Agenda packet — Santa Cruz City Council, October 13, 2026 (part 2 of 4)

as part of the Fiscal Impact Analysis, an analysis of the costs to the City for providing facilities and services to the area of the District. It is estimated that, at Year 20 of the District lifetime (assumed stabilized buildout of District area), annual costs to the City will be approximately $20.3 million to service the area of the District.
g. An analysis of the projected fiscal impact of the district and the associated development upon each affected taxing entity. Appendix D to this IFP includes an analysis of the projected fiscal impact of the District and the associated development upon the City, as the only affected taxing entity that is contributing tax increment revenues to the District. It is estimated that, at Year 20 of the District lifetime, the District area will generate an annual net fiscal surplus of approximately $1.86 million to the City.
h. A plan for financing any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of that district and qualifies for the Transit Priority Project Program, pursuant to Section 65470, including any permit and affordable housing expenses related to the project. At this time, the PFA does not intend to finance any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of the District and qualifies for the Transit Priority Project Program, pursuant to Section 65470.
e) If any dwelling units within the territory of the district are proposed to be removed or destroyed in the course of public works construction within the area of the district or private development within the area of the district that is subject to a written agreement with the district or that is financed in whole or in part by the district, a plan providing for replacement of those units and relocation of those persons or families consistent with the requirements of Section 53398.56. It is not known at this time whether any housing units will be removed as a result of any project identified in this IFP. However, if any relocation of dwelling units is deemed to be required in the future for a project financed by the District, the PFA will comply with the requirements of Government Code Section 53398.56.
f) The goals the district proposes to achieve for each project financed pursuant to Section 53398.52. Section 7 of this IFP summarizes the goals of each project to be financed by the District.

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2.0 Description of the Proposed District
The Santa Cruz EIFD encompasses approximately 543 acres of land, representing approximately 5% of the total land area within the City. The Santa Cruz EIFD includes the Santa Cruz Downtown Plan Expansion Area, several mixed-use corridors, and various other housing and blended-use development opportunity sites within the City that stand to benefit from catalytic infrastructure improvements with communitywide and regional benefit. Appendix A includes a map of the proposed District, and Appendix B is a legal description of the District.

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3.0 Description of Proposed Facilities
and Development

3.1 Anticipated Future Private Development
Anticipated future private development is summarized in Table 1 below, anticipated to occur across the Santa Cruz Downtown Plan Expansion Area and other development opportunity sites as identified on the map in Appendix A. Buildout and absorption of these land uses are forecasted in the first 10 to 20 years of the District lifetime.

Table 1: Anticipated Future Private Development
Development Type # SF / Units AV Per SF / Unit Estimated AV at Buildout (2025$)
Residential (Rental) 2,382 units $500K per unit $1.191 billion Residential (For Sale) 79 units $900K per unit $71 million Residential (Affordable) 675 units Tax-exempt $0
Hotel 401 rooms $500K per room $201 million
Commercial / Retail / Office 75,115 SF $375 PSF $28 million Industrial / Flex 126,445 SF $200 PSF $25 million
Estimated Total $1.516 billion

3.2 Public Facilities to be Financed with Assistance from the Santa Cruz EIFD The PFA intends to utilize the District to contribute approximately $89 million (in present value dollars) of funding to infrastructure and affordable housing projects of communitywide and regional significance over the District lifetime. This is equivalent to approximately $217 million in nominal dollars (i.e., not accounting for inflation). Table 2 outlines an estimate of anticipated EIFD budget allocation over the District’s lifetime.

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Table 2: Estimated EIFD Funding Allocation
#

PROJECT
(within City of Santa Cruz with tangible benefit
to properties within EIFD)

ESTIMATED

ALLOCATION
(present-value)

ESTIMATED
TIMING
1 Affordable housing
$89,000,000 2026-2076
2 Housing-supportive infrastructure Downtown
and in the Downtown Expansion Area (e.g.,
utility capacity enhancement)
3 Housing-supportive infrastructure along other
key corridors within the City (e.g., Soquel,
Mission, Ocean)
4 Library improvements
5 Recreational and entertainment infrastructure
and facilities Downtown and in the Downtown
Expansion Area
6 Infrastructure to support recreational and
entertainment facilities Downtown and in the
Downtown Expansion Area
7 Riverwalk improvements
8 Roadway / sidewalk / streetscape
improvements (e.g., street realignment)
9 Other public amenities (e.g., parks, public
plazas, pedestrian infrastructure)
10 Climate resilience investments Citywide (e.g.,
sea-level rise, flood control)
Estimated Total EIFD Budget Allocation $89,000,000 (present value dollars)
Funds allocated under projects item numbers 1 through 10 may be reallocated to any eligible projects under the IFP and EIFD law based on future infrastructure needs. Specific project funding will be subject to approval by the PFA.

Additional expenditures by the EIFD, including any use of potential future EIFD bond proceeds, will be subject to approval by the PFA. Targeted improvements would conform to established guidelines in existing, adopted planning documentation, such as the City General Plan.

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Eligible expenditures in accordance with Government code sections 53398.52 and 53398.56 include the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or and are projects of communitywide significance that provide significant benefits to the district or the surrounding community.

The Santa Cruz EIFD may also finance the ongoing or capitalized costs to maintain public capital facilities financed in whole or in part by the Santa Cruz EIFD. Facilities funded may be located outside the boundaries of the Santa Cruz EIFD, as long as they have a tangible connection to the work of the Santa Cruz EIFD. The Santa Cruz EIFD will also finance planning and design activities that are directly related to the purchase, construction, expansion, or rehabilitation of these projects. Projects financed by the Santa Cruz EIFD may include, but not be limited to, all of the following:
• Highways, interchanges, and ramps;
• Bridges;
• Arterial streets;
• Parking facilities;
• Transit facilities;
• Parks, recreational facilities, and open space;
• Sewage treatment and water reclamation plants and interceptor pipes; • Facilities for the collection and treatment of water for urban uses; • Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles;
• Storm water conveyance and collection facilities;
• Flood control levees and dams, retention basins, and drainage channels; • Child care facilities;
• Libraries;
• Broadband and telecommunications infrastructure;
• Sidewalks and streetscape improvements;
• Bicycle lanes and paths;
• Public art;
• Brownfield restoration and other environmental mitigation; • Affordable housing as authorized under the EIFD Law;
• Projects that implement a sustainable communities strategy and transit priority projects; • Acquisition, construction, or repair of commercial structures by the small business occupant of such structures, if such acquisition, construction, or repair is for purposes of fostering economic recovery from the COVID-19 pandemic and of ensuring the long-term economic sustainability of small businesses;

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• Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vector-borne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought; • Facilities in which nonprofit community organizations provide health, youth, homeless, and social services.

In addition, the Santa Cruz EIFD may finance any other expenses incidental to the formation, administration1 and implementation of the Santa Cruz EIFD and to the construction, completion, inspection and acquisition of the authorized facilities, including, but not limited to, the costs of creation and administration of the Santa Cruz EIFD; costs of issuance of bonds or other debt of the Santa Cruz EIFD or of any other public agency (including a community facilities district) that finances authorized facilities, and payment of debt service thereon; financing costs of improvements incurred by developers until reimbursement for the costs of the improvements from the Santa Cruz EIFD; costs incurred by the City, County, or the Santa Cruz EIFD in connection with the division of taxes pursuant to Government Code section 53398.75; and legal costs.

In accordance with Government Code Section 53398.69, the Santa Cruz EIFD may expend up to 10 percent of any accrued tax increment in the first two years of the effective date of the Santa Cruz EIFD on planning and dissemination of information to the residents within the Santa Cruz EIFD boundaries about the IFP and planned activities to be funded by the Santa Cruz EIFD, including reimbursement of the City’s advanced funding of such eligible costs.

The PFA intends to continue to identify, evaluate, and pursue additional funding sources and financing mechanisms aside from District tax increment to implement the improvements identified above, potentially including grant sources, impact fees, private sector investment incentivized by the formation of the EIFD itself, and/or other sources.

Private sector developers will be responsible for funding project-specific / fair-share / in-tract infrastructure, unless otherwise outlined in this IFP. Some public facilities included in the EIFD area are anticipated to be provided by governmental entities without assistance from the District.

While details are not known at this time, there may be public facilities provided jointly by the 1 Administration costs refer to the actual or reasonably estimated costs directly related to the administration of the Santa Cruz EIFD, including, but not limited to, the following: the costs of computing annual tax increment revenues and preparing the required annual reporting; the costs of allocation tax increment revenues (whether by the County, the City, or otherwise); the costs to the City, Santa Cruz EIFD, or any designee thereof in complying with disclosure requirements; the costs associated with preparing required disclosure statements and responding to public inquiries regarding the Santa Cruz EIFD; and the costs of the City, Santa Cruz EIFD, or any designee thereof related to any appeal of the implementation of the Santa Cruz EIFD. Administration costs shall also include amounts estimated or advanced by the City for any other administrative purposes, including, but not limited to, attorney’s fees or any other expenses incidental to the implementation of the Santa Cruz EIFD.

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private sector and governmental entities. Such case-specific agreements would come before the PFA for approval at the appropriate time.

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4.0 Finding of Communitywide
Significance
Implementation of the District promotes the goals of and is consistent with the City’s General Plan, serves as a catalyst for private sector investment and critical public infrastructure with transformative potential for the Santa Cruz EIFD area and the City as a whole. The District supports job creation, housing production, and improvement of quality of life.

Specific communitywide and regional benefits anticipated to be generated by the District include:
• Approximately $54 million in net fiscal surplus to the City over 50 years (on a presentvalue basis) • Approximately 3,100+ housing units within the District, including significant affordable housing unit allocation
• Approximately 20,341 direct, indirect, and induced temporary, construction-related jobs in the City and County
• Approximately 601 direct, permanent jobs in the City
• Approximately 179 additional indirect and induced permanent jobs in the City and County (total of 779 direct, indirect, and induced jobs)
• Approximately $2.8 billion in economic output from construction in the City and County • Approximately $99 million in annual ongoing economic output in the City and County.

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5.0 Financing Section
The Santa Cruz EIFD will be funded by property tax increment allocated by the City. No other taxing entity is contributing property tax increment to the District. It is anticipated that property tax increment will be utilized on both a “pay-as-you-go” basis as well as security for tax increment bond issuance or loan acquisition.

Portions of the Santa Cruz EIFD are located within the boundaries of the former Redevelopment Project Area of the former Redevelopment Agency of Santa Cruz, and so property tax revenues generated by the properties within the overlapping area will flow according to the Redevelopment Agency dissolution statutes until all of the Successor Agency’s obligations are retired (currently anticipated in 2041). Redevelopment Property Tax Trust Fund (“RPTTF”) residual revenues are intended to be contributed by the City to the District as part of the maximum allocations outlined in the following sections.

The analysis and projections herein reflect the City’s intention to dedicate incremental property tax revenue allocated to the City in lieu of motor vehicle license fees to the District pursuant to Government Code Section 53398.75(e)(1) in addition and in proportion to incremental “AB8” property tax.

5.1 Maximum Portion of Incremental Tax Revenue Dedicated to the District The maximum portion of the City’s property tax increment to be committed to the District will be 50% throughout the District lifetime.

5.2 Projection of District Tax Revenues by Year
Table 3 provides an overview of the projected growth of assessed value, property tax increment, and City allocation to the District over the District lifetime. It is expected that a total of approximately $89 million of incremental tax revenues will be allocated to the District by the City.

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Table 3: Projection of District Revenues by Year
Note: Present value at 3% discount rate.

Incremental
Assessed Value
Property Tax
Increment @
1% General
Levy
Average City
Share
Available
(incl. MVLF)
City
Increment
Available
Portion of
City Share
Allocated
City
Increment
Allocated to
EIFD
0 2025 / 2026 $0 $0 21.95% $0 50% $0
1 2026 / 2027 $264,475,405 $2,644,754 21.95% $580,617 50% $290,308 2 2027 / 2028 $448,543,729 $4,485,437 21.95% $984,712 50% $492,356 3 2028 / 2029 $639,085,580 $6,390,856 21.95% $1,403,019 50% $701,509 4 2029 / 2030 $936,205,583 $9,362,056 21.95% $2,055,302 50% $1,027,651 5 2030 / 2031 $1,170,407,696 $11,704,077 21.95% $2,569,458 50% $1,284,729 6 2031 / 2032 $1,384,102,853 $13,841,029 21.95% $3,038,595 50% $1,519,297 7 2032 / 2033 $1,605,094,237 $16,050,942 21.95% $3,523,749 50% $1,761,875 8 2033 / 2034 $1,833,588,217 $18,335,882 21.95% $4,025,374 50% $2,012,687 9 2034 / 2035 $2,069,796,503 $20,697,965 21.95% $4,543,935 50% $2,271,967 10 2035 / 2036 $2,313,936,268 $23,139,363 21.95% $5,079,908 50% $2,539,954 11 2036 / 2037 $2,399,385,835 $23,993,858 21.95% $5,267,500 50% $2,633,750 12 2037 / 2038 $2,486,544,394 $24,865,444 21.95% $5,458,844 50% $2,729,422 13 2038 / 2039 $2,575,446,123 $25,754,461 21.95% $5,654,014 50% $2,827,007 14 2039 / 2040 $2,666,125,887 $26,661,259 21.95% $5,853,088 50% $2,926,544 15 2040 / 2041 $2,758,619,247 $27,586,192 21.95% $6,056,144 50% $3,028,072 16 2041 / 2042 $2,852,962,474 $28,529,625 21.95% $6,263,261 50% $3,131,630 17 2042 / 2043 $2,949,192,565 $29,491,926 21.95% $6,474,520 50% $3,237,260 18 2043 / 2044 $3,047,347,258 $30,473,473 21.95% $6,690,004 50% $3,345,002 19 2044 / 2045 $3,147,465,045 $31,474,650 21.95% $6,909,798 50% $3,454,899 20 2045 / 2046 $3,249,585,187 $32,495,852 21.95% $7,133,988 50% $3,566,994 21 2046 / 2047 $3,353,747,733 $33,537,477 21.95% $7,362,661 50% $3,681,331 22 2047 / 2048 $3,459,993,529 $34,599,935 21.95% $7,595,908 50% $3,797,954 23 2048 / 2049 $3,568,364,242 $35,683,642 21.95% $7,833,820 50% $3,916,910 24 2049 / 2050 $3,678,902,368 $36,789,024 21.95% $8,076,491 50% $4,038,245 25 2050 / 2051 $3,791,651,258 $37,916,513 21.95% $8,324,014 50% $4,162,007 26 2051 / 2052 $3,906,655,124 $39,066,551 21.95% $8,576,488 50% $4,288,244 27 2052 / 2053 $4,023,959,069 $40,239,591 21.95% $8,834,012 50% $4,417,006 28 2053 / 2054 $4,143,609,092 $41,436,091 21.95% $9,096,686 50% $4,548,343 29 2054 / 2055 $4,265,652,115 $42,656,521 21.95% $9,364,614 50% $4,682,307 30 2055 / 2056 $4,390,135,999 $43,901,360 21.95% $9,637,900 50% $4,818,950 31 2056 / 2057 $4,517,109,561 $45,171,096 21.95% $9,916,652 50% $4,958,326 32 2057 / 2058 $4,646,622,594 $46,466,226 21.95% $10,200,979 50% $5,100,489 33 2058 / 2059 $4,778,725,888 $47,787,259 21.95% $10,490,992 50% $5,245,496 34 2059 / 2060 $4,913,471,247 $49,134,712 21.95% $10,786,806 50% $5,393,403 35 2060 / 2061 $5,050,911,514 $50,509,115 21.95% $11,088,536 50% $5,544,268 36 2061 / 2062 $5,191,100,586 $51,911,006 21.95% $11,396,300 50% $5,698,150 37 2062 / 2063 $5,334,093,440 $53,340,934 21.95% $11,710,220 50% $5,855,110 38 2063 / 2064 $5,479,946,150 $54,799,462 21.95% $12,030,418 50% $6,015,209 39 2064 / 2065 $5,628,715,915 $56,287,159 21.95% $12,357,020 50% $6,178,510 40 2065 / 2066 $5,780,461,075 $57,804,611 21.95% $12,690,155 50% $6,345,077 41 2066 / 2067 $5,935,241,138 $59,352,411 21.95% $13,029,952 50% $6,514,976 42 2067 / 2068 $6,093,116,803 $60,931,168 21.95% $13,376,544 50% $6,688,272 43 2068 / 2069 $6,254,149,981 $62,541,500 21.95% $13,730,069 50% $6,865,035 44 2069 / 2070 $6,418,403,822 $64,184,038 21.95% $14,090,664 50% $7,045,332 45 2070 / 2071 $6,585,942,740 $65,859,427 21.95% $14,458,472 50% $7,229,236 46 2071 / 2072 $6,756,832,437 $67,568,324 21.95% $14,833,635 50% $7,416,817 47 2072 / 2073 $6,931,139,927 $69,311,399 21.95% $15,216,301 50% $7,608,151 48 2073 / 2074 $7,108,933,568 $71,089,336 21.95% $15,606,621 50% $7,803,311 49 2074 / 2075 $7,290,283,081 $72,902,831 21.95% $16,004,747 50% $8,002,374 50 2075 / 2076 $7,475,259,584 $74,752,596 21.95% $16,410,836 50% $8,205,418 $433,694,343 50% $216,847,172
$178,734,300 50% $89,367,150
Fiscal Year
Total
Present Value

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These projections are based on research and analysis of available data at the time of IFP preparation for purposes of illustration. Actual results may differ from those expressed in this document. Appendix C provides additional detail for the projected revenue analysis.

5.3 Plan for Financing Public Facilities
The PFA intends to utilize numerous funding sources and financing mechanisms to implement the projects identified in Section 3.2, potentially including District tax increment, grant sources, impact fees, private sector investment, and/or other sources.

As it pertains to the use of District tax increment, the PFA intends to incur debt only when it is financially prudent to do so. It is estimated at this time that approximately $89 million of EIFD funding (in present value dollars) will be made available through bond or loan proceeds and payas-you-go proceeds over the District lifetime. It may be the case that multiple debt issuances will be necessary to achieve the targeted funding capacity.

5.4 Limit on Total Dollars Allocated to the District
The total number of dollars or taxes that may be allocated to the District shall not exceed $400,000,000 (nominal dollars).

5.5 District Termination Date
The District will cease to exist the earlier of: (i) forty five (45) years from the date on which the first issuance of bonds or acquisition of a loan is approved by the PFA, or (ii) June 30, 2076. This IFP assumes that that the base year for the District will be Fiscal Year 2025-2026 and that the District will begin receiving tax revenues in Fiscal Year 2026-2027.

5.6 Analysis of Costs to Provide Facilities and Services Appendix D to this IFP includes, as part of the Fiscal Impact Analysis, an analysis of the costs to the City for providing facilities and services to the area of the District. It is estimated that, at Year 20 of the District lifetime (assumed stabilized buildout of District area), annual costs to the City will be approximately $20.3 million to service the area of the District.

5.7 Fiscal Impact Analysis
Appendix D to this IFP includes an analysis of the projected fiscal impact of the District and the associated development upon the City, as the only affected taxing entity that are contributing tax increment revenues to the District. Table 5 presents an overview of fiscal impacts to the City.

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Table 5: Overview of Fiscal Impacts to City
It is estimated that, at Year 20 of the District lifetime, the District area will generate an annual net fiscal surplus of approximately $1.86 million to the City. Over 50 years, District activity will generate a positive net fiscal impact of approximately $54 million for the City on a present-value basis. This is in addition to the Community economic benefits outlined in Section 4 of this IFP (e.g. jobs, housing, remediation of contamination, connectivity, active transportation).

5.8 Developer Reimbursement for Transit Priority Project The PFA does not intend to finance any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of the District and qualifies for the Transit Priority Project Program, pursuant to Section 65470. To the extent that a developer is willing to fund Transit Priority Project infrastructure expenditures beyond and in advance of said developer’s fair share (not contemplated at this time), the PFA may consider and evaluate such reimbursement at the appropriate time.

Annual
Stabilized
Year 0-50
Nominal
Total
Year 0-50
Present Value
@ 3.0%
City of Santa Cruz
Estimated Fiscal Revenues (Net of 50% EIFD Allocation) $22,113,800 $1,371,548,100 $549,782,500 Estimated Fiscal Expenditures ($20,257,000) ($1,247,203,000) ($495,886,800) Estimated Net Fiscal Impact to City $1,856,800 $124,345,100 $53,895,700

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6.0 Removal of Dwelling Units and
Replacement Housing Plan
It is not known at this time if any housing units will be removed as a result of any project identified in this IFP. However, if any relocation of dwelling units is deemed to be required in the future for a project financed by the District, the PFA will comply with the requirements of Government Code Section 53398.56.

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7.0 Goals of the District
As stated in the Resolution of Intention, the goal of the Santa Cruz EIFD is to assist in the provision of public facilities of communitywide significance that provide significant benefits and promote economic development within the boundaries of the Santa Cruz EIFD and the surrounding community and, for those facilities located outside the Santa Cruz EIFD boundaries which also have a tangible connection to the Santa Cruz EIFD.

More specifically, the goals of the District’s implementation of the public facilities outlined in Section 3.2 are to support the City’s General Plan and serve as a catalyst for private sector investment and critical public infrastructure with transformative potential for the Santa Cruz EIFD area and the City as a whole. The District additionally aims to implement Statewide policy goals of housing supply and sustainable infrastructure investment.

Additional objectives include economic development in the form of fiscal revenue generation for the City and other taxing entities, job creation, housing production, improvement of quality of life, and promotion of environmental sustainability. The District will be utilized to address essential infrastructure funding needs, which are are critical to catalyze private sector investment and development.

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8.0 Appendices
Appendix A: Map of Boundaries of the Santa Cruz EIFD
Appendix B: Legal Description of the Santa Cruz EIFD
Appendix C: Projected Tax Increment Revenue Analysis
Appendix D: Fiscal Impact Analysis

12.31 RANDELL SCOTT WEST DATED PREPARED BY: 451 Clovis Avenue, Suite 200 Clovis, California 93612 Tel (559) 326-1400
Fax (559) 326-1500 kosmont companies
Sheet Index Map Not to Scale 2/4/2026 SHEET 1 OF 12 ENHANCED INFRASTRUCTURE FINANCING DISTRICT APPENDIX A THE COUNTY OF SANTA CRUZ DRAWN BY: DGarman DATE: 2/03/26 CHECKED BY: RWest DATE: 2/03/26 RESOLUTION NO.: N N State of California PREPARED FOR: SANTA CRUZ COUNTY COUNTY OF SANTA CRUZ SHEET NO. 3 Santa Clara County San Benito County Monterey County San Mateo County Pacific Ocean SHEET NO. 5 SHEET NO. 2SHEET NO. 8 SHEET NO. 9 SHEET NO. 10 SHEET NO. 11 San Benito San Mateo Pacific Ocean MURRAY STREET Monterey Santa Clara Scotts Valley Watsonville Capitola City of Santa Cruz SHEET NO. 6 SHEET NO. 7 PARCEL AREA "A" PARCEL AREA "B" Monterey Bay SHEET NO. 4 PARCEL AREA "C" DELAWARE AVENUE MISSION STREET BAY STREET HWY. 1 HWY. 1 SOQUEL AVENUE HWY. 1 MUNICIPAL WHARF

12.32 Delaware Avenue 1 THE POINT OF BEGINNING OF PARCEL "A" 2 3 4 56 7 8 9 10 11 12 13 17 18 19 20 2122 23 24 25 26 129 SEE DETAIL "A" 130131 132 133134 135 136 137 138 139 145 141 143 142 146 140 144147 148 150 149 151 003-031-07 003-031-08 003-031-04 003-351-36 003-351-33 003-351-40 003-351-02 003-351-04 003-351-05003-081-19 003-081-12 003-081-18 003-081-14 003-081-13 003-032-03 003-095-05 003-095-06 003-095-07 003-043-24 003-043-18 003-043-23 003-042-27 003-042-11 003-042-29 003-041-18 003-043-19 002-631-35 002-216-06 002-216-01 002-218-54 002-216-05 002-218-53 002-218-55 002-218-14 002-218-22 002-218-56 002-218-52 002-223-35 002-223-37 002-223-36 002-223-32 003-051-32 003-051-33 003-051-34 003-051-35 003-052-10 003-052-09 003-052-08 004-431-01004-431-02 004-432-01 004-432-28 Delaware Avenue Heath Street Jeter Street Ingalls Street McPherson Street Mission Street Coast Road Ingalls Street Swift Avenue Fair Avenue Fair Street Almar Avenue Younglove Avenue Bellevue Street Ladera Drive Swift Avenue Grandview Street Crespi Court Street King Miramar Drive Almar Avenue Seaside Street Surfside Avenue Rankin Street Seaside Street Anderson Street SHEET 2 OF 12 ENHANCED INFRASTRUCTURE FINANCING DISTRICT PARCEL AREA "A" THE CITY OF SANTA CRUZ DRAWN BY: DGarman DATE: 2/03/26 CHECKED BY: RWest DATE: 2/03/26 RESOLUTION NO.: Legend ENHANCED INFRASTRUCTURE FINANCING DISTRICT INDICATES DATA TABLE NUMBER 0 50 100 150 300 SCALE: 1" = 150' 1 MATCHLINE (SEE SHEET 3) 12567891011121314151617Parcel "A" - Course Data Table Course # Delta / Direction Length 34181920212223242526 S83° 29' 05"W N06° 33' 42"W N83° 26' 10"E N06° 27' 12"W N13° 43' 59"E S83° 21' 39"W N06° 31' 42"W N83° 31' 23"E N06° 43' 23"W N72° 28' 03"E S88° 48' 12"E N04° 45' 05"W N66° 43' 04"E N14° 17' 33"W N75° 16' 11"E N47° 43' 37"W N42° 30' 57"E N74° 53' 32"E S10° 34' 18"E N66° 51' 58"E N09° 26' 32"W N66° 50' 23"E S23° 09' 47"E N66° 50' 24"E S23° 11' 31"E N66° 48' 29"E 999.79' 184.37' 5.00' 744.45' 410.80' 178.88' 98.79' 132.00' 230.14' 386.38' 502.69' 343.02' 681.70' 29.18' 40.61' 21.93' 200.08' 58.84' 140.09' 217.84' 110.62' 59.40' 110.00' 100.00' 8.74' 290.78' 129 130 133 134 135 136 137 138 139 140 141 142 143 144 145 Course # Delta / Direction Length 131 132 146 147 148 149 150 151 S35° 19' 14"W S35° 17' 20"W S54° 42' 37"E S35° 19' 14"W N54° 40' 45"W S06° 27' 11"E N82° 59' 29"E S54° 32' 33"E S63° 24' 08"W S65° 55' 21"W S67° 56' 24"W N06° 45' 37"W S83° 08' 24"W S06° 11' 38"E S74° 42' 05"W N06° 12' 48"W S66° 15' 20"W S10° 36' 27"E S79° 23' 33"W S10° 36' 27"E S79° 19' 07"W S11° 18' 08"E 249.47' 50.02' 99.97' 124.94' 83.70' 243.75' 47.50' 332.02' 136.11' 177.11' 51.92' 209.91' 357.34' 269.81' 153.58' 534.77' 245.04' 738.22' 42.09' 78.21' 938.97' 161.50' S06° 24' 25"E 850.32' Parcel "A" - Course Data Table DETAIL "A" SCALE: 1" = 30' 002-218-54 17 1516 13 14 12.33 Miramar Drive
24 25
26 26 28
29 30 31
32 33
129
128
127
126
125
124
123
122
121
120 119
118
116
84 83
81 80
79 78
77 74
73 69
68 67
66 64
62 60
58 57
55 56
54 52 53
51 50
49 48
47 46
34 35
27 36
45 37
SEE DETAIL "B"
59 61
63 65
70 71
72 75
76 82
85 129
117
115
114
113
98 99
106
87 88
89 93 92
94 95
96 97
100
101
102
103
105
107
108
112 111 109
110
130
131
132
133
134
135
136
002-223-35
002-223-37 002-223-36
002-223-32 002-223-37 002-223-32
002-223-31
002-223-34
002-223-33
002-222-25
002-222-10
003-051-34 004-431-01
004-431-02
004-432-01 004-432-28
Bay Street
Trescony Street
Laurent Street
Van Ness Avenue
Laurel Street
Bay Street
Palm Street
Trescony Street
Laurent Street
004-432-28 002-223-33 002-222-24
002-621-35
002-622-19
002-622-26
002-622-20
002-741-03 004-123-52 004-123-53 004-123-50
004-123-51 004-124-31 004-124-32 004-124-34 004-124-35 004-124-33 004-441-25 004-441-22 004-441-23 002-235-27
002-235-22 002-235-18 002-235-10 002-235-09 002-235-21 002-235-20 004-043-25 004-043-24 004-043-29
004-043-30
004-043-28
004-043-26
006-181-75
006-181-89006-181-91 006-181-18 006-181-17 006-181-88 006-193-55 006-193-53 006-193-54 006-193-22 006-193-21 006-193-20 006-193-47
006-193-17
006-193-18
006-193-56
006-192-14 006-192-25 006-192-12 006-192-24 006-192-26 006-192-27 006-193-48
006-203-24 006-203-25
006-203-23
006-493-27
006-493-28
006-493-26
006-493-03
004-011-38
004-011-36
004-011-39
004-011-37
004-012-49
004-012-01 004-041-45 004-041-44 Younglove Avenue Bellevue Street Dufour Street Averitt Street Berkshire Avenue Baldwin Street West Avenue
Olive Street
Mission Street
Mission Street
Miramar
Glover Street
Toledo Street Rigg Street
Van Ness Avenue
Laurel Street
Rigg Street
Sadi Street
Cleveland Street
Seaside Street
004-043-23
006-181-90
006-181-33
Anita Street
104
Seaside Street
91 90
86 SHEET 3 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

Legend

ENHANCED INFRASTRUCTURE FINANCING DISTRICT
INDICATES DATA TABLE NUMBER 0 50 100 150 300
SCALE: 1" = 150'
1 MATCHLINE (SEE SHEET 2)
PARCEL AREA "A"
Course # Direction Length
72 73
74 75
N32° 50' 02"E
N55° 42' 20"E
N32° 40' 21"E
S57° 51' 20"E
S61° 36' 08"E
S28° 23' 51"W
S61° 36' 05"E
113.16'

61.23'
165.88'

22.19'
137.33'

50.00'

50.00'
Course # Direction Length
56 57
58 59
60 61
62 63
64 65
N35° 23' 17"E
N39° 21' 10"E
N35° 17' 49"E
S54° 47' 22"E
N35° 25' 25"E
S54° 34' 30"E
N35° 25' 30"E
S54° 13' 15"E
N35° 46' 45"E
S54° 41' 08"E

58.75'

15.04'
149.98'

22.37'
175.81'

50.00'
115.00'

39.75'
165.46'

50.00'
26 27
30 31
32 33
34 35
Parcel "A" - Course Data Table
Course # Direction Length
28 29
N66° 48' 29"E 290.78'
N40° 54' 41"W
N35° 26' 24"E
S49° 06' 13"E
N35° 13' 04"E
N49° 37' 42"W
N38° 46' 19"E
S49° 37' 41"E
N36° 10' 12"E
N47° 18' 34"W

65.13'
133.01'
100.22'
255.54'

36.95'
100.04'

42.93'
145.07'

63.24'
52 53
54 55
N34° 39' 01"E
S54° 42' 25"E
N35° 23' 18"E
S54° 42' 37"E
113.01'

3.83'
253.76'

23.96'
49 50
51 S54° 42' 35"E
N35° 25' 38"E

64.10'
120.25'
S54° 42' 32"E 245.44'
76 77
N32° 10' 14"E
N54° 58' 36"E
N28° 33' 11"E
N67° 15' 10"W
N44° 23' 52"W
N28° 47' 39"W
N40° 32' 42"W
N28° 33' 10"E
S61° 25' 17"E
148.00'

54.25'
102.14'

10.07'

45.20'

53.40'

44.45'
133.87'
250.00'
78 79
80 81
82 83
84 85 S62° 29' 22"E 65.01'
S52° 58' 22"E
S37° 01' 20"W
S52° 58' 50"E

44.97'

7.70'

8.00'
N37° 01' 34"E
S53° 03' 27"E
N37° 01' 34"E
N53° 03' 13"W
N37° 02' 36"E

25.94'

2.80'

35.12'

2.80'

15.68'
N26° 10' 04"E 52.08'
36 37
38 39
40 41
42 43
44 45
46 47
48 N35° 56' 22"E
N48° 38' 52"W
N35° 25' 36"E
124.96'
349.39'

91.70'
N37° 01' 34"E 50.70'
66 67
68 69
70 71
N35° 46' 49"E
N41° 23' 15"E
N35° 46' 45"E
N56° 42' 28"W
N32° 50' 02"E
N57° 23' 51"W
115.36'

48.23'
135.45'

32.28'
113.73'

38.06'
86 87
88 Course # Direction Length
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
S19° 29' 23"W
S53° 49' 44"W
S08° 37' 47"W
S63° 09' 25"W
S11° 32' 52"W
N77° 25' 04"W

52.70'

12.14'
163.63'

67.21'
167.73'

58.74'
S15° 58' 36"W
N81° 45' 12"W
S08° 14' 48"W
S44° 52' 39"W
N49° 26' 43"W
S53° 21' 02"W
S50° 45' 01"W
S49° 26' 44"E
S40° 33' 18"W
S49° 26' 50"E
S40° 33' 10"W
S49° 21' 18"E
S39° 43' 18"W
N49° 20' 10"W
S32° 58' 26"W
S36° 10' 21"W
S48° 59' 22"E
137.82'
156.12'
149.96'

85.86'
159.50'
165.21'

40.64'
104.14'
100.00'

50.00'

19.56'

9.10'
120.79'
212.39'

80.17'
446.64'
150.94'
Course # Direction Length
118
119
120
121
122
123
124
125
126
127
128
129
S35° 34' 22"W
S49° 39' 32"E
S35° 34' 25"W
N54° 45' 06"W
S37° 39' 17"W
S35° 05' 50"W
S54° 54' 09"E
S35° 19' 15"W
N54° 45' 41"W
S35° 19' 15"W
S36° 47' 57"W

74.50'

2.50'
270.15'

65.00'

60.05'
295.34'
200.30'
124.38'
190.00'
124.61'

50.02'
S35° 19' 14"W 249.47'
110
113
114
115
116
117
111
112
S28° 23' 51"W
N61° 36' 11"W
S19° 29' 19"W
S42° 45' 16"W
S19° 36' 28"W
S70° 44' 26"E

99.65'

79.34'
109.41'

54.43'
104.64'

9.85'
90 91
92 93
94 89
Parcel "A" - Course Data Table Parcel "A" - Course Data Table Parcel "A" - Course Data Table Parcel "A" - Course Data Table 42 40 41
39 38
43 44
DETAIL "B"
SCALE: 1" = 10'
45 37
002-741-03
Baldwin Street

12.34 Cowell Street
1 004-081-12

THE POINT OF BEGINNING
OF PARCEL "B"
627
2 3
4 5
6 7
9 10
11 12
8 004-581-07
004-581-06
004-081-03
004-233-14
004-081-16
004-091-26
004-091-24
004-091-19
004-081-04
626
622
625
624
623
616
615
617
618
619
614
613
612
611
609
610
607
608
620
621
606
604
603
600
596
594
592
591
590
586
585
584
582
605
602
601
599
598
597
595
593
589
588
587
583
581
580
579
578
577
576
575
574
573
572
Gharkey Street
Lighthouse Avenue
Laguna Street
Bay Street
Bay Street
Santa Cruz Street
Monterey Street
Oregon Street West Cliff Drive
West Cliff Drive
Beach Street
Pacific Avenue
Municipal Wharf
Beach Street
004-081-17
004-311-24
007-216-02
007-216-01
007-212-11 007-212-14
007-321-01
007-321-02
007-321-03
007-321-04
Municipal Wharf
Monterey Bay
Monterey Bay
007-331-01
007-331-02
007-331-03
007-341-01
007-341-03
007-341-02
007-341-06
SECTION 24, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 19, T. 11 S, R. 1 W., M.D.B. & M.
007-341-05
007-341-04
SHEET 4 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

Legend

ENHANCED INFRASTRUCTURE FINANCING DISTRICT
INDICATES DATA TABLE NUMBER 0 50 100 150 300
SCALE: 1" = 150'
1 PARCEL AREA "B"
MATCHLINE (SEE SHEET 5)
1 2
5 6
7 8
9 10
11 12
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
3 4
352.17'

78.86'

47.99'

51.99'

10.63'
112.14'

23.99'

56.54'
292.14'
534.03'
S61° 33' 31"W
N23° 12' 17"W
N54° 53' 27"E
N51° 07' 46"E
N27° 42' 49"W
N35° 03' 06"E
N61° 40' 29"E
N26° 39' 40"E
N24° 51' 03"E
450.00' 67° 59' 41"

59.38'
253.51'
N13° 21' 44"E
402.41' 36° 05' 42"
573
574
577
578
579
580
581
582
583
584
585
586
587
588
589
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
575
576
590
591
592
593
594
595
596
597
598
599
600
603
604
605
606
607
608
609
610
611
612
613
614
615
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
601
602
616
617
618
619
620
621
622
623
624
625
626
627
951.47'
244.90'

83.28'
444.48'
495.23'
S75° 28' 57"W
S71° 01' 16"W
N21° 23' 25"W
S64° 53' 25"W
S48° 19' 19"E

52.95'
1106.00'

65.70'
511.44'

74.17'
341.32'

19.60'
227.47'

80.32'
232.03'

24.42'

76.95'

19.30'
145.18'
124.48'

49.68'

20.67'
846.14'

22.06'
138.70'
S79° 35' 59"E
S48° 54' 17"E
N41° 43' 53"E
S48° 55' 50"E
S40° 37' 19"W
S16° 00' 38"E
S63° 27' 06"W
S17° 29' 36"E
S75° 01' 14"W
N17° 28' 32"W
S73° 47' 28"W
N16° 44' 28"W
N59° 29' 18"W
N16° 00' 59"W
N49° 02' 13"W
N16° 34' 06"W
N41° 39' 15"E
N48° 53' 14"W
N88° 52' 39"W
N48° 25' 54"W

65.84'
242.87'

38.79'

65.50'

39.02'

63.01'

6.56'

93.05'

10.25'
565.43'
232.85'
119.95'

85.56'

55.29'
121.66'
164.16'

78.30'
136.66'

63.49'
181.17'
N41° 52' 23"E
N49° 35' 06"W
S41° 03' 10"W
N48° 41' 16"W
N41° 56' 27"E
N48° 51' 19"W
S36° 53' 24"W
N48° 50' 05"W
N39° 49' 34"E
N48° 49' 25"W
N83° 33' 11"W
S26° 15' 20"E
S10° 06' 39"W
N83° 00' 13"W
S41° 57' 15"W
S50° 01' 12"W
S16° 14' 01"W
S28° 16' 37"E
S75° 10' 27"W
S28° 21' 21"W

65.68'

52.95'

68.34'

95.55'
365.45'
358.24'
102.83'

24.92'
116.59'
167.05'

62.47'
S09° 33' 39"W
S19° 58' 46"E
S28° 55' 11"W
N44° 24' 51"W
N11° 50' 08"E
N79° 01' 36"W
39° 16' 36"
S61° 41' 47"W
S44° 57' 46"E
N84° 42' 43"W
N05° 25' 05"E
150.00'
572

12.35 007-321-02
007-321-01
12 13
14 15
27 SEE DETAIL "C"
572
571
570
566
567
568
569
565
564
563
562
561
560
559
558
556
554
555
552
553
551
540
541
542
539
550
SEE DETAIL "E"
538
537
535 536
532
534
531
530
529
528
526
525
524
523
521
527
522
520
519
518
517
513
515
516
514
512
510
509
507
505
503
511
508
502
504
498
497
SEE DETAIL "D"
496
495
494
493
492
491
490
28 29
30 31
32 33
34 35
36 37
38 39
40 44
42 46
50 41
43 45
47 48
51 52
53 54
55 57
56 58
59 60
64 65
66 68
61 62
63 67
384
383
375
373
372
374
382
Main Street
Westbrook Street Beach Street
Pacific Avenue
Front Street
Drift Way
Villa Mar Vista
Second Street
First Street
Cliff Street
Center Street
Cedar Street
Chestnut Street
Washington Street
Laurel Street
Laurel Street
Spruce Street
Cedar Street
Center Street
Chestnut Street
Chestnut Street
004-311-24
004-311-12
004-311-03
004-311-23
004-311-22
007-212-11 007-212-14
007-321-03
007-321-04
007-321-06
Main Street
Cliff Street
Leibrandt Avenue
Beach Street
Trinity Street
Third Street
007-321-09
007-321-10 Third Street
007-293-08
007-262-07
007-103-12
007-214-01
Viaduct Street
007-023-24
007-023-25
007-023-26
007-023-27
007-023-19
007-023-20
007-012-18
007-012-17
007-011-09
007-011-07
007-011-10
007-023-17
007-151-10
Third Street Pacific Avenue
Sycamore Street Pacific Avenue
3rd Street
Maple Street
007-022-10
007-022-08
007-022-05
007-022-04
007-022-06
007-022-07
Pacific Avenue
007-021-10
007-021-09
007-021-08
007-021-07
007-021-04
007-021-03
007-021-02
007-021-17
007-021-01
005-145-09
005-144-13
005-145-08
Birch Lane
Maple Street
Elm Street
005-143-09
005-143-10
005-143-11
005-142-09
005-148-14
005-148-08
005-148-11
005-148-16
005-148-13
005-148-09
005-148-07
005-148-05
005-151-52
005-151-38
005-151-32
005-151-33
005-151-34
005-151-35
005-151-51
005-151-29
005-151-43
005-151-48
Front Street
007-032-01
005-151-47
007-033-01
007-033-02
007-033-03
007-033-04
007-033-15
007-023-18
007-211-01
007-212-01
007-212-02
007-231-02
007-221-09
Second Street
007-215-01
007-213-04
007-213-06
007-213-05
007-213-08
007-261-01
007-103-14
007-103-02
007-103-15
007-103-13
007-272-01
Riverside Avenue
007-281-01
007-281-02
007-281-04
007-281-03
007-262-01
Raymond Street
Park Place
Park Avenue
Uhden Street
Kaye Street
007-262-03
007-262-04
007-262-06
007-263-06
Third Street
007-293-07
007-293-06
007-293-11
007-293-10
007-293-09
007-292-17
007-292-12
Monterey Bay
San Lorenzo River
Elm Street
499
005-142-10 007-403-18
Barson Street
010-551-26
010-551-23
007-403-23
007-403-22
007-431-01 Jessie Street
Pearl Street
010-165-18
SEE DETAIL "J"
SECTION 13, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 18, T. 11 S, R. 1 W., M.D.B. & M.

SECTION 24, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 19, T. 11 S, R. 1 W., M.D.B. & M.

SECTION 13, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 24, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 18, T. 11 S, R. 1 W., M.D.B. & M.

SECTION 19, T. 11 S, R. 1 W., M.D.B. & M.
007-272-10
007-103-11
007-103-10
007-272-03
533
557
506 Leibrandt Avenue
007-272-02
49 007-011-08 Washington Street
SHEET 5 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

Legend

ENHANCED INFRASTRUCTURE FINANCING DISTRICT
INDICATES DATA TABLE NUMBER (SEE SHEET 12) 0 50 100 150 300 SCALE: 1" = 150'
1 MATCHLINE (SEE SHEET 4)
PARCEL AREA "B"
MATCHLINE (SEE SHEET 6)
004-311-24
DETAIL "C"
SCALE: 1" = 60'
15 17
20 27
25 26
24 16
18 19
22 21
23 004-311-12
004-311-03
004-311-22
004-311-23
DETAIL "D"
SCALE: 1" = 10'
500
501
007-033-02
007-033-03 502
499
DETAIL "E"
SCALE: 1" = 30'
544
548
007-262-03
007-262-04
546
547
545
549
543
542
550

12.36 316 100 473
491
490
490
489
488
487
486
485
484
483
482
68 70
67 68
69 71
72 73
82 81
80 79 77
75 74
76 78
83 84
85 86
87 93
94 SEE DETAIL "F"
SEE DETAIL "G"
481
476
474
480
479
477
478
475
416
415
414
413
412
411
410
409
408
407
406
405
404
400
394
402
401
387
403
388
386
384
383
391
392
385
369
371
370
375
373
372
368
374
366
364
363
362
360
321
320
318
317
322
323
324
326
327
325
328
329
330
346
334
347
348
350
349
351
352
353
355
354
357
356
358
359
382
367
365
361
335
345 336
332
333
Center Street
Center Street
Washington Street
Cedar Street
Pacific Avenue
Elm Street
005-143-10
005-143-11
005-142-09
005-148-14
005-148-08
005-148-11
005-148-16
005-148-13
005-148-09
005-148-07
005-148-05
005-148-11
005-148-24
005-148-25
005-151-52
005-151-38
005-151-32
005-151-33
005-151-34
005-151-49
Elm Street
Front Street
Front Street
Front Street
Pacific Avenue
Pacific Avenue
Cedar Street
Cathcart Street
005-141-21
005-075-12
005-142-10
005-142-10
Center Street
Lincoln Street
Walnut Avenue
Church Street
Locust Street
Union Street
Chestnut Street
School Street
New Street
Plaza Lane
Locust Street
Church Street
Walnut Street
Lincoln Street
Soquel Street
Cooper Street
Soquel Street
River Street
South River Street
Center Street
Mission Street
Emmett Street
Water Street
Bulkhead Street
Knight Street
005-074-18
005-074-24
005-074-25
005-074-26
005-074-27
005-072-49
007-521-06
005-951-04
005-048-12
005-048-11
005-047-14
005-047-13
005-047-10
005-047-22 005-047-09
005-047-19
005-047-20
005-047-01
005-045-06
005-041-20
005-041-01
005-041-14
006-362-11
005-041-12
005-045-08 005-045-07005-045-01
005-046-02
006-362-07
North Pacific Avenue
006-361-24
006-361-23
006-365-01
006-364-03
006-364-05
006-541-02
006-364-04
005-052-26
005-052-31
005-052-32
005-053-24
005-053-25
005-053-28
005-082-23
005-082-14
005-082-18
008-311-37
005-051-01
San Lorenzo River
San Lorenzo River
005-151-52
005-151-37
005-151-46
005-151-45
005-261-25 Ocean Street
005-891-02
005-281-32
005-282-49
005-282-45
005-282-46
005-283-10
005-541-05
005-282-46
005-302-27
005-302-28
005-941-09
005-941-01
Ocean Street
Soquel Street
Dakota Avenue
Dakota Avenue
Dakota Avenue
Branciforte Creek Channel
007-403-06
Broadway
Broadway
007-403-07
007-403-04
007-411-04
010-551-31
010-551-07
010-551-10
007-403-18
Barson Street
010-551-26
Jessie Street
010-551-23
007-403-23
007-403-22
007-431-01
Clay Street
Jessie Street
Pearl Street
010-165-18
010-551-03
010-102-01
Roosevelt Ter
Fairbanks Street
010-391-10
010-051-05
010-051-06
010-051-07
010-012-13
010-012-29
010-011-33
010-011-13
010-011-27
010-011-16
Branciforte Creek Channel
May Avenue
005-273-12
005-271-22
005-271-21
005-271-15
005-271-16
005-271-17
005-271-18
005-271-19
Soquel Street
Ocean View Avenue
South Branciforte Avenue
Caledonia Street
010-012-09
010-012-51
010-012-06
010-561-06
010-561-05
010-561-04
010-561-30
010-561-01
010-062-10
010-062-11
010-012-12
010-012-16
010-022-37
010-022-23
010-022-25
McCornick Avenue
Minnie Street
North Branciforte Avenue
Pine Street
Hanover Street
SEE DETAIL "J"
SEE DETAIL "I"
SEE DETAIL "H"
398
396
395
393
397
399
010-012-20
010-012-07
SECTION 13, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 18, T. 11 S, R. 1 W., M.D.B. & M.
390
389
010-011-31
010-011-30
319
SHEET 6 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

Legend

ENHANCED INFRASTRUCTURE FINANCING DISTRICT
INDICATES DATA TABLE NUMBER (SEE SHEET 12) 0 50 100 150 300 SCALE: 1" = 150'
1 MATCHLINE (SEE SHEET 5)
PARCEL AREA "B"
MATCHLINE (SEE SHEET 7)
DETAIL "F"
SCALE: 1" = 30'
DETAIL "J"
SCALE: 1" = 30'
DETAIL "I"
SCALE: 1" = 40'
87 93
Mission Street
006-362-11
006-362-07
North Pacific Avenue
100
94 006-361-24
006-361-23
382
Ocean Street
007-431-01
345
010-012-51
010-012-06
82 91
90 88
89 DETAIL "G"
SCALE: 1" = 30'
North Pacific Avenue
006-362-07
95 96
97 98
99 375
378
377
376
379
380
381
McCornick Avenue 336
341
339
344
342
343
340
337
338
DETAIL "H"
SCALE: 1" = 30'
330
010-012-20
010-012-07
331
332
333
010-012-51

12.37 100
101
SEE DETAIL "K"
105
106
108
107
110 109
111
112
113
118
119
120
127
129
114
115
116
121
122
124
126
125
128
130
131
132
133
134
135
123
136
181
182
183
184
448
473
471
472
470
456
457
458
459
463
468
467 469
466
464
462
460
461
455
454
453
452
451
450
449
006-361-24
006-361-01
008-311-37
008-311-38
008-311-33
008-311-12
San Lorenzo River
North
Pacific Avenue
River Street
Amat Street
Coral Street
Harvey West Boulevard
006-511-01
006-511-02
006-511-03
006-361-03
006-361-02
006-511-06
River Street
Lindberg Street
008-311-14
008-311-13
008-311-29
008-311-10
North Pacific Street
Mora Street
008-282-05
008-281-06
008-281-09
Mora Street
001-122-09
001-122-19
008-282-06
001-121-18
001-121-17
001-121-12 Potrero Street
Amat Street
Potrero Street
001-053-10
001-053-29
001-053-30
State Highway 1
State Highway 1
001-052-15
001-051-25
001-051-26
Evergreen Street
Evergreen Street
High Street
001-051-43
001-051-40
001-051-56
001-051-55
001-051-33 Sylvania Street
001-171-19
001-171-17 001-171-20
001-171-18
001-171-04 001-033-02
001-033-03 Du Bois Street
Harvey West Boulevard
Josephine Street
008-291-70
008-291-72
008-291-24
008-601-07
008-601-03
008-601-09
008-601-05
River Street
Madrona Street
Cottonwood Street
Coral Street
008-172-18
008-172-18
River Street
008-174-05
State Highway 1
008-181-23
Felker Street
008-181-26
008-181-21
008-181-26
008-181-21
Pryce Street
Limekiln Street
008-661-11
SECTION 11, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 12, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 14, T. 11 S, R. 2 W., M.D.B. & M.SECTION 13, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 12, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 13, T. 11 S, R. 2 W., M.D.B. & M. 465
008-311-15
117
SHEET 7 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

Legend

ENHANCED INFRASTRUCTURE FINANCING DISTRICT
INDICATES DATA TABLE NUMBER 0 50 100 150 300
SCALE: 1" = 150'
1 MATCHLINE (SEE SHEET 9)
MATCHLINE (SEE SHEET 6)
PARCEL AREA "B"
MATCHLINE (SEE SHEET 8)
100
101
104
105
106
107
108
109
110
111
112
113
114
115
116
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
102
103
117
118
119
120
121
122
123
124
125
126
127
130
131
132
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
128
129
448
449
452
453
454
455
456
457
458
459
460
461
462
463
464
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
450
451
465
466
467
468
469
470
471
472
473
133
134
135
136

82.59'
109.59'

30.83'

27.11'

27.72'
165.07'

30.99'
124.42'

47.93'
209.04'

57.96'

77.12'
110.22'
122.59'
N07° 05' 04"W
N04° 39' 50"E
N85° 20' 07"W
N06° 25' 41"E
S80° 46' 33"W
N51° 11' 12"W
N07° 16' 43"W
N75° 08' 39"W
S14° 44' 39"W
N76° 08' 24"W
S14° 12' 19"W
N74° 51' 40"W
N02° 25' 53"E
N02° 12' 07"W

41.20'

28.42'

48.55'
147.28'
130.00'

50.59'
248.68'
277.03'
179.46'
308.70'
342.80'

13.64'
187.89'
618.78'
415.10'
363.00'

72.50'
192.06'
226.26'
384.94'
N76° 34' 05"W
N04° 18' 08"W
N08° 08' 15"W
S73° 30' 20"W
N16° 32' 17"W
N25° 15' 31"W
N16° 29' 43"W
S47° 47' 04"W
N57° 33' 06"W
S72° 35' 01"W
N60° 32' 56"W
7° 48' 51"
N52° 44' 05"W
N12° 54' 31"E
N77° 17' 11"W
N12° 42' 49"E
N77° 17' 08"W
N74° 34' 34"W
2° 32' 22"
4° 59' 05"
100.00'
5105.05'
4424.52'
510.51'
243.53'
1351.88'
N77° 10' 42"W
N82° 49' 58"W
N00° 52' 51"W
657.90'

32.38'
395.63'
555.47'
387.31'

35.42'

69.39'
109.56'
660.27'
S71° 57' 09"W
S21° 16' 21"E
S81° 40' 33"W
S18° 25' 55"E
S17° 21' 18"E
S44° 55' 21"E
S21° 18' 55"E
S14° 05' 12"E
S75° 27' 27"W

99.74'

60.26'
116.91'
155.56'

38.90'
197.93'
106.08'

78.69'

93.92'

92.47'

47.55'
165.56'

50.00'
238.87'
118.19'

17.79'
175.29'
S17° 56' 38"E
S19° 03' 59"E
S16° 47' 15"E
22° 16' 54"
S39° 04' 10"E
N56° 48' 44"E
S37° 22' 28"E
S22° 31' 49"E
S88° 05' 49"E
S04° 49' 50"W
S85° 10' 07"E
S70° 51' 03"E
N36° 41' 51"E
S53° 18' 13"E
S18° 20' 47"E
N47° 37' 16"E
S26° 29' 58"E
400.00'
DETAIL "I"
SCALE: 1" = 30'
105
006-361-24
006-511-01 006-511-06
104
102
103
101

12.38 RANCHO LA CARBONERA
SECTION 12, T. 11 S, R. 2 W., M.D.B. & M.

RANCHO DE LA CANADA DEL RINCON EN EL RIO SAN LORENZO DE SANTA CRUZ SECTION 12, T. 11 S, R. 2 W., M.D.B. & M.

RANCHO DE LA CANADA DEL RINCON EN EL RIO SAN LORENZO DE SANTA CRUZ SECTION 11, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 11, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 12, T. 11 S, R. 2 W., M.D.B. & M.
136
136
137
138
139
140
144
148
149
151
142
143
150
147
146
145
152
153
154
155
161
160
159
158
157
156
169
162
166
163
165
164
167
168
170
171
172
177
178
179
180
181
182
183
184
185
Encinal Street
Pioneer Street
173
174
175
176
Sylvania Street
001-171-17 001-171-20
001-171-18
001-171-18
001-171-04 001-033-02
001-033-03
001-172-08
001-172-18
001-172-14
Du Bois Street
Du Bois Street
Coral Street 008-172-18 River Street
State Highway 1
008-181-26
008-181-21
Limekiln Street
Fern Street
Encinal Street
Post Street
001-041-17
008-021-20
001-033-03
001-033-04
001-033-05
001-033-15
001-033-12
001-033-08
001-033-09
001-033-10
Fern Street
Encinal Street
River Street
008-021-40
008-021-34
008-021-37
Golf Club Drive
008-013-03
008-013-07
008-013-01
008-032-01
008-011-08
008-011-14
008-011-11
008-011-12
008-011-03
Vernon Street
Tait Street
San Lorenzo River
Ocean Street
Crossing Street Graham Hill Road
008-661-07
008-661-15
008-661-11
001-172-09
141
SHEET 8 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

Legend

ENHANCED INFRASTRUCTURE FINANCING DISTRICT
INDICATES DATA TABLE NUMBER 0 50 100 150 300
SCALE: 1" = 150'
1 MATCHLINE (SEE SHEET 9)
MATCHLINE (SEE SHEET 7)
PARCEL AREA "B"
136
137
140
141
142
143
144
145
146
147
148
149
150
151
152
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
138
139
153
154
155
156
157
158
159
160
161
162
163
166
167
168
164
165
169
185
1351.88'
701.65'

83.25'
109.04'
139.52'
107.22'
248.40'
418.48'
160.32'
122.21'

99.88'

85.92'

72.11'
185.73'

87.00'
108.94'

77.55'
155.51'
N00° 52' 51"W
S85° 17' 44"E
S55° 52' 58"E
N42° 28' 05"E
N34° 17' 21"E
N27° 36' 23"E
S65° 48' 21"E
S73° 11' 28"E
N72° 34' 57"E
S81° 42' 01"E
S77° 17' 17"E
S67° 33' 56"E
S76° 03' 48"E
S71° 25' 03"E
N16° 26' 39"W
S87° 51' 36"E
S80° 06' 14"E
S28° 56' 07"E
265.56'
175.46'
450.17'
219.64'
316.99'
384.36'
360.14'
391.85'
492.63'

41.36'

40.85'
113.58'
204.81'
185.86'
572.79'
257.89'
188.43'

94.19'
172.33'

30.00'
N82° 29' 49"E
N68° 30' 33"E
N23° 24' 34"W
N84° 03' 25"W
N16° 29' 21"W
S73° 26' 26"W
N16° 19' 38"W
N73° 31' 18"E
S40° 16' 06"E
N28° 12' 41"E
S60° 49' 35"E
N29° 10' 25"E
51° 14' 01"
S64° 14' 17"W
S23° 21' 13"E
N65° 35' 47"E
S17° 23' 18"E
S22° 27' 33"E
S17° 00' 09"E
S85° 22' 01"E
229.04'

20.00'

25.00'

12.69'
215.55'
153.00'

53.00'
197.82'
266.28'
156.00'
149.56'
171.90'
541.45'
S19° 51' 13"E
S21° 48' 51"W
S61° 42' 59"W
S20° 47' 24"E
S18° 16' 33"E
S16° 00' 34"E
S11° 33' 52"E
S12° 59' 20"E
N87° 01' 24"E
N65° 31' 22"E
N70° 09' 08"E
N74° 39' 30"E
170
172
173
174
175
176
177
178
179
180
181
182
183
184
185
171

12.39 185
448
447
446
441
435
442
443
444
445
440
439
438
437
436
434
433
432
431
429
428
427
426
425
423
424
422
421
420
419
418
417
416
430
186
203
207
210
216
187
189
191
190
192
193
194
195
197
199
200
204
205
188
196
198
201
202
206
208
209
212
211
213
214
215
316
315
284
286
299
300
290
287 285
289
291
293
288
295
296
294
297
298
301
303
304
305
314 306
313
307
San Lorenzo River
005-261-25
Water Street
Ocean Street
Ocean Street
SEE DETAIL "L"
State Highway 1
Felker Street
Plymouth Street
Ocean Street 008-181-17
008-181-16
Franklin Street
Hunolt Street
Kennan Street
Pryce Street
008-182-26
008-182-05
008-182-39
008-231-42
008-231-44
008-082-01
008-551-17
State Highway 17
Grant Street
Coulson Avenue
008-551-18
State Highway 17
008-551-13
008-241-25
008-241-10
008-242-22 Glenwood Street
Washburn Street
May Avenue
May Avenue
Hubbard Street
008-251-21
008-251-01
008-253-20
008-253-01
008-253-12
Market Street
Market Street
Curtis Street
Curtis Street
Curtis Street
008-232-12
008-232-13
008-232-14
008-232-15
008-232-16
008-541-03
008-541-04
008-302-19
008-302-20
008-303-01
008-303-16
Blaine Street
Coloma Street
008-322-43
008-322-17
008-323-05
008-323-02
008-323-04
008-323-06
008-331-04
008-331-03
008-331-02
008-331-37
008-331-40
008-331-36
008-331-05
008-331-06
008-331-07
008-331-08
008-332-24
008-332-23
008-332-22
008-332-34
008-332-35
Branciforte Creek Channel
Branciforte Creek Channel
Hubbard Street
009-201-30
008-333-10
009-201-31
009-201-26
009-201-27
009-201-28
009-201-29
009-201-09
Reed Way
009-212-29
Water Street
North Branciforte Avenue
009-212-37
009-212-33
009-212-34
009-212-38
009-212-31
009-212-35
009-212-36
009-212-30
Belvedere Ter
010-031-15
010-031-79 010-042-31
Doyle Street
010-031-38
010-031-54
010-031-62
010-031-72
010-031-39
Hugus Avenue
010-031-76
010-031-64
010-031-72
005-252-36
005-252-37
005-252-35
005-251-04
005-251-05
005-251-06
Leonard Street
008-181-26
008-551-14
SECTION 12, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 7, T. 11 S, R. 1 W., M.D.B. & M.

SECTION 12, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 13, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 7, T. 11 S, R. 1 W., M.D.B. & M.

SECTION 18, T. 11 S, R. 1 W., M.D.B. & M.
312
008-332-10
292
302 Sunnyside Avenue
008-323-03
SHEET 9 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

Legend

ENHANCED INFRASTRUCTURE FINANCING DISTRICT
INDICATES DATA TABLE NUMBER 0 50 100 150 300
SCALE: 1" = 150'
1 MATCHLINE (SEE SHEET 10)
MATCHLINE (SEE SHEET 6)
PARCEL AREA "B"
MATCHLINE (SEE SHEET 8) MATCHLINE (SEE SHEET 7)
185
186
189
190
191
192
193
194
195
196
197
198
199
200
201
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
187
188
202
203
204
205
206
207
208
209
210
211
212
215
216
213
214
284
285
288
289
290
291
292
293
294
295
296
297
298
299
300
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
286
287
301
302
303
304
305
306
307
308
309
310
311
314
315
316
312
313
416
417
420
421
422
423
424
425
426
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
418
419
427
428
431
432
433
434
435
436
437
429
430
438
439
440
441
442
443
446
447
448
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
444
445
541.45'
124.86'
517.14'

4.00'

98.25'
N74° 39' 30"E
S78° 02' 55"W
S06° 22' 50"E
N83° 31' 30"E
S06° 29' 58"E

67.24'

91.80'

15.30'
125.04'
315.33'
318.55'
183.34'
112.50'
201.33'
370.66'

74.65'
363.30'

48.60'

86.76'

23.75'
258.43'

8.26'

84.67'
150.38'

58.00'
S49° 27' 47"E
S06° 45' 30"E
S81° 43' 34"W
S06° 45' 35"E
N81° 43' 30"E
S07° 14' 03"E
N86° 27' 09"E
S03° 29' 29"E
S02° 00' 29"E
N68° 48' 03"E
N31° 08' 52"E
N80° 42' 15"E
5° 34' 08"
S09° 33' 43"E
90° 43' 51"
N79° 42' 26"E
N43° 27' 01"E
29° 23' 49"
N78° 43' 49"E
N11° 33' 47"W
500.00'

15.00'
165.02'

30.00'

50.00'
116.86'

50.00'
520.33'
N78° 21' 50"E
S11° 38' 20"E
N78° 21' 43"E
N11° 33' 50"W
N78° 21' 27"E
733.33'

74.78'
180.00'

50.00'
216.09'
132.49'

10.25'
188.90'
N84° 31' 21"W
S20° 17' 41"W
N69° 45' 37"W
S20° 17' 45"W
N69° 45' 38"W
S22° 14' 37"W
N69° 45' 52"W
S22° 17' 17"W

87.27'

50.11'

12.00'
104.55'

75.17'

75.86'

18.69'
215.30'

98.07'
146.91'
105.20'
349.65'
108.61'

49.11'
149.60'
243.18'

85.36'

21.00'

4.28'

98.63'
N69° 45' 38"W
S27° 58' 15"W
S62° 26' 37"E
S40° 57' 00"W
S14° 34' 54"W
N63° 49' 09"W
S26° 53' 49"W
54° 44' 47"
N69° 42' 18"W
N74° 33' 16"W
S18° 27' 25"W
135° 21' 39"
S20° 56' 12"E
S85° 28' 49"W
N20° 56' 13"W
146° 40' 01"
N26° 59' 14"W
S63° 50' 52"W
N27° 27' 32"W
S64° 04' 57"W
225.32'
148.00'

95.00'
146.57'
239.75'
170.47'

15.22'
189.65'
S07° 11' 23"E
S76° 00' 47"W
S15° 19' 04"E
S29° 32' 18"E
S17° 24' 05"E
1566.17' 23° 00' 37" 628.98'

20.95'

44.50'

29.86'
149.51'
104.94'
299.75'
270.18'
141.66'

50.00'

76.54'

68.39'
155.62'

60.00'

99.92'
100.00'

96.49'
159.76'

77.48'
268.00'
217.12'
N09° 52' 03"E
N04° 33' 56"E
N57° 43' 22"E
17° 07' 59"
N74° 51' 21"E
N17° 30' 52"W
N72° 09' 45"E
N18° 29' 12"W
S71° 13' 12"W
N18° 29' 12"W
N71° 13' 14"E
N16° 38' 36"W
N17° 08' 54"W
N16° 51' 37"W
S73° 08' 22"W
N16° 51' 37"W
S70° 09' 43"W
N18° 09' 37"W
N70° 06' 54"E
N16° 31' 08"W
500.00' 39.76'
120.95'

26.13'

98.48'

50.00'
189.65'
123.92'

19.06'
133.67'
154.37'
289.97'
657.90'
N09° 06' 42"W
N19° 10' 37"W
N36° 05' 38"W
N18° 39' 39"W
N70° 32' 31"E
N18° 39' 40"W
N18° 42' 49"W
N05° 26' 01"W
N18° 39' 40"W
S71° 55' 28"W
N18° 04' 32"W
S71° 57' 09"W
DETAIL "K"
SCALE: 1" = 40'
312
005-252-36
005-252-37
005-252-35
311
309
310
308
307
937.32'
371.49'
S80° 39' 34"E
S03° 32' 21"W

12.40 216
217
218
219
223 224
225
227
229 230
231
226
232
233
234
235
236
237
238
239
240
242
228
243
244
250
251
252
260
261
263
284
283
282
245
246
247
259
281
280
278
279
276
274
271
269
268
277
275
270
273
267
266
265
264
258
257 253
254
255
256
262
Pine Street
North Branciforte Avenue
Water Street
Pennsylvania Avenue
Cayuga Street
Seabright Avenue
Sumner Street
Poplar Avenue
Stanford Avenue
Morrissey Boulevard
Soquel Street
Soquel Street
Water Street
Dake Avenue
Melrose Avenue
Harrison Avenue
Magnolia Street
Catalpa Street
Hanover Street
Effey Street
Darwin Street
Seabright Avenue
Benito Avenue
Benito Avenue
Benito Avenue
Doyle Street
Hanover Street
009-234-62
009-234-25
009-234-60
009-234-59
009-233-17
009-233-14
009-233-21
009-233-11
009-233-10
009-233-20
009-244-18
009-244-12
009-244-13
009-243-26
009-243-12
009-243-11
009-243-27
009-242-13
009-242-26
009-253-25
011-023-01
011-025-01
011-024-30
011-025-09
011-012-38
011-012-36
011-012-30
011-012-15
011-291-01
011-291-02
011-291-03
010-081-10
010-081-04
010-081-09
010-081-03
010-081-01
010-081-02
010-072-77
010-072-03
010-072-75
010-072-01
010-022-15
010-022-11
010-041-10
010-041-09
010-042-21 010-042-38
010-042-37
010-042-36
010-042-34
010-042-15
010-042-13
010-042-12
010-042-11
011-261-07
011-261-15
011-261-14
011-261-03
010-042-39
010-042-03
010-042-04
010-042-01
010-042-31
011-291-10
011-291-07
011-291-08
011-291-09
249 248
SEE DETAIL "M"
SECTION 7, T. 11 S, R. 1 W., M.D.B. & M.

SECTION 18, T. 11 S, R. 1 W., M.D.B. & M. 241
011-291-11
Darwin Street
South Morrissey Avenue
272
SHEET 10 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

Legend

ENHANCED INFRASTRUCTURE FINANCING DISTRICT
INDICATES DATA TABLE NUMBER 0 50 100 150 300
SCALE: 1" = 150'
1 PARCEL AREA "B"
MATCHLINE (SEE SHEET 9)
216
217
220
221
222
223
224
225
226
227
228
229
230
231
232
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
218
219
233
234
235
236
237
238
239
240
241
242
243
246
247
248
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
244
245
250
251
252
253
254
255
256
257
258
Parcel "B" - Course Data Table
Course # Radius Delta / Direction Length
259
260
261
262
263
264
265
266
267
249
268
269
272
273
274
270
271
276
277
278
279
280
281
282
283
284
275
520.33'
101.94'

19.98'
734.91'

50.56'

3.00'

50.00'
109.56'

53.92'
300.31'

65.80'
310.06'

84.43'
275.99'

38.23'
167.69'
N78° 21' 27"E
S71° 54' 29"E
N14° 47' 59"E
S84° 11' 00"E
N04° 50' 09"W
N85° 23' 22"E
S04° 36' 58"E
N85° 23' 01"E
S72° 49' 17"E
N85° 12' 41"E
N04° 44' 42"W
N84° 56' 21"E
N04° 46' 59"W
N85° 10' 24"E
55° 58' 14"
N85° 52' 07"E

39.13'
377.88'
210.73'
156.60'
183.66'
S22° 04' 17"W
N86° 50' 25"E
S16° 44' 17"E
S73° 24' 34"W
151.64'
131.17'
129.26'

67.03'
145.52'
121.51'
167.29'
138.53'

20.00'
253.11'
132.56'
198.56'

71.13'
S16° 41' 42"E
S73° 26' 34"W
S73° 25' 51"W
S39° 02' 25"W
S73° 26' 26"W
S16° 38' 06"E
S73° 33' 12"W
S16° 38' 05"E
S73° 26' 25"W
N16° 38' 05"W
S73° 26' 26"W
S73° 25' 52"W
S41° 01' 25"W
264.42'

49.36'

45.00'

50.00'

30.00'

58.28'

87.09'
221.13'

60.11'
145.44'

64.51'
223.86'
118.80'

80.00'

61.52'

49.69'
153.89'

70.63'
150.00'

68.16'
S70° 45' 42"W
N26° 25' 29"W
S61° 10' 11"W
N28° 43' 33"W
S57° 06' 01"W
N26° 24' 41"W
S60° 02' 04"W
S15° 11' 31"E
S78° 15' 21"W
S71° 37' 10"W
N16° 01' 37"W
S74° 53' 58"W
N15° 12' 04"W
N31° 44' 34"W
N52° 33' 26"W
N69° 11' 41"W
N20° 18' 21"E
N65° 14' 29"E
N20° 17' 43"E
S69° 41' 39"E

56.16'

47.00'
154.50'

11.19'
268.41'
154.17'
341.48'
163.68'
135.79'

62.49'
346.88'
172.51'
733.33'
N38° 44' 35"E
N24° 09' 50"W
N66° 19' 16"E
N22° 38' 58"W
N88° 41' 53"E
N04° 12' 45"W
N86° 13' 13"E
N04° 30' 02"W
S85° 41' 17"W
N57° 21' 00"W
S86° 24' 05"W
S03° 44' 33"E
N84° 31' 21"W
DETAIL "M"
SCALE: 1" = 20'
009-233-20 009-244-18
219
221
220
223
222
251.24'
104.15'

72.56'
S17° 39' 12"E
S72° 23' 03"W
N17° 46' 25"W

12.41 24
008-101-16

THE POINT OF BEGINNING
S21°52'19"W 146.74'

THE INTERSECTION OF

EMELINE AVENUE & LEE STREET

LEE STREET
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 WENDELL STREET

SUTPHEN STREET

LEE STREET
STATE HIGHWAY 1

PACIFIC COAST HIGHWAY

FERNSIDE STREET

EMELINE AVENUE

JACKSON STREET

VIA HERMOSA

MONTE STREET

BARTIETT WAY

EMELINE STREET

BROOKSIDE AVENUE
SECTION 12, T. 11 S, R. 2 W., M.D.B. & M.

SECTION 7, T. 11 S, R. 1 W., M.D.B. & M.

SECTION 6, T. 11 S, R. 1 W., M.D.B. & M.

SECTION 7, T. 11 S, R. 1 W., M.D.B. & M.

RANCHO LA CARBONERA
SECTION 7, T. 11 S, R. 1 W., M.D.B. & M. RANCHO LA CARBONERA

RANCHO LA CARBONERA

RANCHO LA CARBONERA
SECTION 12, T. 11 S, R. 2 W., M.D.B. & M.

PACIFIC COAST HIGHWAY

COUNTY OF SANTA CRUZ CITY OF SANTA CRUZ

COUNTY OF SANTA CRUZ

CITY OF SANTA CRUZ

COUNTY OF SANTA CRUZ CITY OF SANTA CRUZ

EMELINE STREET

NORTH PLYMOUTH STREET

BELMONT STREET
SHEET 11 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

Legend

ENHANCED INFRASTRUCTURE FINANCING DISTRICT
INDICATES DATA TABLE NUMBER 0 50 100 150 300
SCALE: 1" = 150'
1 PARCEL AREA "C"
1 2
5 6
7 8
9 10
11 12
13 14
15 16
17 Course Data Table
Course # Radius Delta / Direction Length
3 4
18 19
20 21
22 23
24 302.28'
473.85'

84.36'
N13° 03' 06"E
019° 26' 23"
N46° 07' 33"E
024° 22' 13"
N74° 33' 26"W
N07° 33' 29"E
042° 58' 56"
S87° 31' 34"W
S01° 59' 11"E
N78° 15' 40"W
N01° 02' 22"W
N88° 29' 12"E
S42° 26' 23"E
S54° 53' 36"E
S00° 00' 55"W
S05° 23' 32"W
S28° 52' 41"E
S42° 09' 48"E
S32° 15' 22"E
S10° 25' 10"E
S05° 17' 18"E
S07° 03' 19"W
S14° 42' 15"W
N84° 35' 25"W
132.26'
102.56'
148.80'
201.55'
124.44'
155.39'

63.28'
114.89'

74.78'

41.91'
1144.42'

85.32'
308.40'
225.57'
160.21'
153.28'
132.00'
113.56'
100.38'
141.50'
104.86'
368.40'
202.30'
589.89'

12.42 SHEET 12 OF 12

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

THE CITY OF SANTA CRUZ
DRAWN BY: DGarman DATE: 2/03/26
CHECKED BY: RWest DATE: 2/03/26
RESOLUTION NO.:

PARCEL AREA "B"
12 13
16 17
18 19
20 21
22 23
24 25
26 27
28 Parcel "B" - Course Data Table - Sheet 5
Course # Radius Delta / Direction Length
14 15
29 30
31 32
33 34
35 36
37 38
39 42
43 44
45 46
47 48
49 50
51 52
53 54
Course # Radius Delta / Direction Length
40 41
55 56
57 58
59 60
61 62
63 64
65 68
Course # Radius Delta / Direction Length
66 67
491
492
495
496
497
498
499
500
501
502
503
504
505
506
507
Course # Radius Delta / Direction Length
493
494
508
509
510
511
512
513
514
515
516
517
518
521
522
523
524
525
526
527
528
529
530
531
532
533
Course # Radius Delta / Direction Length
519
520
534
535
536
537
538
539
540
541
542
543
544
547
Course # Radius Delta / Direction Length
545
546
569
570
Course # Radius Delta / Direction Length
571
572
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
253.51' 568
115.86'
200.82'
216.18'

43.78'
107.01'

19.46'

57.45'

93.89'

10.29'

9.56'

39.50'

82.86'

66.33'

17.83'
262.27'
111.89'
260.83'
251.57'
36° 05' 42"
N37° 47' 34"W
N33° 54' 26"W
N64° 14' 12"E
S07° 02' 41"E
S22° 31' 13"E
S48° 10' 43"W
S22° 31' 15"E
N48° 10' 38"E
N41° 49' 01"W
N14° 45' 28"E
N30° 02' 28"W
N48° 10' 38"E
N43° 18' 35"W
S75° 28' 31"W
N28° 57' 16"W
N09° 41' 38"W
N06° 41' 39"W
S85° 09' 58"W
402.41'
157.36'

62.85'
185.03'
N10° 14' 02"W
S69° 45' 44"W
N15° 13' 01"W

69.51'
273.33'
188.62'

30.54'
215.31'
213.33'
151.24'

45.00'
120.90'

5.48'
123.00'
162.56'
386.72'
263.34'

55.46'
234.73'
318.41'
135.68'

11.89'
154.92'
S74° 31' 14"W
N15° 17' 18"W
N25° 26' 57"W
S74° 30' 54"W
N15° 29' 06"W
N82° 55' 48"E
S06° 43' 57"E
S83° 16' 04"W
S06° 43' 55"E
N89° 32' 26"E
S15° 40' 57"E
N82° 47' 09"E
S10° 14' 02"E
N83° 14' 35"E
N06° 41' 39"W
N83° 14' 36"E
S06° 49' 32"E
24° 04' 06"
N51° 25' 49"E
S53° 58' 31"E
323.00'
173.19'

52.62'
262.96'

32.71'
280.30'

50.07'
120.67'
162.00'

14.76'
160.00'
106.00'

60.11'
594.58'
240.05'
251.48'
N33° 20' 00"E
40° 11' 54"
N05° 57' 52"W
S83° 28' 27"W
N05° 52' 38"W
N09° 43' 47"W
N06° 59' 09"W
S83° 14' 34"W
N06° 59' 17"W
S83° 14' 35"W
N06° 59' 07"W
N03° 15' 17"W
N10° 29' 18"W
S85° 41' 53"W
N10° 47' 41"W

75.00'
521.00'
136.31'
120.30'

91.15'
106.16'

96.53'
102.51'
S03° 51' 33"E
S10° 22' 21"E
S15° 51' 04"E
S15° 49' 38"E
S08° 59' 16"E
S06° 22' 15"E
S76° 42' 23"W
315.75'
199.47'

42.83'

14.46'

39.84'

77.06'
276.11'

17.45'
123.71'

16.52'
145.16'

10.10'
228.81'
165.59'

75.92'
458.06'

50.83'
116.16'

26.77'

49.20'
S40° 21' 32"E
S44° 54' 19"E
S50° 07' 23"E
S69° 24' 22"W
S73° 16' 27"E
S20° 22' 58"E
S69° 43' 48"W
S19° 56' 22"E
S54° 42' 02"W
S22° 31' 11"E
S47° 57' 42"W
S22° 48' 46"E
S50° 30' 39"W
S26° 34' 45"W
S24° 18' 41"E
S37° 12' 40"W
S20° 04' 02"E
S70° 07' 58"W
S20° 04' 04"E
S70° 07' 59"W
184.83'
725.25'
327.12'
319.94'
161.10'

15.45'
100.00'
384.31'
257.57'
100.31'

70.25'
440.43'

60.10'
410.49'

75.31'

64.02'

40.58'

39.09'

88.28'

74.66'
S40° 28' 20"E
N69° 47' 36"E
S20° 10' 17"E
N69° 49' 43"E
N20° 34' 09"W
S69° 49' 57"W
N20° 34' 06"W
N69° 54' 40"E
N20° 05' 26"W
N69° 54' 33"E
S20° 09' 12"E
N69° 54' 35"E
N21° 23' 07"E
N13° 56' 04"W
S89° 02' 54"E
S79° 44' 01"E
S59° 26' 51"E
S46° 23' 57"E
S78° 27' 42"E
N80° 05' 45"E

15.19'

39.43'

33.11'
445.14'

81.51'

98.84'

23.05'

19.49'

3.50'

7.45'

3.50'

24.63'

23.08'

97.81'

84.93'

78.77'
257.95'

90.12'
146.70'
160.00'
S72° 23' 38"E
S07° 21' 08"E
S18° 35' 50"W
S13° 48' 45"E
S18° 15' 15"E
S13° 39' 19"E
N75° 58' 57"E
S12° 20' 03"E
N75° 46' 25"E
S13° 46' 34"E
S78° 46' 05"W
S13° 51' 34"E
S76° 15' 51"W
S13° 30' 48"E
N75° 08' 08"E
S13° 52' 21"E
N76° 07' 39"E
S51° 22' 25"E
N38° 37' 35"E
S51° 45' 12"E
388.59'
492.74'
240.00'
153.09'

72.46'

71.94'

86.83'
488.00'
113.13'

18.83'

78.57'

20.57'

78.59'
369.02'
1294.57'
951.47'
N37° 53' 18"E
N51° 59' 07"W
N30° 02' 22"E
S83° 15' 58"E
27° 40' 36"
S55° 35' 22"E
S45° 34' 14"E
S25° 35' 19"E
S31° 45' 02"E
S11° 17' 51"E
S59° 36' 32"W
S34° 12' 32"E
S09° 07' 46"E
S01° 35' 28"W
S84° 26' 59"W
S75° 28' 57"W
150.00'
68 69
72 73
74 75
76 77
78 79
80 81
82 83
84 Parcel "B" - Course Data Table - Sheet 6
Course # Radius Delta / Direction Length
70 71
85 86
87 88
89 90
91 92
94 95
98 99
100
Course # Radius Delta / Direction Length
96 97
316
317
320
321
322
323
324
325
326
327
328
329
330
331
332
Course # Radius Delta / Direction Length
318
319
333
334
335
336
337
338
339
340
342
343
346
347
348
349
350
351
352
Course # Radius Delta / Direction Length
344
345
473
474
477
478
479
480
481
482
483
484
485
486
487
488
489
Course # Radius Delta / Direction Length
475
476
490
353
354
357
358
359
360
361
362
363
355
356
364
365
366
368
369
372
373
374
375
376
377
378
Course # Radius Delta / Direction Length
370
371
379
380
383
384
385
386
387
388
389
381
382
390
391
392
394
395
398
399
400
401
402
403
404
Course # Radius Delta / Direction Length
396
397
405
406
409
410
411
407
408
251.48'
240.25'
325.60'
242.11'
320.15'
447.57'
N10° 47' 41"W
N77° 19' 53"E
N10° 28' 25"W
S77° 05' 35"W
N13° 08' 40"W
N17° 08' 18"W
154.26'
102.02'
101.72'
102.03'
271.60'

42.57'
178.33'

21.86'
285.98'
287.69'
213.06'

89.40'

17.90'

80.01'

14.26'

38.81'

15.31'

75.15'

48.35'
N76° 44' 42"E
N13° 09' 35"W
N76° 44' 40"E
N12° 21' 17"W
S76° 44' 20"W
N10° 45' 20"W
29° 08' 05"
N20° 10' 52"E
N13° 07' 10"W
N77° 10' 28"E
N37° 43' 28"E
N08° 29' 45"E
N22° 18' 11"E
S85° 48' 04"E
S01° 51' 53"W
S87° 38' 39"E
87° 41' 31"
N04° 39' 50"E
N88° 15' 06"W
350.70'

10.00'

27.91'

29.94'

24.37'

12.00'

25.01'

38.91'

82.59'
N02° 02' 07"W
N01° 54' 46"W
93° 04' 26"
N04° 59' 12"W
N85° 00' 50"E
N03° 21' 24"W
N07° 05' 04"W

15.00'
189.65'
109.64'
471.61'

60.78'
176.47'
406.47'
140.23'
103.71'
145.30'
108.93'
286.30'

17.80'

62.64'
126.81'
120.72'

6.20'
S17° 24' 05"E
S85° 30' 13"W
S22° 49' 12"E
S32° 17' 28"E
S22° 48' 29"E
S18° 58' 39"E
N71° 11' 15"E
N18° 28' 36"W
N54° 55' 58"E
S45° 16' 53"E
N36° 34' 30"E
10° 11' 45"
N46° 46' 12"E
N43° 32' 06"W
N46° 03' 29"E
S47° 52' 09"E
100.00'

40.10'

60.21'
108.67'

13.52'

61.00'

22.00'

12.50'

59.76'

14.00'

23.82'

12.25'

40.90'

78.51'
342.59'
294.33'
216.89'
216.18'
187.58'
145.03'
N24° 43' 29"E
N72° 40' 55"W
N17° 52' 27"E
S72° 15' 32"E
S17° 52' 25"W
S72° 19' 16"E
S18° 20' 17"W
S72° 13' 11"E
N18° 20' 19"E
N56° 08' 57"E
S72° 15' 27"E
N18° 47' 26"E
S72° 15' 30"E
N20° 17' 43"E
S56° 38' 06"E
S14° 20' 19"E
S56° 48' 25"W
S17° 31' 59"E
S70° 49' 20"W

62.77'
122.37'

97.50'
122.65'
122.36'
379.80'

12.40'

17.81'
345.60'
135.30'
185.50'

59.90'
244.54'
150.29'
251.04'
123.79'
212.78'
182.50'
142.00'
S51° 54' 48"W
S70° 43' 53"W
N19° 11' 20"W
S70° 29' 53"W
N22° 43' 28"W
S36° 28' 30"W
7° 06' 25"
S43° 34' 55"W
S26° 59' 00"E
S65° 21' 57"W
S32° 43' 52"E
S43° 12' 20"E
S21° 45' 36"E
S65° 33' 41"W
S30° 50' 03"E
S19° 02' 25"E
S70° 57' 37"W
S18° 45' 47"E
N70° 57' 37"E
100.00'
200.20'

49.89'

80.00'
152.11'

40.97'

17.75'

4.81'

40.37'

19.33'

25.00'

76.96'

65.65'
184.22'
145.11'
450.04'
144.64'
217.65'

64.61'
184.54'

5.44'
S18° 45' 44"E
S70° 57' 37"W
S18° 45' 42"E
S70° 57' 36"W
N18° 45' 48"W
S74° 43' 46"W
S02° 33' 37"E
S74° 53' 33"W
S14° 27' 51"E
N87° 15' 02"W
N16° 16' 33"W
S81° 41' 23"W
N18° 42' 12"W
N70° 20' 06"E
N18° 45' 45"W
S70° 20' 08"W
N18° 42' 10"W
N51° 23' 27"W
N19° 00' 08"W
S70° 51' 39"W

30.08'

63.88'
110.48'
106.21'

78.61'

51.22'

43.06'

59.64'

79.09'

14.52'
234.57'
274.19'

50.00'
400.34'
211.48'
628.98'
N18° 34' 05"W
S73° 34' 35"W
S77° 05' 43"W
N11° 33' 26"W
N24° 54' 10"E
N28° 17' 10"W
81° 28' 18"
N60° 24' 14"E
N01° 25' 28"W
N73° 42' 39"E
N02° 51' 31"W
41° 05' 35"
N52° 02' 43"W
N17° 23' 02"W
S72° 45' 52"W
23° 00' 37"

30.28'
382.30'
1566.17'
175.29'

70.94'
598.74'
262.08'
S26° 29' 58"E
S09° 05' 44"W
S53° 09' 24"W
S36° 29' 16"E
145.21'

73.14'
214.96'
119.52'
172.87'
304.86'
628.53'
349.43'
214.24'
107.41'
239.78'
202.19'

65.14'
521.00'
N53° 12' 27"E
N40° 27' 48"W
N48° 26' 00"E
N37° 25' 37"W
N53° 09' 23"E
S38° 56' 20"E
S18° 45' 47"E
22° 14' 43"
S03° 28' 57"W
S13° 56' 39"W
S00° 46' 00"E
S02° 20' 57"W
S01° 06' 02"E
S03° 51' 33"E
900.00'
490
93 N02° 53' 32"E 115.96' 341 367 393
412
413
414
415
416
S72° 13' 08"E 55.55' S70° 57' 34"W 124.77' S71° 18' 11"W 171.80' 248.38'
198.08'
240.63'

54.60'

90.92'

16.00'
218.15'
S19° 43' 11"E
S60° 18' 41"W
N17° 16' 48"W
S59° 58' 09"W
N17° 28' 10"W
S58° 05' 38"W
N19° 57' 15"W
S76° 26' 11"W 134.18'
Parcel "B" - Course Data Table - Sheet 5 Parcel "B" - Course Data Table - Sheet 5 Parcel "B" - Course Data Table - Sheet 5 Parcel "B" - Course Data Table - Sheet 5 Parcel "B" - Course Data Table - Sheet 5 Parcel "B" - Course Data Table - Sheet 5 Parcel "B" - Course Data Table - Sheet 6 Parcel "B" - Course Data Table - Sheet 6 Parcel "B" - Course Data Table - Sheet 6 Parcel "B" - Course Data Table - Sheet 6 Parcel "B" - Course Data Table - Sheet 6 Parcel "B" - Course Data Table - Sheet 6

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers

SANTA CRUZ COUNTY PROJECT AREA

ENHANCED INFRASTRUCTURE FINANCING DISTRICT (EIFD)

GEOGRAPHIC DESCRIPTION
PARCEL AREA “A”
All that certain real property, situated in a portion of Sections 13, 14 and 23, in Township 11 South, Range 2 West, Mount Diablo Base and Meridian, in the County of Santa Cruz, State of California, more particularly described as follows:

BEGINNING at the intersection of Delaware Avenue and Swift Street, located in said Section 23; 1) thence S83°29'05"W, a distance of 999.79 feet;
2) thence N06°33'42"W, a distance of 184.37 feet;
3) thence N83°26'10"E, a distance of 5.00 feet;
4) thence N06°27'12"W, a distance of 744.45 feet;
5) thence N13°43'59"E, a distance of 410.80 feet;
6) thence S83°21'39"W, a distance of 178.88 feet;
7) thence N06°31'42"W, a distance of 98.79 feet;
8) thence N83°31'23"E, a distance of 132.00 feet;
9) thence N06°43'23"W, a distance of 230.14 feet;
10) thence N72°28'03"E, a distance of 386.38 feet;
11) thence S88°48'12"E, a distance of 502.69 feet;
12) thence N04°45'05"W, a distance of 343.02 feet;
13) thence N66°43'04"E, a distance of 681.70 feet;
14) thence N14°17'33"W, a distance of 29.18 feet;
15) thence N75°16'11"E, a distance of 40.61 feet;
16) thence N47°43'37"W, a distance of 21.93 feet;
17) thence N42°30'57"E, a distance of 200.08 feet;
18) thence N74°53'32"E, a distance of 58.84 feet;
19) thence S10°34'18"E, a distance of 140.09 feet;
20) thence N66°51'58"E, a distance of 217.84 feet;
21) thence N09°26'32"W, a distance of 110.62 feet;
22) thence N66°50'23"E, a distance of 59.40 feet;
23) thence S23°09'47"E, a distance of 110.00 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 24) thence N66°50'24"E, a distance of 100.00 feet;
25) thence S23°11'31"E, a distance of 8.74 feet;
26) thence N66°48'29"E, a distance of 290.78 feet;
27) thence N40°54'41"W, a distance of 65.13 feet;
28) thence N35°26'24"E, a distance of 133.01 feet;
29) thence S49°06'13"E, a distance of 100.22 feet;
30) thence N35°13'04"E, a distance of 255.54 feet;
31) thence N49°37'42"W, a distance of 36.95 feet;
32) thence N38°46'19"E, a distance of 100.04 feet;
33) thence S49°37'41"E, a distance of 42.93 feet;
34) thence N36°10'12"E, a distance of 145.07 feet;
35) thence N47°18'34"W, a distance of 63.24 feet;
36) thence N37°01'34"E, a distance of 50.70 feet;
37) thence S52°58'22"E, a distance of 44.97 feet;
38) thence S37°01'20"W, a distance of 7.70 feet;
39) thence S52°58'50"E, a distance of 8.00 feet;
40) thence N37°01'34"E, a distance of 25.94 feet;
41) thence S53°03'27"E, a distance of 2.80 feet;
42) thence N37°01'34"E, a distance of 35.12 feet;
43) thence N53°03'13"W, a distance of 2.80 feet;
44) thence N37°02'36"E, a distance of 15.68 feet;
45) thence N26°10'04"E, a distance of 52.08 feet;
46) thence N35°56'22"E, a distance of 124.96 feet;
47) thence N48°38'52"W, a distance of 349.39 feet;
48) thence N35°25'36"E, a distance of 91.70 feet;
49) thence S54°42'35"E, a distance of 64.10 feet;
50) thence N35°25'38"E, a distance of 120.25 feet;
51) thence S54°42'32"E, a distance of 245.44 feet;
52) thence N34°39'01"E, a distance of 113.01 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 53) thence S54°42'25"E, a distance of 3.83 feet;
54) thence N35°23'18"E, a distance of 253.76 feet;
55) thence S54°42'37"E, a distance of 23.96 feet;
56) thence N35°23'17"E, a distance of 58.75 feet;
57) thence N39°21'10"E, a distance of 15.04 feet;
58) thence N35°17'49"E, a distance of 149.98 feet;
59) thence S54°47'22"E, a distance of 22.37 feet;
60) thence N35°25'25"E, a distance of 175.81 feet;
61) thence S54°34'30"E, a distance of 50.00 feet;
62) thence N35°25'30"E, a distance of 115.00 feet;
63) thence S54°13'15"E, a distance of 39.75 feet;
64) thence N35°46'45"E, a distance of 165.46 feet;
65) thence S54°41'08"E, a distance of 50.00 feet;
66) thence N35°46'49"E, a distance of 115.36 feet;
67) thence N41°23'15"E, a distance of 48.23 feet;
68) thence N35°46'45"E, a distance of 135.45 feet;
69) thence N56°42'28"W, a distance of 32.28 feet;
70) thence N32°50'02"E, a distance of 113.73 feet;
71) thence N57°23'51"W, a distance of 38.06 feet;
72) thence N32°50'02"E, a distance of 113.16 feet;
73) thence N55°42'20"E, a distance of 61.23 feet;
74) thence N32°40'21"E, a distance of 165.88 feet;
75) thence S57°51'20"E, a distance of 22.19 feet;
76) thence N32°10'14"E, a distance of 148.00 feet;
77) thence N54°58'36"E, a distance of 54.25 feet;
78) thence N28°33'11"E, a distance of 102.14 feet;
79) thence N67°15'10"W, a distance of 10.07 feet;
80) thence N44°23'52"W, a distance of 45.20 feet;
81) thence N28°47'39"W, a distance of 53.40 feet;
82) thence N40°32'42"W, a distance of 44.45 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 83) thence N28°33'10"E, a distance of 133.87 feet;
84) thence S61°25'17"E, a distance of 250.00 feet;
85) thence S62°29'22"E, a distance of 65.01 feet;
86) thence S61°36'08"E, a distance of 137.33 feet;
87) thence S28°23'51"W, a distance of 50.00 feet;
88) thence S61°36'05"E, a distance of 50.00 feet;
89) thence S28°23'51"W, a distance of 99.65 feet;
90) thence N61°36'11"W, a distance of 79.34 feet;
91) thence S19°29'19"W, a distance of 109.41 feet;
92) thence S42°45'16"W, a distance of 54.43 feet;
93) thence S19°36'28"W, a distance of 104.64 feet;
94) thence S70°44'26"E, a distance of 9.85 feet;
95) thence S19°29'23"W, a distance of 52.70 feet;
96) thence S53°49'44"W, a distance of 12.14 feet;
97) thence S08°37'47"W, a distance of 163.63 feet;
98) thence S63°09'25"W, a distance of 67.21 feet;
99) thence S11°32'52"W, a distance of 167.73 feet;
100) thence N77°25'04"W, a distance of 58.74 feet;
101) thence S15°58'36"W, a distance of 137.82 feet;
102) thence N81°45'12"W, a distance of 156.12 feet;
103) thence S08°14'48"W, a distance of 149.96 feet;
104) thence S44°52'39"W, a distance of 85.86 feet;
105) thence N49°26'43"W, a distance of 159.50 feet;
106) thence S53°21'02"W, a distance of 165.21 feet;
107) thence S50°45'01"W, a distance of 40.64 feet;
108) thence S49°26'44"E, a distance of 104.14 feet;
109) thence S40°33'18"W, a distance of 100.00 feet;
110) thence S49°26'50"E, a distance of 50.00 feet;
111) thence S40°33'10"W, a distance of 19.56 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 112) thence S49°21'18"E, a distance of 9.10 feet;
113) thence S39°43'18"W, a distance of 120.79 feet;
114) thence N49°20'10"W, a distance of 212.39 feet;
115) thence S32°58'26"W, a distance of 80.17 feet;
116) thence S36°10'21"W, a distance of 446.64 feet;
117) thence S48°59'22"E, a distance of 150.94 feet;
118) thence S35°34'22"W, a distance of 74.50 feet;
119) thence S49°39'32"E, a distance of 2.50 feet;
120) thence S35°34'25"W, a distance of 270.15 feet;
121) thence N54°45'06"W, a distance of 65.00 feet;
122) thence S37°39'17"W, a distance of 60.05 feet;
123) thence S35°05'50"W, a distance of 295.34 feet;
124) thence S54°54'09"E, a distance of 200.30 feet;
125) thence S35°19'15"W, a distance of 124.38 feet;
126) thence N54°45'41"W, a distance of 190.00 feet;
127) thence S35°19'15"W, a distance of 124.61 feet;
128) thence S36°47'57"W, a distance of 50.02 feet;
129) thence S35°19'14"W, a distance of 249.47 feet;
130) thence S35°17'20"W, a distance of 50.02 feet;
131) thence S54°42'37"E, a distance of 99.97 feet;
132) thence S35°19'14"W, a distance of 124.94 feet;
133) thence N54°40'45"W, a distance of 83.70 feet;
134) thence S06°27'11"E, a distance of 243.75 feet;
135) thence N82°59'29"E, a distance of 47.50 feet;
136) thence S54°32'33"E, a distance of 332.02 feet;
137) thence S63°24'08"W, a distance of 136.11 feet;
138) thence S65°55'21"W, a distance of 177.11 feet;
139) thence S67°56'24"W, a distance of 51.92 feet;
140) thence N06°45'37"W, a distance of 209.91 feet;
141) thence S83°08'24"W, a distance of 357.34 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 142) thence S06°11'38"E, a distance of 269.81 feet;
143) thence S74°42'05"W, a distance of 153.58 feet;
144) thence N06°12'48"W, a distance of 534.77 feet;
145) thence S66°15'20"W, a distance of 245.04 feet;
146) thence S10°36'27"E, a distance of 738.22 feet;
147) thence S79°23'33"W, a distance of 42.09 feet;
148) thence S10°36'27"E, a distance of 78.21 feet;
149) thence S79°19'07"W, a distance of 938.97 feet;
150) thence S11°18'08"E, a distance of 161.50 feet;
151) thence S06°24'25"E a distance of 850.32 feet to the POINT OF BEGINNING.

Containing 101.76 acres more or less.

PARCEL AREA “B”
All that certain real property, situated in a portion of the Rancho Potrero y Rincon de San Pedro de Reglado, Sections 11, 12, 13 and 24, in Township 11 South, Range 2 West, and Sections 7, 18 and 19, in Township 11 South, Range 1 West, Mount Diablo Base and Meridian, in the County of Santa Cruz, State of California, more particularly described as follows:

BEGINNING at the intersection of Bay Street and Lighthouse Avenue, located in said Section 24; 1) thence S61°33'31"W, a distance of 352.17 feet;
2) thence N23°12'17"W, a distance of 78.86 feet;
3) thence N54°53'27"E, a distance of 47.99 feet;
4) thence N51°07'46"E, a distance of 51.99 feet;
5) thence N27°42'49"W, a distance of 10.63 feet;
6) thence N35°03'06"E, a distance of 112.14 feet;
7) thence N61°40'29"E, a distance of 23.99 feet;
8) thence N26°39'40"E, a distance of 56.54 feet;
9) thence N24°51'03"E, a distance of 292.14 feet to the beginning of a tangential curve, 10) turning to the right, along the arc of said curve, with a radius of 450.00 feet, through a central angle of 67°59'41", having a radial bearing of N65°08'57"W, and an arc distance of 534.03 feet to a point of intersection with a non-tangential line;
11) thence N13°21'44"E, a distance of 59.38 feet to the beginning of a non-tangential curve, 12) turning to the right, along the arc of said curve, with a radius of 402.41 feet, through a central angle of 36°05'42", having a radial bearing of S21°25'56"W, and an arc distance of 253.51 feet to a

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers point of intersection with a non-tangential line;
13) thence N37°47'34"W, a distance of 115.86 feet;
14) thence N33°54'26"W, a distance of 200.82 feet;
15) thence N64°14'12"E, a distance of 216.18 feet;
16) thence S07°02'41"E, a distance of 43.78 feet;
17) thence S22°31'13"E, a distance of 107.01 feet;
18) thence S48°10'43"W, a distance of 19.46 feet;
19) thence S22°31'15"E, a distance of 57.45 feet;
20) thence N48°10'38"E, a distance of 93.89 feet;
21) thence N41°49'01"W, a distance of 10.29 feet;
22) thence N14°45'28"E, a distance of 9.56 feet;
23) thence N30°02'28"W, a distance of 39.50 feet;
24) thence N48°10'38"E, a distance of 82.86 feet;
25) thence N43°18'35"W, a distance of 66.33 feet;
26) thence S75°28'31"W, a distance of 17.83 feet;
27) thence N28°57'16"W, a distance of 262.27 feet;
28) thence N09°41'38"W, a distance of 111.89 feet;
29) thence N06°41'39"W, a distance of 260.83 feet;
30) thence S85°09'58"W, a distance of 251.57 feet;
31) thence N10°14'02"W, a distance of 157.36 feet;
32) thence S69°45'44"W, a distance of 62.85 feet;
33) thence N15°13'01"W, a distance of 185.03 feet;
34) thence S74°31'14"W, a distance of 69.51 feet;
35) thence N15°17'18"W, a distance of 273.33 feet;
36) thence N25°26'57"W, a distance of 188.62 feet;
37) thence S74°30'54"W, a distance of 30.54 feet;
38) thence N15°29'06"W, a distance of 215.31 feet;
39) thence N82°55'48"E, a distance of 213.33 feet;
40) thence S06°43'57"E, a distance of 151.24 feet;
41) thence S83°16'04"W, a distance of 45.00 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 42) thence S06°43'55"E, a distance of 120.90 feet;
43) thence N89°32'26"E, a distance of 5.48 feet;
44) thence S15°40'57"E, a distance of 123.00 feet;
45) thence N82°47'09"E, a distance of 162.56 feet;
46) thence S10°14'02"E, a distance of 386.72 feet;
47) thence N83°14'35"E, a distance of 263.34 feet;
48) thence N06°41'39"W, a distance of 55.46 feet;
49) thence N83°14'36"E, a distance of 234.73 feet;
50) thence S06°49'32"E, a distance of 318.41 feet to the beginning of a non-tangential curve, 51) turning to the right, along the arc of said curve, with a radius of 323.00 feet, through a central angle of 24°04'06", having a radial bearing of N62°38'17"W, and an arc distance of 135.68 feet; 52) thence N51°25'49"E, a distance of 11.89 feet;
53) thence S53°58'31"E, a distance of 154.92 feet;
54) thence N33°20'00"E, a distance of 173.19 feet to the beginning of a tangential curve, 55) turning to the left, along the arc of said curve, with a radius of 75.00 feet, through a central angle of 40°11'54", having a radial bearing of S56°40'00"E, and an arc distance of 52.62 feet to a point of intersection with a non-tangential line;
56) thence N05°57'52"W, a distance of 262.96 feet;
57) thence S83°28'27"W, a distance of 32.71 feet;
58) thence N05°52'38"W, a distance of 280.30 feet;
59) thence N09°43'47"W, a distance of 50.07 feet;
60) thence N06°59'09"W, a distance of 120.67 feet;
61) thence S83°14'34"W, a distance of 162.00 feet;
62) thence N06°59'17"W, a distance of 14.76 feet;
63) thence S83°14'35"W, a distance of 160.00 feet;
64) thence N06°59'07"W, a distance of 106.00 feet;
65) thence N03°15'17"W, a distance of 60.11 feet;
66) thence N10°29'18"W, a distance of 594.58 feet;
67) thence S85°41'53"W, a distance of 240.05 feet;
68) thence N10°47'41"W, a distance of 251.48 feet;
69) thence N77°19'53"E, a distance of 240.25 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 70) thence N10°28'25"W, a distance of 325.60 feet;
71) thence S77°05'35"W, a distance of 242.11 feet;
72) thence N13°08'40"W, a distance of 320.15 feet;
73) thence N17°08'18"W, a distance of 447.57 feet;
74) thence N76°44'42"E, a distance of 154.26 feet;
75) thence N13°09'35"W, a distance of 102.02 feet;
76) thence N76°44'40"E, a distance of 101.72 feet;
77) thence N12°21'17"W, a distance of 102.03 feet;
78) thence S76°44'20"W, a distance of 271.60 feet;
79) thence N10°45'20"W, a distance of 42.57 feet to the beginning of a tangential curve, 80) turning to the right, along the arc of said curve, with a radius of 350.70 feet, through a central angle of 29°08'05", having a radial bearing of S79°15'39"W, and an arc distance of 178.33 feet to a point of intersection with a non-tangential line;
81) thence N20°10'52"E, a distance of 21.86 feet;
82) thence N13°07'10"W, a distance of 285.98 feet;
83) thence N77°10'28"E, a distance of 287.69 feet;
84) thence N37°43'28"E, a distance of 213.06 feet;
85) thence N08°29'45"E, a distance of 89.40 feet;
86) thence N22°18'11"E, a distance of 17.90 feet;
87) thence S85°48'04"E, a distance of 80.01 feet;
88) thence S01°51'53"W, a distance of 14.26 feet;
89) thence S87°38'39"E, a distance of 38.81 feet to the beginning of a tangential curve, 90) turning to the left, along the arc of said curve, with a radius of 10.00 feet, through a central angle of 87°41'31", having a radial bearing of S02°21'21"W, and an arc distance of 15.31 feet; 91) thence N04°39'50"E, a distance of 75.15 feet;
92) thence N88°15'06"W, a distance of 48.35 feet;
93) thence N02°53'32"E, a distance of 115.96 feet;
94) thence N02°02'07"W, a distance of 27.91 feet;
95) thence N01°54'46"W, a distance of 29.94 feet to the beginning of a tangential curve, 96) turning to the left, along the arc of said curve, with a radius of 15.00 feet, through a central angle of 93°04'26", having a radial bearing of N88°05'14"E, and an arc distance of 24.37 feet to a point of intersection with a non-tangential line;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 97) thence N04°59'12"W, a distance of 12.00 feet;
98) thence N85°00'50"E, a distance of 25.01 feet;
99) thence N03°21'24"W, a distance of 38.91 feet;
100) thence N07°05'04"W, a distance of 82.59 feet;
101) thence N04°39'50"E, a distance of 109.59 feet;
102) thence N85°20'07"W, a distance of 30.83 feet;
103) thence N06°25'41"E, a distance of 27.11 feet;
104) thence S80°46'33"W, a distance of 27.72 feet;
105) thence N51°11'12"W, a distance of 165.07 feet;
106) thence N07°16'43"W, a distance of 30.99 feet;
107) thence N75°08'39"W, a distance of 124.42 feet;
108) thence S14°44'39"W, a distance of 47.93 feet;
109) thence N76°08'24"W, a distance of 209.04 feet;
110) thence S14°12'19"W, a distance of 57.96 feet;
111) thence N74°51'40"W, a distance of 77.12 feet;
112) thence N02°25'53"E, a distance of 110.22 feet;
113) thence N02°12'07"W, a distance of 122.59 feet;
114) thence N76°34'05"W, a distance of 41.20 feet;
115) thence N04°18'08"W, a distance of 28.42 feet;
116) thence N08°08'15"W, a distance of 48.55 feet;
117) thence S73°30'20"W, a distance of 147.28 feet;
118) thence N16°32'17"W, a distance of 130.00 feet;
119) thence N25°15'31"W, a distance of 50.59 feet;
120) thence N16°29'43"W, a distance of 248.68 feet;
121) thence S47°47'04"W, a distance of 277.03 feet;
122) thence N57°33'06"W, a distance of 179.46 feet;
123) thence S72°35'01"W, a distance of 308.70 feet;
124) thence N60°32'56"W, a distance of 342.80 feet to the beginning of a tangential curve, 125) turning to the right, along the arc of said curve, with a radius of 100.00 feet, through a central angle of 7°48'51", having a radial bearing of S29°27'04"W, and an arc distance of 13.64 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 126) thence N52°44'05"W, a distance of 187.89 feet;
127) thence N12°54'31"E, a distance of 618.78 feet;
128) thence N77°17'11"W, a distance of 415.10 feet;
129) thence N12°42'49"E, a distance of 363.00 feet;
130) thence N77°17'08"W, a distance of 72.50 feet;
131) thence, N74°34'34"W, a distance of 192.06 feet to the beginning of a non-tangential curve, 132) turning to the right, along the arc of said curve, with a radius of 5,105.05 feet, through a central angle of 2°32'22", having a radial bearing of S16°49'48"W, and an arc distance of 226.26 feet to the beginning of a non-tangential curve,
133) turning to the left, along the arc of said curve, with a radius of 4,424.52 feet, through a central angle of 4°59'05", having a radial bearing of N18°21'05"E, and an arc distance of 384.94 feet to a point of intersection with a non-tangential line;
134) thence N77°10'42"W, a distance of 510.51 feet;
135) thence N82°49'58"W, a distance of 243.53 feet;
136) thence N00°52'51"W, a distance of 1,351.88 feet;
137) thence S85°17'44"E, a distance of 701.65 feet;
138) thence S55°52'58"E, a distance of 83.25 feet;
139) thence N42°28'05"E, a distance of 109.04 feet;
140) thence N34°17'21"E, a distance of 139.52 feet;
141) thence N27°36'23"E, a distance of 107.22 feet;
142) thence S65°48'21"E, a distance of 248.40 feet;
143) thence S73°11'28"E, a distance of 418.48 feet;
144) thence N72°34'57"E, a distance of 160.32 feet;
145) thence S81°42'01"E, a distance of 122.21 feet;
146) thence S77°17'17"E, a distance of 99.88 feet;
147) thence S67°33'56"E, a distance of 85.92 feet;
148) thence S76°03'48"E, a distance of 72.11 feet;
149) thence S71°25'03"E, a distance of 185.73 feet;
150) thence N16°26'39"W, a distance of 87.00 feet;
151) thence S87°51'36"E, a distance of 108.94 feet;
152) thence S80°06'14"E, a distance of 77.55 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 153) thence S28°56'07"E, a distance of 155.51 feet;
154) thence N82°29'49"E, a distance of 265.56 feet;
155) thence N68°30'33"E, a distance of 175.46 feet;
156) thence N23°24'34"W, a distance of 450.17 feet;
157) thence N84°03'25"W, a distance of 219.64 feet;
158) thence N16°29'21"W, a distance of 316.99 feet;
159) thence S73°26'26"W, a distance of 384.36 feet;
160) thence N16°19'38"W, a distance of 360.14 feet;
161) thence N73°31'18"E, a distance of 391.85 feet;
162) thence S40°16'06"E, a distance of 492.63 feet;
163) thence N28°12'41"E, a distance of 41.36 feet;
164) thence S60°49'35"E, a distance of 40.85 feet;
165) thence, N29°10'25"E, a distance of 113.58 feet to the beginning of a non-tangential curve, 166) turning to the right, along the arc of said curve, with a radius of 229.04 feet, through a central angle of 51°14'01", having a radial bearing of N23°50'06"E, and an arc distance of 204.81 feet to a point of intersection with a non-tangential line;
167) thence S64°14'17"W, a distance of 185.86 feet;
168) thence S23°21'13"E, a distance of 572.79 feet;
169) thence N65°35'47"E, a distance of 257.89 feet;
170) thence S17°23'18"E, a distance of 188.43 feet;
171) thence S22°27'33"E, a distance of 94.19 feet;
172) thence S17°00'09"E, a distance of 172.33 feet;
173) thence S85°22'01"E, a distance of 30.00 feet;
174) thence S19°51'13"E, a distance of 20.00 feet;
175) thence S21°48'51"W, a distance of 25.00 feet;
176) thence S61°42'59"W, a distance of 12.69 feet;
177) thence S20°47'24"E, a distance of 215.55 feet;
178) thence S18°16'33"E, a distance of 153.00 feet;
179) thence S16°00'34"E, a distance of 53.00 feet;
180) thence S11°33'52"E, a distance of 197.82 feet;
181) thence S12°59'20"E, a distance of 266.28 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 182) thence N87°01'24"E, a distance of 156.00 feet;
183) thence N65°31'22"E, a distance of 149.56 feet;
184) thence N70°09'08"E, a distance of 171.90 feet;
185) thence N74°39'30"E, a distance of 541.45 feet;
186) thence S80°39'34"E, a distance of 937.32 feet;
187) thence S03°32'21"W, a distance of 371.49 feet;
188) thence S78°02'55"W, a distance of 124.86 feet;
189) thence S06°22'50"E, a distance of 517.14 feet;
190) thence N83°31'30"E, a distance of 4.00 feet;
191) thence S06°29'58"E, a distance of 98.25 feet;
192) thence S49°27'47"E, a distance of 67.24 feet;
193) thence S06°45'30"E, a distance of 91.80 feet;
194) thence S81°43'34"W, a distance of 15.30 feet;
195) thence S06°45'35"E, a distance of 125.04 feet;
196) thence N81°43'30"E, a distance of 315.33 feet;
197) thence S07°14'03"E, a distance of 318.55 feet;
198) thence N86°27'09"E, a distance of 183.34 feet;
199) thence S03°29'29"E, a distance of 112.50 feet;
200) thence S02°00'29"E, a distance of 201.33 feet;
201) thence N68°48'03"E, a distance of 370.66 feet;
202) thence N31°08'52"E, a distance of 74.65 feet;
203) thence, N80°42'15"E, a distance of 363.30 feet to the beginning of a non-tangential curve, 204) turning to the right, along the arc of said curve, with a radius of 500.00 feet, through a central angle of 5°34'08", having a radial bearing of N74°52'09"E, and an arc distance of 48.60 feet; 205) thence S09°33'43"E, a distance of 86.76 feet to the beginning of a tangential curve, 206) turning to the left, along the arc of said curve, with a radius of 15.00 feet, through a central angle of 90°43'51", having a radial bearing of S80°26'17"W, and an arc distance of 23.75 feet; 207) thence N79°42'26"E, a distance of 258.43 feet;
208) thence, N43°27'01"E, a distance of 8.26 feet to the beginning of a non-tangential curve, 209) turning to the right, along the arc of said curve, with a radius of 165.02 feet, through a central angle of 29°23'49", having a radial bearing of S49°40'12"W, and an arc distance of 84.67 feet to a

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers point of intersection with a non-tangential line;
210) thence N78°43'49"E, a distance of 150.38 feet;
211) thence N11°33'47"W, a distance of 58.00 feet;
212) thence N78°21'50"E, a distance of 30.00 feet;
213) thence S11°38'20"E, a distance of 50.00 feet;
214) thence N78°21'43"E, a distance of 116.86 feet;
215) thence N11°33'50"W, a distance of 50.00 feet;
216) thence N78°21'27"E, a distance of 520.33 feet;
217) thence S71°54'29"E, a distance of 101.94 feet;
218) thence N14°47'59"E, a distance of 19.98 feet;
219) thence S84°11'00"E, a distance of 734.91 feet;
220) thence N04°50'09"W, a distance of 50.56 feet;
221) thence N85°23'22"E, a distance of 3.00 feet;
222) thence S04°36'58"E, a distance of 50.00 feet;
223) thence N85°23'01"E, a distance of 109.56 feet;
224) thence S72°49'17"E, a distance of 53.92 feet;
225) thence N85°12'41"E, a distance of 300.31 feet;
226) thence N04°44'42"W, a distance of 65.80 feet;
227) thence N84°56'21"E, a distance of 310.06 feet;
228) thence N04°46'59"W, a distance of 84.43 feet;
229) thence N85°10'24"E, a distance of 275.99 feet to the beginning of a non-tangential curve, 230) turning to the left, along the arc of said curve, with a radius of 39.13 feet, through a central angle of 55°58'14", having a radial bearing of S54°36'00"W, and an arc distance of 38.23 feet to a point of intersection with a non-tangential line;
231) thence N85°52'07"E, a distance of 167.69 feet;
232) thence S22°04'17"W, a distance of 377.88 feet;
233) thence N86°50'25"E, a distance of 210.73 feet;
234) thence S16°44'17"E, a distance of 156.60 feet;
235) thence S73°24'34"W, a distance of 183.66 feet;
236) thence S16°41'42"E, a distance of 151.64 feet;
237) thence S73°26'34"W, a distance of 131.17 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 238) thence S73°25'51"W, a distance of 129.26 feet;
239) thence S39°02'25"W, a distance of 67.03 feet;
240) thence S73°26'26"W, a distance of 145.52 feet;
241) thence S16°38'06"E, a distance of 121.51 feet;
242) thence S73°33'12"W, a distance of 167.29 feet;
243) thence S16°38'05"E, a distance of 138.53 feet;
244) thence S73°26'25"W, a distance of 20.00 feet;
245) thence N16°38'05"W, a distance of 253.11 feet;
246) thence S73°26'26"W, a distance of 132.56 feet;
247) thence S17°39'12"E, a distance of 251.24 feet;
248) thence S72°23'03"W, a distance of 104.15 feet;
249) thence N17°46'25"W, a distance of 72.56 feet;
250) thence S73°25'52"W, a distance of 198.56 feet;
251) thence S41°01'25"W, a distance of 71.13 feet;
252) thence S70°45'42"W, a distance of 264.42 feet;
253) thence N26°25'29"W, a distance of 49.36 feet;
254) thence S61°10'11"W, a distance of 45.00 feet;
255) thence N28°43'33"W, a distance of 50.00 feet;
256) thence S57°06'01"W, a distance of 30.00 feet;
257) thence N26°24'41"W, a distance of 58.28 feet;
258) thence S60°02'04"W, a distance of 87.09 feet;
259) thence S15°11'31"E, a distance of 221.13 feet;
260) thence S78°15'21"W, a distance of 60.11 feet;
261) thence S71°37'10"W, a distance of 145.44 feet;
262) thence N16°01'37"W, a distance of 64.51 feet;
263) thence S74°53'58"W, a distance of 223.86 feet;
264) thence N15°12'04"W, a distance of 118.80 feet;
265) thence N31°44'34"W, a distance of 80.00 feet;
266) thence N52°33'26"W, a distance of 61.52 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 267) thence N69°11'41"W, a distance of 49.69 feet;
268) thence N20°18'21"E, a distance of 153.89 feet;
269) thence N65°14'29"E, a distance of 70.63 feet;
270) thence N20°17'43"E, a distance of 150.00 feet;
271) thence S69°41'39"E, a distance of 68.16 feet;
272) thence N38°44'35"E, a distance of 56.16 feet;
273) thence N24°09'50"W, a distance of 47.00 feet;
274) thence N66°19'16"E, a distance of 154.50 feet;
275) thence N22°38'58"W, a distance of 11.19 feet;
276) thence N88°41'53"E, a distance of 268.41 feet;
277) thence N04°12'45"W, a distance of 154.17 feet;
278) thence N86°13'13"E, a distance of 341.48 feet;
279) thence N04°30'02"W, a distance of 163.68 feet;
280) thence S85°41'17"W, a distance of 135.79 feet;
281) thence N57°21'00"W, a distance of 62.49 feet;
282) thence S86°24'05"W, a distance of 346.88 feet;
283) thence S03°44'33"E, a distance of 172.51 feet;
284) thence N84°31'21"W, a distance of 733.33 feet;
285) thence S20°17'41"W, a distance of 74.78 feet;
286) thence N69°45'37"W, a distance of 180.00 feet;
287) thence S20°17'45"W, a distance of 50.00 feet;
288) thence N69°45'38"W, a distance of 216.09 feet;
289) thence S22°14'37"W, a distance of 132.49 feet;
290) thence N69°45'52"W, a distance of 10.25 feet;
291) thence S22°17'17"W, a distance of 188.90 feet;
292) thence N69°45'38"W, a distance of 87.27 feet;
293) thence S27°58'15"W, a distance of 50.11 feet;
294) thence S62°26'37"E, a distance of 12.00 feet;
295) thence S40°57'00"W, a distance of 104.55 feet;
296) thence S14°34'54"W, a distance of 75.17 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 297) thence N63°49'09"W, a distance of 75.86 feet;
298) thence S26°53'49"W, a distance of 18.69 feet to the beginning of a non-tangential curve, 299) turning to the left, along the arc of said curve, with a radius of 225.32 feet, through a central angle of 54°44'47", having a radial bearing of N86°53'50"E, and an arc distance of 215.30 feet to a point of intersection with a non-tangential line;
300) thence N69°42'18"W, a distance of 98.07 feet;
301) thence N74°33'16"W, a distance of 146.91 feet;
302) thence, S18°27'25"W, a distance of 105.20 feet to the beginning of a non-tangential curve, 303) turning to the right, along the arc of said curve, with a radius of 148.00 feet, through a central angle of 135°21'39", having a radial bearing of N15°16'57"E, and an arc distance of 349.65 feet to a point of intersection with a non-tangential line;
304) thence S20°56'12"E, a distance of 108.61 feet;
305) thence S85°28'49"W, a distance of 49.11 feet;
306) thence, N20°56'13"W, a distance of 149.60 feet to the beginning of a non-tangential curve, 307) turning to the right, along the arc of said curve, with a radius of 95.00 feet, through a central angle of 146°40'01", having a radial bearing of S05°24'26"E, and an arc distance of 243.18 feet to a point of intersection with a non-tangential line;
308) thence N26°59'14"W, a distance of 85.36 feet;
309) thence S63°50'52"W, a distance of 21.00 feet;
310) thence N27°27'32"W, a distance of 4.28 feet;
311) thence S64°04'57"W, a distance of 98.63 feet;
312) thence S07°11'23"E, a distance of 146.57 feet;
313) thence S76°00'47"W, a distance of 239.75 feet;
314) thence S15°19'04"E, a distance of 170.47 feet;
315) thence S29°32'18"E, a distance of 15.22 feet;
316) thence S17°24'05"E, a distance of 189.65 feet;
317) thence S85°30'13"W, a distance of 109.64 feet;
318) thence S22°49'12"E, a distance of 471.61 feet;
319) thence S32°17'28"E, a distance of 60.78 feet;
320) thence S22°48'29"E, a distance of 176.47 feet;
321) thence S18°58'39"E, a distance of 406.47 feet;
322) thence N71°11'15"E, a distance of 140.23 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 323) thence N18°28'36"W, a distance of 103.71 feet;
324) thence N54°55'58"E, a distance of 145.30 feet;
325) thence S45°16'53"E, a distance of 108.93 feet;
326) thence N36°34'30"E, a distance of 286.30 feet to the beginning of a tangential curve, 327) turning to the right, along the arc of said curve, with a radius of 100.00 feet, through a central angle of 10°11'45", having a radial bearing of N53°25'30"W, and an arc distance of 17.80 feet; 328) thence N46°46'12"E, a distance of 62.64 feet;
329) thence N43°32'06"W, a distance of 126.81 feet;
330) thence N46°03'29"E, a distance of 120.72 feet;
331) thence S47°52'09"E, a distance of 6.20 feet;
332) thence N24°43'29"E, a distance of 40.10 feet;
333) thence N72°40'55"W, a distance of 60.21 feet;
334) thence N17°52'27"E, a distance of 108.67 feet;
335) thence S72°15'32"E, a distance of 13.52 feet;
336) thence S17°52'25"W, a distance of 61.00 feet;
337) thence S72°19'16"E, a distance of 22.00 feet;
338) thence S18°20'17"W, a distance of 12.50 feet;
339) thence S72°13'11"E, a distance of 59.76 feet;
340) thence N18°20'19"E, a distance of 14.00 feet;
341) thence S72°13'08"E, a distance of 55.55 feet;
342) thence N56°08'57"E, a distance of 23.82 feet;
343) thence S72°15'27"E, a distance of 12.25 feet;
344) thence N18°47'26"E, a distance of 40.90 feet;
345) thence S72°15'30"E, a distance of 78.51 feet;
346) thence N20°17'43"E, a distance of 342.59 feet;
347) thence S56°38'06"E, a distance of 294.33 feet;
348) thence S14°20'19"E, a distance of 216.89 feet;
349) thence S56°48'25"W, a distance of 216.18 feet;
350) thence S17°31'59"E, a distance of 187.58 feet;
351) thence S70°49'20"W, a distance of 145.03 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 352) thence S51°54'48"W, a distance of 62.77 feet;
353) thence S70°43'53"W, a distance of 122.37 feet;
354) thence N19°11'20"W, a distance of 97.50 feet;
355) thence S70°29'53"W, a distance of 122.65 feet;
356) thence N22°43'28"W, a distance of 122.36 feet;
357) thence S36°28'30"W, a distance of 379.80 feet to the beginning of a tangential curve, 358) turning to the right, along the arc of said curve, with a radius of 100.00 feet, through a central angle of 7°06'25", having a radial bearing of S53°31'30"E, and an arc distance of 12.40 feet; 359) thence S43°34'55"W, a distance of 17.81 feet;
360) thence S26°59'00"E, a distance of 345.60 feet;
361) thence S65°21'57"W, a distance of 135.30 feet;
362) thence S32°43'52"E, a distance of 185.50 feet;
363) thence S43°12'20"E, a distance of 59.90 feet;
364) thence S21°45'36"E, a distance of 244.54 feet;
365) thence S65°33'41"W, a distance of 150.29 feet;
366) thence S30°50'03"E, a distance of 251.04 feet;
367) thence S70°57'34"W, a distance of 124.77 feet;
368) thence S19°02'25"E, a distance of 123.79 feet;
369) thence S70°57'37"W, a distance of 212.78 feet;
370) thence S18°45'47"E, a distance of 182.50 feet;
371) thence N70°57'37"E, a distance of 142.00 feet;
372) thence S18°45'44"E, a distance of 200.20 feet;
373) thence S70°57'37"W, a distance of 49.89 feet;
374) thence S18°45'42"E, a distance of 80.00 feet;
375) thence S70°57'36"W, a distance of 152.11 feet;
376) thence N18°45'48"W, a distance of 40.97 feet;
377) thence S74°43'46"W, a distance of 17.75 feet;
378) thence S02°33'37"E, a distance of 4.81 feet;
379) thence S74°53'33"W, a distance of 40.37 feet;
380) thence S14°27'51"E, a distance of 19.33 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 381) thence N87°15'02"W, a distance of 25.00 feet;
382) thence N16°16'33"W, a distance of 76.96 feet;
383) thence S81°41'23"W, a distance of 65.65 feet;
384) thence N18°42'12"W, a distance of 184.22 feet;
385) thence N70°20'06"E, a distance of 145.11 feet;
386) thence N18°45'45"W, a distance of 450.04 feet;
387) thence S70°20'08"W, a distance of 144.64 feet;
388) thence N18°42'10"W, a distance of 217.65 feet;
389) thence N51°23'27"W, a distance of 64.61 feet;
390) thence N19°00'08"W, a distance of 184.54 feet;
391) thence S70°51'39"W, a distance of 5.44 feet;
392) thence N18°34'05"W, a distance of 30.08 feet;
393) thence S71°18'11"W, a distance of 171.80 feet;
394) thence S19°43'11"E, a distance of 248.38 feet;
395) thence S60°18'41"W, a distance of 198.08 feet;
396) thence N17°16'48"W, a distance of 240.63 feet;
397) thence S59°58'09"W, a distance of 54.60 feet;
398) thence N17°28'10"W, a distance of 90.92 feet;
399) thence S58°05'38"W, a distance of 16.00 feet;
400) thence N19°57'15"W, a distance of 218.15 feet;
401) thence S76°26'11"W, a distance of 134.18 feet;
402) thence S73°34'35"W, a distance of 63.88 feet;
403) thence S77°05'43"W, a distance of 110.48 feet;
404) thence N11°33'26"W, a distance of 106.21 feet;
405) thence N24°54'10"E, a distance of 78.61 feet;
406) thence, N28°17'10"W, a distance of 51.22 feet to the beginning of a non-tangential curve, 407) turning to the right, along the arc of said curve, with a radius of 30.28 feet, through a central angle of 81°28'18", having a radial bearing of S70°20'41"W, and an arc distance of 43.06 feet to a point of intersection with a non-tangential line;
408) thence N60°24'14"E, a distance of 59.64 feet;
409) thence N01°25'28"W, a distance of 79.09 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 410) thence N73°42'39"E, a distance of 14.52 feet;
411) thence N02°51'31"W, a distance of 234.57 feet to the beginning of a tangential curve, 412) turning to the right, along the arc of said curve, with a radius of 382.30 feet, through a central angle of 41°05'35", having a radial bearing of S87°12'05"W, and an arc distance of 274.19 feet to a point of intersection with a non-tangential line;
413) thence N52°02'43"W, a distance of 50.00 feet;
414) thence N17°23'02"W, a distance of 400.34 feet;
415) thence, S72°45'52"W, a distance of 211.48 feet to the beginning of a non-tangential curve, 416) turning to the left, along the arc of said curve, with a radius of 1,566.17 feet, through a central angle of 23°00'37", having a radial bearing of N76°06'24"E, and an arc distance of 628.98 feet to a point of intersection with a non-tangential line;
417) thence N09°52'03"E, a distance of 20.95 feet;
418) thence N04°33'56"E, a distance of 44.50 feet;
419) thence N57°43'22"E, a distance of 29.86 feet to the beginning of a tangential curve, 420) turning to the right, along the arc of said curve, with a radius of 500.00 feet, through a central angle of 17°07'59", having a radial bearing of N32°16'38"W, and an arc distance of 149.51 feet; 421) thence N74°51'21"E, a distance of 104.94 feet;
422) thence N17°30'52"W, a distance of 299.75 feet;
423) thence N72°09'45"E, a distance of 270.18 feet;
424) thence N18°29'12"W, a distance of 141.66 feet;
425) thence S71°13'12"W, a distance of 50.00 feet;
426) thence N18°29'12"W, a distance of 76.54 feet;
427) thence N71°13'14"E, a distance of 68.39 feet;
428) thence N16°38'36"W, a distance of 155.62 feet;
429) thence N17°08'54"W, a distance of 60.00 feet;
430) thence N16°51'37"W, a distance of 99.92 feet;
431) thence S73°08'22"W, a distance of 100.00 feet;
432) thence N16°51'37"W, a distance of 96.49 feet;
433) thence S70°09'43"W, a distance of 159.76 feet;
434) thence N18°09'37"W, a distance of 77.48 feet;
435) thence N70°06'54"E, a distance of 268.00 feet;
436) thence N16°31'08"W, a distance of 217.12 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 437) thence N09°06'42"W, a distance of 39.76 feet;
438) thence N19°10'37"W, a distance of 120.95 feet;
439) thence N36°05'38"W, a distance of 26.13 feet;
440) thence N18°39'39"W, a distance of 98.48 feet;
441) thence N70°32'31"E, a distance of 50.00 feet;
442) thence N18°39'40"W, a distance of 189.65 feet;
443) thence N18°42'49"W, a distance of 123.92 feet;
444) thence N05°26'01"W, a distance of 19.06 feet;
445) thence N18°39'40"W, a distance of 133.67 feet;
446) thence S71°55'28"W, a distance of 154.37 feet;
447) thence N18°04'32"W, a distance of 289.97 feet;
448) thence S71°57'09"W, a distance of 657.90 feet;
449) thence S21°16'21"E, a distance of 32.38 feet;
450) thence S81°40'33"W, a distance of 395.63 feet;
451) thence S18°25'55"E, a distance of 555.47 feet;
452) thence S17°21'18"E, a distance of 387.31 feet;
453) thence S44°55'21"E, a distance of 35.42 feet;
454) thence S21°18'55"E, a distance of 69.39 feet;
455) thence S14°05'12"E, a distance of 109.56 feet;
456) thence S75°27'27"W, a distance of 660.27 feet;
457) thence S17°56'38"E, a distance of 99.74 feet;
458) thence S19°03'59"E, a distance of 60.26 feet;
459) thence S16°47'15"E, a distance of 116.91 feet to the beginning of a tangential curve, 460) turning to the left, along the arc of said curve, with a radius of 400.00 feet, through a central angle of 22°16'54", having a radial bearing of S73°12'45"W, and an arc distance of 155.56 feet; 461) thence S39°04'10"E, a distance of 38.90 feet;
462) thence N56°48'44"E, a distance of 197.93 feet;
463) thence S37°22'28"E, a distance of 106.08 feet;
464) thence S22°31'49"E, a distance of 78.69 feet;
465) thence S88°05'49"E, a distance of 93.92 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 466) thence S04°49'50"W, a distance of 92.47 feet;
467) thence S85°10'07"E, a distance of 47.55 feet;
468) thence S70°51'03"E, a distance of 165.56 feet;
469) thence N36°41'51"E, a distance of 50.00 feet;
470) thence S53°18'13"E, a distance of 238.87 feet;
471) thence S18°20'47"E, a distance of 118.19 feet;
472) thence N47°37'16"E, a distance of 17.79 feet;
473) thence S26°29'58"E, a distance of 175.29 feet;
474) thence S09°05'44"W, a distance of 70.94 feet;
475) thence S53°09'24"W, a distance of 598.74 feet;
476) thence S36°29'16"E, a distance of 262.08 feet;
477) thence N53°12'27"E, a distance of 145.21 feet;
478) thence N40°27'48"W, a distance of 73.14 feet;
479) thence N48°26'00"E, a distance of 214.96 feet;
480) thence N37°25'37"W, a distance of 119.52 feet;
481) thence N53°09'23"E, a distance of 172.87 feet;
482) thence S38°56'20"E, a distance of 304.86 feet;
483) thence S18°45'47"E, a distance of 628.53 feet to the beginning of a tangential curve, 484) turning to the right, along the arc of said curve, with a radius of 900.00 feet, through a central angle of 22°14'43", having a radial bearing of N71°14'13"E, and an arc distance of 349.43 feet; 485) thence S03°28'57"W, a distance of 214.24 feet;
486) thence S13°56'39"W, a distance of 107.41 feet;
487) thence S00°46'00"E, a distance of 239.78 feet;
488) thence S02°20'57"W, a distance of 202.19 feet;
489) thence S01°06'02"E, a distance of 65.14 feet;
490) thence S03°51'33"E, a distance of 521.00 feet;
491) thence S10°22'19"E, a distance of 136.31 feet;
492) thence S15°51'04"E, a distance of 120.30 feet;
493) thence S15°49'38"E, a distance of 91.15 feet;
494) thence S08°59'16"E, a distance of 106.16 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 495) thence S06°22'15"E, a distance of 96.53 feet;
496) thence S76°42'23"W, a distance of 102.51 feet;
497) thence S40°21'32"E, a distance of 315.75 feet;
498) thence S44°54'19"E, a distance of 199.47 feet;
499) thence S50°07'23"E, a distance of 42.83 feet;
500) thence S69°24'22"W, a distance of 14.46 feet;
501) thence S73°16'27"E, a distance of 39.84 feet;
502) thence S20°22'58"E, a distance of 77.06 feet;
503) thence S69°43'48"W, a distance of 276.11 feet;
504) thence S19°56'22"E, a distance of 17.45 feet;
505) thence S54°42'02"W, a distance of 123.71 feet;
506) thence S22°31'11"E, a distance of 16.52 feet;
507) thence S47°57'42"W, a distance of 145.16 feet;
508) thence S22°48'46"E, a distance of 10.10 feet;
509) thence S50°30'39"W, a distance of 228.81 feet;
510) thence S26°34'45"W, a distance of 165.59 feet;
511) thence S24°18'41"E, a distance of 75.92 feet;
512) thence S37°12'40"W, a distance of 458.06 feet;
513) thence S20°04'02"E, a distance of 50.83 feet;
514) thence S70°07'58"W, a distance of 116.16 feet;
515) thence S20°04'04"E, a distance of 26.77 feet;
516) thence S70°07'59"W, a distance of 49.20 feet;
517) thence S40°28'20"E, a distance of 184.83 feet;
518) thence N69°47'36"E, a distance of 725.25 feet;
519) thence S20°10'17"E, a distance of 327.12 feet;
520) thence N69°49'43"E, a distance of 319.94 feet;
521) thence N20°34'09"W, a distance of 161.10 feet;
522) thence S69°49'57"W, a distance of 15.45 feet;
523) thence N20°34'06"W, a distance of 100.00 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 524) thence N69°54'40"E, a distance of 384.31 feet;
525) thence N20°05'26"W, a distance of 257.57 feet;
526) thence N69°54'33"E, a distance of 100.31 feet;
527) thence S20°09'12"E, a distance of 70.25 feet;
528) thence N69°54'35"E, a distance of 440.43 feet;
529) thence N21°23'07"E, a distance of 60.10 feet;
530) thence N13°56'04"W, a distance of 410.49 feet;
531) thence S89°02'54"E, a distance of 75.31 feet;
532) thence S79°44'01"E, a distance of 64.02 feet;
533) thence S59°26'51"E, a distance of 40.58 feet;
534) thence S46°23'57"E, a distance of 39.09 feet;
535) thence S78°27'42"E, a distance of 88.28 feet;
536) thence N80°05'45"E, a distance of 74.66 feet;
537) thence S72°23'38"E, a distance of 15.19 feet;
538) thence S07°21'08"E, a distance of 39.43 feet;
539) thence S18°35'50"W, a distance of 33.11 feet;
540) thence S13°48'45"E, a distance of 445.14 feet;
541) thence S18°15'15"E, a distance of 81.51 feet;
542) thence S13°39'19"E, a distance of 98.84 feet;
543) thence N75°58'57"E, a distance of 23.05 feet;
544) thence S12°20'03"E, a distance of 19.49 feet;
545) thence N75°46'25"E, a distance of 3.50 feet;
546) thence S13°46'34"E, a distance of 7.45 feet;
547) thence S78°46'05"W, a distance of 3.50 feet;
548) thence S13°51'34"E, a distance of 24.63 feet;
549) thence S76°15'51"W, a distance of 23.08 feet;
550) thence S13°30'48"E, a distance of 97.81 feet;
551) thence N75°08'08"E, a distance of 84.93 feet;
552) thence S13°52'21"E, a distance of 78.77 feet;
553) thence N76°07'39"E, a distance of 257.95 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 554) thence S51°22'25"E, a distance of 90.12 feet;
555) thence N38°37'35"E, a distance of 146.70 feet;
556) thence S51°45'12"E, a distance of 160.00 feet;
557) thence N37°53'18"E, a distance of 388.59 feet;
558) thence N51°59'07"W, a distance of 492.74 feet;
559) thence N30°02'22"E, a distance of 240.00 feet;
560) thence S83°15'58"E, a distance of 153.09 feet to the beginning of a tangential curve, 561) turning to the right, along the arc of said curve, with a radius of 150.00 feet, through a central angle of 27°40'36", having a radial bearing of N06°44'02"E, and an arc distance of 72.46 feet; 562) thence S55°35'22"E, a distance of 71.94 feet;
563) thence S45°34'14"E, a distance of 86.83 feet;
564) thence S25°35'19"E, a distance of 488.00 feet;
565) thence S31°45'02"E, a distance of 113.13 feet;
566) thence S11°17'51"E, a distance of 18.83 feet;
567) thence S59°36'32"W, a distance of 78.57 feet;
568) thence S34°12'32"E, a distance of 20.57 feet;
569) thence S09°07'46"E, a distance of 78.59 feet;
570) thence S01°35'28"W, a distance of 369.02 feet;
571) thence S84°26'59"W, a distance of 1,294.57 feet;
572) thence S75°28'57"W, a distance of 951.47 feet;
573) thence S71°01'16"W, a distance of 244.90 feet;
574) thence N21°23'25"W, a distance of 83.28 feet;
575) thence S64°53'25"W, a distance of 444.48 feet;
576) thence S48°19'19"E, a distance of 495.23 feet;
577) thence S79°35'59"E, a distance of 52.95 feet;
578) thence S48°54'17"E, a distance of 1,106.00 feet;
579) thence N41°43'53"E, a distance of 65.70 feet;
580) thence S48°55'50"E, a distance of 511.44 feet;
581) thence S40°37'19"W, a distance of 74.17 feet;
582) thence S16°00'38"E, a distance of 341.32 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 583) thence S63°27'06"W, a distance of 19.60 feet;
584) thence S17°29'36"E, a distance of 227.47 feet;
585) thence S75°01'14"W, a distance of 80.32 feet;
586) thence N17°28'32"W, a distance of 232.03 feet;
587) thence S73°47'28"W, a distance of 24.42 feet;
588) thence N16°44'28"W, a distance of 76.95 feet;
589) thence N59°29'18"W, a distance of 19.30 feet;
590) thence N16°00'59"W, a distance of 145.18 feet;
591) thence N49°02'13"W, a distance of 124.48 feet;
592) thence N16°34'06"W, a distance of 49.68 feet;
593) thence N41°39'15"E, a distance of 20.67 feet;
594) thence N48°53'14"W, a distance of 846.14 feet;
595) thence N88°52'39"W, a distance of 22.06 feet;
596) thence N48°25'54"W, a distance of 138.70 feet;
597) thence N41°52'23"E, a distance of 65.84 feet;
598) thence N49°35'06"W, a distance of 242.87 feet;
599) thence S41°03'10"W, a distance of 38.79 feet;
600) thence N48°41'16"W, a distance of 65.50 feet;
601) thence N41°56'27"E, a distance of 39.02 feet;
602) thence N48°51'19"W, a distance of 63.01 feet;
603) thence S36°53'24"W, a distance of 6.56 feet;
604) thence N48°50'05"W, a distance of 93.05 feet;
605) thence N39°49'34"E, a distance of 10.25 feet;
606) thence N48°49'25"W, a distance of 565.43 feet;
607) thence N83°33'11"W, a distance of 232.85 feet;
608) thence S26°15'20"E, a distance of 119.95 feet;
609) thence S10°06'39"W, a distance of 85.56 feet;
610) thence N83°00'13"W, a distance of 55.29 feet;
611) thence S41°57'15"W, a distance of 121.66 feet;

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P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 612) thence S50°01'12"W, a distance of 164.16 feet;
613) thence S16°14'01"W, a distance of 78.30 feet;
614) thence S28°16'37"E, a distance of 136.66 feet;
615) thence S75°10'27"W, a distance of 63.49 feet;
616) thence S28°21'21"W, a distance of 181.17 feet;
617) thence S09°33'39"W, a distance of 65.68 feet;
618) thence S19°58'46"E, a distance of 52.95 feet;
619) thence S28°55'11"W, a distance of 68.34 feet;
620) thence N44°24'51"W, a distance of 95.55 feet;
621) thence N11°50'08"E, a distance of 365.45 feet;
622) thence N79°01'36"W, a distance of 358.24 feet to the beginning of a tangential curve, 623) turning to the left, along the arc of said curve, with a radius of 150.00 feet, through a central angle of 39°16'36", having a radial bearing of N10°58'24"E, and an arc distance of 102.83 feet; 624) thence S61°41'47"W, a distance of 24.92 feet;
625) thence S44°57'46"E, a distance of 116.59 feet;
626) thence N84°42'43"W, a distance of 167.05 feet;
627) thence N5°25'05"E a distance of 62.47 feet to the POINT OF BEGINNING.

Containing 588.59 acres more or less.

PARCEL AREA “C”
All that certain real property, situated in a portion of the Rancho La Carbonera and Section 7, in Township 11 South, Range 1 West, Mount Diablo Base and Meridian, in the County of Santa Cruz, State of California, more particularly described as follows:

BEGINNING at a point from which the intersection of Emeline Street and Lee Street bears S21°52'19"W, a distance of 146.74 feet, and being located in said Section 7; 1) thence, N13°03'06"E, a distance of 132.26 feet to the beginning of a non-tangential curve, 2) turning to the right, along the arc of said curve, with a radius of 302.28 feet, through a central angle of 19°26'23", having a radial bearing of N56°33'40"W, and an arc distance of 102.56 feet to a point of intersection with a non-tangential line;
3) thence N46°07'33"E, a distance of 148.80 feet to the beginning of a tangential curve, 4) turning to the left, along the arc of said curve, with a radius of 473.85 feet, through a central angle of 24°22'13", having a radial bearing of S43°52'27"E, and an arc distance of 201.55 feet to a point of intersection with a non-tangential line;
5) thence N74°33'26"W, a distance of 124.44 feet;

12.71

Page 29 of 30 ends

P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers 6) thence, N07°33'29"E, a distance of 155.39 feet to the beginning of a non-tangential curve, 7) turning to the right, along the arc of said curve, with a radius of 84.36 feet, through a central angle of 42°58'56", having a radial bearing of S51°25'12"E, and an arc distance of 63.28 feet to a point of intersection with a non-tangential line;
8) thence S87°31'34"W, a distance of 114.89 feet;
9) thence S01°59'11"E, a distance of 74.78 feet;
10) thence N78°15'40"W, a distance of 41.91 feet;
11) thence N01°02'22"W, a distance of 1,144.42 feet;
12) thence N88°29'12"E, a distance of 85.32 feet;
13) thence S42°26'23"E, a distance of 308.40 feet;
14) thence S54°53'36"E, a distance of 225.57 feet;
15) thence S00°00'55"W, a distance of 160.21 feet;
16) thence S05°23'32"W, a distance of 153.28 feet;
17) thence S28°52'41"E, a distance of 132.00 feet;
18) thence S42°09'48"E, a distance of 113.56 feet;
19) thence S32°15'22"E, a distance of 100.38 feet;
20) thence S10°25'10"E, a distance of 141.50 feet;
21) thence S05°17'18"E, a distance of 104.86 feet;
22) thence S07°03'19"W, a distance of 368.40 feet;
23) thence S14°42'15"W, a distance of 202.30 feet;
24) thence N84°35'25"W a distance of 589.89 feet to the POINT OF BEGINNING.

Containing 18.37 acres more or less.

COMBINED PARCEL AREA TOTALS:

PARCEL AREA “A” containing 101.76 acres more or less;
PARCEL AREA “B” containing 588.59 acres more or less;
PARCEL AREA “C” containing 18.37 acres more or less;
COMBINED PARCEL AREAS “A”, “B” and “C” containing 709.72 acres, more or less.

12.72

Page 30 of 30 ends

P:\225\225-0430\Site\Survey\Legal_Description\PARCEL AREA LEGALS.docx Blair, Church & Flynn Consulting Engineers This description of land is for assessment purposes only. This description is not to be considered a survey of land or used for the establishment of property lines. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale or the land described.

Prepared by:

BLAIR, CHURCH & FLYNN
Randell Scott West, P.L.S. 8663 Date

12.73 Appendix C to IFP - Tax Increment Revenue Analysis - Santa Cruz EIFD 0 1 2 3 4 5 6 7
Total 2025-2026 2027 2028 2029 2030 2031 2032 2033
New Development
Rental Residential 2,382 units 238 units 238 units 238 units 238 units 238 units 238 units 238 units $500,000 per unit $1,356,797,887 $123,911,640 $126,389,873 $128,917,670 $131,496,024 $134,125,944 $136,808,463 $139,544,632 For Sale Residential 79 units 8 units 8 units 8 units 8 units 8 units 8 units 8 units $900,000 per unit $80,997,758 $7,397,244 $7,545,189 $7,696,093 $7,850,015 $8,007,015 $8,167,155 $8,330,498 Affordable Residential 675 units 68 units 68 units 68 units 68 units 68 units 68 units 68 units $0 per unit $0 $0 $0 $0 $0 $0 $0 $0
Commercial / Retail 75,115 SF 7,512 SF 7,512 SF 7,512 SF 7,512 SF 7,512 SF 7,512 SF 7,512 SF $375 PSF $32,089,381 $2,930,612 $2,989,224 $3,049,008 $3,109,989 $3,172,188 $3,235,632 $3,300,345 Hotel 401 rooms 170 rooms 181 rooms 50 rooms
$500,000 per room $216,507,373 $88,434,000 $0 $0 $99,919,313 $28,154,060 $0 $0 Industrial / Flex 126,445 SF 12,645 SF 12,645 SF 12,645 SF 12,645 SF 12,645 SF 12,645 SF 12,645 SF $200 PSF $28,809,456 $2,631,068 $2,683,689 $2,737,363 $2,792,110 $2,847,952 $2,904,911 $2,963,009 Subtotal Value Add $1,715,201,854 $225,304,563 $139,607,975 $142,400,134 $245,167,449 $176,307,160 $151,116,161 $154,138,485 Total Assessed Value $1,958,542,088 $2,223,017,493 $2,407,085,818 $2,597,627,668 $2,894,747,671 $3,128,949,784 $3,342,644,941 $3,563,636,325 Incremental AV $264,475,405 $448,543,729 $639,085,580 $936,205,583 $1,170,407,696 $1,384,102,853 $1,605,094,237 Total tax increment @ 1% $2,644,754 $4,485,437 $6,390,856 $9,362,056 $11,704,077 $13,841,029 $16,050,942 City Average Share Available 16.20% $320,032,688 $428,450 $726,641 $1,035,319 $1,516,653 $1,896,060 $2,242,247 $2,600,253 Percent Allocated to EIFD 50.0% $160,016,344 $214,225 $363,320 $517,659 $758,327 $948,030 $1,121,123 $1,300,126 City Equivalent MVLF Share 5.75% $113,661,656 $152,167 $258,071 $367,700 $538,649 $673,398 $796,348 $923,496 Percent Allocated to EIFD 50.0% $56,830,828 $76,083 $129,036 $183,850 $269,325 $336,699 $398,174 $461,748 Total Allocation to EIFD $216,847,172 $290,308 $492,356 $701,509 $1,027,651 $1,284,729 $1,519,297 $1,761,875 February 2026 Page 1 of 7 12.74
Appendix C to IFP - Tax Increment Revenue Analysis - Santa Cruz EIFD Total
New Development
Rental Residential 2,382 units
$500,000 per unit $1,356,797,887
For Sale Residential 79 units
$900,000 per unit $80,997,758
Affordable Residential 675 units
$0 per unit $0
Commercial / Retail 75,115 SF
$375 PSF $32,089,381
Hotel 401 rooms
$500,000 per room $216,507,373
Industrial / Flex 126,445 SF
$200 PSF $28,809,456
Subtotal Value Add $1,715,201,854
Total Assessed Value
Incremental AV
Total tax increment @ 1%
City Average Share Available 16.20% $320,032,688
Percent Allocated to EIFD 50.0% $160,016,344
City Equivalent MVLF Share 5.75% $113,661,656
Percent Allocated to EIFD 50.0% $56,830,828
Total Allocation to EIFD $216,847,172
8 9 10 11 12 13 14 15
2034 2035 2036 2037 2038 2039 2040 2041
238 units 238 units 238 units
$142,335,525 $145,182,235 $148,085,880 $0 $0 $0 $0 $0
8 units 8 units 8 units
$8,497,108 $8,667,050 $8,840,391 $0 $0 $0 $0 $0
68 units 68 units 68 units
$0 $0 $0 $0 $0 $0 $0 $0
7,512 SF 7,512 SF 7,512 SF
$3,366,352 $3,433,679 $3,502,352 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
12,645 SF 12,645 SF 12,645 SF
$3,022,270 $3,082,715 $3,144,369 $0 $0 $0 $0 $0
$157,221,254 $160,365,679 $163,572,993 $0 $0 $0 $0 $0
$3,792,130,306 $4,028,338,591 $4,272,478,356 $4,357,927,923 $4,445,086,482 $4,533,988,211 $4,624,667,976 $4,717,161,335 $1,833,588,217 $2,069,796,503 $2,313,936,268 $2,399,385,835 $2,486,544,394 $2,575,446,123 $2,666,125,887 $2,758,619,247 $18,335,882 $20,697,965 $23,139,363 $23,993,858 $24,865,444 $25,754,461 $26,661,259 $27,586,192 $2,970,413 $3,353,070 $3,748,577 $3,887,005 $4,028,202 $4,172,223 $4,319,124 $4,468,963 $1,485,206 $1,676,535 $1,874,288 $1,943,503 $2,014,101 $2,086,111 $2,159,562 $2,234,482 $1,054,961 $1,190,864 $1,331,331 $1,380,495 $1,430,642 $1,481,792 $1,533,964 $1,587,181 $527,481 $595,432 $665,666 $690,247 $715,321 $740,896 $766,982 $793,590 $2,012,687 $2,271,967 $2,539,954 $2,633,750 $2,729,422 $2,827,007 $2,926,544 $3,028,072 February 2026 Page 2 of 7 12.75
Appendix C to IFP - Tax Increment Revenue Analysis - Santa Cruz EIFD Total
New Development
Rental Residential 2,382 units
$500,000 per unit $1,356,797,887
For Sale Residential 79 units
$900,000 per unit $80,997,758
Affordable Residential 675 units
$0 per unit $0
Commercial / Retail 75,115 SF
$375 PSF $32,089,381
Hotel 401 rooms
$500,000 per room $216,507,373
Industrial / Flex 126,445 SF
$200 PSF $28,809,456
Subtotal Value Add $1,715,201,854
Total Assessed Value
Incremental AV
Total tax increment @ 1%
City Average Share Available 16.20% $320,032,688
Percent Allocated to EIFD 50.0% $160,016,344
City Equivalent MVLF Share 5.75% $113,661,656
Percent Allocated to EIFD 50.0% $56,830,828
Total Allocation to EIFD $216,847,172
16 17 18 19 20 21 22 23
2042 2043 2044 2045 2046 2047 2048 2049
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$4,811,504,562 $4,907,734,653 $5,005,889,346 $5,106,007,133 $5,208,127,276 $5,312,289,821 $5,418,535,618 $5,526,906,330 $2,852,962,474 $2,949,192,565 $3,047,347,258 $3,147,465,045 $3,249,585,187 $3,353,747,733 $3,459,993,529 $3,568,364,242 $28,529,625 $29,491,926 $30,473,473 $31,474,650 $32,495,852 $33,537,477 $34,599,935 $35,683,642 $4,621,799 $4,777,692 $4,936,703 $5,098,893 $5,264,328 $5,433,071 $5,605,190 $5,780,750 $2,310,900 $2,388,846 $2,468,351 $2,549,447 $2,632,164 $2,716,536 $2,802,595 $2,890,375 $1,641,462 $1,696,828 $1,753,301 $1,810,905 $1,869,660 $1,929,590 $1,990,719 $2,053,070 $820,731 $848,414 $876,651 $905,452 $934,830 $964,795 $995,359 $1,026,535 $3,131,630 $3,237,260 $3,345,002 $3,454,899 $3,566,994 $3,681,331 $3,797,954 $3,916,910 February 2026 Page 3 of 7 12.76
Appendix C to IFP - Tax Increment Revenue Analysis - Santa Cruz EIFD Total
New Development
Rental Residential 2,382 units
$500,000 per unit $1,356,797,887
For Sale Residential 79 units
$900,000 per unit $80,997,758
Affordable Residential 675 units
$0 per unit $0
Commercial / Retail 75,115 SF
$375 PSF $32,089,381
Hotel 401 rooms
$500,000 per room $216,507,373
Industrial / Flex 126,445 SF
$200 PSF $28,809,456
Subtotal Value Add $1,715,201,854
Total Assessed Value
Incremental AV
Total tax increment @ 1%
City Average Share Available 16.20% $320,032,688
Percent Allocated to EIFD 50.0% $160,016,344
City Equivalent MVLF Share 5.75% $113,661,656
Percent Allocated to EIFD 50.0% $56,830,828
Total Allocation to EIFD $216,847,172
24 25 26 27 28 29 30 31
2050 2051 2052 2053 2054 2055 2056 2057
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$5,637,444,457 $5,750,193,346 $5,865,197,213 $5,982,501,157 $6,102,151,180 $6,224,194,204 $6,348,678,088 $6,475,651,649 $3,678,902,368 $3,791,651,258 $3,906,655,124 $4,023,959,069 $4,143,609,092 $4,265,652,115 $4,390,135,999 $4,517,109,561 $36,789,024 $37,916,513 $39,066,551 $40,239,591 $41,436,091 $42,656,521 $43,901,360 $45,171,096 $5,959,822 $6,142,475 $6,328,781 $6,518,814 $6,712,647 $6,910,356 $7,112,020 $7,317,717 $2,979,911 $3,071,238 $3,164,391 $3,259,407 $3,356,323 $3,455,178 $3,556,010 $3,658,859 $2,116,669 $2,181,539 $2,247,707 $2,315,198 $2,384,039 $2,454,257 $2,525,879 $2,598,934 $1,058,334 $1,090,770 $1,123,854 $1,157,599 $1,192,020 $1,227,129 $1,262,940 $1,299,467 $4,038,245 $4,162,007 $4,288,244 $4,417,006 $4,548,343 $4,682,307 $4,818,950 $4,958,326 February 2026 Page 4 of 7 12.77
Appendix C to IFP - Tax Increment Revenue Analysis - Santa Cruz EIFD Total
New Development
Rental Residential 2,382 units
$500,000 per unit $1,356,797,887
For Sale Residential 79 units
$900,000 per unit $80,997,758
Affordable Residential 675 units
$0 per unit $0
Commercial / Retail 75,115 SF
$375 PSF $32,089,381
Hotel 401 rooms
$500,000 per room $216,507,373
Industrial / Flex 126,445 SF
$200 PSF $28,809,456
Subtotal Value Add $1,715,201,854
Total Assessed Value
Incremental AV
Total tax increment @ 1%
City Average Share Available 16.20% $320,032,688
Percent Allocated to EIFD 50.0% $160,016,344
City Equivalent MVLF Share 5.75% $113,661,656
Percent Allocated to EIFD 50.0% $56,830,828
Total Allocation to EIFD $216,847,172
32 33 34 35 36 37 38 39
2058 2059 2060 2061 2062 2063 2064 2065
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$6,605,164,682 $6,737,267,976 $6,872,013,336 $7,009,453,602 $7,149,642,674 $7,292,635,528 $7,438,488,238 $7,587,258,003 $4,646,622,594 $4,778,725,888 $4,913,471,247 $5,050,911,514 $5,191,100,586 $5,334,093,440 $5,479,946,150 $5,628,715,915 $46,466,226 $47,787,259 $49,134,712 $50,509,115 $51,911,006 $53,340,934 $54,799,462 $56,287,159 $7,527,529 $7,741,536 $7,959,823 $8,182,477 $8,409,583 $8,641,231 $8,877,513 $9,118,520 $3,763,764 $3,870,768 $3,979,912 $4,091,238 $4,204,791 $4,320,616 $4,438,756 $4,559,260 $2,673,450 $2,749,456 $2,826,982 $2,906,059 $2,986,717 $3,068,989 $3,152,905 $3,238,501 $1,336,725 $1,374,728 $1,413,491 $1,453,029 $1,493,359 $1,534,494 $1,576,453 $1,619,250 $5,100,489 $5,245,496 $5,393,403 $5,544,268 $5,698,150 $5,855,110 $6,015,209 $6,178,510 February 2026 Page 5 of 7 12.78
Appendix C to IFP - Tax Increment Revenue Analysis - Santa Cruz EIFD Total
New Development
Rental Residential 2,382 units
$500,000 per unit $1,356,797,887
For Sale Residential 79 units
$900,000 per unit $80,997,758
Affordable Residential 675 units
$0 per unit $0
Commercial / Retail 75,115 SF
$375 PSF $32,089,381
Hotel 401 rooms
$500,000 per room $216,507,373
Industrial / Flex 126,445 SF
$200 PSF $28,809,456
Subtotal Value Add $1,715,201,854
Total Assessed Value
Incremental AV
Total tax increment @ 1%
City Average Share Available 16.20% $320,032,688
Percent Allocated to EIFD 50.0% $160,016,344
City Equivalent MVLF Share 5.75% $113,661,656
Percent Allocated to EIFD 50.0% $56,830,828
Total Allocation to EIFD $216,847,172
40 41 42 43 44 45 46 47
2066 2067 2068 2069 2070 2071 2072 2073
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$7,739,003,163 $7,893,783,227 $8,051,658,891 $8,212,692,069 $8,376,945,910 $8,544,484,828 $8,715,374,525 $8,889,682,016 $5,780,461,075 $5,935,241,138 $6,093,116,803 $6,254,149,981 $6,418,403,822 $6,585,942,740 $6,756,832,437 $6,931,139,927 $57,804,611 $59,352,411 $60,931,168 $62,541,500 $64,184,038 $65,859,427 $67,568,324 $69,311,399 $9,364,347 $9,615,091 $9,870,849 $10,131,723 $10,397,814 $10,669,227 $10,946,069 $11,228,447 $4,682,173 $4,807,545 $4,935,425 $5,065,861 $5,198,907 $5,334,614 $5,473,034 $5,614,223 $3,325,808 $3,414,861 $3,505,695 $3,598,346 $3,692,850 $3,789,244 $3,887,566 $3,987,855 $1,662,904 $1,707,430 $1,752,848 $1,799,173 $1,846,425 $1,894,622 $1,943,783 $1,993,927 $6,345,077 $6,514,976 $6,688,272 $6,865,035 $7,045,332 $7,229,236 $7,416,817 $7,608,151 February 2026 Page 6 of 7 12.79
Appendix C to IFP - Tax Increment Revenue Analysis - Santa Cruz EIFD Total
New Development
Rental Residential 2,382 units
$500,000 per unit $1,356,797,887
For Sale Residential 79 units
$900,000 per unit $80,997,758
Affordable Residential 675 units
$0 per unit $0
Commercial / Retail 75,115 SF
$375 PSF $32,089,381
Hotel 401 rooms
$500,000 per room $216,507,373
Industrial / Flex 126,445 SF
$200 PSF $28,809,456
Subtotal Value Add $1,715,201,854
Total Assessed Value
Incremental AV
Total tax increment @ 1%
City Average Share Available 16.20% $320,032,688
Percent Allocated to EIFD 50.0% $160,016,344
City Equivalent MVLF Share 5.75% $113,661,656
Percent Allocated to EIFD 50.0% $56,830,828
Total Allocation to EIFD $216,847,172
48 49 50
2074 2075 2076
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$9,067,475,656 $9,248,825,169 $9,433,801,672
$7,108,933,568 $7,290,283,081 $7,475,259,584
$71,089,336 $72,902,831 $74,752,596
$11,516,472 $11,810,259 $12,109,921
$5,758,236 $5,905,129 $6,054,960
$4,090,149 $4,194,489 $4,300,916
$2,045,074 $2,097,244 $2,150,458
$7,803,311 $8,002,374 $8,205,418
February 2026 Page 7 of 7 12.80
Santa Cruz EIFD - Fiscal Impact Analysis
Overview of Fiscal Impacts Key Land Use Assumptions (Buildout) Annual
Stabilized
Year 0-50
Nominal
Total
Year 0-50
Present Value
@ 3.0%
City of Santa Cruz Residential - Market Rate Rental 2,382 DU Estimated Fiscal Revenues (Net of 50% EIFD Allocation) $22,113,800 $1,371,548,100 $549,782,500 Residential - Market Rate For-Sale 79 DU Estimated Fiscal Expenditures ($20,257,000) ($1,247,203,000) ($495,886,800) Residential - Affordable Housing 675 DU Estimated Net Fiscal Impact to City $1,856,800 $124,345,100 $53,895,700 Hotel 401 rooms Industrial / Flex 126,445 SF
Commercial / Retail 75,115 SF
Notes:

Assumes installation of necessary public infrastructure Assumes 10-20 year absorption and 50-year financing district duration Actual absorption will depend on market conditions and other factors Values in 2026 dollars
Project Component
February 2026 Page 1 of 15

12.81 Santa Cruz EIFD - Fiscal Impact Analysis
Summary of Estimated Fiscal Impacts to City Stabilized
Year 5 Year 10 Year 20 Year 30 Year 40 Year 50 Year 55
2031 2036 2046 2056 2066 2076 2081
Stabilized
Escalation
Rate
Year 0-50 Nominal
Total
Year 0-50
Present Value @

3.0%
City of Santa Cruz General Fund Revenues
Property / Possessory Interest Tax $1,654,500 $3,356,000 $4,510,100 $6,061,197 $8,145,742 $10,947,196 $12,690,801 3.0% $278,659,100 $111,228,800 Property Tax Allocation to EIFD ($827,300) ($1,678,000) ($2,255,100) ($3,030,666) ($4,072,961) ($5,473,720) $0 3.0% ($139,332,000) ($55,615,200) Property Tax In-Lieu of MVLF $572,500 $1,172,300 $1,575,400 $2,117,206 $2,845,348 $3,823,909 $4,432,959 3.0% $97,308,200 $38,828,500 Property Tax In-Lieu of MVLF Allocation to EIFD ($286,250) ($586,150) ($787,700) ($1,058,603) ($1,422,674) ($1,911,955) $0 3.0% ($48,654,100) ($19,414,300) Property Transfer Tax $26,200 $53,400 $71,800 $96,493 $129,679 $174,277 $202,035 3.0% $4,435,300 $1,770,000 Sales and Use Tax - Direct / On-Site $244,300 $566,300 $761,100 $1,022,855 $1,374,631 $1,847,389 $2,141,631 3.0% $46,840,500 $18,615,100 Measure H Transactions Tax - Direct / On-Site $65,300 $151,400 $203,500 $273,487 $367,544 $493,948 $572,621 3.0% $12,523,900 $4,977,200 Sales and Use Tax - Indirect / Off-Site $660,900 $1,438,100 $1,932,700 $2,597,387 $3,490,671 $4,691,170 $5,438,352 3.0% $119,159,700 $47,451,200 Measure H Transaction Tax - Indirect / Off-Site $176,700 $384,500 $516,800 $694,536 $933,398 $1,254,409 $1,454,204 3.0% $31,862,400 $12,687,900 Transient Occupancy Tax $3,563,200 $4,130,700 $5,551,400 $7,460,617 $10,026,446 $13,474,705 $15,620,876 3.0% $351,033,300 $143,678,000 Utility Users Tax $704,800 $1,604,500 $2,156,300 $2,897,887 $3,894,518 $5,233,906 $6,067,532 3.0% $132,773,400 $52,796,100 Franchise Tax $246,900 $562,000 $755,200 $1,014,926 $1,363,975 $1,833,069 $2,125,029 3.0% $46,501,700 $18,491,100 Admission Tax $101,000 $230,000 $309,100 $415,405 $558,269 $750,267 $869,765 3.0% $19,033,100 $7,568,400 Business License Tax $18,300 $29,400 $39,500 $53,085 $71,341 $95,877 $111,148 3.0% $2,461,200 $991,500 Parking Lot Tax $30,100 $68,500 $92,000 $123,640 $166,162 $223,308 $258,875 3.0% $5,664,700 $2,252,500 Other Taxes $101,100 $230,100 $309,200 $415,539 $558,450 $750,510 $870,046 3.0% $19,038,800 $7,570,600 Licenses and Permits $0 $0 $0 $0 $0 $0 $0 3.0% $0 $0
Grants and Intergovernmental $0 $0 $0 $0 $0 $0 $0 3.0% $0 $0 Charges for Services $1,519,700 $3,523,400 $4,735,100 $6,363,578 $8,552,117 $11,493,331 $13,323,920 3.0% $291,416,200 $115,813,800 Fines and Forfeitures $66,600 $151,600 $203,800 $273,890 $368,085 $494,676 $573,465 3.0% $12,548,500 $4,989,700 Rents and Miscellaneous Revenues $156,800 $357,000 $479,800 $644,811 $866,572 $1,164,601 $1,350,091 3.0% $29,543,700 $11,747,800 Other Financing Sources $311,800 $709,700 $953,800 $1,281,827 $1,722,669 $2,315,123 $2,683,862 3.0% $58,730,500 $23,353,800 Estimated Total Revenues $9,107,150 $16,454,750 $22,113,800 $29,719,098 $39,939,983 $53,675,997 $70,787,212 $1,371,548,100 $549,782,500 City of Santa Cruz General Fund Expenditures
City Attorney $45,500 $103,600 $139,300 $187,208 $251,591 $338,118 $391,971 3.0% $8,577,400 $3,410,700 City Council $15,600 $35,500 $47,700 $64,105 $86,152 $115,780 $134,221 3.0% $2,937,500 $1,168,200 City Manager $412,000 $937,900 $1,260,400 $1,693,872 $2,276,423 $3,059,322 $3,546,592 3.0% $77,609,500 $30,860,900 City - Non-Departmental $282,400 $642,900 $863,900 $1,161,009 $1,560,299 $2,096,912 $2,430,896 3.0% $53,195,100 $21,152,800 Economic Development $113,700 $258,900 $347,900 $467,549 $628,346 $844,445 $978,943 3.0% $21,421,800 $8,518,200 Finance $123,900 $282,000 $379,000 $509,344 $684,516 $919,932 $1,066,454 3.0% $23,336,400 $9,279,400 Fire $1,401,000 $3,189,500 $4,286,400 $5,760,563 $7,741,715 $10,404,218 $12,061,340 3.0% $263,935,000 $104,951,700 Human Resources $51,300 $116,900 $157,100 $211,129 $283,740 $381,323 $442,058 3.0% $9,673,000 $3,846,300 Information Technology $174,900 $398,200 $535,200 $719,264 $966,631 $1,299,071 $1,505,979 3.0% $32,954,500 $13,104,000 Library (City) $116,300 $269,700 $362,400 $487,035 $654,535 $879,640 $1,019,744 3.0% $22,303,800 $8,864,000 Parks and Recreation $1,127,500 $2,614,100 $3,513,200 $4,721,447 $6,345,230 $8,527,459 $9,885,662 3.0% $216,214,800 $85,927,200 Planning and Community Development $227,400 $517,800 $695,800 $935,097 $1,256,692 $1,688,889 $1,957,885 3.0% $42,844,300 $17,036,800 Police $1,880,200 $4,280,300 $5,752,400 $7,730,745 $10,389,474 $13,962,585 $16,186,462 3.0% $354,203,900 $140,846,400 Public Works $626,400 $1,425,900 $1,916,300 $2,575,347 $3,461,051 $4,651,363 $5,392,205 3.0% $117,996,000 $46,920,200 Estimated Total Expenditures $6,598,100 $15,073,200 $20,257,000 $27,223,714 $36,586,395 $49,169,056 $57,000,412 $1,247,203,000 $495,886,800 Estimated Annual Net Fiscal Impact $2,509,050 $1,381,550 $1,856,800 $2,495,384 $3,353,587 $4,506,941 $13,786,800 $124,345,100 $53,895,700 Revenue / Cost Ratio 1.38 1.09 1.09 1.09 1.09 1.09 1.24 1.10 1.11 Notes:

Assumes installation of necessary public infrastructure Values in 2026 dollars
Select years shown for illustration
February 2026 Page 2 of 15

12.82 Santa Cruz EIFD - Fiscal Impact Analysis
Project Description
Year 5 Year 10 Year 20
Project Component 2031 2036 2046
Residential - Market Rate Rental 1,191 DU 2,382 DU 2,382 DU Residential - Market Rate For-Sale 40 DU 79 DU 79 DU
Residential - Affordable Housing 338 DU 675 DU 675 DU
Hotel 401 rooms 401 rooms 401 rooms
Industrial / Flex 63,223 SF 126,445 SF 126,445 SF
Commercial / Retail 37,558 SF 75,115 SF 75,115 SF
Annual Escalation Factor 3.0% 1.16 1.34 1.81
Estimated A/V - Residential - Market Rental $500K Per Unit $690,347,711 $1,600,604,408 $2,151,078,480 Estimated A/V - Residential - Market For Sale $900K Per Unit $41,212,193 $95,552,455 $128,414,509 Estimated A/V - Affordable Housing $0K Per Unit $0 $0 $0 Estimated A/V - Hotel $500K Per Room $232,434,452 $269,455,234 $362,125,303 Estimated A/V - Industrial / Flex $200 PSF $14,658,441 $33,986,301 $45,674,747 Estimated A/V - Commercial / Retail $375 PSF $16,327,289 $37,855,605 $50,874,767 Total Estimated Assessed Value $994,980,086 $2,037,454,002 $2,738,167,806 Notes:

Adjusted for value appreciation assuming 2% annual escalation rate (statuatory maximum).

Conservatively assuming no mark-to-market valuations above 2% growth to account for property transfers Select years shown for illustration
Values in 2026 dollars
February 2026 Page 3 of 15

12.83 Santa Cruz EIFD - Fiscal Impact Analysis
Project Employment and Occupants
Year 5 Year 10 Year 20
Project Component 2031 2036 2046
Residential - Market Rate Rental 1,191 DU 2,382 DU 2,382 DU Residential - Market Rate For-Sale 40 DU 79 DU 79 DU
Residential - Affordable Housing 338 DU 675 DU 675 DU
Hotel 401 Rooms 401 Rooms 401 Rooms
Industrial / Flex 63,223 SF 126,445 SF 126,445 SF
Commercial / Retail 37,558 SF 75,115 SF 75,115 SF
Estimated # Employees (FTE)
Residential - Market Rate Rental 50 DU / emp 24 48 48
Residential - Market Rate For-Sale 0 DU / emp 0 0 0
Residential - Affordable Housing 50 DU / emp 7 14 14
Hotel 1.5 room / emp 267 267 267
Industrial / Flex 1,500 SF / emp 42 84 84
Commercial / Retail 400 SF / emp 94 188 188
Total Estimated # Employees (FTE) 434 601 601
Occupied Dwelling Units 93% 1,458 DU 2,916 DU 2,916 DU
Residents 2.38 per DU 3,471 6,941 6,941
Employees Weighted at 50% 50% 217 300 300
Total Service Population (Residents + Empl.) 3,688 7,242 7,242 Occupied Hotel Rooms 70% 281 rooms 281 rooms 281 rooms
Hotel Guests 1.5 per room 421 421 421
Notes:

Average household size reflects City average household size Select years shown for illustration
Values in 2026 dollars
February 2026 Page 4 of 15

12.84 Santa Cruz EIFD - Fiscal Impact Analysis
Property Tax
Year 5 Year 10 Year 20
2031 2036 2046
Estimated Assessed Value - Residential $731,559,905 $1,696,156,862 $2,279,492,989 Estimated Assessed Value - Non-Residential $263,420,181 $341,297,140 $458,674,817 Total Estimated Assessed Value $994,980,086 $2,037,454,002 $2,738,167,806 Total Secured Property Tax General Levy 1.00% $9,949,801 $20,374,540 $27,381,678 Estimated Unsecured Property Tax as % of Secured Non-Residential Value 10.00% $263,420 $341,297 $458,675 Total Estimated Secured + Unsecured Property Tax $10,213,221 $20,715,837 $27,840,353 Distributions to Taxing Entities
City of Santa Cruz 16.20% $1,654,500 $3,356,000 $4,510,100 City Allocation to EIFD (8.10%) ($827,300) ($1,678,000) ($2,255,100) Net Property Tax to City 8.10% $827,200 $1,678,000 $2,255,000 Notes:

General levy distributions represent tax rate area (TRA) average within boundary Does not include property tax overrides above 1% general levy or allocations to fire districts, County Library, or other entity distributions Select years shown for illustration
Values in 2026 dollars
Source: Santa Cruz County Auditor-Controller (2026)
February 2026 Page 5 of 15

12.85 Santa Cruz EIFD - Fiscal Impact Analysis
Property Tax In-Lieu of Motor Vehicle License Fees (MVLF) Total AV within CITY $12,804,305,160
Current Property Tax In-Lieu of MVLF $7,367,000
Prop Tax In-Lieu of MVLF per $1M of AV $575
Year 1 Year 5 Year 10 Year 20
2027 2031 2036 2046
Estimated Project Assessed Value $223,052,384 $994,980,086 $2,037,454,002 $2,738,167,806 Incremental Property Tax In-Lieu of MVLF to City $128,300 $572,500 $1,172,300 $1,575,400 City Allocation to EIFD ($64,150) ($286,250) ($586,150) ($787,700) Net Incremental Property Tax In-Lieu of MVLF to City $64,150 $286,250 $586,150 $787,700 Notes:

Select years shown for illustration
Values in 2026 dollars
Source: Santa Cruz County Auditor-Controller (2026)
February 2026 Page 6 of 15

12.86 Santa Cruz EIFD - Fiscal Impact Analysis
Property Transfer Tax
Year 5 Year 10 Year 20
2031 2036 2046
Estimated Assessed Value - For-Sale Residential $41,212,193 $95,552,455 $128,414,509 Estimated Property Turnover Rate 15.0% 15.0% 15.0%
Estimated Value of Property Transferred $6,181,829 $14,332,868 $19,262,176 Estimated Assessed Value - Other Land Uses $953,767,893 $1,941,901,548 $2,609,753,297 Estimated Property Turnover Rate 5.0% 5.0% 5.0%
Estimated Value of Property Transferred $47,688,395 $97,095,077 $130,487,665 Estimated Total Value of Property Transferred $53,870,224 $111,427,946 $149,749,841 Total Transfer Tax $1.10 per $1,000 $52,500 $106,800 $143,500 Transfer Tax to City $0.55 per $1,000 $26,200 $53,400 $71,800 Notes:

Select years shown for illustration
Values in 2026 dollars
Source: Santa Cruz County Auditor-Controller (2026)
February 2026 Page 7 of 15

12.87 Santa Cruz EIFD - Fiscal Impact Analysis
Sales Tax - Direct / On-Site
Year 5 Year 10 Year 20
Project Component 2031 2036 2046
Retail SF 37,558 SF 75,115 SF 75,115 SF
Portion of Industrial Buildings Generating Local Taxable Sales 75.0% 0 SF 0 SF 0 SF Total Sales-Generating SF 37,558 SF 75,115 SF 75,115 SF Estimated Taxable Sales $300 PSF $13,061,831 $30,284,484 $40,699,814 Sales Tax to City (incl. Measure L/S) 1.75% $228,582 $529,978 $712,247 Use Tax as % of 1% Bradley Burns Sales Tax 12.00% $15,674 $36,341 $48,840 Sales and Use Tax to City - Direct $244,300 $566,300 $761,100 Measure H Transactions and Use Tax to City - Direct 0.50% $65,300 $151,400 $203,500 Notes:

County General Fund sales tax for Revenue and Taxation Code Section 7203.1 Taxable sales PSF factor escalated 3% annually
Select years shown for illustration.

Values in 2026 dollars.

February 2026 Page 8 of 15

12.88 Santa Cruz EIFD - Fiscal Impact Analysis
Sales Tax - Indirect / Off-Site
Year 5 Year 10 Year 20
2031 2036 2046
Estimated # Employees 434 601 601
Estimated Annual Taxable Retail Spending / Empl. Near Work $6,956 $8,063 $10,837 Estimated Employee Taxable Retail Spending Within City $3,018,370 $4,842,594 $6,508,042 Estimated # Occupied Dwelling Units 1,458 DU 2,916 DU 2,916 DU Estimated Annual Taxable Retail Spending / HH $45,647 $52,917 $71,116 Estimated Resident Taxable Retail Spending $66,563,552 $154,330,801 $207,407,691 Estimated Capture within City 50.0% $33,281,776 $77,165,401 $103,703,846 Estimated # Occupied Hotel Rooms 281 rooms 281 rooms 281 rooms Estimated Annual Taxable Retail Spending / Room $21,157 $24,526 $32,962 Estimated Resident Taxable Retail Spending $5,938,700 $6,884,581 $9,252,301 Estimated Capture within City 50.0% $2,969,350 $3,442,291 $4,626,151 Total Estimated Indirect Taxable Sales $39,269,496 $85,450,286 $114,838,038 Less Estimated Capture Within District Retail (10%) ($3,926,950) ($8,545,029) ($11,483,804) Net Indirect Taxable Sales $35,342,547 $76,905,257 $103,354,235 Sales Tax to City (incl. Measure L/S) 1.75% $618,495 $1,345,842 $1,808,699 Use Tax as % of 1% Bradley Burns Sales Tax 12.00% $42,411 $92,286 $124,025 Sales and Use Tax to City - Indirect $660,900 $1,438,100 $1,932,700 Measure H Transactions and Use Tax to City - Direct 0.50% $176,700 $384,500 $516,800 Notes:

County General Fund sales tax for Revenue and Taxation Code Section 7203.1 Employee spending estimates based on "Office Worker Retail Spending Patterns: A Downtown and Suburban Area Study," ICSC.

Household spending based on average houshold income within City.

Hotel guest spending estimated based on American Hotel and Lodging Association (AHLA) data.

Adjusted for inflation assuming 3% annual inflation rate.

Select years shown for illustration.

Values in 2026 dollars.

February 2026 Page 9 of 15

12.89 Santa Cruz EIFD - Fiscal Impact Analysis
Transient Occupancy Tax ("TOT")
Year 5 Year 10 Year 20
2031 2036 2046
Estimated # Hotel Rooms 401 rooms 401 rooms 401 rooms
Average Daily Room Rate (ADR) $290 $336 $452
Average Occupancy Rate 70% 70% 70%
Annual Hotel Room Receipts $29,693,501 $34,422,906 $46,261,507 TOT to City 12.0% $3,563,200 $4,130,700 $5,551,400
Notes:

Adjusted for inflation assuming 3% annual inflation rate.

Select years shown for illustration.

Values in 2026 dollars.

February 2026 Page 10 of 15

12.90 Santa Cruz EIFD - Fiscal Impact Analysis
City Service Population
City Population 62,776
City Employee Population 26,009
Employee Weighting for Service Population 0.5
Weighted # Employees 13,005
Total City Service Population 75,781
Source: CA Department of Finance, U.S. Census Bureau Center for Economic Studies February 2026 Page 11 of 15

12.91 Santa Cruz EIFD - Fiscal Impact Analysis
City Multipler Revenue and Expenditure Factors
Year 5 Year 10 Year 20
Budget Category
Adopted City
Budget Allocation Basis
Relevant City
Population Percent Fixed
Per Capita
Factor
Annual
Escalation 2031 2036 2046
General Fund Revenues
Property Taxes (incl. MVLF in-lieu) $27,144,527 Estimated Separately via Case Study Method ------------------------------------------------- Sales & Use Taxes $27,874,000 Estimated Separately via Case Study Method ------------------------------------------------- Transient Occupancy Tax $12,943,498 Estimated Separately via Case Study Method ------------------------------------------------- Utility Users Tax $12,493,500 Service Population 75,781 0% $164.86 3.0% $191.12 $221.56 $297.76 Franchise Tax $4,375,900 Service Population 75,781 0% $57.74 3.0% $66.94 $77.60 $104.29 Admission Tax $2,388,200 Service Population 75,781 25% $23.64 3.0% $27.40 $31.76 $42.69 Business License Tax $948,200 Employment Base 26,009 0% $36.46 3.0% $42.26 $48.99 $65.84 Parking Lot Tax $710,700 Service Population 75,781 25% $7.03 3.0% $8.15 $9.45 $12.70 Other Taxes $2,388,600 Service Population 75,781 25% $23.64 3.0% $27.41 $31.77 $42.70 Licenses and Permits $1,486,200 N/A - Non-Recurring Revenue ------------------------------------------------------------------------ Grants and Intergovernmental $797,684 N/A - Non-Recurring Revenue ------------------------------------------------------------------------ Charges for Services $31,614,395 Residents 62,776 25% $377.70 3.0% $437.86 $507.60 $682.18 Fines and Forfeitures $1,180,600 Service Population 75,781 0% $15.58 3.0% $18.06 $20.94 $28.14 Rents and Miscellaneous Revenues $5,560,017 Service Population 75,781 50% $36.69 3.0% $42.53 $49.30 $66.26 Other Financing Sources $7,368,679 Service Population 75,781 25% $72.93 3.0% $84.54 $98.01 $131.72 Total General Fund Revenues $139,274,700
General Fund Expenditures
City Attorney $1,614,110 Service Population 75,781 50% $10.65 3.0% $12.35 $14.31 $19.23 City Council $552,890 Service Population 75,781 50% $3.65 3.0% $4.23 $4.90 $6.59 City Manager $14,605,992 Service Population 75,781 50% $96.37 3.0% $111.72 $129.51 $174.06 City - Non-Departmental $10,011,548 Service Population 75,781 50% $66.06 3.0% $76.58 $88.77 $119.30 Economic Development $4,031,606 Service Population 75,781 50% $26.60 3.0% $30.84 $35.75 $48.04 Finance $4,391,501 Service Population 75,781 50% $28.98 3.0% $33.59 $38.94 $52.33 Fire $24,835,888 Service Population 75,781 0% $327.73 3.0% $379.93 $440.45 $591.93 Human Resources $1,820,115 Service Population 75,781 50% $12.01 3.0% $13.92 $16.14 $21.69 Information Technology $6,201,604 Service Population 75,781 50% $40.92 3.0% $47.44 $54.99 $73.90 Library (City) $1,814,751 Residents 62,776 0% $28.91 3.0% $33.51 $38.85 $52.21 Parks and Recreation $17,591,825 Residents 62,776 0% $280.23 3.0% $324.87 $376.61 $506.13 Planning and Community Development $8,063,508 Service Population 75,781 50% $53.20 3.0% $61.68 $71.50 $96.09 Police $33,330,003 Service Population 75,781 0% $439.82 3.0% $509.88 $591.09 $794.37 Public Works $11,103,183 Service Population 75,781 0% $146.52 3.0% $169.85 $196.91 $264.63 Total General Fund Expenditures $139,968,524
Notes:

Adjusted for inflation assuming 3% annual inflation rate.

Select years shown for illustration.

Values in 2026 dollars.

Source: City of Santa Cruz 2023-2024 Revised Budget
February 2026 Page 12 of 15 12.92
Santa Cruz EIFD - Fiscal Impact Analysis
City Multipler Revenues and Expenditures
Year 5 Year 10 Year 20
2031 2036 2046
Estimated # Residents 3,471 6,941 6,941
Estimated # Employees 434 601 601
Total Project Service Population 3,688 7,242 7,242
Budget Category 2031 2036 2046
General Fund Revenues
Utility Users Tax $704,800 $1,604,500 $2,156,300
Franchise Tax $246,900 $562,000 $755,200
Admission Tax $101,000 $230,000 $309,100
Business License Tax $18,300 $29,400 $39,500
Parking Lot Tax $30,100 $68,500 $92,000
Other Taxes $101,100 $230,100 $309,200
Licenses and Permits $0 $0 $0
Grants and Intergovernmental $0 $0 $0
Charges for Services $1,519,700 $3,523,400 $4,735,100
Fines and Forfeitures $66,600 $151,600 $203,800
Rents and Miscellaneous Revenues $156,800 $357,000 $479,800 Other Financing Sources $311,800 $709,700 $953,800
Total Multiplier Revenues $3,257,100 $7,466,200 $10,033,800 General Fund Expenditures
City Attorney $45,500 $103,600 $139,300
City Council $15,600 $35,500 $47,700
City Manager $412,000 $937,900 $1,260,400
City - Non-Departmental $282,400 $642,900 $863,900
Economic Development $113,700 $258,900 $347,900
Finance $123,900 $282,000 $379,000
Fire $1,401,000 $3,189,500 $4,286,400
Human Resources $51,300 $116,900 $157,100
Information Technology $174,900 $398,200 $535,200
Library (City) $116,300 $269,700 $362,400
Parks and Recreation $1,127,500 $2,614,100 $3,513,200
Planning and Community Development $227,400 $517,800 $695,800 Police $1,880,200 $4,280,300 $5,752,400
Public Works $626,400 $1,425,900 $1,916,300
Total Multiplier Expenditures $6,598,100 $15,073,200 $20,257,000 Notes:

Major case study revenues not shown include property tax, sales tax, transient occupancy tax Adjusted for inflation assuming 3% annual inflation rate.

Select years shown for illustration.

Values in 2026 dollars.

Source: City of Santa Cruz 2023-2024 Revised Budget
February 2026 Page 13 of 15

12.93 Santa Cruz EIFD - Fiscal Impact Analysis
IMPLAN Inputs
Construction Inputs
Industry NAICS Category
Approximate Inputs
(Industry Spending)
58 - Construction of new multifamily residential structures $1,588,935,000 55 - Construction of new commercial structures, including farm structures $228,668,125 51 - Construction of new manufacturing structures $25,289,000 Ongoing Operation Inputs
Industry NAICS Category
Approximate Inputs
(Employment Change)
507 - Hotels and motels, including casino hotels 267 Jobs 412 - Retail - Miscellaneous store retailers 188 Jobs
422 - Warehousing and storage 84 Jobs
476 - Services to buildings 61 Jobs
February 2026 Page 14 of 15

12.94 Santa Cruz EIFD - Fiscal Impact Analysis
Summary of IMPLAN Economic Benefits
Economic Benefits from Construction (One-Time / Temporary) Employment Labor Income Economic Output
Direct (On-Site) 15,603 $1,168,281,012 $1,842,892,125
Indirect 1,189 $85,346,849 $270,047,461
Induced 3,549 $217,341,175 $652,728,288
Total Countywide 20,341 $1,470,969,036 $2,765,667,874
Estimated City Capture 15,840 $1,183,415,413 $1,889,030,912 Economic Benefits from Ongoing Operation (Annual)
Employment Labor Income Economic Output
Direct (On-Site) 601 $28,612,308 $65,499,126
Indirect 86 $6,185,849 $15,975,462
Induced 93 $5,725,792 $17,193,122
Total Countywide 779 $40,523,949 $98,667,710
Estimated City Capture 610 $29,207,890 $67,157,555
Notes
100% of direct benefits estimated to be captured on-site within the City. 5% of indirect and induced benefits estimated to be captured off-site within the City.

Estimated ongoing benefits upon build-out and stabilization.

February 2026 Page 15 of 15

12.95 City Council

AGENDA REPORT
DATE: 09/24/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of 1) Lori Ann Rivera, 2) Kristen L. Hsieh, 3) David W. Turner, and 4) Kelli Jelovic, based on staff recommendation.

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

1. Claimant: Lori Ann Rivera
Date of occurrence: 5/20/2026
Date of claim: 6/3/2026
Amount of claim: Unspecified
Claimant seeks reimbursement for vehicle damage allegedly caused by a City vehicle.

Self-Represented

2. Claimant: Kristen L. Hsieh
Date of occurrence: 7/21/2026
Date of claim: 9/2/2026
Amount of claim: $131.81
Claimant seeks reimbursement for vehicle damage allegedly caused by a damaged sidewalk and curb.

Self-Represented

13.1 3. Claimant: David W. Turner
Date of occurrence: 1/1/2026
Date of claim: 9/14/2026
Amount of claim: Unspecified
Claimant seeks damages related to alleged violations of his civil rights.

Self-Represented

4. Claimant: Kelli Jelovic
Date of occurrence: 3/24/2026
Date of claim: 9/22/2026
Amount of claim: $300,000.00
Claimant seeks damages for injuries allegedly sustained in a bicycle accident.

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

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

2. This recommendation requires a budget adjustment: No

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

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

13.2 City Council

AGENDA REPORT
DATE: 09/24/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Information Technology
SUBJECT: Application and Project Management Support for Information Technology Systems (IT)
LOCATION: Citywide
RECOMMENDATION: Motion to authorize the Information Technology Director to approve a contract change order or amendment, in a form to be approved by the City Attorney, increasing the expenditure limits set by the City Council at the April 28, 2026 City Council meeting with respect to the Vantagepoint Business Solutions, LLC (Vantagepoint) Professional Services Agreement, for application and project management support of critical information technology systems. The total contract value, inclusive of this amendment, shall not exceed $1,508,300.

BACKGROUND: The Information Technology (IT) Department is actively managing various application-related projects, strategically streamlining the City’s technology landscape and reducing dependence on legacy systems. This Citywide project will modernize the software solutions residents and employees rely on daily. To address this, the department works with professional services vendors leveraging advanced knowledge of the City's unique applications.

Support services include project management and assistance for applications serving key City systems such as:
 Utility billing
 Financial management
 Human resources management
 Permitting and licensing
 Asset management
 Document management
 Time management
This strategic approach plays a crucial role in maintaining the operational sustainability of the City's technology systems, minimizing downtime, disruption, and risk.

DISCUSSION: Recognizing the ongoing need for additional operational and project management support through professional services, the IT Department conducted a thorough and competitive Request for Proposals (RFP) to identify the most qualified vendor capable of meeting specific City requirements and offering a competitive cost proposition.

14.1 Following a comprehensive evaluation, VantagePoint Business Solutions, LLC emerged as the most qualified vendor based on a combination of demonstrated expertise in addressing the City's unique requirements and providing a cost-effective solution to the City’s needs.

Vantagepoint is being utilized for the Citywide implementation of new systems including Workday Enterprise Resource Planning, Teller Cashiering, and SpryPoint Utility Billing software. These complex system implementations have required extended timelines, increasing the resource hours needed for consistent coverage throughout the projects. The authorization approved by City Council on April 28, 2026 intended to accommodate an extended timeline with the same number of resource hours devoted to project activities as had been previously utilized.

However, unforeseen complexity of configuration in the final stages of the project resulted in a need for additional VantagePoint resources to support staff and maintain project timelines for this critical Citywide transition. These additional resources have been leveraged to assist in configuring gaps in functionality necessary for day-to-day City operations once systems go-live, as well as providing crucial support to City teams implementing project activities. The addition of resources has increased the total anticipated hours contracted in our current agreement.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This is not a project under CEQA.

HEALTH IN ALL POLICIES (HiAP): The City’s engagement with VantagePoint Business Solutions, LLC advances Health in All Policies (HiAP) by modernizing the software solutions residents and employees rely on daily. These improvements increase efficiency, expand digital access, and make essential services easier to use online, strengthening both equity and community well-being. The project also supports the 2030 Climate Action Plan by:
• Updating software to deliver modern, reliable online services. • Reducing trips by residents and City vehicles through expanded digital options. • Supporting technology solutions for hybrid work options.

By streamlining systems such as permitting, licensing, utility services, and payments, the City ensures that residents can more easily access services while reducing environmental impacts and promoting digital inclusion.

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

14.2 FISCAL IMPACT DESCRIPTION: There is no impact to the General Fund, and no budget adjustments are required as funds have already been budgeted. This amendment reflects the requested authority to increase the not-to-exceed contract amount by $375,000 above the previous City Council authorized contract amount of $1,133,300 to allow for potential additional services, if needed. The agreement with VantagePoint spans three years, with an option to renew for an additional two years under identical terms and conditions. The total contract for application and project management support services, including this amendment, shall not exceed $1,508,300 and is broken down over three years as follows:
 FY2026: $308,500
 FY2027: $892,400
 FY2028: $307,400
Prepared By:

El Johnson
Program Analyst II
Submitted By:

Ken Morgan
IT Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. 10.1.25 VANTAGEPOINT SIGNED SOW.PDF

2. 04-28-26 CITY COUNCIL MINUTES.PDF

3. FIRST AMENDMENT TO VANTAGEPOINT PSA.PDF

14.3 City of Santa Cruz Application and Project Support October 2025 Page 1
Professional Services Agreement With

VANTAGEPOINT BUSINESS SOUTIONS, LLC
For APPLICATION AND PROJECT SUPPORT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) for professional services is made by and between the City of Santa Cruz (“City”) and VANTAGEPOINT BUSINESS SOUTIONS, LLC (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of October 1st, 2025 (the “Effective Date”).

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

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

SECTION 2: RESPONSIBILITIES OF CONSULTANT
All services performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and agrees that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and workmanlike/professional manner, in accordance with the requirements of this Agreement. All services performed by Consultant pursuant to this Agreement shall conform to the specifications of the applicable Scope of Work for a period of ninety (90) days from the date of final acceptance by the City.

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

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

Consultant shall meet with Michael Schmidt, IT Assistant Director of the City’s Information Technology Department, hereinafter called " IT Assistant Director", or other designated and authorized City personnel, and/ or third parties as necessary, on all matters connected with carrying out Consultant’s services described in Exhibit A.

Such meetings shall be held at the request of either Party. Consultant shall obtain City’s review and acceptance of completed work monthly, or at other intervals as may be mutually agreed upon during the term of this Agreement.

Review or acceptance of Consultant’s work by City or its designee shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

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

14.4 City of Santa Cruz Application and Project Support October 2025 Page 2
The IT Assistant Director may authorize a City staff person to serve as their representative with respect to this Agreement. Consultant’s work shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure acceptance.

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

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Such payments shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work. Where conflicts regarding compensation may occur, the provisions of this section shall 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 written City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the Total Not to Exceed Amounts provided in the Exhibit B Fee Schedule without advance written City authorization in the form of an amendment or change order.

Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.

All invoices shall contain the following affidavit signed by Consultant (if individual) or by an authorized representative of Consultant (if Consultant is an entity):
“[I] or [As an authorized representative of Consultant, I] hereby certify that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is in accordance with the terms of the Agreement by and between the City of Santa Cruz and (Insert Party Name) 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 Scope of Work covered by this Agreement. If funding is reduced or deleted for the Scope of Work 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 any reduced amount.

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

14.5 City of Santa Cruz Application and Project Support October 2025 Page 3
x Days between hotel stays and days starting before 8am and ending after 7pm, qualify for the full GSA Meals & Incidental per diem rate.
܈ Ground Transportation: Ground transportation is reimbursable when it is for travel between the Consultant’s place of business, an airport, or Santa Cruz hotel, as applicable, to the City work location.

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

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

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

General Rule

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

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

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

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Consultants will exercise prudence in incurring reimbursable expenses.

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

14.6 City of Santa Cruz Application and Project Support October 2025 Page 4
SECTION 6: CHANGES IN WORK
City may negotiate changes to the Scope of Work. No changes to the Scope of Work shall be made without the prior written agreement between City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for three years and commence on the Effective Date of this Agreement and terminate on October 1st, 2028. At the option of the City, this Agreement may be renewed for up to two (2) additional years under the same contractual terms and conditions by letter agreement.

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

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

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

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

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

Consultant must provide a written notice of termination to the City not less than 60 calendar days of the effective termination date.

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. If the City decides to obtain services elsewhere, the City shall provide Consultant with a written estimate of the increased costs the City reasonably expects to incur as a result. Upon receiving such estimate from the City, the Consultant shall have ten (10) business days to provide a written response. A senior executive from each Party shall consult and negotiate to reach a solution. If an amicable

14.7 City of Santa Cruz Application and Project Support October 2025 Page 5
solution cannot be reached between the Parties within fifteen (15) days from Consultant’s response to the City, it will be referred to Dispute Resolution pursuant to Section 14, subsection 18 of this Agreement. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

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

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

In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.
, IN NO EVENT OR CIRCUMSTANCE SHALL CONSULTANT’S TOTAL AGGREGATE LIABILITY TO

THE CITY, WHETHER ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY CAUSE OR

CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,

TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, EXCEED TWO TIMES

THE CUMULATIVE AMOUNT PAID TO CONSULTANT BY THE CITY UNDER THAT SCOPE OF WORK WHICH GAVE RISE TO, OR UNDER WHICH THE CLAIM HAS ARISEN. THE FOREGOING CAP IS AN

AGGREGATE FOR ALL CLAIMS AND SHALL NOT BE INCREASED BY MULTIPLE CLAIMS SUBJECT TO THE SAME, OVERLAPPING, OR ENTIRELY SEPARATE LOOKBACK PERIODS. THIS LIMITATION ON LIABILTY SHALL NOT APPLY TO CONSULTANT’S INDEMNITY OBLIGATIONS HEREUNDER, OR CONSULTANT’S FRAUD, WILLFUL MISCONDUCT, OR VIOLATION OF LAW (WHETHER NEGLIGENT OR WILLFUL). EXCEPT FOR CONSULTANT’S INDEMNIFICATION OBLIGATIONS HEREIN, AND EXCEPT FOR LIABILITY CAUSED BY A PARTY’S FRAUD, WILLFUL MISCONDUCT, OR VIOLATION

OF LAW (WHETHER NEGLIGENT OR WILLFUL), IN NO EVENT OR CIRCUMSTANCE SHALL EITHER

PARTY BE LIABLE FOR ANY LOST PROFITS, LOST REVENUES, LOST DATA OR INDIRECT,

INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHETHER IN AN

ACTION, IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.8 City of Santa Cruz Application and Project Support October 2025 Page 6
SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

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

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

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

SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager/Key Staff. The IT Assistant Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement.

Consultant shall replace the project manager or key staff upon the IT Assistant Director’s request due to the IT Assistant Director’s concern about their performance. Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.

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

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

14.9 City of Santa Cruz Application and Project Support October 2025 Page 7
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

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

Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, or acting on Consultant’s behalf pursuant to this Agreement, as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultants is an independent obligation from the City’s obligation to make payments to the Consultant.

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

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, (Gov’t. Code §§1090, 87100), Levine Act (Gov’t. Code §84308), and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

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

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

Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable. Notwithstanding any other provision of this Agreement to the contrary, Consultant shall retain the

14.10 City of Santa Cruz Application and Project Support October 2025 Page 8
rights in any pre-existing standard drawing details, designs, specifications, databases, computer software, proprietary information, documents, templates, and any other property owned by Consultant on the date of this Agreement or developed outside of this Agreement.

9. Intellectual Property and Indemnity.
a. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity. b. To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement. c. If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information. b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized

14.11 City of Santa Cruz Application and Project Support October 2025 Page 9
access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense if Consultant was the cause of the breach. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

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

11. Consultant's Records/Audits. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, in compliance with Gov. Code §8546.7 for a contract in excess of $10,000, or in compliance with other applicable federal laws (e.g. 48 CFR 31) or regulations for a period of three (3) years from: the date of the final City payment for Consultant's services, or from the date of final disposition of real property or equipment acquired with federal funds, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

14. Licensure. Consultant agrees that Consultant, its subcontractors and/or agents (if any) has/have complied with all applicable federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
x Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz;

14.12 City of Santa Cruz Application and Project Support October 2025 Page 10
x Will perform actual work in the City of Santa Cruz for 6 or more days annually; or x Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

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

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

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work

14.13 City of Santa Cruz Application and Project Support October 2025 Page 11
pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

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

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

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

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

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

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

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

14.14 City of Santa Cruz Application and Project Support October 2025 Page 12

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:

Information Technology
Michael Schmidt
809 Center Street, Room 8
Santa Cruz, CA, 95060
[email protected]
831-420-5003
To CONSULTANT:

VantagePoint Business Solutions, LLC
Greg Wright
16410 Waxmyrtle Road
Alpharetta, GA 30004
[email protected]
770-354-3997
The Parties must provide notice of any changes to the above information in writing at least 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]

14.15 City of Santa Cruz Application and Project Support October 2025 Page 13
Approved As To Form:

By: _____________________________ Date: __________________ Stephanie Hall, Office of the City Attorney

CITY OF SANTA CRUZ
By: ______________________________ Date: _________________ Matt Huffaker, City Manager

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ ____________________
h i H ll Offi f t
9/10/25

Gregory Wright CEO
10/1/2025
10/1/2025

14.16 City of Santa Cruz Application and Project Support October 2025 Page 14
EXHIBIT A: SCOPE OF WORK
The Scope of Work entails the provision of ad hoc support services for application and project-related support to the City of Santa Cruz Information Technology Department. Assistance will be delivered on an hourly rate basis, rather than by project, covering various applications and interfaces. Interactions are scheduled during regular business hours, with the possibility of occasional off-hours support as necessary, which will be mutually agreed upon in writing by both Parties. The scope of work is not confined to the specifics outlined below, and its evolution into project-oriented tasks will be determined by the needs articulated by the City of Santa Cruz.

Services will be performed remotely, unless agreed to otherwise by both Parties. Should the Consultant be required to be onsite, the City of Santa Cruz agrees to reimburse the Consultant as per rates described in Section 5: Travel Reimbursement Policy. The City of Santa Cruz will provide the Consultant with timely remote access to the necessary systems and applications of the City.

Details for the support of various applications are outlined but not limited to the following support needs below:

Eden Enterprise Resource Planning Application Support:
x Offer ad hoc support and enhancement services as requested. x Address recurring processes for HR data from Eden to AD and AD data to Eden. x Assist with loading position data from xlsx into Eden. x Provide ad hoc support during Calendar Year-End as required. x Address ad hoc needs for UB enhancements and reports.

Tyler Cashiering Application Upgrade:
x Provide ad hoc support for the upgrade of Tyler Cashiering and respond to interface issues. x Address ad hoc interface support for Eden to Cashiering, CRW TrakIT to Eden, etc.

CRW TrakIT Land Use Management Application Support:
x Offer ad hoc support for Tech Fee and enhancements.
x Conduct ad hoc data cleansing, including extraction and evaluation of data quality for master data fixes.

Hylands – OnBase Document Management Application Support and Upgrade:
x Provide ad hoc support for the Public Request Module.

Gasboy (EKOS) Application Support:
x Offer ad hoc support and enhancements.
x Beacon and AMI Integrations:
x Provide ad hoc support and enhancements.

MyCity of Santa Cruz Application Support:
x Address ad hoc interface support and enhancements.

14.17 City of Santa Cruz Application and Project Support October 2025 Page 15
General IT Support:
x Assist City IT with ad hoc support for various applications and interfaces.

AIMS Parking Application Support and Upgrade:
x Implement AIMS upgrade as needed.
x Implement LPR solution as needed.
x Provide ad hoc support for current AIMS.
x Provide ad hoc support for upgraded AIMS and LPR.

Tyler Enterprise Permitting and Licensing (EPL)
x Data Mapping/Conversion from TrakIT to Tyler EPL
x Data Cleanup assistance
x Cashiering migration to next generation system (Can/AM Teller and Workday) Data Migration Support
x Support the efforts to move from Tyler Eden and Cashiering to Workday and Can/AM Teller Cityworks Computerized Maintenance Management System (CMMS) Application Implementation:
x Implement Cityworks and address ad hoc needs for migrating remaining departments (Fleet and Wharf) from CMMS.

14.18 City of Santa Cruz Application and Project Support October 2025 Page 16
EXHIBIT B: FEE SCHEDULE
Fiscal
Year Resource
Hourly
Rate
Total
Hours Total Not to Exceed Amount
FY26 Senior Solutions Architect $200 1000 $205,500 Solution Consultant $185 30 FY27 Senior Solutions Architect $200 1500 $307,400 Solution Consultant $185 40 FY28 Senior Solutions Architect $200 1500 $307,400 Solution Consultant $185 40 All fees and actual business expenses incurred will be billed to the City twice a month. The City will pay thirty (30) days after receipt of a correct and undisputed invoice.

14.19 City of Santa Cruz Application and Project Support October 2025 Page 17
EXHIBIT C: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:
x 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. x PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract of work. x AUTOMOBILE LIABILITY:

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

14.20 City of Santa Cruz Application and Project Support October 2025 Page 18
(Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
x For Data Security and Privacy Liability

1. Consultant shall maintain one or more insurance policies - Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $3,000,000 per occurrence or claim, $3,000,000 aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this contract.

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

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

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

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
x ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). x PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory as respects the City, its officers, officials, employees, agents, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s and all subcontractor’s insurance and will not contribute with it. x NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
x WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
x EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The

14.21 City of Santa Cruz Application and Project Support October 2025 Page 19
excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
x SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
x 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.
x 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. x VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy (and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

14.22 April 28, 2026 CITY COUNCIL MINUTES 8242
Consent Agenda (continued)

9. Application and Project Management Support for Information Technology Systems (IT)
LOCATION: Citywide
Motion carried authorizing the Information Technology Director to approve a contract change order or amendment, in a form to be approved by the City Attorney, increasing the expenditure limits set by Council at the September 30, 2025 City Council meeting with respect to the Vantagepoint Business Solutions, LLC (Vantagepoint) Professional Services Agreement, for application and project management support of critical information technology systems.

The total contract value, inclusive of this amendment, shall not exceed $1,133,300.

10. Donation from the Community Foundation of Santa Cruz County to Support the Abbott Lighthouse (PR)
LOCATION: District 3
Motion carried to:
• Accept a donor-funded light beacon from the Community Foundation of Santa Cruz County (CFSCC) for the Abbott Lighthouse;
• Approve of the City accepting funds raised by the CFSCC to support longterm maintenance of the building; • Approve the maintenance of the Abbott Lighthouse as described in this agenda report; and
• Adopt a CEQA finding of categorical exemption pursuant to 14 CCR 15301 (existing facilities) and 14 CCR 15061 (common sense exemption).

14.23 First Amendment to Professional Services Agreement with Vantagepoint June 2026 Page 1

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

VANTAGEPOINT BUSINESS SOLUTIONS, LLC
THIS FIRST AMENDMENT (“First Amendment”), effective as of _________, (the “Effective Date”) to the PROFESSIONAL SERVICES AGREEMENT dated October 1, 2025 is made by and between the CITY OF SANTA CRUZ (“City”) and Vantagepoint Business Solutions, LLC (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”

RECITALS
WHEREAS, on September 30, 2025, City Council set certain expenditure limits with respect to the Vantagepoint Business Solutions, LLC Professional Services Agreement, for application and project management support of critical information technology systems; WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement for Application and Project Support dated October 1, 2025 (the “Agreement”), incorporated herein by this reference;
WHEREAS, on April 28, 2026, City Council authorized the City’s Information Technology Director to approve an amendment to the Agreement increasing the expenditure limits previously set by Council.

The new total contract value shall not exceed $1,133,300; and WHEREAS, City and Consultant desire to enter into this First Amendment to the Agreement to amend Exhibit B: Fee Schedule, as specified herein.

AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Parties agree to the following:

1. Exhibit B: Fee Schedule of the Agreement is hereby amended to revise the prior Total Not to Exceed Amounts for each fiscal year in Exhibit B of the Agreement, and replace the prior Exhibit B: Fee Schedule with the amended Fee Schedule, which is attached hereto as Exhibit B-1 and incorporated herein. The new Total Not to Exceed Amount for the total contract shall not exceed $1,133,300. This new amount is within the council approved project budget.

2. Except as amended by this First Amendment, all other applicable terms and conditions of the original Agreement shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

3. Each party acknowledges that it has reviewed this First 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 First Amendment.

Docusign Envelope ID: 6FE73589-1C86-8560-839E-7E8D22181906

14.24 First Amendment to Professional Services Agreement with Vantagepoint June 2026 Page 2

4. The unenforceability, invalidity or illegality of any provision(s) of this First Amendment shall not render the other provisions unenforceable, invalid or illegal.

5. The Parties may execute this First 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 First Amendment warrant and represent that each is authorized to execute this First Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this First Amendment.

IN WITNESS WHEREOF, the City and the Consultant have executed this First Amendment effective as of the Effective Date.

Approved As To Form:

By: _____________________________ Date: ___________
Office of the City Attorney

CONSULTANT
By: _____________________________ Date: __________________ Printed: _________________________ Title: _________________________ By: _____________________________ Date: __________________ Printed: _________________________ Title: __________________ Signature Requirements for Business Entity:
a. Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer b. Partnership - Signature of General Partner, or signature of partner who is authorized to execute documents per the Certificate of Partnership. If authorized partner is a corporation, follow Corporation signature requirement. c. LLC- For a member-managed LLC, signature of any member. For a manager-managed LLC, signature of the manager. If the LLC has corporate officer designations, follow Corporation signature requirement.

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker, City Manager
Docusign Envelope ID: 6FE73589-1C86-8560-839E-7E8D22181906 Greg Wright CEO
7/24/2026
8/3/2026
8/12/2026

14.25 First Amendment to Professional Services Agreement with Vantagepoint June 2026 Page 3
EXHIBIT B-1
Fiscal Year Resource Hourly
Rate
Total Not to Exceed Amount
FY 26 Senior Solutions Architect
Solution Consultant
$200
$185
$308,500
FY 27 Senior Solutions Architect
Solution Consultant
$200
$185
$517,400
FY 28 Senior Solutions Architect
Solution Consultant
$200
$185
$307,400
All fees and actual business expenses incurred will be billed to the City twice a month. The City will pay thirty (30) days after receipt of a correct and undisputed invoice.

Docusign Envelope ID: 6FE73589-1C86-8560-839E-7E8D22181906

14.26 City Council

AGENDA REPORT
DATE: 09/24/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Public Works
SUBJECT: Resource Recovery Facility - Hope Services, Inc. Contract Approval (PW) LOCATION: District 6
RECOMMENDATION: Motion to authorize and direct the City Manager to approve a new contract with Hope Services, Inc. (Santa Cruz, CA) for recycling and litter control services at the City’s Resource Recovery Facility on Dimeo Lane.

BACKGROUND: For the last twenty-six years Hope Services, Inc., a local rehabilitationtraining program, has provided employment to developmentally disabled workers through an annual contract with the City of Santa Cruz (City) Resource Recovery Facility (RRF) at Dimeo Lane. Under the terms of this agreement eight Hope Services workers, on average, help sort recycled materials being processed on the City’s single-stream sorting line and help to control litter in and around the RRF.

DISCUSSION: The Hope Services contract enables the City to meet its recycling and diversion objectives by providing supplementary staffing for the sorting equipment the City operates at the RRF. This enables regular City recycling staff to perform a growing list of more specialized duties, such as baler operation, oil and oil filter recycling, operation of loaders and forklifts, and packing and documenting electronic waste. This contract also provides City workers’ time to sort more difficult materials and reduce contaminants from recycled materials, allowing the City to collect more revenue when it sells recycled materials, which supports lower rates for refuse customers.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a project under CEQA. (14 CCR § 15378(b), “Project does not include: . . . (2) Continuing administrative or maintenance activities[.]”) HEALTH IN ALL POLICIES (HiAP): This action is consistent with the City’s HiAP initiative by supporting community connection, partnering with Hope Services to promote equity, inclusion, and wellness by integrating support services and outreach that address the root cause of health disparities and enhances overall community wellbeing.

15.1 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: Funding for this contract is included in the proposed FY 2027 Recycling Processing budget within the refuse fund total cost of $258,000.00. There is no impact to the General Fund.

Prepared By:

Eleazar Mejinez
Resource Recovery Supervisor
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. HOPE SERVICES PROPOSED CONTRACT.PDF

15.2 Docusign Envelope ID: 74986A08-0A29-4C85-8EB6-D8B4A37EA016 1 Agreement Between
City of Santa Cruz
and HOPE Services for Recycling and Litter Control Services 2026-2027
This agreement is entered into this 1st day of July2026, by the City of Santa Cruz, a Municipal Corporation, and HOPE Services, Inc., a California non-profit Corporation whose address is 220 Lincoln Street, Santa Cruz 95060 (hereinafter referred to as “HOPE” or "Contractor").

Recitals
WHEREAS: The City of Santa Cruz is in need of services to provide assistance processing assorted recyclable materials at the 605 Dimeo Lane Resource Recovery Facility, and supplementing the City’s litter control program, and wishes to incorporate the employment of people with disabilities.

WHEREAS: Contractor is willing to provide such services for the purposes set forth herein on the terms and conditions set forth below. In consideration of the mutual covenants herein set forth for the above named project, it is agreed to as follows:

A. DUTIES OF THE CONTRACTOR: The Contractor shall provide the following services:

1. Definitions:

Client: A HOPE worker that has a developmental disability or is a person that is in another referral program with the Department of Rehabilitation.

Production Worker: A person working on the recycling line that is not a client. This person could be a Substitute Job Coach or a hired non-client worker who works the same work shift as a HOPE client.

15.3 Docusign Envelope ID: 74986A08-0A29-4C85-8EB6-D8B4A37EA016 2 Job Coach: A person on HOPE’s staff that supervises HOPE’s clients, models work behaviors, monitors clients’ interactions, insures client safety, trains clients and is normally scheduled to work on the Recycle Work Crew, sorting 50% of the time.

2. Recycle Work Crew
HOPE intends to provide a minimum of 3 clients and 1 Job Coach each day. HOPE’s Job Coaches are scheduled to work ½ of their time sorting on the recycling line and ½ of their time coaching clients and handling client relations.

From time to time additional HOPE’s clients may work on the recycle line to be assessed for job preferences and suitability for potential inclusion on the recycle line. There is no additional cost to the City for this additional work service.

Work Crew Schedule:
7 hours each day; (9:00 a.m. – 4:00 p.m.), with two (2) ten-minute breaks and one unpaid 30-minute lunch period for a total of 6.5 hours working.

Monday – Friday
Work Crew Duties will include: Separating recyclable items, general clean-up and litter control.

As dictated by the program and facility design, crewmembers may be shifted into other specific jobs that are mutually agreed upon.

Litter Control specifics:
a.) Duties will include: Patrol the approximate 1.5 miles of roads and byways of the Resource Recovery Facility to control plastic bags, litter and other refuse. Litter will be safely within HOPE’s workers’ reach using City of Santa Cruz provided implements. A map will be provided for our crew of the areas to be targeted. b.) The City of Santa Cruz will provide all equipment, special clothing, rain gear, safety vests, safety cones and the pick up of filled litterbags. c. Hazardous materials or objects over 30 pounds will be flagged for City of Santa Cruz handling.
d.) The City of Santa Cruz will provide safety training on litter control for HOPE’s Job Coaches and HOPE’s workers and daily direction for work start points. e.) As dictated by the program and facility design, crewmembers may be shifted into other specific jobs upon mutual agreement.

15.4 Docusign Envelope ID: 74986A08-0A29-4C85-8EB6-D8B4A37EA016 3 B. COMPENSATION

1. Compensation to be paid to Contractor includes, and the Contractor shall be liable for, all taxes, raises, assessment and other charges levied by any government agency on, or because of, the services performed hereunder.

2. Compensation rates:

Daily Rate:
$510.25 daily rate per crew
C. All services performed shall be in compliance with all applicable laws, including, without limitations, those relating to health and safety, licensing, prevailing wages and the like.

D. In performance of the services described herein, the Contractor, its agents, officers, and employees shall be independent contractors of the City of Santa Cruz shall not be treated or considered employees of the City of Santa Cruz.

E. Contractor shall have full and exclusive liability for the payment of any and all taxes and contributions for unemployment insurance retirement benefits, life insurance, pensions, annuities and similar benefits which may now or hereafter be imposed by law with respect to persons employed by the Contractor for performance of service under this agreement.

F. GENERAL PROVISIONS:

1. Workmanship and Supervision. In performance pursuant to this Agreement, Contractor shall provide the highest quality workmanship available. All work shall be performed by personnel directly employed and supervised by the Contractor. Contractor shall provide management and technical supervision asrequired to implement the work.

2. Equipment and Labor. Contractor shall use and furnish, unless otherwise indicated herein, at its own expense, all labor necessary for the satisfactory performance of the work set forth in this Agreement. City of Santa Cruz to provide all recycle equipment and the following safety equipment for Contractor's recycle crew workers: gloves, earplugs, and safety eye wear. City of Santa Cruz will also provide sufficient space for lockers and a worker break area.

15.5 Docusign Envelope ID: 74986A08-0A29-4C85-8EB6-D8B4A37EA016 4 3. Holidays. The following days are statutory holidays on which Contractor shall not be obligated to perform any service:

Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Annual Picnic
Additionally, HOPE’s Workers will be required to work only until 11:30am on the day of the HOPE’s Annual Picnic unless other agreements are made previous to the date, which is yet to be announced.

4. Security: Contractor shall comply with the City of Santa Cruz’s regular security regulations, including but not limited to:
a. All employees of Contractor will have identification materials in the possession of the Job Coaches.
b. Contractor shall follow and modify as necessary an
Illness and Injury Prevention Program (I.I.P.P.)
G. HOLD HARMLESS: All Officers, agents, employees, subcontractors, their agents, officers, and employees who are hired by Contractor to perform pursuant to this Agreement, shall be deemed officers, agents, employees and subcontractors of Contractor. Contractor shall indemnify, defend, save, and hold harmless, the City of Santa Cruz, its officials, officers, agents and employees from any and all law suits, damages, liability, claims or costs (collectively, “Losses”) of any nature whatsoever arising out of, or resulting from, either directly or indirectly, the performance of this Agreement to the maximum extent allowed by law, except for such Losses caused by the sole negligence or willful misconduct of the City of Santa Cruz, its officials, officers, agents, or employees.

H. INSURANCE: Contractor shall secure, maintain in full force and effect, and bear the costs of complete Workers' Compensation Insurance, in accordance with the Labor Code, for the duration of the Agreement, and shall furnish to the City of Santa Cruz, prior to the execution of the Agreement, a Certificate of Insurance which meets the requirements of the Labor Code. The City of Santa Cruz, or any of its officers or employees, will not be responsible for any claims or law suits or equity occasioned by the failure of Contractor to comply with the provisions of this Paragraph.

15.6 Docusign Envelope ID: 74986A08-0A29-4C85-8EB6-D8B4A37EA016 5 Contractor shall maintain in force public liability and property damage insurance, ample in amount to cover all awards of judgments for any death, injury, loss or damage arising out of the performance of the work by Contractor.

Business, Auto and Public Liability Insurance shall be in the amount of not less than One Million Dollars and No Cent ($1,000,000.00) for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars and No Cent ($1,000,000.00) per occurrence.

Contractor shall file with the City of Santa Cruz, prior to execution of the Agreement, a Certificate of Insurance issued by the insurance carrier certifying that the stipulated insurance policies are in effect and that thirty (30) days written notice will be given to the City of Santa Cruz prior to cancellation or reduction in coverage thereof. The City of Santa Cruz, its officials, officers, employees, and agents shall be named as additional insureds under the policies.

The City of Santa Cruz, its agents, officials, officers, and/or employees shall not be liable or responsible for any accident, loss or damage as a result of the work in the Agreement or costs of expense in law or equity arising out of damages to property or personal injury by reason of or in the course of performing Contractor's responsibilities by Contractor’s employees, agents, or subcontractors under this Agreement.

I. PAYMENT TERMS: Total compensation depends on the total number of days approved and worked and shall be paid to Contractor bi-monthly, payable on or before the fifteenth and thirtieth day of the month following the month service is performed.

Contractor shall submit all invoices per City of Santa Cruz accounts payable schedule. City of Santa Cruz agrees to pay Contractor according to the payment schedule in this contract for each day approved and worked during the term of the Agreement as total compensation for all services rendered herein. Payment for all services contained in this Agreement is for all labor services, supervision, quality assurance and performance. Contractor agrees to perform all service herein in a workmanlike manner.

J. GENERAL: No member, officer, or employee of City of Santa Cruz, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof and Contractor agrees not to allow, permit, grant, transfer or otherwise do anything which will result in such member, officer, or employee of the City of Santa Cruz from having such interest.

K. LAW GOVERNING: This Agreement shall be governed by the laws of the State of

15.7 Docusign Envelope ID: 74986A08-0A29-4C85-8EB6-D8B4A37EA016 6 California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the Superior Municipal Court for the County of Santa Cruz.

L. MODIFICATION OF AGREEMENT: This Agreement may be modified only by a written amendment signed by both parties hereto. A thirty (30) day written notice will be provided in the event of an increase or decrease in average crew number.

M. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City of Santa Cruz, and any attempt by Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

N. ENTIRE AGREEMENT: This Agreement represents the entire understanding of the parties as to these matters, contained herein. No prior oral or written under-standing shall be of any force or effect with respect to these matters covered hereunder.

O. CIVIL RIGHTS COMPLIANCE: Contractor must be in compliance with the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, which prohibits employment discrimination on the basis of race, color, religion, sex, national origin, or age. In addition, Contractor will not discriminate in employment on the basis of physical handicap or sexual orientation. This requirement shall apply (but not be limited) to: recruitment, employment, promotion, demotion, transfer, compensation, training and termination. Contractor should also maintain an affirmative action plan to ensure that applicants are employed and that employees are treated during employment without regard to sex their race, color, religion, sex national origin, age, physical handicap or sexual orientation. In the event of the Contractor's noncompliance with this clause, Contractor may be declared ineligible for further contracts with the City of Santa Cruz.

P. CANCELLATION: Notwithstanding any other provisions of this Agreement to the contrary, this Agreement may be terminated at any time by either party upon thirty (30) days written notice as follows:

Contractor: Regional Manager of Vocational Services
Hope Services
Heather Perez, (831) 600- 1512/Cell 650-703-6309
220 Lincoln Street
Santa Cruz, CA., 95060

15.8 Docusign Envelope ID: 74986A08-0A29-4C85-8EB6-D8B4A37EA016 7 City of Santa Cruz: Public Works Director
City of Santa Cruz
809 Center Street, Room 201
Santa Cruz. CA. 95060
Q. TERM: This Agreement shall be for the period of twelve (12) consecutive calendar months, commencing on the 1st day of July 2026 and ending on the last day of June 2027, unless otherwise terminated, as provided herein.

In Witness Whereof, the parties hereto have executed this Agreement on the date first above written in the City of Santa Cruz, California.

City of Santa Cruz: City of Santa Cruz,
809 Center Street
Santa Cruz, CA. 95060
By:

Michelle Templeton
Acting City Manager
Contractor: Hope Services, a private, non-profit
corporation
By:

Hope Services’ CFO Vinay Behl
Approved as to Form: Date:

Office of the City Attorney
rev. 06/29/26
06-29-2026

15.9 City Council

AGENDA REPORT
DATE: 09/24/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Public Works
SUBJECT: Annual Permit Compliance Services at the Santa Cruz Resource Recovery Facility – Contract Amendment No. 1 (PW)
LOCATION: District 6
RECOMMENDATION: Motion to authorize the City Manager to execute Contract Amendment No.1 with GeoLogic Associates (Ontario, CA) for permit compliance services for the Resource Recovery Facility in the amount of $227,618 in a form approved by City Attorney.

The Public Works Director is authorized to execute future amendments within the approved project budget.

BACKGROUND: Over the past 20 years, GeoLogic Associates (GLA) has consistently supported the City with compliance at the Dimeo Lane Resource Recovery Facilities (RRF). The facility has extensive annual permitting requirements, including groundwater and surface water monitoring and reporting. Other tasks have included design support for landfill projects, and construction quality assurance oversight for capital and remediation projects.

GLA consulting services at the RRF have typically consisted of the following tasks:
 Quarterly, annual, and seasonal environmental monitoring services, including groundwater and surface water sampling;
 Perform data analyses and prepare semi-annual monitoring reports per the RRF’s regulatory permits;
 Provide hydrogeologic characteristics analyses such as groundwater migration trends and slope stability to support the landfill’s cell development and other projects;  Maintenance and repairs of compliance monitoring wells to ensure monitoring events are carried out accurately;
 Provide various regulatory support such as permit reviews and developing correction action and mitigation plans.

DISCUSSION: The scope required for the upcoming annual environmental compliance work has expanded because of increasingly stringent regulatory requirements and oversight. The expanded requirements include additional monitoring locations, increased frequency, and more parameters. Sampling events have gone from quarterly to monthly and require more time to collect the increased samples.

16.1 In addition to the expanded monitoring scope described above, this year also falls within the 5- year cycle to sample extra parameters known as constituents of concern. This event requires sampling parameters beyond the routine parameters list, adding to the cost of sampling, reporting and lab analysis. This sampling event is a periodic cost that will not appear in the annual scope again until 2031.

To offset the growing data management burden associated with the expanded monitoring scope, this proposal includes a one-time fee to implement a secure online database with GLA. The database allows analytical results to be imported directly from the lab, which will reduce time spent manually entering data into historical tables and eliminate the potential for transcription error. This will also reduce the amount of time required for staff to review sampling data, track monitoring events, and generate reports. There is no annual fee associated with this item.

The scope of work for this contract includes:
 5-year constituents of concern sampling event, which expanded the list of parameters substantially. The next event will be in 2031.
 Additional monitoring locations and sampling frequency increased from quarterly to monthly as select locations as part of an evaluation program to assess how seasonality effects surface water chemistry.
 Longer field duration per event due to increased sample volume.  Increased time to prepare compliance reports to include additional analytical data.  One-time fee to implement a project database for City staff to review sampling data, track events, and generate reports.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The is not a project under CEQA. (See 14 CCR § 15378(b): “Project does not include: . . . (2) Continuing administrative or maintenance activities[.]”) Additionally, the following exemptions apply: 14 CCR § 15306 (Information Collection) and 14 CCR § 15308 (Actions by Regulatory Agencies for Protection of the Environment).

HEALTH IN ALL POLICIES (HiAP): This program promotes the following Health in All Policies Conditions: Annual permit compliance services contribute 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 continuing to monitor, collect, and report data to keep the Resource Recovery Facility in compliance and remediate any issue that arises.

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: Contract Amendment No.1 is $227,618. Funds are available in the FY 2027 Refuse Operation Budget. There is no impact to the General Fund.

Prepared By:

Hoi Yu
Senior Professional Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager

16.2 ATTACHMENTS:

1. GLA SCOPE OF WORK AND COST ESTIMATE FOR FY 27.PDF

16.3 11415 W. Bernardo Court, Suite 200, San Diego, California • T 858.451.1136 • www.geo-logic.com August 24, 2026
PN: 0626.1019.PR
Hoi Yu
Associate Engineer
City of Santa Cruz – Public Works Department
809 Center Street, Room 201
Santa Cruz, California 95060

PROPOSAL FOR WATER QUALITY MONITORING AND REPORTING SERVICES

SANTA CRUZ RESOURCE RECOVERY FACILITY

SANTA CRUZ, CALIFORNIA

1.0 INTRODUCTION
Geo-Logic Associates (GLA) is pleased to provide this cost proposal to the City of Santa Cruz (City) for continued water quality monitoring and reporting services associated with the Santa Cruz Resource Recovery Facility (SCRRF).

2.0 BACKGROUND
The SCRRF is monitored under general Waste Discharge Requirement (WDR) Order No. R3- 2020-0001, issued by the California Regional Water Quality Control Board – Central Coast Region (RWQCB) for all active landfills in the Central Coast Region and under the site-specific Monitoring Reporting Program (M&RP; Attachment A of the WDR). In addition, the site must continue to monitor per- and polyfluoroalkyl substances (PFAS) semiannually in accordance with a RWQCB order dated July 1, 2025. Lastly, additional monitoring is currently being conducted under an Evaluation Monitoring Program (EMP) due to a release to surface water.

This proposal has been prepared to accommodate routine monitoring, analytical testing and reporting in accordance with Order No. R3-2020-0001, as well as PFAS and EMP monitoring, analytical testing, and reporting. The monitoring program includes two semiannual water quality monitoring events, two quarterly monitoring events for all EMP monitoring points, eight monthly monitoring events at select EMP monitoring points, and semiannual reporting.

This proposal also includes budget for as-needed support (e.g regulatory liaison, out of scope support, etc). In addition, a line item is included in this proposal to upload all historical site data into GLA’s database. Use of GLA’s database is anticipated to allow for quicker processing of data in the future, reduce the potential for human error when inputting data, and to allow City staff to independently review or analyze historical site data. A cost estimate table follows this text. The analytical testing schedule for the 2027 fiscal year is included as an attachment at the end of this proposal.

16.4 0626.1019.PR\SCRRF FY 26-27.docx 2

3.0 SCOPE
As shown on the cost estimate in Table 1, the project has been split into eight tasks. Each task is briefly described below:
• Task 1: Third quarter 2026 routine sampling and analytical:
o Task 1 includes water quality sampling and analytical services for the third quarter 2026 (August), in which samples will be collected from all liquid monitoring locations required to be monitored on a semiannual or annual basis. All liquid samples will be analyzed for routine monitoring parameters, as well as five-year constituents of concern (COC). Select monitoring wells will be sampled and analyzed for PFAS.
 Note: annual monitoring points are sampled on a seasonally revolving basis (e.g. Q3 2026, Q1 2027, Q3 2028, Q1 2029, etc.).
• Task 2: Second Semiannual 2026 Reporting:
o Task 2 includes semiannual and annual report preparation. The report will include a summary of all routine monitoring parameters and five-year COCs, as well as PFAS and EMP monitoring data. In addition, the report will include a summary of facility-supplied data, such as landfill gas monitoring results, leachate removal volumes, fill area maps, etc. and will be prepared in accordance with the site-specific M&RP. The report is due January 31, 2027. • Task 3: First quarter 2027 routine sampling and analytical:
o Task 3 includes water quality sampling and analytical services for the first quarter 2026 (February), in which samples will be collected from all liquid monitoring locations required to be monitored on a semiannual or annual basis. All liquid samples will be analyzed for routine monitoring parameters, as well as PFAS.
 Note: annual monitoring points are sampled on a seasonally revolving basis (e.g. Q3 2026, Q1 2027, Q3 2028, Q1 2029, etc.).
• Task 4: First Semiannual 2027 Reporting:
o Task 2B includes semiannual report preparation. The report will include a summary of all routine monitoring data, as well as PFAS and EMP monitoring data. In addition, the report will include a summary of facility-supplied data, such as landfill gas monitoring results, leachate removal volumes, fill area maps, etc. and will be prepared in accordance with the site-specific M&RP.

The report is due July 31, 2027.

16.5 0626.1019.PR\SCRRF FY 26-27.docx 3
• Task 5: Monthly monitoring, analytical, and data processing for the EMP:
o Task 5 includes monthly water quality sampling, analytical services, and data processing for monitoring points associated with the EMP that require monthly sampling and analysis (e.g. three surface water monitoring locations). In total, there will be eight monthly sampling events: July, September, October, and December 2026, January, March, April, and June 2027.
• Task 6: Quarterly monitoring, analytical, and data processing for the EMP:
o Task 2 includes quarterly water quality sampling, analytical services, and data processing for monitoring points associated with the EMP that require quarterly sampling and analysis (e.g. three surface water monitoring locations, two leachate wells, and well W-3S). In total, there will be two quarterly sampling events: November 2026 and May 2027)
• Task 7: GLA Database
o GLA presented our proprietary database and its associated capabilities to the City in a Teams meeting earlier in 2026. The database allows for data to be imported directly from the analytical lab, which is expected to reduce time spent manually entering data into historical tables and eliminate the potential for human error when transcribing the data into tables. The database also provides efficient generation of historical tables and charts. In addition, Task 7 includes budget to train City of Santa Cruz staff in using the database to prepare any as-need tables or charts for internal review at any time an internet connection is available. GLA will upload all available water quality data from the facility (approximately 30 years of data) into the database to ensure all historical data is available for future review. Data transfer to the database will be completed as soon as possible.
• Task 8: GeoHydro Support
o Task 8 is reserved for as-needed miscellaneous project support, regulatory liaison, and project management.

The testing schedule associated with Tasks 1, 3, 5, and 6 are included in Attachment A. The testing schedule in Attachment A is ordered by month in which sampling/testing will be performed.

16.6 0626.1019.PR\SCRRF FY 26-27.docx 4

4.0 COST ESTIMATE
The estimated costs to conduct the tasks described in Section 3 is $227,618. A breakdown of the costs by each task is provided in Table 1. The testing schedule for fiscal year 2027 is included in attachment A.

GLA appreciates this opportunity to provide service to the City of Santa Cruz. Should you have any questions or require additional information, please do not hesitate to call.

Geo-Logic Associates
Kyle Welchans, PG Michael D. Reason, PG, CHg
Senior Geologist Principal Geologist
Attachments:

Table 1 – Estimated Environmental Support Costs – SCRRF FY26-27 Attachment A – Analytical Testing Schedule for FY26-27

16.7 Table 1
Estimated Environmental Support Costs - Santa Cruz Resource Recovery Facility FY26-27 Water Quality Monitoring Program
Principal II Principal I Senior II Project II Staff I CADD Geo Geo Geo. Geo. Geo. Designer
$321 $297 $265 $218 $154 $164
Task 1: 3Q 2026 Routine Sampling & Analytical Monitoring and Analytical for 3Q (Semiannual/Annual/5-Year COC/PFAS/EMP) 0 0 2 2 0 0 $966 $29 $45,297 $8,753 1 $55,045 Task 2: Second Semiannual 2026 Reporting Semiannual/Annual Report/5-Year COC Report Preparation (Due January 31, 2027) 1 0 16 28 32 3 $16,085 $483 $0 $0 1 $16,568 Task 3: 1Q 2027 Routine Sampling & Analytical Monitoring and Analytical for 3Q (Semiannual/Annual/PFAS/EMP) 0 0 2 2 0 0 $966 $29 $27,593 $8,425 1 $37,013Task 4: First Semiannual 2027 Reporting Semiannual Report Preparation (Due July 31, 2027) 1 0 12 24 28 3 $13,537 $407 $0 $0 1 $13,944 Task 5: Monthly EMP Monitoring Monitoring, Analytical, and Data Processing for monthly EMP monitoring 0 0 1 1.5 2 0 $900 $27 $2,774 $2,910 8 $52,888 Task 6: Quarterly EMP Monitoring Monitoring, Analytical, and Data Processing for quarterly EMP monitoring 0 0 1 2 3 3 $1,655 $50 $6,081 $3,520 2 $22,612Task 7: GLA Database Upload Project to GLA Database and Provide City of Santa Cruz Staff w/ Training 4 16 4 40 16 0 $18,280 $549 $0 $0 1 $18,829Task 8: GeoHydro Support Miscellaneous Support; Regulartory Liaison 6 0 32 0 0 0 $10,406 $313 $0 $0 1 $10,719 $227,618
Note: 1. Expenses are calculated as 3% of labor to cover miscellaneous and incidentals. 2. Analytical services provided by Pace Analytical and include 10% markup.3. Field sampling and misc support services provided by Atlas and includes 10% markup.

Task Total Analytical Services 2 Events
TOTAL:

Field
Sampling
Services 3
GLA
Subtotal Work Task Expenses1 (3%)

16.8 City Council

AGENDA REPORT
DATE: 09/24/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Public Works
SUBJECT: 212 Locust Street/117 Union Street Sewer Repair Project – Notice of Completion (m402502) (PW)
LOCATION: District 4
RECOMMENDATION: Motion to accept the work of Montano Plumbing (Santa Cruz, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the 212 Locust Street/117 Union Street – Sewer Repair Project (m402502) and authorize the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

BACKGROUND: The City-owned building located at 212 Locust Street and 117 Union Street building for the Water Department and Library Headquarters had required multiple emergency repairs to maintain the sewer line infrastructure. One of the sewer lines under the building has been problematic, making the restrooms and showers on one side of the building unusable for a period of time and has since been put back into service with twice a week flushing of the sewer line by Facilities staff to keep the line clear of buildup.

Staff had fielded 12 emergency service calls due to backed up restrooms/showers since June 2025, totaling $7000 in service repairs and many hours of Facilities staff time. The aging sewer pipe had developed deficiencies causing issues with normal use. The line is also 265 linear feet long with only two clean outs, which made it very difficult to manage serious blockages.

The City’s contractor’s recommendation was to install four additional 2-way cleanouts that include descaling and relining of the pipes and required saw cutting concrete inside the building.

Floor finishes, such as carpet and tile, were installed in affected facilities after the repairs were completed.

Both the Water and Library facilities remained in operation during construction activities, and porta-potties were not necessary for staff use. Coordination between the tenants and project staff was successful for the duration of construction.

DISCUSSION: Per Section 3.08.150 and 3.08.160 of the Santa Cruz Municipal Code, staff submitted the Single Source justification to the Purchasing Manager on December 16, 2025, and was approved to utilize the informal process given the time constraints of the project. The project is now complete. Staff inspected the work and found it to be completed in accordance with the

17.1 plans and specifications and recommend accepting the work completed by Montano Plumbing and authorizing the filing of the Notice of Completion for the project.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The project was categorially exempt: Class 1 Categorical Exemption (14 CCR 15301). The project consists of the repair, maintenance, and/or minor alteration of existing structures and facilities involving no expansion of use.

HEALTH IN ALL POLICIES (HiAP): The project aligns with the City’s HiAP initiative by supporting health and wellness. The work allows for the safe and successful operation of the building.

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 212 Locust Street/117 Union Street – Sewer Repair Project was completed with a total of $123,744. The Public Works Maintenance Project m402502 fully funded the sewer line repair project. There is no impact to the General Fund.

Prepared By:

Filipina Warren
Public Works Operations
Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

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

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

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

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

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

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: 212 Locust Street/117 Union Street – Sewer Repair Project m402502

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: installation of cleanouts and repair and reline sewer pipes

4. The general site location description or address (the “Property”) of the public improvement is located at: 212 Locust St and 117 Union Street, Santa Cruz CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: Montano Plumbing PO Box 2750, Santa Cruz, CA 95063

6. Construction Lender. The name and address of the construction lender, if any, is: None

7. Date of Completion. The Project on the Property was completed on: August 27, 2026

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, October 13, 2026
DATE: ___________________
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Filipina Warren
WHEN RECORDED MAIL TO:

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

17.3 Notice of Completion (Revised Oct 2021)
Name of Signee.

Director of Public Works, City of Santa Cruz

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
Name of Signee.

Director of Public Works, City of Santa Cruz

17.4 Notice of Completion (Revised Oct 2021)

PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Name., 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: Name of Direct Contractor
Address Line 1 of contractor.

Address Line 2 of Direct Contractor.
☐ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

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

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

Name of Person Making Service.

17.5 City Council

AGENDA REPORT
DATE: 09/24/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Water
SUBJECT: Beltz Well 10 Rehabilitation and Set Up for the Aquifer Storage and Recovery Pilot Testing Program (c701609) (WT)
LOCATION: County
RECOMMENDATION: Motion to:
1) Approve plans and specifications for the Beltz Well 10 Aquifer Storage and Recovery Pilot Testing Program (Project), and authorize the City to enter into a contract with Subsurface Technologies, Inc. The City Manager, or designee, is hereby authorized and directed to execute the contract, in a form to be approved by the City Attorney, as authorized by Resolution No. NS27,563; and 2) Authorize the Water Director, or their designee, to approve future construction change orders for the Project that are within the approved project budget.

BACKGROUND: Since early 2016, the Water Department has been implementing the water supply augmentation recommendations of the Water Supply Advisory Committee (WSAC) along with the ongoing evaluation, selection and construction of supplemental water supplies as directed by the 2022 Securing Our Water Future Policy. Consistent with these efforts, the Water Department continues to implement Aquifer Storage and Recovery (ASR) in the Mid-County Groundwater Basin (MGB) underlying the Live Oak area of the Water Department’s service area. ASR is a water management practice where excess surface water is stored underground for later recovery, or extraction, when needed to meet customer demands ASR implementation consists of three phases: assessment of technical feasibility, pilot testing, and full-scale implementation. The City is evaluating the feasibility of ASR at its four existing groundwater production wells – these wells are in various phases: Beltz Well 12 is complete, Beltz Well 8 is advancing to full scale implementation and currently under construction, Beltz Well 9 is in design, and Beltz Well 10 is nearing pilot testing.

In 2024, Beltz Well 10 underwent rehabilitation to restore performance in terms of pumping capacity. It is common for groundwater production wells to clog over time, reducing the capacity of pumping. However, improvements diminished within 18 months, highlighting the difficulty of sustaining long-term rehabilitation benefits at this well. By summer 2026, continued plugging

18.1 had caused significant performance decline and lowered water levels to the point that the well was taken out of service. Because of the potential contributions of ASR at Beltz 10, staff is pursuing a different rehabilitation method prior to the ASR pilot test.

DISCUSSION: Beltz 10 Well is currently out of service due to plugging within the well.

Construction activities needed to prepare the well for ASR pilot testing include:

1. Rehabilitating the well to remove existing plugging,

2. Installing Aqua Gard equipment for future maintenance treatments to prevent plugging, and

3. Installing temporary injection equipment both within the well and above ground for ASR pilot testing.

The selected rehabilitation approach uses Subsurface Technologies’ proprietary Aqua Freed and Aqua Gard methods. Similar to traditional rehabilitation, Aqua Freed restores well performance by removing plugging within the well and surrounding formation, while the permanently installed Aqua Gard equipment enables future maintenance treatments without removing the pump making it a superior option for wells with plugging characteristics like Beltz Well 10.

Because these technologies are sole source offerings—and because completing rehabilitation and pilot test setup under a single contract minimizes cost and schedule impacts by requiring only one pump removal—staff recommend a non-competitive award.

Award of a new contract has been reviewed by the Purchasing Manager who is supportive of the non-competitive award as authorized in SCMC Section 3.08.150. Rehabilitation and ASR pilot test setup is anticipated to begin in November 2026, and pilot testing will occur January through June 2027. This contract would not include support from Subsurface Technologies Inc. during pilot testing. Pueblo Water Resources Inc. will be performing the pilot testing work under an existing agreement.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The Project is categorically exempt from environmental review under the California Environmental Quality Act Section 15301, Class 1 Existing Facilities, and Section 15306, Class 6 Information Collection. Additionally, the project is not barred by the applicable exceptions for taking a Class 1 or Class 6 Categorical Exemption (14 Cal Code Regs §15300.2). A Notice of Exemption was filed by staff following the December 9, 2025 City Council meeting and approval.

HEALTH IN ALL POLICIES (HiAP): The objectives of the Project align with the City’s HiAP framework, specifically the pillars of sustainability and public health. With respect to sustainability, ASR is an identified mitigation measure in the City’s Local Hazard Mitigation and Climate Adaptation Plan, and ASR functions will bolster water supplies during periods of drought and emergencies such as wildfire. This Project supports the public health pillar and the Water Department’s mission of diversifying its water supply portfolio to build climate resiliency and ensure the safety and reliability of the public drinking water supply.

18.2 FISCAL IMPACT:

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

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The total cost for this contract, including a ten percent contingency, is $158,070. Funds are available in the Water Department’s FY 2027 Capital Investment Program budget in c701609 – ASR Planning.

Prepared By:

Isidro Rivera
Engineering Manager/Deputy
Water Director
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BELTZ 10 SUBSURFACE TECH - COMPILED.PDF

18.3 18.4

18.5 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 01 10 - 1 Table of Contents SECTION 00 01 10

TABLE OF CONTENTS
DIVISION 00 – BIDDING AND CONTRACTING REQUIREMENTS
Section Number Section Title
00 01 07 Seals and Signatures
00 01 10 Table of Contents
00 43 33 Proposed Suppliers Form
00 43 36 Proposed Subcontractors Form
00 43 38 Good Faith Effort Statement for Local Hire
00 45 46.6 Good Neighbor Commitment
00 45 46.9 DIR Compliance Affidavit
00 45 46.10 CARB Compliance
00 52 13 Agreement
00 54 63 Escrow Agreement in Lieu of Retainage
00 61 13.13 Performance Bond
00 61 13.16 Payment Bond
00 62 91 Division of Apprenticeship Standards Form 140
00 62 92 Request for Dispatch of an Apprentice
00 72 13 General Conditions
00 73 01 Supplementary Conditions
DIVISION 01 – GENERAL SPECIFICATIONS
Section Number Section Title
01 14 00 Work Restrictions
01 22 00 Measurement and Payment
01 35 23 Safety Requirements
01 41 33 Environmental Regulatory Requirements

18.6 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 01 10 - 2 Table of Contents

EXHIBITS
Exhibit Number Exhibit Title
Exhibit A Technical Provisions - Santa Cruz Water Department Beltz 10 ASR Pilot Test Project
Exhibit B CEQA Notice of Exemption
Exhibit C Wastewater Discharge Permit
Exhibit D Beltz 10 Site Location Map
Exhibit E System Outage Request Form
Exhibit F DAS Form 140
Exhibit G DAS Form 142
Exhibit H Santa Cruz Local Hire Residency Compliance Form Exhibit I Application for Payment
Exhibit J Field Order Form
Exhibit K Change Order Form
Exhibit L Certificate of Substantial Completion
Exhibit M Notice of Completion
Exhibit N Procedure for Hydrant Meter Installation
Exhibit O Hydrant Meter Checkout/Permit
Exhibit Y Good Neighbor Commitment, Section 00 45 46.6 (to be Agreement Exhibit)
Exhibit Z Contract Price Exhibit (to be included prior to Contract Award)

END OF SECTION

18.7 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 43 33 - 1 Proposed Suppliers Form SECTION 00 43 33

PROPOSED SUPPLIERS FORM
Name of Supplier: _________________________________
The following materials and equipment to be incorporated into the Work will be furnished by the following Suppliers of engineered equipment including valves and instrumentation/controls to be incorporated into the work (where only a local or regional manufacturer’s representative is the entity with which Contractor or Subcontractor will enter into a purchase order for the associated materials or equipment, also indicate below the manufacturer of such items):

Section of Work (e.g.
pump assembly, etc.)
Material or Equipment Name Supplier’s Name
(Attach additional sheets, if necessary)

END OF SECTION

18.8 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 43 36 - 1 Proposed Subcontractors Form SECTION 00 43 36

PROPOSED SUBCONTRACTORS FORM
(To be submitted with bid)
Name of Bidder: __________________________________
Bidder shall indicate on this form the legal/contracting entity name, location of place of business, the California contractor’s license number, the public works contractor registration number issued pursuant to California Labor Code Section 1725.5, and 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. Indicate all proposed Subcontractors to whom the total awarded amount of subcontracts for the Work will be in excess of 0.5 percent of the total amount of the Bid (or a total value of all subcontracts awarded to the Subcontractor is $10,000, when $10,000 is less than 0.5 percent of the total bid price).

Subcontractor’s
Legal/contractual
Entity Name
Location of Place
of Business
CSLB License
Number
Public Works
Contractor DIR
Registration Number
Subcontract
Amount and
Proportion of
Total Bid Price
(Attach additional sheets, if necessary)

END OF SECTION

18.9 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 45 46.6 - 1 Good Neighbor Commitment SECTION 00 45 46.6

GOOD NEIGHBOR COMMITMENT
(To be Agreement Exhibit Y)
When the Santa Cruz Water Department undertakes construction projects in a neighborhood we are committed to being the best neighbor we can be. That means that our neighbors should expect:

Work to be conducted safely
• Staff, consultants and contractors will be properly trained in equipment use. • Staff, consultants and contractors will at all times comply with Cal OSHA requirements. • Work will adhere to all CEQA mitigations and any other permit requirements. • Traffic control measures will be provided when normal traffic flow is impacted. • Equipment and the project site overall will be secured outside of regular construction hours.

Construction to begin and end at scheduled times
• Work hours to be observed are identified in Section 3.02 of the Agreement. Violation of the Construction Work Hours violates the noise ordinances in Santa Cruz Municipal Code (SCMC) sections 4.14.070 and 9.36.010. Violations of the SCMC can result in administrative or criminal citations, and financial penalties. • Construction hours will be posted.
• Construction activity, including operating heavy equipment and utilizing backup alarms on vehicles is not permitted without prior approval from SCWD. • Advance notice will be given for work that must be done outside of regularly scheduled hours.
• Non-construction activities outside of working hours will be kept to a minimum.

Staff and contractors working on projects to behave professionally • Appropriate language will be used at all times in public. • Non project-related noise will be kept to a minimum.

Project questions or concerns to be responded to
• Dedicated project hotlines and email will be available. • Staff and contractors will be provided with cards with SCWD contact information that they can share with neighbors.
• Calls or emails made to project hotlines will be returned within 2 business days.

To receive regular project communication
• Regular and ongoing project communication with SCWD community relations staff is required.
• Project descriptions and timelines will be provided by SCWD to neighbors in advance.

18.10 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 45 46.6 - 2 Good Neighbor Commitment • Notification of regular (non-emergency) service disruptions will be given 48 hours in advance.
• Unforeseen changes will be shared as timely as possible. • Bi-weekly project updates will be given by SCWD to neighbors for projects lasting longer than six weeks.

The neighborhood will be left in the same condition as when we arrived • Debris will be removed.
• Project sites will be swept and cleaned.
• Excavations will be filled and patched when the project is complete.

I certify that I have read the above Good Neighbor Commitment and agree to perform the Work according to these commitments.

Name: ____________________________________
Signature: _________________________________
Date: _____________________________________

END OF SECTION

18.11 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 45 46.9 - 1 DIR Compliance Affidavit SECTION 00 45 46.9

DIR COMPLIANCE AFFIDAVIT
(To be submitted with bid)
Name of Bidder:

Project Name:

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
DIR Registration Information and Worker Classifications follow:

18.12 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 45 46.9 - 2 DIR Compliance Affidavit Prime Contractor Name: _________________________________________________________ DIR Registration #:____________________ CSLB #:__________________________________ Contact Name: _______________________ Email Address: ____________________________ Project Worker Classifications (select all classifications that apply) Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Engineer Painters
Pile Driver Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm Surveyors Teamster
Tile Workers
Subcontractor Name: _________________________________________________________ DIR Registration #:____________________ CSLB/Professional License #:_________________ Contact Name: _______________________ Email Address: ____________________________ Project Worker Classifications (select all classifications that apply) Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Engineer Painters
Pile Driver Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm Surveyors Teamster
Tile Workers
Subcontractor Name: _________________________________________________________ DIR Registration #:____________________ CSLB/Professional License #:_________________ Contact Name: _______________________ Email Address: ____________________________ Project Worker Classifications (select all classifications that apply) Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Engineer Painters
Pile Driver Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm Surveyors Teamster
Tile Workers
Continue on another page if there are additional Subcontractors.

18.13 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 45 46.10 - 1 CARB Requirement Certification SECTION 00 45 46.10

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 (To be submitted within 4 days of bid opening)
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
b) □ No vehicles subject to Cal Code Regs., Title 13 § 2449 et seq. apply to the project. [Proceed to the end and Sign the Verification below.]
2a) If any box is checked in number 1(a), did you or your subcontractor register any vehicles that qualify as In-Use Off-road Diesel-fueled Fleets, with the California Air Resources Board (CARB)?
□YES □NO
b) If you checked “No” to number 2, then explain reason:

Exempt: □ Emergency Operations
□ Renewable Diesel Exemptions
(based on fleet engine type or weather restrictions)
□ Unavailability of Renewable Diesel
□ Other: ____________________________________________

18.14 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 45 46.10 - 2 CARB Requirement Certification 3a) If you checked “Yes” to number 2, then submit with the bid response, a CARB’s Certificate of Reported Compliance (Certificate) for the applicable vehicles owned or operated by you or your subcontractor to show compliance with Cal Code Regs., Title 13 § 2449 et seq.
[Visit the CARB website to get a CARB Certificate online: arb.ca.gov/offroadzone]:

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’s Certificate of Reported Compliance (Certificate) for vehicles subject to Cal. Code Regs., Title 13 § 2449 et seq., within four (4) business days after opening of the bids, or the bid proposal may be deemed non-responsive. b. Unless otherwise exempt or not applicable as indicated above, bid responder further agrees to comply with the requirements of Cal. Code Regs., Title 13 § 2449(j), including but not limited to:
• Allowing only off-duty diesel vehicles with valid Certificates to be used at the contractor’s job sites,
• Reporting to CARB within five business days of such discovery, if the contractor discovers a fleet or vehicles that are subject to this regulation at the job site does not have a valid Certificate or observes noncompliant fleets or vehicles operating on their job site: https://calepacomplaints.secure.force.com/complaints/Complaint, or email [email protected],
• Displaying a sign that provides key information about the regulation and how to report noncompliance. The sign must be posted where vehicles subject to this regulation will operate for eight or more calendar days; the sign must be posted by the eighth calendar day from when the first vehicle operates.

Verification

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

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

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

18.15 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 52 13 - 1 Agreement SECTION 00 52 13

AGREEMENT
This Agreement, made and entered into this ___ day of ______________________, 20____ (“Effective Date of the Contract”), is by and between:
__________________________________ (“Contractor”), and the City of Santa Cruz, a municipal corporation (“City);
WHEREAS, City requires performance of all work (“Work”) required by the Contract Documents (as defined in Article 5 of this Agreement) to fulfill the City’s mission to its ratepayers and residents and the City’s obligations to authorities having jurisdiction; and WHEREAS, City has selected Contractor to perform the Work and Contractor is ready, willing, and able to perform the Work in accordance with the Contract Documents.

NOW, THEREFORE, IT IS AGREED by and between the City and Contractor as follows:

ARTICLE 1—THE PROJECT; THE WORK.

1.01 The Work
That for and in consideration of the covenants and agreements herein, Contractor shall complete all Work for the Project in strict conformity and compliance with the Contract Documents and this Agreement.

1.02 The Project
The Project, of which the Work under the Contract Documents is a part, is identified as follows: Aquifer Storage and Recovery Beltz 10 Pilot Test Site Preparation, CWO #2026-004 (the “Project”).

1.03 The Project is part of the City’s Water Improvements Program.

ARTICLE 2—CITY’S REPRESENTATIVES.

2.01 City is designating the following as City’s representatives to perform services to assist the City relating to this Project, and who shall assume the duties and responsibilities of the assigned position listed below in accordance with the Contract Documents and General Conditions, Section 00 72 13, Article 10:

Program Manager (“PM”):

Leah Van Der Maaten, Professional Associate Engineer
City of Santa Cruz Water Department
212 Locust Street, Suite C, Santa Cruz, CA 95060
Telephone number: (949) 257-6139

18.16 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 52 13 - 2 Agreement Construction Manager (“CM”) & Engineer:

Robert Marks, Principal Hydrogeologist
Pueblo Water Resource Inc.
4478 Market St., Ste. 705, Ventura, CA 93003
Telephone number: (805) 644-0470
A. Any person or entity, listed above, who is not a City employee, cannot act on behalf of the City and cannot authorize changes in the Work, use of allowances (if any), or Contract Price or Contract Times.

ARTICLE 3—CONTRACT TIMES

3.01 Time of Start and Work Days
A. The Contractor shall receive Notice to Begin Preconstruction Activities prior to NTP. Once the required submittals listed in Section 01 14 00 are approved, Notice to Proceed (NTP) will be issued.

B. The Contractor shall start the Work on the date of the Notice to Proceed.

The Contractor shall substantially complete the Work within 59 calendar days.

3.02 Time of the Essence
A. Contractor represents that the Contract Time is reasonable for completion of the Work and that Contractor will complete the Work within the Contract Times. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence to this Agreement.

3.03 Time of Completion
A. The Work shall be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 59 calendar days of NTP.

B. Preconstruction Activities are required prior to NTP. Contractor is required to submit submittals listed in Section 01 14 00 within 72 hours of receiving Notice to Begin Preconstruction Activities. NTP will not be issued until the listed submittals are approved.

3.04 Contract Price
A. City shall pay Contractor for all Work, at the prices stated in the Contractor’s Bid, attached hereto as Contract Price Exhibit (Exhibit Z).

B. Payment by City at the prices indicated herein shall be considered as full compensation for the Work performed in accordance with the Contract Documents.

18.17 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 52 13 - 3 Agreement ARTICLE 4— CONTRACT DOCUMENTS

4.01 Contents
A. The Contract Documents are comprised of the following which are bound herewith or included herewith unless otherwise indicated below:

1. Applicable Laws and Regulations

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

3. This Agreement, including:
a. Exhibit Z – Contract Price from Contractor’s Bid;
b. Exhibit Y - Good Neighbor Commitment (Section 00 45 46.6);

4. Maintenance Bond, if issued (Section 00 61 19);

5. Performance Bond (Section 00 61 13.13) and Payment Bond (Section 00 61 13.16);

6. Escrow Agreement in Lieu of Retainage, when signed by the parties (Section 00 54 63);

7. Addenda, in the reverse order of date of issuance;

8. Div 00 Supplementary Conditions (Section 00 73 01);

9. General Conditions (Section 00 72 13);

10. Div 01 General Specifications;

11. Exhibit A Technical Provisions – Santa Cruz Water Department Beltz 10 ASR Pilot Test Project;

12. The following, which may be issued after the Effective Date of the Contract and are not bound herewith:
a. Notice to Proceed.
b. Change Order(s).
c. Work Change Directive(s).
d. Field Order(s).
e. Allowance authorization(s) signed by the City.

B. There are no Contract Documents other than those indicated above in Paragraph 5.01.A. Supplemental project information available to bidders, and the information supplied therein, are not Contract Documents.

C. The Contract Documents may be amended, supplemented, or modified only as provided in Article 11 of the General Conditions.

4.02 Precedence of Documents
A. The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the

18.18 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 52 13 - 4 Agreement Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction standards.

B. In the event inconsistencies, conflicts, or ambiguities between or 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 in Section 5.01 and consistent with Article 3 of the General Conditions.

C. Inclusion of an order of precedence provision in the Contract Documents does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters as required by Paragraphs 3.03 and 3.04 of the General Conditions and obtain interpretations or clarifications from Engineer or Construction Manager, as set forth in Article 3 of the General Conditions.

ARTICLE 5—REPRESENTATIONS AND CERTIFICATIONS

5.01 Contractor’s Representations
A. In order to induce City to enter into this Agreement, Contractor makes the following representations:

1. Contractor has examined and carefully studied the Contract Documents, including Addenda.

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified

18.19 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 52 13 - 5 Agreement in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

9. Contractor has given City and Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by City, Construction Manager, or Engineer is acceptable to Contractor.

10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. Contractor’s entry into this Agreement constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

5.02 Contractor’s Certifications
Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 6.02:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of City, (b) to establish Bid or Contract prices at artificial noncompetitive levels, or (c) to deprive City of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

18.20 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 52 13 - 6 Agreement

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Agreement.

ARTICLE 6—MISCELLANEOUS

6.01 Definitions
Terms, words and phrases used in this Agreement, unless specified otherwise, shall have the meanings given them in the General Conditions (Section 00 72 13).

6.02 Amendments
This Agreement may not be amended except by way of a written instrument which expressly references and identifies this Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by City and Contractor. Contractor acknowledges that no such amendment shall be effective until approved and authorized by the City.

6.03 City Council Action Required
It is agreed by the parties hereto that the acceptance of the Contractor’s performance will be made only by an affirmative action by the City’s 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 the 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 and Contract Documents.

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

6.05 Complete Agreement
This Agreement, along with the terms and conditions in the Contract Documents, are the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that the Contract Documents supersede any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is a conflict between this Agreement and any other agreement (written or oral) not specified herein, the terms of this Agreement and Contract Documents shall control in accordance with Article 5.

6.06 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.

18.21 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 52 13 - 7 Agreement

6.07 Assignment
Contractor shall not assign this Agreement or any portion of it to a third party to provide services required by Contractor under this Agreement without the prior written consent of the City, the Director of Water Department or her designee.

Any such assignment without City’s prior written consent shall give City the right to automatically and immediately terminate this Agreement without penalty.

6.08 Severability
In the event that any term or portion of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term or portion, and the remainder of this Agreement shall remain in full force and effect.

6.09 Governing Law
The interpretation, validity, and enforcement of this Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind relating to this Contract shall be filed and heard in a court of competent jurisdiction in the County of Santa Cruz.

6.10 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 copy of a Party’s signature shall be accepted and valid as an original. [SIGNATURES ON FOLLOWING PAGE]

18.22 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 52 13 - 8 Agreement ARTICLE 7—SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

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

CONTRACTOR
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________________________________ Technical Review By:

By: _____________________________ Date: __________________ Isidro Rivera, Deputy Water Director/ Engineering Manager

WATER DEPARTMENT
By: _____________________________ Date: __________________ Heidi Luckenbach, Water Director

CONTRACTOR
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________________________________

18.23 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 52 13 - 9 Agreement Signature Requirements for Contractor:
1) Corporation – Two officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):
(a) Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President (b) Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer
2) Partnership - Signature of General Partner, or signature of partner who is authorized to execute documents per the Certificate of Partnership. If authorized partner is a corporation, follow Corporation signature requirement.
a) LLC- For a member-managed LLC, signature of any member. For a manager-managed LLC, signature of the manager. If the LLC has corporate officer designations, follow Corporation signature requirement.

See, City of Santa Cruz Corporate Entity Signature Requirements for more information.

END OF SECTION

18.24 Aquifer Storage and Recovery Escrow Agreement in Lieu Beltz 10 Pilot Test Site Preparation 00 54 63 - 1 of Retainage SECTION 00 54 63

ESCROW AGREEMENT FOR

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

For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to §22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between the City and Contractor for: Aquifer Storage and Recovery Beltz 10 Pilot Test Site Preparation in the amount of ($ ), dated: , 20___, (hereinafter referred
to as the “Contract”). Alternatively, on written request of the Contractor, the City will make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent will notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution will be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and the Contractor. Securities will be held in the name of the City of Santa Cruz and will designate the Contractor as the beneficial owner. (2) The City will make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent will hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties will be equally applicable and binding when the City pays the Escrow Agent directly. (4) Contractor will be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City.

These expenses and payment terms will be determined by the City, Contractor, and Escrow Agent.

18.25 Aquifer Storage and Recovery Escrow Agreement in Lieu Beltz 10 Pilot Test Site Preparation 00 54 63 - 2 of Retainage (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest will be for the sole account of Contractor and will be subject to withdrawal by Contractor at any time, and from time to time, without notice to the City.
(6) Contractor will have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the City to the Escrow Agent that the City consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The City will have a right to draw upon the securities in the event of default be the Contractor. Upon seven (7) days written notice of the default to the Escrow Agent from the City, the Escrow Agent will immediately convert the securities to cash and will distribute the cash as instructed by the City. (8) Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent will release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow will be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges. (9) Escrow Agent will rely on the written notifications from the City and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the City and Contractor will hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of City: On behalf of Contractor:

Water Director
Title Title
Heidi Luckenbach
Name Name
Signature Signature
212 Locust Street, Suite A
Santa Cruz, CA 95060
Address Address

END OF SECTION

18.26 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 61 13.13 - 1 Performance Bond SECTION 00 61 13.13

PERFORMANCE BOND
WHEREAS, the City of Santa Cruz, a municipal corporation, in the County of Santa Cruz, State of California, has awarded to _______________________, hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:
“Aquifer Storage and Recovery Beltz 10 Pilot Test Site Preparation” adopted by the City Council of the City of Santa Cruz on the _________ day of _________, ______, and,
WHEREAS, said Principal is about to enter into the annexed contract with the City of Santa Cruz:

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 of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California, in the sum of _____________________________ ______________________________dollars ($____________) being not less than one hundred percent (100%) of the estimated contract costs of the work, to be paid to the City of Santa Cruz, 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 of Santa Cruz, 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 10 percent 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

18.27 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 61 13.13 - 2 Performance Bond ($_________), 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 specifications 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.

IN WITNESS whereof, the parties have executed this instrument under their seals, this ____ day of__________________, 20____, by its undersigned representative, pursuant to the authority of its governing body, the day and year first hereinabove written. ________________________________

PRINCIPAL
________________________________
SURETY

CITY ATTORNEY
Approved as to Form

END OF SECTION

18.28 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 61 13.16 - 1 Payment Bond SECTION 00 61 13.16

PAYMENT BOND
WHEREAS, the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California, has awarded to _______________________, hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:
“Aquifer Storage and Recovery Beltz 10 Pilot Test Site Preparation” adopted by the City Council of the City of Santa Cruz on the _________ day of _________, ______, 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 of Santa Cruz to complete the work or improvement referred to above for the City of Santa Cruz, County of Santa Cruz, State of California, all as more particularly and in detail as shown upon the Standard Specifications and Bid Documents filed in the Office of the City Clerk of the City of Santa Cruz;
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 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 the 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

18.29 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 61 13.16 - 2 Payment Bond subcontractors with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, will pay, in addition to the face amount hereof, a reasonable attorney's fee, to be fixed by the Court.

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

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

PRINCIPAL
__________________________________
SURETY
_________________________

CITY ATTORNEY
Approved as to Form

END OF SECTION

18.30 Aquifer Storage and Recovery Division of Apprenticeship Beltz 10 Pilot Test Site Preparation 00 62 91 - 1 Standards Form SECTION 00 62 91
DIVISION OF APPRENTICESHIP STANDARDS FORM –
DAS FORM 140
(To be submitted by Successful Bidder with Agreement)
Refer to Exhibit F

18.31 Aquifer Storage and Recovery Division of Apprenticeship Beltz 10 Pilot Test Site Preparation 00 62 91 - 2 Standards Form

END OF SECTION

18.32 Aquifer Storage and Recovery Request for Dispatch Beltz 10 Pilot Test Site Preparation 00 62 92 - 1 of an Apprentice SECTION 00 62 92

REQUEST FOR DISPATCH OF AN APPRENTICE
(Do not send this form to DAS)
Refer to Exhibit G

18.33 Aquifer Storage and Recovery Request for Dispatch Beltz 10 Pilot Test Site Preparation 00 62 92 - 2 of an Apprentice

END OF SECTION

18.34 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 1 General Conditions SECTION 00 72 13

GENERAL CONDITIONS

TABLE OF CONTENTS FOR GENERAL CONDITIONS
SECTION 00 72 13 ......................................................................................................................... 1 GENERAL CONDITIONS............................................................................................................. 1 TABLE OF CONTENTS FOR GENERAL CONDITIONS .......................................................... 1 ARTICLE 1— Definitions and Terminology ................................................................................ 5

1.01 Defined Terms.................................................................................................................... 5

1.02 Terminology..................................................................................................................... 11 ARTICLE 2— Preliminary Matters............................................................................................. 12

2.01 Delivery of Bonds and Insurance ..................................................................................... 12

2.02 Copies of Documents ....................................................................................................... 12

2.03 Before Starting Construction............................................................................................ 12

2.04 Preconstruction Conference; Designation of Authorized Representatives....................... 12

2.05 Acceptance of Schedules.................................................................................................. 13

2.06 Electronic Transmittals..................................................................................................... 13 ARTICLE 3— Contract Documents: Intent, Requirements, Reuse............................................ 13

3.01 Intent................................................................................................................................. 13

3.02 Reference Standards......................................................................................................... 14

3.03 Reporting and Resolving Discrepancies........................................................................... 15

3.04 Requirements of the Contract Documents........................................................................ 15

3.05 Reuse of Documents......................................................................................................... 16 ARTICLE 4— Commencement and Progress of the Work......................................................... 17

4.01 Commencement of Contract Times.................................................................................. 17

4.02 Starting the Work ............................................................................................................. 17

4.03 Reference Points............................................................................................................... 17

4.04 Progress Schedule............................................................................................................. 17

4.05 Delays in Contractor’s Progress....................................................................................... 17

4.06 Notice of Delays............................................................................................................... 20 ARTICLE 5— Site conditions; Hazardous Environmental Conditions....................................... 21

5.01 Availability of Lands........................................................................................................ 21

5.02 Use of Site and Other Areas............................................................................................. 21

5.03 Subsurface and Physical Conditions ................................................................................ 22

5.04 Differing Subsurface or Physical Conditions................................................................... 23

18.35 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 2 General Conditions

5.05 Underground Facilities..................................................................................................... 24

5.06 Hazardous Environmental Conditions at Site................................................................... 25 ARTICLE 6— Bonds and Insurance ........................................................................................... 27

6.01 Performance, Payment, and Other Bonds......................................................................... 27

6.02 Insurance—General Provisions........................................................................................ 29

6.03 Contractor’s Insurance ..................................................................................................... 29

6.04 Property Insurance............................................................................................................ 29

6.05 Losses; Subrogation ......................................................................................................... 29

6.06 Receipt and Application of Property Insurance Proceeds................................................ 29 ARTICLE 7— Contractor’s Responsibilities .............................................................................. 30

7.01 Contractor’s Means and Methods of Construction........................................................... 30

7.02 Supervision and Superintendence..................................................................................... 30

7.03 Labor; Working Hours ..................................................................................................... 31

7.04 Services, Materials, and Equipment ................................................................................. 32

7.05 “Or-Equals”...................................................................................................................... 33

7.06 Substitutes ........................................................................................................................ 34

7.07 Concerning Subcontractors Suppliers, and Others Performing Work.............................. 36

7.08 Patent Fees and Royalties................................................................................................. 37

7.09 Permits.............................................................................................................................. 38

7.10 Taxes ................................................................................................................................ 38

7.11 Laws and Regulations ...................................................................................................... 38

7.12 Record Documents........................................................................................................... 39

7.13 Safety and Protection........................................................................................................ 39

7.14 Hazard Communication Programs ................................................................................... 42

7.15 Emergencies..................................................................................................................... 42

7.16 Submittals......................................................................................................................... 42

7.17 Contractor’s General Warranty and Guarantee ................................................................ 45

7.18 Indemnification ................................................................................................................ 46

7.19 Delegation of Professional Design Services..................................................................... 47 ARTICLE 8— Other Work at the Site......................................................................................... 48

8.01 Other Work....................................................................................................................... 48

8.02 Coordination..................................................................................................................... 49

8.03 Legal Relationships.......................................................................................................... 49 ARTICLE 9— City’s Responsibilities......................................................................................... 50

9.01 Communications to Contractor ........................................................................................ 50

9.02 Replacement of City’s Consultants.................................................................................. 50

18.36 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 3 General Conditions

9.03 Furnish Data ..................................................................................................................... 50

9.04 Pay When Due.................................................................................................................. 50

9.05 Lands and Easements; Reports, Tests, and Drawings...................................................... 51

9.06 Insurance .......................................................................................................................... 51

9.07 Change Orders.................................................................................................................. 51

9.08 Inspections, Tests, and Approvals.................................................................................... 51

9.09 Limitations on City’s Responsibilities ............................................................................. 51

9.10 Undisclosed Hazardous Environmental Condition .......................................................... 51

9.11 Evidence of Financial Arrangements ............................................................................... 51

9.12 Safety Programs ............................................................................................................... 51 ARTICLE 10—City’s consultants During Construction .............................................................. 52

10.01 City’s Representatives...................................................................................................... 52

10.02 Program Manager............................................................................................................. 52

10.03 Construction Manager...................................................................................................... 52

10.04 Engineer ........................................................................................................................... 55

10.05 Limitations on City’s Consultants’ Authority .................................................................. 56

10.06 Compliance with Safety Program..................................................................................... 57 ARTICLE 11—Changes to the Contract ...................................................................................... 57

11.01 Amending and Supplementing the Contract..................................................................... 57

11.02 Change Orders.................................................................................................................. 57

11.03 Work Change Directives.................................................................................................. 58

11.04 Field Orders...................................................................................................................... 58

11.05 City-Authorized Changes in the Work............................................................................. 59

11.06 Unauthorized Changes in the Work ................................................................................. 59

11.07 Change of Contract Price ................................................................................................. 59

11.08 Change of Contract Times................................................................................................ 60

11.09 Change Proposals............................................................................................................. 60

11.10 Notification to Surety and Insurance Carrier.................................................................... 62 ARTICLE 12—Initial Claims for contract disputes ..................................................................... 62

12.01 Claims Under the Public Contract Code .......................................................................... 62

12.02 Prerequisite to Legal Action............................................................................................. 62

12.03 Claim Submittal................................................................................................................ 63

12.04 City’s Response................................................................................................................ 64

12.05 Meet and Confer............................................................................................................... 64

12.06 Mediation ......................................................................................................................... 65

12.07 Claims for $375,000 or Less ............................................................................................ 65

18.37 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 4 General Conditions ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK.................... 66

13.01 Cost of the Work or “Force Account Work”.................................................................... 66

13.02 Allowances....................................................................................................................... 71

13.03 Unit Price Work................................................................................................................ 71 ARTICLE 14—Tests and Inspections; Correction, Removal or Acceptance of Defective Work 72

14.01 Quality Control................................................................................................................. 72

14.02 Access to Work ................................................................................................................ 72

14.03 Tests, Inspections, and Approvals.................................................................................... 72

14.04 Defective Work ................................................................................................................ 73

14.05 Acceptance of Defective Work ........................................................................................ 73

14.06 Uncovering Work............................................................................................................. 74

14.07 City May Stop the Work .................................................................................................. 74

14.08 City May Correct Defective Work ................................................................................... 74 ARTICLE 15—Payments to Contractor; Set-Offs; Completion; Correction Period .................... 75

15.01 Progress Payments............................................................................................................ 75

15.02 Contractor’s Warranty of Title ......................................................................................... 79

15.03 Substantial Completion .................................................................................................... 79

15.04 Partial Use or Occupancy ................................................................................................. 81

15.05 Final Inspection ................................................................................................................ 81

15.06 Final Payment................................................................................................................... 82

15.07 Waiver of Claims.............................................................................................................. 84

15.08 Correction Period ............................................................................................................. 84 ARTICLE 16—Suspension of Work and Termination................................................................. 85

16.01 City May Suspend Work .................................................................................................. 85

16.02 City May Terminate for Cause......................................................................................... 85

16.03 City May Terminate for Convenience.............................................................................. 86

16.04 Contractor May Stop Work or Terminate ........................................................................ 87 ARTICLE 17—Final Resolution of Disputes............................................................................... 87

17.01 Methods and Procedures .................................................................................................. 87

17.02 Arbitration ........................................................................................................................ 88

17.03 Government Code Claim.................................................................................................. 88

17.04 Legal Action..................................................................................................................... 88

17.05 Duty to Continue Performance......................................................................................... 89 ARTICLE 18—Miscellaneous...................................................................................................... 89

18.01 Giving Notice ................................................................................................................... 89

18.02 Computation of Times...................................................................................................... 89

18.38 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 5 General Conditions

18.03 Cumulative Remedies....................................................................................................... 89

18.04 Limitation of Damages..................................................................................................... 89

18.05 No Waiver ........................................................................................................................ 90

18.06 Survival of Obligations .................................................................................................... 90

18.07 Controlling Law ............................................................................................................... 90

18.08 Assignment of Contract.................................................................................................... 90

18.09 Successors and Assigns.................................................................................................... 90

18.10 Publicity and Publications................................................................................................ 90

18.11 City’s Right to Access Contractor’s Records................................................................... 90

18.12 Headings........................................................................................................................... 91 ARTICLE 19—Statutory provisions............................................................................................. 91

19.01 Compliance....................................................................................................................... 91

19.02 Labor Discrimination ....................................................................................................... 91

19.03 Local Hiring ..................................................................................................................... 91

19.04 Department of Industrial Relations Requirements ........................................................... 92

19.05 DIR Registration............................................................................................................... 93

19.06 Prevailing Wages.............................................................................................................. 93

19.07 Payroll Records................................................................................................................ 93

19.08 Apprenticeship.................................................................................................................. 94

19.09 Assignment of Unfair Business Practice Claims.............................................................. 94

19.10 California Air Resources Board (CARB) Requirement for Certificate of Reported Compliance.................................................................................................................................... 95 ARTICLE 1— DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by City and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties, and designates the specific documents that are Contract Documents.

3. Allowance— Is for materials or work that is known to definitely be required, but which cannot be specified with adequate detail. Such materials or work are

18.39 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 6 General Conditions describable in general terms and their cost can be estimated. Each Allowance requires the City approval and authorization prior to any progress payments for the Allowance.

4. Application for Payment—The document prepared by Contractor, in a form acceptable to City, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

5. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

6. Bidder—An individual or entity that submits a Bid to City.

7. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

8. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

9. Change Order—A document which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

10. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Construction Manager concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents.

11. City—The City of Santa Cruz, California, which is the entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. The terms “City” and “Owner” have the same meaning. The term “City Council” means the duly elected governing board of the City.

12. City Representative-The Program Manager, Construction Manager or Engineer acting on behalf of the City during the construction period with duties, responsibilities and limitations of authority as set forth in the Agreement and Contract Documents.

13. Claim - Any request by Contractor, duly submitted in compliance with the requirements set forth in Article 12 and Article 17, seeking an adjustment of Contract Price and/or Contract Times; or seeking other relief related to the Project

14. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

15. Construction Manager (CM)— The individual or entity so designated in the Agreement and with the roles and responsibilities as set forth in Article 10 of these General Conditions.

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16. Contingency— Is for the sole use of City to cover unanticipated costs for specific items of Work not completely defined in the Contract Documents. Use of Contingency requires the City approval and authorization prior to any progress payments for the additional work.

17. Contract—The entire and integrated written contract between City and Contractor concerning the Work.

18. Contract Documents—Those items so designated in the Agreement, and as modified by Change Order, including but not limited to Drawings and Specifications, and which together comprise the Contract.

19. Contract Price—The money that City has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.

20. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

21. Contractor—The party that has entered into a contract with the City for performance of the Work provided for in the Contract Documents.

22. Cost of the Work—As defined in Article 13.

23. Director—The Water Department Director for the City of Santa Cruz, acting either directly or through properly authorized agents acting within the scope of the particular duties delegated to them, including those designated as the City’s Representative.

24. Deputy Water Director—Engineering Manager for City of Santa Cruz Water Department.

25. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

26. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

27. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.

28. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.

29. Engineer—The individual or entity named as such in the Agreement.

30. Field Order—A written order issued by Construction Manager which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

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31. Final Completion—The time at which the entire Work is complete, including completion and acceptance of all punch list corrections, as deemed by the City.

32. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto.
a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.

33. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

34. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

35. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.

36. Notice of Award—The written notice by City to a Bidder of City’s acceptance of the Bid.

37. Notice of Completion - A document executed by the Director, as authorized by the City Council, and filed with the County Recorder, signifying the date that the entire Work has been completed and accepted by the City.

38. Notice to Proceed—A written notice by City to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

39. Program Manager (PM)—The entity so designated in the Agreement.

40. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times.

41. Project—The total undertaking to be accomplished for City by engineers, contractors, and others, including planning, study, design, construction, materials, equipment, testing, commissioning, and start-up, and of which the Work to be performed.

42. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

43. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Construction Manager’s and Engineer’s review of the Submittals.

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44. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

45. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

46. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by City which are designated for the use of Contractor.

47. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

48. State Specifications— Current edition of the California Department of Transportation (Caltrans) Construction Contract Standards. Where the terms “State” or the “Engineer” are used within the State Specifications, they shall be considered as meaning the “City” or “Director” as defined in these General Conditions.

49. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. Trucking firms, testing laboratories, and consultants, whether employed by Contractor or any Subcontractor, are considered Subcontractors.

50. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Construction Manager or Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; City-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source qualitycontrol testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Construction Manager or Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals.

51. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of the City, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work.

52. Successful Bidder—The Bidder to which the City makes an award of the Contract.

53. Supplementary Conditions—The terms and conditions that amend or supplement these General Conditions.

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54. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. Firms that rent construction equipment or machinery used in the Work are considered Suppliers when such rental firm does not operate the equipment or machinery for performance of the Work.

55. Technical Data
a. Those items expressly identified as Technical Data in the Instructions to Bidders, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site.
b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor.
c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings.

56. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility.

57. Unit Price Work—Work to be paid for on the basis of unit prices.

58. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

59. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by City and recommended by Construction Manager, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a

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Beltz 10 Pilot Test Site Preparation 00 72 13- 11 General Conditions subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.

1.02 Terminology
A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by City, Engineer or Construction Manager. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Construction Manager any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.

C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective Work: The term “Defective Work,” refers to Work that is unsatisfactory, faulty, omitted, incomplete, or deficient in that it:

1. does not conform to the Contract Documents;

2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

3. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04).

E. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four

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Beltz 10 Pilot Test Site Preparation 00 72 13- 12 General Conditions words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a wellknown technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2— PRELIMINARY MATTERS

2.01 Delivery of Bonds and Insurance
A. Performance, Payment, Other Bonds: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City the performance bond, payment bond, and other bonds (as applicable) on forms provided by the City.

B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6 of the General Conditions (as may be modified by the Supplementary Conditions).

2.02 Copies of Documents
A. City (or Construction Manager, acting on behalf of City) shall furnish to Contractor one printed copy of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional paper copies will be furnished upon request at the City’s cost of reproduction.

B. City shall maintain and safeguard an official version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals, according to the City’s record retention policies.

2.03 Before Starting Construction
A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Construction Manager for timely review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by City, Construction Manager, Engineer, Contractor, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and

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Beltz 10 Pilot Test Site Preparation 00 72 13- 13 General Conditions other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.

B. At this conference, City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.05 Acceptance of Schedules
A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Construction Manager, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Construction Manager.

1. The Progress Schedule will be acceptable to Construction Manager if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose responsibility on Construction Manager for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Construction Manager and Engineer if it provides a workable arrangement for reviewing and processing the required Submittals. Schedule of Submittals will be jointly accepted by both Construction Manager and Engineer.

3. Contractor’s Schedule of Values will be acceptable to Construction Manager as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work.

4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule.

2.06 Electronic Transmittals
A. Except as otherwise stated elsewhere in the Contract, the City, Construction Manager, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means.

B. If the Contract does not establish protocols for Electronic Means, then City, Construction Manager, Engineer, and Contractor shall jointly develop such protocols.

C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long-term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents.

ARTICLE 3— CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent
A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all.

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Beltz 10 Pilot Test Site Preparation 00 72 13- 14 General Conditions B. Any part of the Work not mentioned or expressly addressed in the Contract Documents but is reasonably inferable or ordinarily implied by the Contract Documents shall be provide by Contractor as if fully described and set forth in the Contract Documents.

C. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents.

D. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern.

E. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

F. Engineer or Construction Manager will issue clarifications and interpretations of the Contract Documents as provided in the General Conditions and elsewhere in the Contract Documents.

G. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

H. Nothing in the Contract Documents creates:

1. any contractual relationship between City, Construction Manager, or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or

2. any obligation on the part of City, Construction Manager, or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations.

3.02 Reference Standards
A. Standards Specifications, Codes, Laws and Regulations

1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of City, Contractor, Construction Manager, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to City, Construction Manager, or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

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3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Construction Manager any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Article 11.

2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Construction Manager in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Article 11.

3. Contractor shall not be liable to City or Construction Manager for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:
a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Requirements of the Contract Documents
A. During the performance of the Work and until final payment, Contractor and City shall submit to the Construction Manager in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Construction Manager will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work.

1. Such matters are subject to the order of precedence of the Contract Documents set forth in Article 5 the Agreement.

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2. Engineer will be the interpreter of the requirements of the Drawings, Specifications (including applicable standard specifications, if any, such as State Specifications, as applicable) of Divisions 02-49 (“Technical Specifications”), and engineering and technical matters of the Contract Documents related to the Project design, and will respond to RFIs regarding the Project’s design and engineering and technical matters.

3. Construction Manager will be the interpreter of the Contract Documents regarding administrative and procedural requirements, including the documents in Division 00 (“Bidding and Contracting Requirements”) and the Division 01 General Specifications.

4. Engineer and Construction Manager will jointly confer with each other concerning matters related to the acceptability of the Work and either Construction Manager or Engineer will render the necessary interpretation or clarification.

B. Construction Manager and Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Written clarification, interpretation, or decision by Engineer and Construction Manager will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on City, unless it appeals by filing a Claim.

C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Construction Manager and Engineer will promptly jointly notify City, and Contractor in writing that Construction Manager and Engineer are unable to provide a decision or interpretation. If City and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

3.05 Reuse of Documents
A. Contractor and its Subcontractors and Suppliers shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without City’s express written consent, or violate any copyrights pertaining to such Contract Documents.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes.

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Beltz 10 Pilot Test Site Preparation 00 72 13- 17 General Conditions ARTICLE 4— COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times
A. The Contract Times will commence to begin on the date of the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract.

4.02 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date.

B. Not less than 24 hours prior to starting Work at the Site, Contractor shall furnish notice to Construction Manager and City of Contractor’s intent to start the Work at the Site.

4.03 Reference Points
A. City shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of City. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Construction Manager for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11.

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with City. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

4.05 Delays in Contractor’s Progress
A. If City, Construction Manager, Engineer, or anyone for whom City is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price and Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.

C. Uncontrollable Delays: If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of City,

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Beltz 10 Pilot Test Site Preparation 00 72 13- 18 General Conditions Contractor, and those for which they are responsible, then Contractor may be entitled to an equitable adjustment in Contract Times. An adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph.

Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. Force Majeure Events:
a. Acts of god, severe and unavoidable natural catastrophes such as fires, floods, epidemics, pandemic, tidal waves, and earthquakes;
b. Abnormal weather conditions;
c. Acts or failures to act of third-party utility owners or other third-party entities not under the reasonable control of either City or Contractor (other than those thirdparty utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and
d. Acts of war or terrorism.
e. Labor strikes, labor disputes, freight embargoes, and shortages of materials beyond the reasonable control of Suppliers and others for whom Contractor is responsible.

2. Such delays must be not less than five hours’ duration per day to qualify under this provision.

3. Further Conditions on Certain Force Majeure Delays:
a. Material Shortages: Upon Contractor’s submittal of satisfactory proof to Construction Manager, shortages of materials may be grounds for an extension of the Contract Times. Such documentation must demonstrate that Contractor has made every effort to obtain such materials from all known Suppliers within reasonable reach of the Site. Only the physical shortage of materials, caused by unusual circumstances, will be grounds for an extension of the Contract Times.

No consideration will be given to any Change Proposal or Claim that materials could not be obtained at a reasonable, practical, or economical cost, unless it is demonstrated to Construction Manager’s and City’s satisfaction that such materials could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. An extension of the Contract Times for shortage of materials will not be considered for materials ordered or delivered late or whose availability is affected by mishandling of procurement by Contractor, Subcontractor or Supplier. This provision applies equally to equipment to be incorporated into the Work.

4. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows:
a. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference.

18.52 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 19 General Conditions b. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled.
c. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11.
d. Contractor shall make all reasonable efforts to remove or eliminate the cause for delay, disruption, interference, or default, and will upon cessation of the cause, Contractor shall diligently pursue performance of its contractual obligations.

5. Weather-Related Delays
a. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: (1) that weather conditions were abnormal for the period of time in which the delay occurred, (2) that such weather conditions could not have been reasonably anticipated, and (3) that such weather conditions had an adverse effect on the Work on the critical path at the time of the delay. b. The existence of abnormal weather conditions will be determined in accordance with the following:
1) Every workday on which one or more of the following conditions exist will be considered a “bad weather day”:
i) Total precipitation (as rain equivalent) occurring between 7:00 p.m. on the preceding day (regardless of whether such preceding day is a workday) through 7:00 p.m. on the workday in question equals or exceeds ½ inch of precipitation.
ii) Ambient outdoor air temperature at 11:00 a.m. is equal to or less than the following low temperature threshold: 32 degrees Fahrenheit; or, at 3:00 p.m. the ambient outdoor temperature is equal to or greater than the following high temperature threshold: 110 degrees Fahrenheit. iii) A high wind warning has been issued.
2) Determination of actual bad weather days during performance of the Work will be based on the weather records measured and recorded by the National Weather Service and weather monitoring station nearest to the Project site. 3) The time allowance of work is based upon the inclusion of 10 bad weather days A bad weather day will not be considered as working days, unless construction work is performed despite the weather.
4) The Contractor shall base the construction schedule upon the inclusion of the number of days of bad weather days specified in this Section. No extension of the Contract time due to excusable inclement weather will be considered until after the said aggregate total number of days of excusable inclement weather has been reached; however, no reduction in Contract time would be made if said number of days of excusable inclement weather is not reached. 5) The existence of abnormal weather conditions will not relieve Contractor of the obligation to demonstrate and document that delays caused by abnormal

18.53 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 20 General Conditions weather are specific to the planned work activities or that such activities thus delayed were on Contractor’s then-current Progress Schedule’s critical path for the Project.
6) The Contractor shall assume responsibility for monitoring the National Weather Service weather forecast on a daily basis during the Project and notify the City when a bad weather day is predicted to occur. Notification of a bad weather day shall be given the day prior, or the day of occurrence, whichever is earlier. Notification shall be given via e-mail or other written means.

D. Each Contractor’s request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following:

1. The circumstances that form the basis for the requested adjustment;

2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work;

3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work;

4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and

5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07.

Contractor shall also furnish such additional supporting documentation as City or Construction Manager may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work.

E. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E.

F. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

G. Failure to comply with the requirements of this Article 4 shall result in Contractor waiving any right to adjustments to Contract Price or Contract Times.

4.06 Notice of Delays
A. When Contractor foresees or is aware of a delay in the prosecution of the Work:

1. When the delay entitles Contractor to a change in the Contract Times, submit Change Proposal therefor in accordance with Article 11 of these General Conditions, within the time limits set forth in Paragraph 11.09.

2. When the delay does not entitle the Contractor to a change in the Contract Times, give Construction Manager and Engineer prompt notice thereof. Contractor is responsible for preparation of recovery schedules and for all costs associated with

18.54 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 21 General Conditions making up the lost time and consequences of failing to comply with the Contract Times.

ARTICLE 5— SITE CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands
A. City shall provide the lands, rights-of-way, and easements upon which the Work is to be provided, and such other lands as may be designated on the Drawings for Contractor’s use. Contractor shall confine its operations to within these limits.

B. Contractor shall provide for all additional lands and access thereto that may be required for temporary facilities or storage of materials and equipment.

C. Right-of-Ways Delays

1. If performance of the Work is delayed because of City’s failure to acquire or provide lands for the Work, an extension of the Contract Times will be provide pursuant to provisions of Article 11 of the General Conditions and other provisions of the Contract Documents. Such change of the Contract Times is conditioned that such delay adversely affects Contractor’s ability to comply with the Contract Times.

5.02 Use of Site and Other Areas
A. Limitations on Use of Site and Adjacent Areas

1. No material or equipment shall be stored where it will interfere with the safe passage of public traffic or the traffic of City and entities retained by City, and at the end of each day’s work and at other times when construction operations are suspended for any reason, Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic, the City, and entities retained by the City. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly.

2. Obstruction along the line of the Work, such as mailboxes or newspaper boxes, posts, fences, culverts, improvements, and similar types of site improvements, which interferes with the Contractor’s operation shall be carefully removed and replaced by Contractor as soon as possible in a condition equal to preconstruction conditions or better. Trees and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, under- or aboveground pipelines, and other improvements and facilities adjacent to the Work shall be protected from injury or damage.

3. If such objects are injured or damaged by reason of Contractor’s operations they shall be replaced or restored at Contractor’s expense. The facilities shall be replaced or restored in accordance with the Contract Documents; if not expressly addressed in the Contract Documents, restore to preconstruction condition. When it becomes necessary for Contractor to remove an existing fence as an obstruction to the Work, Contractor shall provide the necessary temporary fencing to be functionally as effective as the original for protection of livestock, equipment, or property.

4. Only those trees specifically designated for removal on the Drawings or as otherwise indicated in the Contract Documents for removal shall be removed except with specific approval of the Director. Tree branches that extend over the Work and must be removed, shall be cut off at the bole in a competent manner. Contractor shall then remove other branches so that the tree will present a balanced appearance. Scars

18.55 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 22 General Conditions resulting from the removal of branches shall be treated with a heavy coat of an approved tree seal. The Director may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility.

5. Cost of such repairs shall be borne by Contractor and may be deducted (as a set-off) from payments due or Contractor under the Contract.

6. No direct payment will be made by reason of the provisions of this article and all costs in connection therewith shall be included in the Contract Prices.

7. Contractor, employee, and agents, shall at all times observe and comply with all conditions imposed by any instrument granting the right to enter upon property for the purpose of performing the Work, including, but not limited to, all conditions relative to the prevention and suppression of fires.

B. Rights in Land and Use of Property: Nothing in the Contract allows Contractor to make arrangements with any person for occupancy or use of any land, structure, or building at the Site for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner, or tenant of such land, structure or building. Contractor shall not use the Site for any purpose other than performance of the Work.

C. Trespass: Contractor shall be responsible for damage and injury caused on property by trespass by Contractor, or anyone for whom Contractor is responsible during the Work, whether such trespass was committed with or without the consent or knowledge of Contractor.

D. Removal of Debris During Performance of the Work

1. During the progress of the Work, Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations.

E. Cleaning

1. Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

F. Loading of Structures:

1. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.

5.03 Subsurface and Physical Conditions
A. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Instructions to Bidders with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.50.b.

18.56 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 23 General Conditions B. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against City, Program Manager, Construction Manager, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;

3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or

4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.

5.04 Differing Subsurface or Physical Conditions
A. Pursuant to California Public Contract Code Section 7104, when the Work involves other excavations below the ground surface:

1. Contractor shall promptly, and before the following conditions are disturbed, notify Construction Manager and Engineer in writing of any:
a. Material that Contractor believes may constitute a Hazardous Environmental Condition, as defined in Paragraph 1.01.A of these General Conditions and as set forth in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with Laws and Regulations;
b. Subsurface or latent physical conditions at the Site differing from those indicated in the Contract Documents (Type I Differing Site Condition); and c. Unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract (Type II Differing Site Condition).

2. Contractor’s written notice shall inform Engineer and Construction Manager of how such conditions affect its work and, where appropriate, shall indicate recommended methods to overcome such conditions.

B. Differing site conditions do not include:

1. All that is indicated or reasonably interpreted from the Contract Documents or reference documents;

2. All that could be reasonably visually observed at the Site;

3. Conditions that are materially similar to or characteristically the same as those indicated or described in the Contract Documents or reference documents; and

4. Conditions where the location of a component of the Work is in the proximity where indicated in or reasonably interpreted from the Contract Documents or reference documents.

18.57 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 24 General Conditions C. Engineer and Construction Manager will promptly investigate the conditions identified and described in Contractor’s written notice, and if Engineer and Construction Manager determine that the conditions differ materially so, or do involve a Hazardous Environmental Condition, and will result in a change in the Contract Price or Contract Times, the City, Construction Manager, and Engineer will issue a Work Change Directive or proposal request (to be followed by Contractor’s Change Proposal and eventually a Change Order), in accordance with the Contract Documents.

D. When a disagreement arises between City with its consultants and the Contractor, regarding whether the conditions materially differ, or involve a Hazardous Environmental Condition, or cause a change in the Contract Price or Contract Times, Contractor will not be excused from compliance with the Contract Times and shall proceed with all Work.

Contractor retains any and all rights provided either by Contract or by Laws and Regulations which pertain to the resolution of disagreements between the parties.

E. If Contractor discovers archaeological or historical resources during construction, the work in the affected area shall immediately cease and Contractor shall immediately notify Construction Manager (not later than 24 hours after discovery). City will have ownership of archaeological and historical resources discovered or revealed by Contractor.

5.05 Underground Facilities
A. In general, location of existing Underground Facilities shown on the Drawings are approximate. Such information was obtained from utility owners’ maps and City does not guarantee either the correctness of locations or the extent of such location. Minor lines such as service laterals to buildings or structures are general not shown on the Drawings.

Contractor is responsible for ascertaining exact location of Underground Faculties within the Contract Price and Contract Times.

B. Unless otherwise allowed in the Contract Documents or by express permission from utility owner, Contractor shall not interrupt or stop utility services provided via Underground Facilities. Where interruption of services is allowed or required, Contractor shall provide disconnection and reconnection of the associated utility or service within the Contract Price and Contract Times, regardless of whether by Contractor’s or Subcontractor’s workers or by utility owner.

C. In accordance with California Government Code Section 4215, City has responsibility for the timely removal, relocation or protection of existing main or trunk line Underground Facilities located at the Site, if such Underground facilities are not shown or indicated on the Drawings or elsewhere in the Contract Documents. City will compensate Contractor for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating existing Underground Facilities at the Site and not shown or indicated with reasonable accuracy on the Drawings or other Contract Documents. City will also compensate Contractor for cost of equipment at the Site necessarily idled during such delay in the Work associated unanticipated Underground Facilities. In the event of such delay, Contractor will be eligible for a change in the Contract Price and the Contract Times; a change in the Contract Times is conditioned on the delay adversely affecting Contractor’s ability to comply with the Contract Times.

D. Nothing in this provision or elsewhere in the Contract Documents will require City to indicate the presence of existing Underground Facilities whenever the presence of such Underground Facilities at the Site can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Site; provided, however, that nothing in this provision or the Contract Documents shall relieve

18.58 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 25 General Conditions City from identifying Underground Facilities on the Drawings or elsewhere in the Contract Documents.

E. Nothing in this provision or the Contract Documents precludes City from pursuing any appropriate remedy against utility owners for delays which are the responsibility of the utility owner.

F. Nothing in this provision or elsewhere in the Contract Documents will relieve utility owner from any obligation required either by Laws or Regulations or by contract to pay the cost of removal or relocation of existing Underground Facilities or utility facilities visible aboveground.

G. If, while performing the Work, Contractor discovers Underground Facilities not shown or indicated on the Drawings or elsewhere in the Contract Documents, Contractor must immediately notify City and utility owner in writing, with a copy of such notice submitted to Construction Manager and Engineer.

H. Either City or utility owner, whichever owns existing Underground Facilities located at the Site, shall have sole discretion to effect repairs or relocation work or to permit Contractor to perform such repairs or relocation work at a reasonable price.

I. Contractor shall work around public Underground 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 Contractor will be held liable to the owner of such Underground Facilities for damage or interference with service resulting from Contractor’s operations.

J. Exact locations of Underground Facilities within the construction area shall be ascertained by Contractor before using equipment or methods that may damage or interfere with service resulting from Contractor’s operations. Contractor is responsible for notifying owners of Underground Facilities that Contractor is working in the vicinity of such Underground Facilities.

K. City or others may be engaged in moving or reconstructing Underground Facilities or maintaining service of Underground Facilities, and Contractor shall cooperate with such entities and conduct Contractor’s operation in such a manner as to avoid unnecessary delay or hindrance to the work being performed by such other entities.

L. City owns, operates, and maintains its own water distribution and wastewater collection systems and will cooperate with Contractor insofar as it is reasonable and practicable.

Full compensation for conforming to the requirements of this article, not otherwise provided for, shall be considered as included in the Contract Price for the various contract items of Work.

5.06 Hazardous Environmental Conditions at Site
A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to City relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site;

2. drawings known to City relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and

3. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Instruction to Bidders with respect to such reports and drawings, but such reports and drawings are not Contract

18.59 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 26 General Conditions Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.50.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against city, Program Manager, Construction manager, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify City, Construction Manager, and Engineer (and promptly thereafter confirm such notice in writing). City shall promptly consult with Construction Manager and Engineer concerning the necessity for City to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Construction Manager and Engineer, City shall take such actions as are necessary to permit City to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then City may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs.

F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after City has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

G. If City and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then

18.60 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 27 General Conditions within 30 days of City’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or City may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08.

H. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11 of these General Conditions. City may have such deleted portion of the Work performed by City’s own forces or others in accordance with Article 8 of these General Conditions.

I. To the fullest extent permitted by Laws and Regulations, City shall indemnify and hold harmless Contractor, Subcontractors, Program Manager, Construction Manager, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph

5.06.I obligates City to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, Program Manager, Construction Manager, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

K. The provisions of Paragraphs 5.03, 5.04, and 5.05 of these General Conditions do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 6— BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds
A. Surety Qualifications

1. Performance bond, payment bond, and any other bonds required by the Contract Documents shall be issued by a surety on the forms bound in the Contract Documents. Bonds shall serve as security for the faithful performance and payment of all of Contractor’s obligations under the Contract and are required to be

18.61 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 28 General Conditions satisfactory to the City. Contractor shall pay all bond premiums and costs. Surety shall be authorized to issue surety bonds in the State of California. Bonds shall be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, US Department of the Treasury.

Each bond must be signed by both the Contractor and surety. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.

2. The bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California. Contractor and surety shall warrant to the City that the surety is licensed by the California Secretary of State to conduct business in the State of California and surety shall provide proof of its authorization to conduct business in the State of California.

3. Surety shall be certified by the Federal Department of the Treasury for $50 million or higher and shall have an A.M. Best rated A:VII or higher.

B. Contractor agrees to be responsible for any additional security if required by the City as specified in the Supplementary Conditions.

C. Payment Bond:

1. The Payment Bond (or “Bond for Labor and Material”) shall be in the amount of 100 percent (100%) of the Contract Price, and shall inure to the benefit of persons performing labor, furnishings materials, or both, in connection with the Work. City shall be the obligee on the Payment Bond.

2. Payment Bond shall be maintained in full force and effect until all Work is completed and accepted by the City, and until all claims for materials and labor have been paid, whichever is later.

3. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the Payment Bond.

City may furnish copy of the Payment Bond to such entities upon their request to City.

D. Performance Bond:

1. Performance Bond (or “Bond for Faithful Performance”) shall be in the amount of 100 percent (100%) of the Contract Price, and shall be so conditioned as to ensure the faithful performance by Contractor of all Work in accordance with the Contract Documents. Performance bond shall also ensure the replacing of, or making acceptable, any defective Work.

2. Performance Bond shall remain in effect for one (1) year (unless otherwise specified in the Supplementary Conditions) after final payment has been accepted by Contractor and until Final Completion, as guaranty for Contractor’s performance of all obligations, including, warranties, guarantees, maintenance, to correct and remedy defective Work, and payment of damages.

E. Maintenance/Warranty Bond: In lieu of having the Performance Bond remain in effect for one year after final completion and performance of all obligations, including, warranties, guarantees of these General Conditions (as may be modified by the

18.62 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 29 General Conditions Supplementary Conditions),whichever is later, a maintenance bond (or “warranty bond”) in the amount of 10 percent of the final Contract Price, may be substituted, if furnished to City in acceptable form after the Work is eligible for final payment and prior to when City issues final payment to Contractor. Unless otherwise specified in the Supplementary Conditions, such maintenance bond shall remain in effect for a period of one year after the date of Final Completion as guaranty for Contractor’s obligations including warranties, guarantees, maintenance, and to correct and remedy defective Work. A partial occupancy of a part of the Work consistent with Paragraph 15.04 of these General Conditions may cause the correction period to commence to only that part of the Work which becomes partially occupied or actually used prior to Final Completion.

F. Replacement of Surety: Should any surety or sureties be deemed unsatisfactory at any time by the City, notice will be given the Contractor and Contractor shall promptly substitute a new surety or sureties satisfactory to the City. No further payment shall be due Contractor under the Contract until the new sureties shall qualify and be accepted by the City and the required bonds are furnished to and accepted by the City.

G. Changes in the Work or extensions of time made pursuant to the Contract Documents shall in no way release the Contractor or surety from its obligations. Contractor shall have the responsibility to communicate any Contract modifications to surety and to revise the duration and amount of the Performance Bond and Payment as required. All changes in the Contract Price will be deemed to include compensation sufficient for Contractor to revise the Performance Bond and Payment Bond.

6.02 Insurance—General Provisions
A. Requirements are in the Supplementary Conditions.

6.03 Contractor’s Insurance
A. Requirements are in the Supplementary Conditions.

6.04 Property Insurance
A. Requirements for builder’s risk insurance or an installation floater (when allowed) are in the Supplementary Conditions.

6.05 Losses; Subrogation
A. Requirements are in the Supplementary Conditions.

6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 (or the Supplementary Conditions) will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insured, and give notice to such other insured that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insured, or to the named insured that purchased the policy in its own right and as fiduciary for other insured, subject to the requirements of any applicable mortgage clause.

A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in

18.63 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 30 General Conditions interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations.

C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds.

ARTICLE 7— CONTRACTOR’S RESPONSIBILITIES

7.01 Contractor’s Means and Methods of Construction
A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not City-delegated professional design services under this Contract, and neither City, Program Manager, Construction Manager, nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services.

C. Contractor shall identify each item of construction equipment and machinery, other than small tools and hand tools, by affixing an identifying number plainly stenciled or stamped on such equipment or machinery at a conspicuous location. Manufacturer, model, and empty gross weight of each item of compacting equipment shall be plainly stamped or stenciled in a conspicuous place on such item. Gross weight shall be either the manufacturer’s rated weight or the scale weight.

D. Alternative Construction Equipment and Machinery: Where the Contract Documents require use of a certain type of construction equipment or machinery for the Work, and Contractor proposes a substitute or equivalent item, comply with requirements of Paragraphs 7.05 and 7.06 of these General Conditions.

7.02 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to City and Construction Manager, except under extraordinary circumstances. If the City required prequalification for the Project, Contractor shall assign its prequalification-designated superintendent to the Project.

C. Contractor shall designate in writing before starting the Work an authorized representative who shall have complete authority to represent and act for Contractor. If the City required prequalification for the Project, Contractor shall assign its prequalification-designated authorized representative to the Project. Where Contractor is a joint venture or otherwise comprised of two or more partners or corporations, Contractor shall designate in writing to City and Construction Manager the name of Contractor’s authorized representative who shall have full authority to direct the Work

18.64 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 31 General Conditions and to whom communications may be directed by Construction Manager. Contractor’s authorized representative shall be indicated in writing to City and Construction Manager not later than the preconstruction conference required by Paragraph 2.04 of these General Conditions. Contractor’s representative will typically be Contractor’s designated project manager In addition, Contractor shall identify in writing to City and Construction Manager the name of Contractor’s designated Site superintendent, who shall be at the Site at all times when work is in progress at the Site.

D. Contractor is not an agent of the City, nor does Contractor have any direct, contractual relationship with Program Manager, Construction Manager, or Engineer.

7.03 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site.

B. Contractor shall be fully responsible to City, Construction manager, and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions C. Character of Workers: If any worker at the Site, whether employed by Contractor or Subcontractor, fails or refuse to carry out the directions of the Director or appears to the Director to be incompetent or to act in a disorderly or improper manner, the worker shall be removed from the Site immediately on the request of the Director, and such persons shall not again be employed on the Work. Nothing in this provision gives rise to any duty or obligation on the part of City, Construction Manager, or Engineer to monitor the work or competency of Contractor’s workers at the Site.

D. Hours of Labor: Eight hours of labor constitutes a day’s work. Contractor shall forfeit as a penalty to City up to $25 for each worker employed on the Work for each day during which such worker is required or permitted to labor more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of California Labor Code Sections 1810 to 1815, inclusive, except as provided for under Labor Code Section 1815.

E. Working Hours: Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Supplementary Conditions, all Work at the Site will be performed during regular working hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. Contractor will not perform Work between the hours of 5:00 p.m. and 8:00 a.m nor on a Saturday, Sunday, or any legal or City-observed holiday, except with the City’s prior written consent (which will not be unreasonably withheld), or except in case of an emergency. The Contractor shall request the City’s consent at least 48 hours and specify the location, duration, and type of work proposed to be performed outside of normal construction working hours or on a Saturday, Sunday, or legal or City-observed holiday. Any construction work done without such notice and without the City’s prior written consent may be subject to inspection, required to be removed, or replaced at the Contractor's sole expense.

F. Legal Holidays recognized by applicable collective bargaining agreements as requiring holiday pay may not be considered working days if no construction work is performed.

G. City observed holidays are not working days and no construction work shall be performed on such days. Holidays that occur on a weekend will be observed on a

18.65 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 32 General Conditions weekday. City-observed holidays are New Year’s Day, Martin Luther King Day, President’s Day, Farm Worker Appreciation Day, Memorial Day, Juneteenth, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.

H. Contractor shall minimize any noise generated during working hours; and maintain compliance with the City’s noise ordinance, Santa Cruz Municipal Code (SCMC) sections 4.14.070 and 9.36.010 or Santa Cruz County Code (SCCC) sections 8.30.010 and 1.13.070. Violations of the SCMC or SCCC can result in administrative or criminal citations, and financial penalties.

I. No noise generating activities, including but not limited to running or maintaining diesel equipment, sawcutting, jackhammering, idling vehicles, back-up alerts shall be done between the hours of 6:00 p.m. and 8:00 a.m.

7.04 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, startup, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

1. Water, as required for City projects, may be obtained at City-owned hydrants provided that application is made to the City Water Department and permission obtained with provision for payment.

2. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of City. If required by Engineer or Construction Manager, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

B. In general, materials and equipment indicated in the Contract Documents without definition of quality shall be consistent with the quality of adjacent or related materials, and equipment.

C. Any method of installation, finish, or workmanship required by the Contract Documents without definition or standard shall be provided consistent with adjacent or related construction.

D. Necessary material, equipment, or activity not called for, but reasonably implied as necessary for proper completion of the Work shall be provided consistent with adjacent or related materials and equipment in accordance with good practice.

E. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

F. City’s Property Rights in Materials and Equipment

1. Nothing in the Contract shall be construed as vesting in Contractor any right of property in the materials used after they have been installed into the permanent construction, or after payment has been made for 80 percent of the value of materials or equipment (as applicable) delivered to the Site, whether or not they have been

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Beltz 10 Pilot Test Site Preparation 00 72 13- 33 General Conditions installed. All such materials and equipment shall become City’s property upon being so installed upon payment of such 80 percent of the value of said materials or equipment (as applicable) delivered to the Site or otherwise paid for by City.

2. City’s ownership does not mitigate or reduce Contractor’s responsibility for protection of materials and equipment and adjoining property, as set forth in the Contract Documents.

G. Ownership of Materials Removed from Work Areas

1. Title to water and to the right to the use of all water, to all soil, stone, gravel, sand, minerals, and all other materials developed or obtained in the excavation or other operations by Contractor and the right to use or dispose of the same, are hereby expressly reserved in the City and neither Contractor, nor any Subcontractor or any worker shall have any right, title, or interest in or to any part thereof; neither shall they assert or make any claim thereto. Contractor may be allowed to use in the Work without charge any such materials which meet the requirements of the Contract Documents.

7.05 “Or-Equals”
A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below.

1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an “or-equal” item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that the proposed item:
1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;
2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;
3) has a proven record of performance and availability of responsive service; and
4) is not objectionable to City.
b. Contractor certifies that, if the proposed item is approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Times; and

18.67 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 34 General Conditions 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents.

2. Where the Contract Documents require use of specific procedures or methods, Contractor may propose, in accordance with this Paragraph 7.05 and associated provisions of the Contract Documents, use of an equivalent procedure or method on the same basis as for “or-equal” items of materials and equipment.

3. Submit requests for approval of a proposed “or-equal” to Engineer, with concurrent copy to Construction Manager.

B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “orequal” at Contractor’s expense.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability.

No “or-equal” will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item, procedure, or method is an “or-equal,” which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. Engineer’s decision on the proposed “or-equal” will be in writing and copied to Construction Manager.

D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. Engineer’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract.

E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material, or a procedure or method required by the Contract, proposed by Contractor does not qualify as an “or-equal”, Contractor may request that Engineer consider the proposal a proposed substitute pursuant to Paragraph 7.06 of the General Conditions and related provisions of the Specifications.

F. Pursuant to California Public Contract Code, Section 3400 et seq., Contractor has at least 35 days after award of the Contract for submission of complete request for approval of “or-equal” items or procedures.

7.06 Substitutes
A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. Where the Contract Documents require use of a specific procedure or method, Contractor may also request Engineer’s approval of a substitute procedure or method; although language of this Paragraph 7.06 is generally regarding substitute materials and equipment, similar requirements apply to requested substitutes procedures and methods. To the extent possible such requests must be made before commencement of related construction at the Site and is subject to time limitations, if any, for such requests as required by the Contract Documents. Requests for approval of substitutes shall be submitted to Engineer, copied to Construction Manager; Engineer’s response(s) will be to Contractor and copied to Construction Manager.

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Beltz 10 Pilot Test Site Preparation 00 72 13- 35 General Conditions

1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the proposed substitute item of material or equipment is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor.

2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.

3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application:
a. will certify that the proposed substitute item will:
1) perform adequately the functions and achieve the results called for by the general design;
2) be similar in substance to the item specified; and
3) be suited to the same use as the item specified.
b. will state:
1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times;
2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; and
3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify:
1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner.

Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing (with copies to Construction Manager) of any negative determination.

18.69 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 36 General Conditions C. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse City for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse City for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute.

E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.

F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution.

Engineer’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal.

G. Pursuant to California Public Contract Code, Section 3400 et seq., Contractor has at least 35 days after award of the Contract for submission of complete request for approval of substitute items or procedures.

7.07 Concerning Subcontractors Suppliers, and Others Performing Work A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to City. Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to City to perform and complete the Work in accordance with the Contract Documents.

1. Where Contractor has indicated in its Bid the identity of certain Subcontractors or Suppliers, Contractor shall retain such Subcontractors and Suppliers for the work, unless certain Subcontractor(s) or Supplier(s) are rejected by City.

B. Contractor shall submit to the City a list of Subcontractors, Suppliers, or other individuals, or entities who will perform work, labor or render services to the Contractor in excess of one-half of one percent of the Contractor’s total Bid together with the portion of the work or services provided which will be done by each such Subcontractor, Supplier, or other individual or entity in accordance with Public Contract Code section 4104.

1. The Contractor shall perform with his/her own organization and with workers under his/her immediate supervision, Work of a value not less than fifty percent (50%) of the value of all Work covered by the Contract, unless otherwise stated in the Supplementary Conditions.

C. Contractor shall comply with California Public Contract Code Sections 4100 et seq, inclusive, relating to subletting and subcontracting. Any violation of the statute entitles the City at its sole discretion to assess penalties of either 10% of the value of the subcontract at issue on the Contractor, terminate the Contract, and seek other legal penalties.

18.70 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 37 General Conditions After the bid is accepted, Contractor may not substitute a new Subcontractor in place of a Subcontractor listed in the original bid, except with the City’s consent and in accordance with the requirements of Public Contract Code Section 4107.

D. In no case shall the use of Subcontractors or Suppliers in any way alter the position of Contractor or its surety with relation to the requirement to complete the Work in accordance with the Contract Documents. When a Subcontractor or Supplier is used, the responsibility for every portion of the Work performed by such Subcontractor or Supplier shall still remain with Contractor.

E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions.

F. Subcontracts and purchase orders valued at more than $25,000 with Subcontractors and Suppliers shall be pursuant to an appropriate contractual agreement with Contractor that includes a provision that Subcontractor and Supplier are bound to Contractor to the same extent that Contractor is bound to City by all applicable terms and conditions of the Contract. No subcontract or purchase order with Subcontractors and/or Suppliers shall bind or purport to bind the City.

G. On a monthly basis, Contractor shall submit to Construction Manager a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. The list of Suppliers shall be submitted on a City form furnished through Construction Manager.

H. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers so that the Work can be completed in an orderly and coordinated manner without delay or unreasonable disruption.

I. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade.

J. City may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier.

K. Contractor shall restrict all Subcontractors and Suppliers from communicating with City, Program Manager, Construction Manager, or Engineer, except through Contractor.

L. Nothing in the Contract Documents:

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity, any contractual relationship between City and any such Subcontractor, Supplier, or other individual or entity; nor

2. shall create any obligation on the part of City to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

7.08 Patent Fees and Royalties
A. Contractor is responsible for all costs (including, but not limited to, patent fees and royalties) arising from use of, and shall indemnify, defend, hold harmless, and save the City, its officials, officers, employees, agents, and Program Manager, Construction Manager, and Engineer and their respective officers, employees, subcontractors, and

18.71 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 38 General Conditions consultants, harmless from liability of any nature and kind, including costs and expenses, for or on account of copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article, equipment, device, or appliance manufactured, furnished, or used by Contractor in the Work, including their use by City, unless otherwise specifically stipulated in the Contract Documents.

7.09 Permits
A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. City will assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). City shall pay all charges of utility owners for connections for providing permanent service to the Work.

B. Contractor shall comply with all necessary permits, licenses, and certificates of occupancy, and give all notices necessary and incident to the due and lawful prosecution of the Work, except as specifically provided otherwise in the Contract Documents.

C. Fire Permits: Contractor shall obtain necessary fire permits from the properly constituted authority and comply with Santa Cruz County’s and others’ Laws and Regulations associated therewith.

7.10 Taxes
A. The Contract Prices shall include full compensation for all applicable taxes and duties to be paid by Contractor, whether imposed by federal, state, or local governments relating to the Work.

7.11 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work, including as specified in Article

19. 1. City and City’s Consultants as listed in the Agreement shall have no responsibility for monitoring Contractor’s compliance with any Laws or Regulations.

2. Contractor shall promptly self-report violations of Laws and Regulations by Contractor, Subcontractors, Suppliers, or anyone for whom Contractor is responsible, to the appropriate authority or authorities having jurisdiction.

3. Citation in or indication within the Contract Documents of any specific Laws or Regulations does not impart to such Laws or Regulations special significance or priority, nor does such citation in or indication within the Contract Documents of certain Laws and Regulations in any way diminish or reduce Contractor’s obligation to comply with all Laws and Regulations. Such obligation shall be absolute regardless of whether certain Laws or Regulations are explicitly cited or indicated in the Contract Documents.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless City, Program Manager, Construction Manager, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of

18.72 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 39 General Conditions engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It is not Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03 of these General Conditions.

C. City or Contractor may give written notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If City and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or City may initiate a Claim..

7.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one paper record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings.

Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Construction Manager and Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Construction Manager

7.13 Safety and Protection
A. Public Safety; Safety of Personnel at the Site and Adjacent Areas; Protection of Property

1. Except as may be limited by Laws and Regulations, Contractor is solely and completely responsible for conditions of the Site and the Work, including safety of all persons and property during performance of the Work. This requirement applies continuously and is not limited to normal working hours. After final payment by City, Contractor’s responsibility for safety and protection is in effect at all times when Contractor is onsite to correct or remedy defective Work or honor warranty obligations.

2. For purposes of California Labor Code Section 6400 and related provisions of Laws and Regulations, Contractor and Contractor’s privities and other entities engaged in the Work will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be “employers” pursuant to California Labor Code Section 6400 and related provisions of Laws or Regulations with respect to Contractor, Contractor’s privities or other entities engaged in the Work.

3. Contractor shall provide and maintain such temporary fences, barriers, lights, bridges, and signs and provide such flaggers and guards as necessary to give adequate warning to the public, City’s employees, and other entities retained by City of the construction and of dangerous conditions to be encountered as a result thereof.

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Beltz 10 Pilot Test Site Preparation 00 72 13- 40 General Conditions

4. When Contractor’s operations require one-way traffic or creates a condition hazardous to the public traffic, Contractor shall provide and station competent flaggers whose sole duties shall consist of directing the movement of public traffic through or around the work.

B. Accident Prevention

1. Contractor shall comply with all pertinent safety Laws and Regulations and orders of the State of California, Department of Industrial Relations, Division of Industrial Safety, and U.S. Department of Labor, OSHA, and all other Laws and Regulations regardless of whether or not expressly indicated in the Contract Documents, and will take or cause to be taken such additional measures as may be necessary for the prevention of accidents.

2. Prior to commencing the Work, Contractor shall: (1) submit in writing the proposals for effectuating Contractor’s provisions for accident prevention (to be submitted directly to City), and (2) meet in conference with the Director to discuss and develop mutual understandings relative to administration of an overall safety program, and those elements of Contractor’s safety program with which the City and City’s consultants are required to comply.
a. Do not submit Contractor’s accident prevention plan or any Contractor’s sitespecific health and safety plan (HASP), collectively “Contractor’s safety program”, Construction Manager or Engineer. Submit such documents directly to City or City’s safety consultant (if any), upon request of City or City’s safety consultant.
b. City may retain the services of City’s safety consultant for the Project. No services of City’s safety consultant are for benefit of Contractor or any Subcontractor or Supplier; rather, City’s safety consultant’s service are solely for benefit of City.
c. Contractor will give due consideration of comments and suggestions by City, or City’s safety consultant, or both, regarding Contractor’s safety program and onsite procedures incident thereto.
d. Any review and comment by City or City’s safety consultant on Contractor’s safety program or conditions at the Site shall not, in any way, impose on City or City’s safety consultant any obligation to monitor and comment on Contractor’s safety programs or procedures incident thereto, nor shall it mitigate or reduce Contractor’s sole responsibility for safety and protection relative to the performance of the Work.
e. Should City retain a City’s safety consultant for the Project, City’s safety consultant shall be included in all of Contractor’s indemnification and defense obligations under the Contract. City’s safety consultant, if any, shall be an additional insured on Contractor-furnished insurance (except for workers’ compensation insurance and professional liability insurance), and shall be included in Contractor’s obligation to have Contractor’s insurance carrier waive its rights of subrogation against City’s safety consultant, and other entities indicated in the Supplementary Conditions to be covered by such waiver of subrogation rights obligation.

3. During the Work, Contractor shall institute controls and procedures for the control and safety of persons visiting the Site.

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Beltz 10 Pilot Test Site Preparation 00 72 13- 41 General Conditions

4. Contractor shall maintain an accurate record of, and shall report to, the Director in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract.

5. Compliance with the provisions of this Article by Subcontractors will be the responsibility of Contractor.

6. No direct payment will be made by reason of the provisions of this Article and all costs in connection therewith shall be included in the Contract Price paid for various items of the Work.

C. Safety Representative

1. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs.

D. Interference with Fire Hydrants, Highways, and Fences

1. Contractor shall conduct its construction operations to not close or obstruct highways, roads, or streets, or prevent in any way free access to fire hydrants until Contractor has obtained permits therefor from the proper authorities. If a highway required to be kept open is rendered unsafe by Contractor’s operation, Contractor shall promptly make such repairs or provide such temporary guards as shall be acceptable to the authorities having jurisdiction and to the Director. Highway or street maintenance or repair work required by local authorities in connection with operations under the Contract shall be performed by Contractor within the Contract Price. Fences subject to interference shall be maintained as effective barriers consistent with the original intent, but upon approval of the Director, they may be moved or rearranged to facilitate prosecution of the Work until the Work is substantially complete, after which fences and barriers shall be restored to their in accordance with the Contract Documents; if not addressed in the Contract Documents, restore to original or better condition.

E. Preservation of Property

1. Due care shall be exercised to avoid damaging existing structures and improvements, utility facilities, and adjacent property. The fact that any Underground Facility is not shown on the Drawings does not relieve Contractor of responsibility for ascertaining the existence of any underground improvements or facilities which may be subject to damage by reason of the Contractor’s operations.

F. Contractor’s Responsibility for Protection

1. Until the Final Completion, Contractor shall be responsible for protecting the Work and shall bear the risk of injury, loss, or damage, to any part thereof by the action of the elements or from any other cause, whether arising from execution or from nonexecution of the Work. Materials and equipment to be incorporated into the Work include both those furnished by City and those furnished by Contractor, including materials and equipment for which Contractor has received partial payment as provided in the Contract Documents.

G. Responsibility for Damages; Indemnification

1. City (including City Council) and its officers, employees, agents, and volunteers, and Construction Manager, and Engineer, and their respective officers, employees,

18.75 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 42 General Conditions subcontractors, and consultants shall not be answerable or accountable in any manner, for loss or damage that may occur to the Work, or for construction equipment, machinery, or tools, or temporary facilities used in performing the Work, or for injury to any person or persons, either workers or the public; for damage to property from any cause which might have been prevented by Contractor or any person or entity for whom Contractor is responsible, against all of which injuries or damages to persons and property Contractor having control over such work must properly guard.
a. Contractor is responsible for damage to person and property resulting from defective Work and from any cause whatsoever during the progress of Work until Substantial Completion (unless indicated otherwise in the certificate of Substantial Completion) and at any time thereafter when the Contractor is onsite to complete remaining Work or perform Contractor’s obligations under the correction period or warranty obligations. Any Work that becomes damaged due to Contractor’s failure to protect the Work prior to final completion and notice of acceptance shall be replaced or repaired to City’s satisfaction by Contractor at no additional cost to the City.

H. Compliance with Safety Programs

1. Contractor shall comply with the applicable requirements of City’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions, Technical Specifications, or Exhibits.

2. Contractor shall inform City and City’s Consultants of the specific requirements of Contractor’s safety program with which employees and representatives of City and City’s Consultants must comply while at the Site.

7.14 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.15 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Construction Manager prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. Construction Manager shall promptly advise Engineer of the matter and, if Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued.

7.16 Submittals
A. Shop Drawing and Sample Requirements

1. Before submitting a Shop Drawing or Sample, Contractor shall:
a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

18.76 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 43 General Conditions b. determine and verify:
1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal;
2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto;
c. confirm that the Submittal is complete with respect to all related data included in the Submittal.

2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that Submittal, and that Contractor approves the Submittal.

3. With each Shop Drawing or Sample, Contractor shall give Construction Manager and Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself.

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Construction Manager and Engineer for review and approval by Engineer in accordance with the accepted Schedule of Submittals.

1. Shop Drawings
a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C.

2. Samples
a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer and Construction Manager may require to enable Engineer and Construction Manager to review the Submittal for the limited purposes required by Paragraph 7.16.C.

3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Engineer’s Review of Shop Drawings and Samples

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Beltz 10 Pilot Test Site Preparation 00 72 13- 44 General Conditions

1. Engineer, potentially with comments from Construction Manager (regarding Samples), will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto.

3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Construction Manager and Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification.

5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs

7.16.A and B.

6. Engineer’s or review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, and Engineer’s or Construction Manager’s review and acceptance of any other Submittal that indicates a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7. Neither Construction Manager’s nor Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document.

8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4.

D. Resubmittal Procedures for Shop Drawings and Samples

1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals.

2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer and Construction Manager will record their respective times for accepting, reviewing, and processing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer’s and Construction Manager’s charges to City for such time. City may

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Beltz 10 Pilot Test Site Preparation 00 72 13- 45 General Conditions impose a set-off against payments due Contractor to secure reimbursement for such charges.

3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer’s and Construction Manager’s charges to City for their acceptance, review, and processing time, and City may impose a setoff against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.

E. Submittals Other than Shop Drawings, Samples, and City-Delegated Designs

1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and City-delegated designs:
a. Contractor shall submit all such Submittals to the Construction Manager and Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. Engineer will review and take appropriate action on Submittals pertaining to the design of the Project, required quality of the Work, and similar matters of engineering or technical nature.

Construction Manager will review and take appropriate action no administrative Submittals that do not pertain to the design or to engineering or similar technical matters. Only one entity will be furnish response to a given Submittal. b. Construction Manager and Engineer, as applicable, will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted.
c. Engineer’s or Construction Manager’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal.
d. If any such Submittal is not accepted, Contractor shall confer with Construction Manager or Engineer (as applicable) regarding the reason for the non-acceptance, and resubmit an acceptable document.

2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and

2.05 of these General Conditions.

F. City-delegated Designs: Submittals pursuant to City-delegated designs are governed by the provisions of Paragraph 7.19 of these General Conditions.

7.17 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that:

1. all materials and equipment used in or incorporated into the Work shall be new unless otherwise specified in the Contract Documents, of good quality, and free of liens, claims, and security interests of third parties; and

2. all Work will be of good quality and free from defects; and that the Work will conform with and will be in accordance with the Contract Documents. City, Construction Manager, and Engineer are entitled to rely on Contractor’s warranty and guarantee. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

18.79 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 46 General Conditions B. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City shall be entitled to rely on Contractor’s warranty and guarantee. Neither the Notice of Completion nor the final payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty material or quality of Work.

C. Disclaimers and Limitations: Manufacturer’s disclaimers and limitations on product warranties do not relieve Contractor of warranty on Work that incorporates products.

Manufacturer’s disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with Contractor.

D. City’s rights under this warranty and guarantee are in addition to, and are not limited by, City’s rights under the correction period provisions of Paragraph 15.08. The time in which City may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights.

E. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

F. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of City’s warranty and guarantee rights under this Paragraph 7.17:

1. Observations by Construction Manager or Engineer;

2. Recommendation by Construction Manager or payment by City of any progress or final payment;

3. The issuance of a certificate of Substantial Completion by Construction Manager or Engineer or any payment related thereto by City;

4. Use or occupancy of the Work or any part thereof by City;

5. Any review and approval of a Shop Drawing or Sample submittal;

6. The end of the correction period established in Paragraph 15.08;

7. Any inspection, test, or approval by others; or

8. Any correction of defective Work by City.

G. If the Contract requires Contractor to accept the assignment of a contract entered into by City, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor’s performance obligations to City for the Work described in the assigned contract.

7.18 Indemnification
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, Project Manager, Construction Manager, Engineer, and their respective officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands,

18.80 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 47 General Conditions liabilities, losses, damages, expenses, including attorneys' fees and costs of litigation(collectively, “Loss(es)”), 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 on the Project by Contractor, Subcontractors, Suppliers, and their respective employees, agents, or other third parties directly or indirectly employed by or under Contractor’s, Subcontractors’, or Suppliers’ authority or control.

B. In addition, Contractor shall defend, indemnify, and hold harmless the Indemnitees for any Losses related to the Work asserted by any Subcontractor, Supplier, or other third party against the Indemnitees arising out of any alleged act or omission of Contractor or any other Subcontractor, Supplier, or anyone directly or indirectly employed by Contractor, Subcontractor, or Supplier.

C. When state or federal funds are involved in the Project’s funding or financing, Contractor shall defend, indemnify, and hold harmless the state and/or federal government agency or agencies and their respective officials, officers, directors, employees and agents. Such parties shall also be included as “Indemnitees” for purposes of the indemnification clause in 7.18A.

D. This provision shall not be deemed to require the Contractor to indemnify or hold harmless an Indemnitee for any Loss: 1) 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; 2) in the event that the City is required to indemnify and hold harmless the Contractor for Hazardous Materials pursuant to Paragraph 5.06(I) of these General Conditions.

E. Contractor acknowledges and agrees that Contractor’s obligation to defend the City and the other Indemnitees arises at the time such Loss is tendered to Contractor by the Indemnitee and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction.

F. This provision shall survive the termination of the Agreement or the completion of the Work.

7.19 Delegation of Professional Design Services
A. City may only require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the City-delegated design.

B. Contractor shall cause such City-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations.

C. If a Shop Drawing or other Submittal related to the City-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer.

D. City, Construction Manager, and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under a City18.81 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 48 General Conditions delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents.

E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to a City-delegated design will be only for the following limited purposes:

1. Checking for conformance with the requirements of this Paragraph 7.19;

2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and

3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents.

F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by City or Engineer.

G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations.

ARTICLE 8— OTHER WORK AT THE SITE

8.01 Other Work
A. In addition to and apart from the Work under the Contract Documents, the City may perform other work at or adjacent to the Site. Such other work may be performed by City’s employees, or through contracts between the City and third parties. City may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If City performs other work at or adjacent to the Site with City’s employees, or through contracts for such other work, then City shall give Contractor written notice thereof prior to starting any such other work. If City has advance information regarding the start of any third-party utility work that City has arranged to take place at or adjacent to the Site, City shall provide such information to Contractor.

C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and City, if City is performing other work with City’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work.

D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Construction Manager and the others whose work will be affected.

E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Construction Manager in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such

18.82 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 49 General Conditions other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with City, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.

8.02 Coordination
A. Coordination Among City’s Separate Contractors

1. Should construction by City’s forces, City’s other contractors, or third parties within or adjacent to the Site be underway concurrent with the Work, Contractor shall cooperate with all such other contractors and others to the end that unnecessary delay or hindrance to their work will be avoided.

2. When two or more contractors are working in adjacent areas or in proximity to each other, each shall conduct its operations in such a manner to avoid any unnecessary delay or hindrance to the other.

3. Each contractor is responsible to the other for all damage to work, to person or property caused to the other by its operations, and for loss caused the other due to its unnecessary delays or failure to finish the work within the time specified for completion in its associated contract with its employer.

B. Where the Work involves removing, relocating, or establishing new utility service, and such Work is shown or indicated in the Contract Documents, Contractor is responsible for coordinating the associated utility owners.

8.03 Legal Relationships
A. If, in the course of performing other work for City at or adjacent to the Site, the City’s employees, any other contractor working for City, or any utility owner that City has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times.

Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and

4.05.E.

B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of City, any other contractor, or any utility owner performing other work at or adjacent to the Site.

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Beltz 10 Pilot Test Site Preparation 00 72 13- 50 General Conditions

1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then City may impose a set-off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B of this article.

2. When City is performing other work at or adjacent to the Site with City’s employees, Contractor shall be liable to City for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by City as a result of Contractor’s failure to take reasonable and customary measures with respect to City’s other work. In response to such damage, delay, disruption, or interference, City may impose a set-off against payments due Contractor.

C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, City, Construction Manager, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless City, Construction Manager, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.

ARTICLE 9— CITY’S RESPONSIBILITIES

9.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, City and Program Manager shall issue all communications to Contractor through Construction Manager.

9.02 Replacement of City’s Consultants
A. City may at its discretion appoint an engineer or other consultant to replace Program Manager, Construction Manager, or Engineer, provided Contractor makes no reasonable objection to the replacement engineer or consultant. The replacement engineer’s or consultant’s status under the Contract Documents will be that of the former Program Manager, Construction Manager, or Engineer, as applicable. Furnish Data

9.03 Furnish Data
A. City shall promptly furnish data required of City in accordance with the Contract Documents.

9.04 Pay When Due
A. City shall make payments to Contractor when they are due as provided in the Agreement and within the times indicated in Paragraphs 15.01 and 15.06 of the General Conditions.

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Beltz 10 Pilot Test Site Preparation 00 72 13- 51 General Conditions

9.05 Lands and Easements; Reports, Tests, and Drawings
A. City’s duties with respect to providing lands and easements are set forth in Paragraph

5.01 of these General Conditions.

B. City’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03 of these General Conditions.

C. Article 5 of these General Conditions refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

9.06 Insurance
A. City’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in the Supplementary Conditions.

9.07 Change Orders
A. City’s responsibilities with respect to Change Orders are set forth in Article 11 of these General Conditions.

9.08 Inspections, Tests, and Approvals
A. City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B of these General Conditions.

9.09 Limitations on City’s Responsibilities
A. City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

9.10 Undisclosed Hazardous Environmental Condition
A. City’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06 of these General Conditions.

9.11 Evidence of Financial Arrangements
A. Upon request of Contractor, City will furnish Contractor reasonable evidence that financial arrangements have been made to satisfy City’s obligations under the Contract (including obligations under proposed changes in the Work).

9.12 Safety Programs
A. While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed.

B. City shall furnish copies of any applicable City’s safety programs to Contractor.

18.85 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 52 General Conditions ARTICLE 10— CITY’S CONSULTANTS DURING CONSTRUCTION

10.01 City’s Representatives
A. Program Manager, Construction Manager, and/or Engineer, as may be designated in the Agreement, will be City’s representative during the construction period. the duties and responsibilities and the limitations of authority of Program Manager, Construction Manager, and Engineer as City’s representative during construction are set forth in this Article.

10.02 Program Manager
A. Program Manager’s Role

1. Program Manager’s role is to assist City in fulfilling City’s responsibilities under the Contract.

2. Program Manager will visit the Site (in accordance with Paragraph 10.02.B of these General Conditions), attend meetings with or on behalf of City, and assist City in coordinating the services rendered by Construction Manager and Engineer.

3. Program Manager does not serve in any capacity as a design professional for the Project.

4. Although Program Manager is City’s representative, Program Manager is not authorized to authorize changes in the Contract Documents on behalf of City, nor may Program Manager assume any responsibilities of City relative to authorizing changes in Contract Price, Contract Times, or authorizing use of Allowances (if any) in the Contract.

5. In fulfilling its responsibilities for the Project, Program Manager is not obligated to act without partiality.

6. Program Manager will not share, whether in whole or in part, any responsibilities of Construction Manager or Engineer.

B. Visits to Site

1. Program Manager will make visits to the Site at intervals appropriate to the various stages of construction as Program Manager or City deem necessary to observe, as an experienced and qualified professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Program Manager, for the benefit of City, will, consider information furnished by Contractor, Construction Manager, and Engineer, keep City informed as to the progress and apparent quality of the Work.

Program Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work.

2. Program Manager’s visits and observations are subject to all the limitations on City’s consultants’ authority and responsibility set forth in Paragraph 10.05 of these General Conditions., particularly Paragraph 10.05.A.

10.03 Construction Manager
A. Visits to Site

1. Construction Manager will make visits to the Site at intervals appropriate to the various stages of construction as Construction Manager deems necessary in order to observe, as an experienced and qualified construction management professional, the

18.86 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 53 General Conditions progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Construction Manager, for the benefit of City, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Construction Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Construction Manager’s efforts will be directed toward providing for City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Construction Manager will keep City informed of the progress of the Work and will endeavor to guard City against defective Work.

2. Construction Manager’s visits and observations are subject to all the limitations on City’s consultants’ authority and responsibility set forth in Paragraph 10.05 of these General Conditions., particularly Paragraph 10.05.A.

B. Construction Manager Activities

1. Construction Manager will:
a. Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof.
b. Comply with Site safety programs, as they apply to the Construction Manager, and if required to do so by such safety programs, receive safety training specifically related to Construction Manager’s own personal safety while at the Site.
c. Act as a Liaison
1) Serve as City’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. 2) Serve as City’s liaison with Contractor when Contractor’s operations affect City’s onsite operations.
3) Assist in obtaining from City additional details or information, when required for Contractor’s proper execution of the Work.
d. Review Work; Identify Defective Work
1) Conduct onsite observations of the Work , to the extent set forth in Paragraph

10.03.A, to determine if the Work is proceeding in accordance with the Contract Documents.
2) Observe whether any Work in place appears to be defective. 3) Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval.
e. Conduct Inspections and Tests
1) Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work.

18.87 Aquifer Storage and Recovery
Beltz 10 Pilot Test Site Preparation 00 72 13- 54 General Conditions 2) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work.
f. Review Applications for Payment with Contractor
g. Assist with Project Completion
1) Participate in Construction Manager’s and Engineer’s visits regarding Substantial Completion.
2) Assist in the preparation of a punch list of items to be completed or corrected.
3) Participate in Construction Manager’s and Engineer’s visit to the Site in the company of City, and Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor.
4) Observe whether items on the final punch list have been completed or corrected.

2. Construction Manager will not:
a. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).
b. Exceed limitations of Construction Manager’s authority as set forth in the Contract Documents.
c. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. d. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. e. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.
f. Participate in specialized field or laboratory tests or inspections conducted offsite by others except as specifically authorized by City. g. Authorize City to occupy the Project in whole or in part.

C. Construction Manager’s Authority

1. Construction Manager will serve as City’s principal communications conduit with Contractor, except as otherwise provided by the Contract Documents.

2. Construction Manager has the authority to reject Work in accordance with Article 14 of these General Conditions.

3. Construction Manager’s authority as to Submittals is set forth in Paragraph 7.16 of these General Conditions.

4. Construction Manager’s authority as to changes in the Work is set forth in Article 11 of these General Conditions.

5. Construction Manager’s authority as to Applications for Payment is set forth in Article 15 of these General Conditions.

6. It will be the Construction Manager’s duty to inspect materials and workmanship from the drawings, specifications, and other contract provision which may come to

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Beltz 10 Pilot Test Site Preparation 00 72 13- 55 General Conditions the Construction Manager’s notice. Such inspection is for the sole benefit of the City and shall not act as a waiver of defects in the work. The Construction Manager shall decide all questions which may arise as to the quality or acceptability of material furnished and work performed as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the drawings and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to compensation. The Construction Manager’s decision shall be final and the Construction Manager shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly. The Construction Manager shall have the right to order the work stopped, if in the Construction Manager’s opinion such action becomes necessary, until the Construction Manager has determined and ordered that the work may proceed in due fulfillment of all contract requirements.

D. Determinations for Unit Price Work

1. Construction Manager will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03 of these General Conditions.

E. Decisions on Requirements of Contract Documents and Acceptability of Work

1. Construction Manager will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Construction Manager will not show partiality to City or Contractor, and will not be liable to City, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.04 Engineer
A. Visits to Site

1. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of City, will determine, in general, if the Work is proceeding in accordance with the Contract Documents.

Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep City informed of the progress of the Work and will endeavor to guard City against defective Work.

2. Engineer’s visits and observations are subject to all the limitations on City’s consultants’ authority and responsibility set forth in Paragraph 10.05 of these General Conditions., particularly Paragraph 10.05.A.

B. Engineer’s Authority

1. Engineer has the authority to reject Work in accordance with Article 14 of these General Conditions.

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2. Engineer’s authority as to Submittals is set forth in Paragraph 7.16 of these General Conditions.

3. Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to City’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19 of these General Conditions.

4. Engineer’s authority as to changes in the Work is set forth in Article 11 of these General Conditions.

C. Decisions on Requirements of Contract Documents and Acceptability of Work

1. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to City or Contractor, and will not be liable to City, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.05 Limitations on City’s Consultants’ Authority
A. Particularly, but without limitation, during or as a result of Program Manager’s, Construction Manager’s and/or Engineer’s visits or observations of Contractor’s Work, Program Manager, Construction Manager, and Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations or Contract Documents applicable to the performance of the Work.

B. Neither Program Manager’s, Construction Manager’s, nor Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Program Manager, Construction Manager, or Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Program Manager, Construction Manager, and Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Program Manager, Construction Manager, or Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

C. Program Manager, Construction Manager, and Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Program Manager, Construction Manager, and Engineer, whether individually or collectively, will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

D. Program Manager, Construction Manager, and Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

E. Construction Manager’s (and Engineer’s, if applicable) review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals,

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Beltz 10 Pilot Test Site Preparation 00 72 13- 57 General Conditions and other documentation required to be delivered by Contractor under Paragraph 15.06 of these General Conditions, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

F. The limitations upon authority and responsibility set forth in this Paragraph 10.05 also apply to the Construction Manager.

10.06 Compliance with Safety Program
A. While at the Site, City’s Consultants will comply with the specific applicable requirements of City’s and Contractor’s safety programs of which City’s Consultants have been informed.

ARTICLE 11— CHANGES TO THE CONTRACT

11.01 Amending and Supplementing the Contract
A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order.

Change Order will not be issued for a Work Change Directive unless City concurs with Contractor that such Work Change Directive has an associated change in the Contract Price or Contract Times.

C. Changes will be set forth in written Contract modifications duly issued. Each will indicate the changes to be made in the Work, the reasons therefor, and (for Change Orders) the changes in Contract Price and Contract Times.

D. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. City and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer.

11.02 Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:

1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in Contract Price resulting from a City set-off, unless Contractor has duly contested such set-off;

3. Changes in the Work which are: (a) ordered by City pursuant to Paragraph 11.05, (b) required because of City’s acceptance of defective Work under Paragraph 14.04 or City’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and

4. Changes that embody the substance of any final and binding results under: Paragraph

11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09,

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Beltz 10 Pilot Test Site Preparation 00 72 13- 58 General Conditions concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from Allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions.

B. If Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed.

1. The Contractor shall promptly proceed with the Change Order involved and concurrently respond to the City within ten (10) calendar days with any one of the following:
a. Return Change Order signed, thereby accepting City's response, time, and cost. b. Submit a (revised if applicable) Cost Proposal with supporting documentation (if applicable, reference original Cost Proposal number followed by letter A, B, etc. for each revision).
c. Give notice of intent to submit a Claim.

C. To the total of the actual costs and fees allowed herein for both Added and Deleted work, not more than two and one half percent (2.5%) shall be added for additional bond and builder’s risk insurance. The compensable percentage for additional bonds and insurance shall be based on the Contractor's actual costs, as substantiated through documentation submitted to the Construction Manager.

11.03 Work Change Directives
A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price.

B. If City has issued a Work Change Directive and:

1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive.

2. City believes that an adjustment in Contract Times or Contract Price is necessary, then City shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive.

11.04 Field Orders
A. Construction Manager may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on City and also on Contractor, which shall perform the Work involved promptly.

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Beltz 10 Pilot Test Site Preparation 00 72 13- 59 General Conditions If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.05 City-Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety or insurance carrier, City may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation.

B. Such changes in the Work may be accomplished by a Change Order, if City and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work.

Added or revised Work must be performed under the applicable conditions of the Contract Documents.

C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.06 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2.

11.07 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09.

Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:

1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03);

2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or

3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph

11.07.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be determined as follows:

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1. A mutually acceptable fixed fee; or

2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:
a. For costs incurred under Paragraphs 13.01.B.1 (labor) and 13.01.B.2 (materials), the Contractor’s fee will be 15 percent;
b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be five percent;
c. Where one or more tiers of Subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by City will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4,

13.01.B.5, and 13.01.C;
e. The amount of credit to be allowed by Contractor to City for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to five percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive.

11.08 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph

11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12.

B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05.

11.09 Change Proposals
A. Purpose and Content: Contractor shall submit a Change Proposal to Construction Manager, unless further defined in the Supplementary Conditions, to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against

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Beltz 10 Pilot Test Site Preparation 00 72 13- 61 General Conditions payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues.

B. Change Proposal Procedures

1. Submittal: Contractor shall submit each Change Proposal to Construction Manager within 30 days after the start of the event giving rise thereto, or after such initial decision.

2. Supporting Data: Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Construction Manager and City within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. Include with Change Proposal sufficient documentation supporting the time extension(s) sought.
b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials and equipment incorporated into the Work and labor and construction equipment used for the subject Work, together with detailed indication of other proposed costs and indication of Contractor’s proposed fee for overhead and profit on such costs. Include detailed cost breakdown for Work to be performed by Subcontractors. Include documentation substantiating the cost of proposed materials and equipment to be incorporated into the Work.

The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event.

3. Construction Manager’s Initial Review: Construction Manager will advise City regarding the Change Proposal, and consider any comments or response from City and Engineer regarding the Change Proposal. If in its discretion Construction Manager concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Construction Manager may request that Contractor submit such additional supporting data by a date specified by Construction Manager, prior to Construction Manager beginning its full review of the Change Proposal.

4. Construction Manager Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Construction Manager), Construction Manager will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to City, Engineer, and Contractor. If Construction Manager does not take action on the Change Proposal within 30 days, then either City or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Construction Manager’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

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5. Binding Decision: Construction Manager’s decision is final and binding upon City and Contractor, unless City or Contractor appeals the decision by filing a Claim under Article 12.

C. Resolution of Certain Change Proposals:

1. If the Change Proposal involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Construction Manager will promptly furnish to Engineer copy of Change Proposal and all supporting documentation associated therewith and confer with Engineer on the Change Proposal. Construction Manager will consider Engineer’s recommendations in rendering Construction Manager’s decision on the Change Proposal.

2. If the Change Proposal involves matters related to insurance, bonds, legal matters, or other matters ordinarily outside the limits of Construction Manager’s experience and expertise, Construction Manager will so notify City, Engineer, and Contractor that Construction Manager is unable to reach a decision on the matters addressed in the Change Proposal. Such notice will be deemed to be a denial and Contractor’s recourse will be in accordance with Article 12.

D. Post-Completion: Contractor shall not submit any Change Proposals after Construction Manager issues a written recommendation of final payment pursuant to Paragraph

15.06.B.

11.10 Notification to Surety and Insurance Carrier
A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

B. Contractor shall also adjust the limits of coverage for builder’s risk insurance (or other property insurance furnished under the Contract) to provide builder’s risk coverage as required by Paragraph 6.04 (as amended by the Supplementary Conditions.

ARTICLE 12— INITIAL CLAIMS FOR CONTRACT DISPUTES

12.01 Claims Under the Public Contract Code
A. For purposes of this Article, “Claim” or “initial claim” means a separate demand by the Contractor for one of more of the following: (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City.

B. No Claims for extra work, materials, labor, equipment, or costs shall be considered or permitted if the Contractor fails to timely notify the City of the Claim and thereafter diligently pursue and exhaust all the administrative remedies and processes set forth in the Contract Documents. Contractor must exhaust all such processes in order to preserve and pursue any Claim, and failure to do so shall be deemed a waiver of the Claim.

12.02 Prerequisite to Legal Action

1. Prior to filing a dispute for final resolution under Article 17 of the General Conditions, Contractor must exhaust its administrative remedies by submitting

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Beltz 10 Pilot Test Site Preparation 00 72 13- 63 General Conditions through the Construction Manager an initial claim for review and decision by the Director as set forth in this Article 12, which is in accordance with California Public Contract Code Sections 9204 et seq., and 20104.2.

2. Director’s written decision will be the City's final decision on the initial claim, distinct from the City Council’s action on a claim filed under the Government Code.

Should Contractor seek to file legal action challenging the Director’s decision on the initial claim, Article 17 of the General Conditions will apply after compliance with the dispute resolution process set forth in this Article 12.

12.03 Claim Submittal
The following procedures apply to Claims between the Contractor and the City under this Article:

A. The Claim shall be in writing, sent by priority mail and registered mail, and include the documents necessary to substantiate the Claim. Claims must be filed within 30 calendar days of a written rejection of Contractor’s request for a Contract adjustment, or on or before the date of final payment, whichever is earlier. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of Claims.

B. The claimant shall submit in writing the basis for the Claim, reference the applicable provisions of the Contract Documents, the method of computation of the amount claimed and determination of the change in Contract Times (if any), basis for other relief sought (if any), and all other factual data pertaining thereto. It shall be the responsibility of the party filing the Claim to substantiate and support the Claim, including submittal of proper supporting documentation. Failure to submit such information and details within the time allowed in this paragraph for submitting the Claim’s supporting information will be sufficient cause for denying the Claim. Contractor hereby expressly waives all Claims not filed within these time limits.

C. Claims shall include the following certification, properly completed and executed by Contractor or an officer of Contractor:

I, __________________, BEING THE _________________ (MUST BE AN OFFICER) OF _____________________ (CONTRACTOR), DECLARE UNDER PENALTY OF

PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFYAND ATTEST THAT: I HAVE THOROUGHLY

REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION

AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED

ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND,FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ, PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND

UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM

MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES.

1. California Penal Code Section 72, provides that any person who presents for payment with intent to defraud any district board or officer, any false or fraudulent Claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000.00) and/or imprisonment in the state prison.

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2. The California False Claims Act (Government Code Sections 12650, et seq.) provides for recovery of civil penalties from persons (including corporations, etc.) who present a false Claim for payment or approval or presents a false record or statement to get a false Claim paid or approved to any officer or employee of any political subdivision of the State of California, and for certain other enumerated acts. Any person or corporation violating the provisions of Government Code Sections 12650, et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs.

3. Any Claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant provided by Contractor with the Claim. Contractor agrees that any costs or expenses incurred by the City in reviewing or auditing any Claims that are not supported by the Contractor’s cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act.

12.04 City’s Response
A. Upon receipt of a claim pursuant to this Article, the City shall conduct a reasonable review of the claim and provide a written response to the Contractor within 45 days of the date of the claim, identifying the portion of the claim that is disputed and the portion that is undisputed. Upon receipt of a claim, the City and the Contractor may, by mutual agreement, extend the time period provided in this section.

B. All amounts that the City identifies in its response as undisputed must be processed and paid within 60 days of the City’s response. Pursuant to Section 9204(d)(4), if the City fails to pay within 60 days, undisputed amounts not paid will bear interest at 7 percent per annum.

C. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 day or extension period to respond, the City shall have up to (3) three days following the next duly publicly noticed meeting of the City Council after the 45-day or extension period expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion, per section 9204(d)(1)(C).

Santa Cruz City CouncilOctober 13, 2026

Santa Cruz City Council
October 13, 2026