A certification, executed by each Subcontractor claiming not less than 5% of the total monetary amount sought by the Claim, that the Subcontractor’s portion of the Claim is filed in good faith.
35.51 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 49 (iv) If the Claim involves an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a Change Order Request was submitted in a timely manner as required by the Contract Documents. If the Claim does not involve an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a notice of intent to file the Claim was submitted in a timely manner as required by the Contract Documents.
(v) A detailed justification for any remedy or relief sought by the Claim, including, without limitation:
a. A detailed cost breakdown in the form required for submittal of Change Order Requests, including an estimate of the costs incurred or to be incurred. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices, and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time of Claim submittal, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred.
b. Copies of actual job cost records demonstrating that the costs have been incurred. c. If the Claim is based on an error, omission, conflict, or ambiguity in the Contract Documents: (1) a sworn statement by Contractor and any Subcontractors or Subsubcontractors involved in the Claim, to the effect that the error, omission, conflict, or ambiguity was not discovered prior to submission of the Bid, or (2) if not discovered, a statement demonstrating that the error, omission, conflict, or ambiguity could not have been discovered by Contractor, its Subcontractors or Subsubcontractors in exercise of the degree of care required of them under the Contract Documents for review of the Bid Documents prior to submission of the Bid. (vi) If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents.
(vii) A written certification signed by a responsible managing officer of Contractor’s organization, who has the authority to sign subcontracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form:
“I hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of (Contractor’s name) and that I have reviewed the Claim presented herewith on Contractor’s behalf and/or on behalf of (Subcontractor's/Subsubcontractor’s name(s)) and that the following statements are true and correct. a. The facts alleged in or that form the basis for the Claim are true and accurate. b. The Claim is submitted in good faith.
c. The Change Order Request was timely submitted, as required by the Contract Documents.
d. Contractor does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading.
35.52 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 50 e. Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor or Sub-subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim.
f. Contractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and /or such Subcontractor or Sub-subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and.
g. Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.
Signature: ___________________________
Name: ______________________________
Title: _______________________________
Company: ___________________________
Date: _______________________________
D. Assertion of Claims.
(i) Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow, or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents.
(ii) All Claims and supporting documentation must be sent to the City by registered mail or certified mail with return receipt requested.
(iii) Strict compliance with these requirements is conditions precedent to Contractor’s right to an informal conference to meet and confer to resolve a Claim, mediate a Claim, or arbitrate or litigate a Claim. The failure of Contractor to strictly comply with the requirements of this Section constitutes a failure by Contractor to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim.
(iv) There shall be no waiver of any of the rights set forth in California Public Contract Code Section 9204; provided, however, that (i) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (ii) the City may prescribe reasonable Change Order, Claim, and Dispute Resolution Procedures
35.53 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 51 and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise the timeframes and procedures set forth in Public Contract Code Section 9204.
(v) The City’s right to commence the Contract dispute resolution process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the dispute. Nothing herein shall preclude the City from asserting disputes in response to a Claim asserted by Contractor.
E. Decision of City on Claims.
(i) Pursuant to Public Contracting Code section 9204(d), upon receipt of a Claim, the City shall conduct a reasonable review of the claim and, within 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of the Claim, the Owner’s Representative, City, and Contractor may, by mutual agreement, extend the time period provided in this Section.
If City determines that additional supporting data are necessary to fully evaluate a Claim, City will request such additional supporting data in writing. Such data shall be furnished by Contractor to City no later than 10 days after the date of such request. Any payment due to Contractor by City on an undisputed portion of the Claim shall be processed and made within 60 days after the written statement is issued.
(ii) If the City needs approval from its governing body to provide the Contractor with a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the forty-five (45) days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the forty-five (45) day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(iii)Failure by the City to respond to a Claim from Contractor within the time periods described in this Section 3 and California Public Contract Code Section 9204 or to otherwise meet the time requirements shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Article 4.2 and California Public Contract Code Section 9204, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor. (iv)Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (v) Amounts not paid in a timely manner as required by this Section shall bear interest at 7 percent per annum, pursuant to Public Contracting Code section 9204(d)(4). (vi)If a subcontractor or a lower tier subcontractor lacks standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or a lower tier subcontractor. A subcontractor may
35.54 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 52 request in writing, either on its own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which has been performed by the subcontractor or lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting the Claim be presented to the City shall furnish reasonable documentation supporting the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the Claim to the City and, if the Contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so.
F. Meet and Confer Conference.
If the Contractor disputes the City's written response, or if the City fails to respond to a Claim issued pursuant to Section 3(E) within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
G. Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, specified in Section 3(F), if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.
(ii) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation, or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii)Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
H. Arbitration and Litigation.
(i) In the event mediation does not resolve the parties' dispute, the parties shall comply with the Arbitration provisions set forth in Public Contract Code Sections 10240 – 1024.13.
35.55 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 53 (ii) Unless the City and Contractor otherwise agree in writing, the arbitration decision shall be binding upon the parties, made under and in accordance with the laws of the State of California, supported by substantial evidence, and in writing. If the total of all Claims or cross Claims submitted to arbitration is in excess of $50,000, the award shall contain the basis for the decision, findings of fact, and conclusions of law. Any arbitration award shall be subject to confirmation, vacation, or correction under the procedures and on the grounds specified in the California Code of Civil Procedure including without limitation Section 1296. The expenses and fees of the arbitrators and the administrative fees of the AAA shall be divided among the parties equally. Each party shall pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. (iii)The City may, but is not required, to assert as a counterclaim any matter arising out of the claims asserted by Contractor in the arbitration. City’s failure to assert any such counterclaim in an arbitration shall be without prejudice to the City’s right to assert the counterclaim in litigation or other proceeding.
(iv)Any litigation shall be filed in the Superior Court of the State of California for the County of Santa Cruz.
I. Waiver.
A waiver of or failure by the City to enforce any requirement in this Section 3 in connection with any Claim shall not constitute a waiver of and shall not preclude the City from enforcing such requirements in connection with any other Claims.
The Contractor agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order.
4. Time of Completion
Attention is directed to the provisions in Section 8 (Commencement of Work, Time of Completion and Liquidated Damages) of the Standard Specifications and these General Conditions.
The Contractor shall promptly start the work and diligently prosecute the work to completion before the expiration of 300 working days after the date of the Notice to Proceed.
Full compensation for any additional costs occasioned by compliance with the provisions in this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefore.
5. Failure to Complete the Work on Time (Liquidated Damages) All time limits stated in the Contract Documents are of the essence. If the work is not completed by Contractor in the time specified in the Contract Documents, or within any period of extension authorized in writing by the City, it is understood that City will suffer damage; and it being impracticable and infeasible to determine the amount of actual damage, it is agreed that Contractor
35.56 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 54 will pay the City, as fixed and liquidated damages, and not as a penalty, the sum of SIXTHOUSAND-SEVEN-HUNDRED ($6,700) dollars for each calendar day of delay until the work is completed and accepted, and Contractor and his/her surety will be liable for the amount thereof; provided, however, that Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor.
Contractor shall, within ten (10) days from the beginning of any such delay, notify City in writing of the cause of the delay; whereupon City shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in its judgment, the findings of fact justify such an extension. City's finding of fact thereon shall be final and conclusive on the parties hereto.
6. Existing Facilities
Prospective bidders shall visit the work site and determine for themselves the existing conditions at the Project site, including location of utilities. The Contractor shall take precaution so as to avoid damaging existing public facilities and private improvements.
In accordance with California Government Code Section 4215, the City assumes the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified in the plans and specifications made a part of the invitation for bids. The City will compensate the Contractor for the costs of locating, repairing damage not due to the Contractor’s failure to exercise reasonable care, and removing or relocating existing main or trunk line utility facilities located at the Project site and not identified with reasonable accuracy in plans and specifications made a part of the invitation for bids. The City will also compensate the Contractor for the cost of equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the City’s or utility owner’s failure to provide for removal or relocation of such main or trunk line utility facilities.
Nothing in this provision or the Contract Documents will be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Work site can be inferred from the presence of other visible facilities, such as buildings, meter, and junction boxes, on or adjacent to the Project site; provided, however, that nothing in this provision or the Contract Documents shall relieve the City from identifying main or trunk lines in the plans and specifications made a part of the invitation for bids.
Nothing in this provision or the Contract Documents will preclude the City from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility.
Nothing in this provision or the Contract Documents will be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities.
35.57 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 55 If the Contractor while performing the Work discovers utility facilities not identified by the City in the plans and specifications made a part of the invitation for bids, the Contractor must immediately notify the City and utility in writing.
Either the City or the utility, whichever owns existing main or trunk line utility facilities located on the Work site, shall have sole discretion to effect repairs or relocation work or to permit the Contractor to perform such repairs or relocation work at a reasonable price The Contractor will be required to work around public utility facilities that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed, and (s)he will be held liable to the owners of such facilities for any damage or interference with service resulting from his/her operations.
The exact locations of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage or interfere with service resulting from his/her operations. It shall be the Contractor’s responsibility to notify public utilities that (s)he is working in the vicinity of their facilities.
Other forces may be engaged in moving or reconstructing utility facilities or maintaining service of utility facilities, and the Contractor shall cooperate with such forces and conduct his/her operation in such a manner as to avoid unnecessary delay or hindrance to the work being performed by such other forces.
The City owns, operates, and maintains its own water distribution and sewer collection systems and will cooperate with the Contractor insofar as it is reasonable and practicable. Water, as required for City projects, may be obtained at City-owned fire hydrants provided that application is made to the Water Department and permission obtained with provision for payment.
Full compensation for conforming to the requirements of this article, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor.
All underground utilities including but not limited to water service, sewer laterals, electrical service, and gas service broken or disturbed by the Contractor’s crew will be replaced or repaired by the Contractor or Utility Company at the Contractor’s expense.
The Contractor shall consult with utilities and notify them of any relocation or protection in sufficient time to allow the utilities to perform the work in a complete and orderly manner.
7. Water Pollution Control Program (WPCP) and/or Storm Water Pollution Prevention Program (SWPPP)
Water pollution control work and storm water pollution prevention work shall conform to Chapter 4 of the Best Management Practices Manual for the City’s Storm Water Management Program available on the City of Santa Cruz website at:
35.58 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 56 http://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices.
The Contractor shall take all necessary precautions to prevent any leakage or sewage spills of any kind onto adjacent property, public or private roadway, drainage systems, and waterways. The Contractor shall be liable for any and all clean-up costs or any fines that may be levied including those by the Regional Water Quality Control Board (RWCQB) against the City, in the event that such leakage or spill occurs. The Contractor shall also be responsible for reporting any and all spill to the appropriate regulatory agencies, including the RWCQB and the Santa Cruz County Health Department.
Full compensation for conforming to the requirements of “WATER POLLUTION CONTROL” including furnishing all labor, materials, equipment, tools, and incidentals shall be included in the various bid item prices and no additional compensation will be allowed.
8. Maintenance and Clean-Up
Throughout the construction period, the Contractor shall keep the Project site in a neat and clean condition, shall dispose of any surplus materials in an approved manner off the site, and maintain proper housekeeping practices to the satisfaction of the Engineer.
When any material is to be disposed of outside of the easement or street or highway right-of-way, the Contractor shall first obtain written permission from the owner on whose property the disposal is to be made. Disposal must conform to grading ordinance of the jurisdiction in which the Work is performed. Location of disposal sites shall be submitted to the Engineer for review and subject to his/her approval.
Upon completion of the Work, and prior to requesting final inspection, the Contractor shall thoroughly clean the site of the Work of all rubbish, excess materials, falsework, temporary structures, and equipment, and all portions of the Work shall be left in a neat and orderly condition.
The final inspection, acceptance, and final payment will not be made until this has been accomplished.
9. State of California Department of Transportation Standard Specifications All Work under the Contract shall conform to the applicable requirements of the most recent published State of California Department of Transportation Standard Specifications. Said State Specifications are to be considered an integral part of the specifications for all purposes related to this Contract.
Definitions of terms not defined in City Standard Specifications shall be as defined in the 2018 State Standard Specifications, available at:
https://dot.ca.gov/-/media/dot-media/programs/design/documents/f00203402018stdspecsa11y.pdf.
10. Notification of Project Commencement
The Contractor shall notify the City Engineer at least five (5) business days prior to mobilizing to the Project site.
35.59 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 57 11. Project Schedule
The Contractor shall prepare a project schedule and submit it to the Engineer for his/her review and approval five (5) days prior to the beginning of the Work. Work shall be conducted between the hours of 8 AM and 5 PM, Monday to Friday, except with the permission of the Director, except in case of any emergency.
12. Progress and Final Payment
Progress and final payments will be made in accordance with Section 9 of the Standard Specifications, except as herein modified.
Payments are made every two weeks by the City Finance Department. The Contractor may receive partial payments only once for any month. A listing of payment cut-off dates is available upon request.
13. Extra Work
Extra work shall conform to the provisions in Section 9 of the California Standard Specifications and to these General Provisions.
Any alleged extra work or delays shall be given in writing within 24 hours of any occurrence to the Project Engineer or Inspector. The Contractor shall submit to the Project Engineer or Inspector an extra work report for each day the extra work is performed. The report shall be submitted prior to the start of work the following day. The report shall include: (1) a description of the extra work; (2) the quantity, classification, and working hours of the extra work labor force; (3) the type of equipment, code number, and hours of operation of the equipment towards extra work; and (4) the quantity and type of materials used for extra work.
14. Local Hiring Compliance Forms
The Contractor, and all subcontractors, must comply with the local hiring provisions of Chapter
3.10 of the Municipal Code of the City of Santa Cruz, which is incorporated into these Contract Documents by reference. Chapter 3.10 specifically requires City Contractors and subcontractors to make good faith efforts to hire qualified individuals who are local residents, as workers on City public works projects of estimated value of greater than the formal bid limit, unless prohibited by State or Federal laws or regulations.
The Contractor and all listed subcontractors must complete and submit to the City, after the Award of Contract and prior to the issuance of the Notice to Proceed, the form entitled, “Good Faith Effort Statement for Local Hire,” as contained in the Contract Documents.
The Contractor must also complete and submit to the City, on a weekly basis, documentation of local hiring. The certified payroll documents required by the Department of Industrial Relations will be deemed acceptable documentation if the certified payroll documents are accompanied by the form included in the Contract Documents or if certified payroll documents are modified to include the information therein.
35.60 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 58 15. Apprentice Hiring Records and Compliance Forms
City apprentice requirements do not apply to projects less than one hundred thousand dollars ($100,000) in value.
The Contractor, and all subcontractors, must comply with the apprentice hiring provisions of Chapter 3.10 of the Municipal Code of the City of Santa Cruz, which is incorporated into these Contract Documents by reference. Chapter 3.10 specifically requires each City Contractor or subcontractor to make a good faith effort to hire an apprentice on the Project who is enrolled in a viable apprentice program. Viable apprenticeship programs are listed on the Division of Apprenticeship Standards (DAS) web site (select Santa Cruz County):
http://www.dir.ca.gov/databases/das/pwaddrstart.asp. The apprenticeship requirement will apply for each apprenticeable craft in which the Contractor employs workers in performing any of the work under the Contract. Attention is also directed to State Labor Code Sections 1777.5 and 1777.6 and California Apprenticeship Council regulations concerning the employment of apprentices by the Contractor or subcontractor.
Chapter 3.10 further requires the maintenance of documents demonstrating that the Contractor has requested an apprentice from a minimum of two viable apprenticeship programs after the Contractor is awarded the Contract and prior to commencing work. Failure to comply with any of the provisions of Chapter 3.10, including the maintenance of the records, will be deemed a breach of the Contract or subcontract and may result in the Contractor or subcontractor being declared “non-responsible” by the City and ineligible for the award of future City contracts. In addition, State Labor Code 1777.5 provides for penalties of up to one hundred dollars ($100) a day for noncompliance.
If the Contractor is exempted from the apprentice requirement according to the exemptions described in State Labor Code 1777.5, the Contractor must notify the City in writing of their exemption prior to commencing work and explain the exemption in detail.
Unless exempted, the Contactor will, prior to commencing Work, submit to the City and the appropriate apprenticeship program, a DAS Form 140. The Contractor will submit a copy of the Request for Dispatch of Apprentice Form to the City as evidence that an apprentice was requested.
A Request for Dispatch of Apprentice Form is provided in Section 4 of these Special Provisions.
The request for an apprentice will be made at least two (2) working days before the date on which one or more apprentices are required. These forms are available from the DAS web site (http://www.dir.ca.gov/das/PublicWorksForms.htm ).
16. Trenching Requirements
“Section Intentionally Omitted”
17. Third Party Claims
35.61 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 59 Both parties shall timely notify the other of the receipt of any third-party claim relating to the Contract or Project. The City shall be entitled to recover its reasonable costs incurred in providing such notice.
18. Force Majeure
Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder, or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Contract.
19. Contractor Not an Agent
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Contract to bind City to any obligation whatsoever.
20. Conflicts of Interest
Contractor owes City a duty of undivided loyalty in performing the Work and services under this Contract. Contractor covenants (on behalf of Contractor and its employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Contract.
Contractor acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Contractor will immediately advise City if Contractor learns of a conflicting financial interest of Contractor during the term of this Contract.
21. City Property
Unless otherwise provided herein, Contractor agrees that all copyrights which arise from creation of Project-related documents and materials pursuant to this Agreement shall be vested in the City and Contractor waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Contract shall be confidential, not to be used by the Contractor on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.
22. Equal Employment Opportunity/Non-Discrimination Policies City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition,
35.62 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 60 sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. Contractor must comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Contractor is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Contractor’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at
http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.
23. Termination
A. City May Terminate for Cause
The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:
- Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); - Failure of Contractor to perform or otherwise comply with a term of the Contract Documents;
- Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or Contractor’s repeated disregard of the authority of City or Engineer.
If one or more of the events identified above occurs, then after giving Contractor (and any surety) at least fourteen (14) calendar days’ written notice of City’s intent to terminate the Contract, City may proceed to:
- declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and
- enforce the rights available to City under any applicable performance bond.
Subject to the terms and operation of any applicable performance bond, if City has terminated the Contract for cause, City may exclude Contractor from the Site, take possession of the Work and all materials and equipment stored at the Site for which City has paid Contractor, including materials and equipment stored elsewhere, and complete the Work as City may deem expedient.
City may proceed with termination of the Contract under this Section, unless Contractor within seven (7) days of the date of the notice of intent to terminate begins to correct Contractor’s failure to perform and proceeds diligently to cure such failure.
If the contract is terminated as provided herein, Contractor shall not be entitled to receive any further payment. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City
35.63 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 61 within thirty (30) calendar days of City’s invoice to Contractor. Such claims, costs, losses, and damages incurred by City will be reviewed as to reasonableness. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the Work performed.
Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by City will not release Contractor from liability.
B. City May Terminate for Convenience
Upon fourteen (14) calendar days’ written notice to Contractor, the City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. In such case, Contractor shall submit a claim for payment including required certifications as required in the Contract Documents within six (6) months of the effective date of termination. Subject to verification to City’s satisfaction, Contractor will be eligible to be paid for (without duplication of any items):
- completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination;
- expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work; and
- other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.
City shall not be liable for costs incurred by Contractor, or any Subcontractor or supplier, after receipt of a notice of termination.
City shall deduct from Contractor any advance payments made to Contractor related to the terminated portion of the Contract Documents, any claim which City may have against Contractor in connection with the Contract Documents, and any other applicable costs.
C. Contractor May Stop Work or Terminate
If, through no act or fault of Contractor, or Subcontractor, or any employee or agent of Contractor or any Subcontractor, (1) the Work is suspended for more than 180 consecutive days by City or under an order of court or other public authority, or (2) the City fails to act on an application for payment within 30 days after it is submitted by Contractor, or (3) City fails for sixty (60) calendar days to pay Contractor any undisputed sum finally determined to be due, then Contractor may, upon thirty (30) days’ written notice to City, and provided City does not remedy such suspension or failure to cure within fourteen (14) days of the default, terminate the contract and recover payment for Work actually performed.
In lieu of terminating the Contract and without prejudice to any other right or remedy, if City has failed to act on an application for payment by Contractor within thirty (30) days after it is submitted, or City has failed for sixty (60) days to pay Contractor any undisputed sum finally
35.64 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 62 determined to be due, Contractor may, fourteen (14) days after written notice to City, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.
24. Experience Statement
Within ten (10) calendar days after receiving written notice that the contract has been awarded, the apparent low bidder shall return to the City the Experience Statement included in the Invitation for Bids packet. After due investigation, the City will promptly notify the apparent low bidder of any reasonable objection to any such proposed person proposed in the Experience Statement and request an acceptable substitute without an increase in Bid price.
If the apparent low bidder declines or fails to make such substitution within ten (10) working days from the date of the City’s request, the City may proceed to award the Contract to the responsible Bidder who submitted the next lowest responsive Bid and proposes to use acceptable persons.
Declining to make requested substitutions may constitute, as determined by the City at its sole discretion, Bidder’s refusal to enter into the Contract and result in forfeiture of the Bid Security of such Bidder.
Any person listed for whom the City does not make a written objection before award of the Contract will be deemed acceptable to the City, subject to revocation of such acceptance after the effective date of the Agreement as provided herein.
No acceptance by the City of any such person shall constitute a waiver of the right of the City to reject defective work.
In the event that the Contractor seeks to substitute a key team member during the performance of the contract, the Contractor shall submit, at least 7 days prior to engaging the person, an Experience Statement to the City in the same manner as described above for the City's review and acceptance.
The substitution is subject to the approval of the City Representative based upon qualifying experience on similar projects. Failure to obtain the City's acceptance shall not constitute a cause for delay. In addition, the City may exercise its right to stop the Work under until such time as the Contractor engages persons possessing skills and qualifications acceptable to the City.
25. Equipment Suppliers List
Within ten (10) calendar days after receiving written notice that the contract has been awarded, the apparent low bidder shall return to the City the Equipment Suppliers List included in the Invitation for Bids packet, and additional sheets and attachments as necessary, to demonstrate, to the satisfaction of the City, bidder’s understanding of the complexities of the Project.
The City’s receipt and review of this information neither constitutes the City’s acceptance of Bidder’s proposed manufacturers and suppliers, nor waves the submittal or other requirements of the Contract Documents.
35.65 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 63 [End of Section]
35.66 Front St. & Cedar St. Elevator Modernization Project PROJECT NO. c401509 & c402106 64 TECHNICAL SPECIFICATIONS
35.67 Landing Door Hardware -
Covered at all except Top Floor