D. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
12.05 Meet and Confer
A. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for resolution of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
B. The Contractor shall cooperate and attend prepared to discuss its Claim, making available any personnel necessary for dispute resolution, and documents which may reasonably be requested by the City.
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12.06 Mediation
A. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to pay within 60 days, undisputed amounts not paid will bear interest at 7 percent per annum.
B. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation unless waived by both parties, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days or at a later time based on mutual agreement, after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim.
Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
C. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is complete.
D. If mediation is unsuccessful, the parts of the Claim remaining in dispute will be subject to final resolution of disputes as set forth in Article 17 of these General Conditions.
E. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
F. If mediation under this section does not resolve the parties’ dispute, this section does not preclude an arbitration of disputes under a private arbitration or the Public Works Contract Arbitration Program based on mutual agreement of the parties, in accordance with Article 17 of the General Conditions.
G. Contractor shall not halt the Work for any reason on account of any disagreement, claim, or other dispute resolution process. Nothing in this Article excuses Contractor from performing its duties required by the Contract Documents.
12.07 Claims for $375,000 or Less
A. Claims for $375,000 or less shall be resolved in accordance with California Public Contract Code Section 20104 et seq. by filing a court action after compliance with the Government Code claim process, wherein the court will order mediation of the dispute, unless the parties mutually agree to submit the dispute to binding arbitration under Article 17.
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Beltz 10 Pilot Test Site Preparation 00 72 13- 66 General Conditions ARTICLE 13— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
13.01 Cost of the Work or “Force Account Work”
A. Purposes for Determination of Cost of the Work: When Work is ordered to be performed for compensation on the basis of ‘Cost of the Work”, also known as “force account”, compensation shall be in accordance with this Paragraph 13.01. City reserves the right to furnish any material deemed expedient and Contractor shall have no claim for profit on the cost of such materials. This Paragraph 13.01 sets forth requirements for documenting for payment Work performed and compensated on the basis of Cost of the Work plus a fee. The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:
1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or
2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.
B. Costs Included: Except as otherwise may be agreed to in writing by City, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph
13.01.C, and will include only the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to City. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to City, and Contractor shall make provisions so that they may be obtained.
3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, which will then determine, with the advice of Construction Manager and, where applicable, Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a
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Beltz 10 Pilot Test Site Preparation 00 72 13- 67 General Conditions fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work.
5. Other costs consisting of the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less.
Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item.
c. Construction Equipment Rental
1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by City as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work.
a) Prior to commencing Work at the Site, submit to City, through Construction Manager, copies of the equipment rental agreements for City’s approval.
b) Should Contractor perform Work using rented construction equipment or machinery without City’s written approval of the associated rental agreement and the parties subsequently disagree on the applicable rental rates, use of such construction equipment and machinery will be compensated on the basis of the rental rate book indicated in Paragraph SC-13.01.B.5.c.(2).
c) When the rental rate book is used basis for determining compensation for construction equipment and machinery leased from a rental firm, the hourly rate for such equipment shall be determined in accordance with Paragraph 13.01.B.5.(2) of these General Conditions.
2) Costs for equipment and machinery owned by Contractor or a Contractorrelated entity will be paid at a rate shown for such equipment in the mostcurrent edition of California Department of Transportation (CalTrans) “Labor Surcharge and Equipment Rental Rates Manual (Cost of Equipment Ownership)”. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs.
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Beltz 10 Pilot Test Site Preparation 00 72 13- 68 General Conditions 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work.
4) Inactive Equipment and Machinery: Rental of construction equipment and machinery shall cease when the use thereof is no longer necessary for the Work. Periods of inactivity for such construction equipment or machinery will not be compensable unless agreed upon in writing by Owner, unless the costs of disassembly, removal, transportation, reassembly, and remobilization, as submitted to and accepted by City (with advice of Construction Manager) would exceed the cost of continuing to rent the item(s) during the period(s) of inactivity. Contractor is responsible for obtaining City’s written approval for compensation for construction equipment and machinery for periods of inactivity. City is not responsible for retroactively approving such inactivity. “Period of inactivity” for such items includes periods when the construction equipment or machinery is not used or necessary for the logical and efficient progression of the Work, or when other, available equipment or machinery is suitable for performing the given task.
5) Condition of Equipment and Machinery: Construction equipment and machinery will be compensable only for serviceable construction equipment and machinery capable of efficiently performing its intended function at the Site. Construction equipment and machinery not in compliance with this Paragraph 13.01.B.5.c.5) is not eligible for compensation. 6) Capped Compensation: Compensation paid Contractor for a given item of Contractor-owned construction equipment or machinery will be capped at, and shall not exceed, the comparable purchase price of such item of equal or comparable capacity and capability.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builder’s risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee.
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Beltz 10 Pilot Test Site Preparation 00 72 13- 69 General Conditions g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.
C. Costs Excluded: The term Cost of the Work does not include any of the following items:
1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.
2. The cost of purchasing, renting, or furnishing small tools and hand tools.
3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. For purposes of this paragraph, “small tools and hand tools” means items in one or more of the following categories: (1) Items that are ordinarily required for the performing worker’s job function, including but not limited to equipment which ordinarily has no associated licensing, insurance, or substantive storage costs; such as hammers, wrenches, socket tools, manual saws, power saws, chainsaws, common power tools, impact drills, threaders, benders, transits and theodolites and related equipment, and other tools transportable by hand, regardless of ownership of such items; (2) Items such as gang-boxes, ladders, hand carts and similar wheeled items manually operated by workers, extension cords, and similar items; (3) common testing equipment such as insulation testers (megger-testing equipment), amp meters, gas detectors, pressure gauges, and similar items; (4) A purchase price (if purchased new, at retail) of $500, although such limit is not absolute, and certain items may be deemed by City or Construction Manager as “small tools or hand tools” (and not eligible for compensation) even though such item may have a purchase price greater than the amount indicated in this Paragraph 13.01.C.2
3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.
4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.
5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.
6. Expenses incurred in preparing and advancing Claims.
7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.
D. Contractor’s Fee
1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then:
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Beltz 10 Pilot Test Site Preparation 00 72 13- 70 General Conditions a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. For any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows:
1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2.
2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph
11.07.C.2.
E. Documentation and Audit:
1. Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices.
2. Contractor shall furnish Construction Manager with daily report sheets indicating and documenting the Cost of the Work, whether furnished by the Contractor, Subcontractor, Suppliers, or others and said report sheets shall be signed by Contractor. Daily report sheets shall provide names or identifications and classifications of workers, and hours worked; size, type and identification number of construction equipment and machinery, and hours operated. Cost of material and equipment incorporated into the Work shall be substantiated by valid copies of Supplier’s invoices.
3. Construction Manager will make any necessary adjustments and compile the costs of Cost of the Work on daily report forms furnished by City. When these reports are agreed upon and signed by Contractor and Construction Manager, they shall become the basis of payment for the associated work performed, subject to issuance of a corresponding Change Order.
4. City and Construction Manager may subsequently revise the daily reports based on subsequent audit(s).
5. Within 30 days of the Effective Date of the Contract, and as later requested by the Construction Manager, Contractor shall submit to Construction Manager:
a. Certificate, signed and notarized by an authorized officer Rental of Contractor’s organization, indicating labor compensation rates
b. Rental agreements for proposed construction equipment and machinery, and listing of construction equipment and machinery owned by Contractor or Subcontractor performing Work. Such lists and rental agreements shall indicate the item’s general (generic) description, manufacturer, model number, year of manufacture, and brief summary of intended use in the Work.
6. Subject to prior written notice, City will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to
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Beltz 10 Pilot Test Site Preparation 00 72 13- 71 General Conditions the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of time set forth in Article 19 of these General Conditions.
Pertinent Subcontractors will afford such access to City, and preserve such documents, to the same extent required of Contractor.
13.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City and Engineer.
B. Allowances: Contractor agrees that:
1. the allowance(s), if any, include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and
2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid.
C. City’s Contingency Allowance: Contractor agrees that the City’s contingency allowance is for the sole use of City to cover unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by Construction Manager to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted.
13.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Agreement (or exhibit thereto, as applicable).
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Payments to Contractor for Unit Price Work will be based on actual quantities.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.
D. Construction Manager will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Construction Manager will review with Contractor the Construction Manager’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Construction Manager’s written decision thereon will be final and binding (except as modified by Construction Manager to reflect changed factual conditions or more-accurate data) upon City and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of associated Supplementary Conditions, if any.
E. Adjustments in Unit Price
1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if:
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Beltz 10 Pilot Test Site Preparation 00 72 13- 72 General Conditions a. the quantity of the item of the Unit Price work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement and
b. Contractor’s unit costs to perform the item of the Unit Price Work have changed materially and significantly as a result of the quantity change.
2. The Adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor.
3. Adjusted unit prices will apply to all units of that item.
ARTICLE 14— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
14.01 Quality Control
A. Contractor shall designate a Quality Control Manager. The Quality Control Manager shall be a full-time employee of the Contractor and skilled at the type of construction engaged in on this project. The Quality Control Manager shall have the authority to direct Subcontractors and Contractor staff. The Quality Control Manager shall certify on behalf of the contractor that all work is complete, and meets all contract requirements and shall coordinate any quality related inspection and testing that may be performed prior to requesting inspection by the City or its agents.
B. Contractor shall provide inspection and testing of installed materials and systems by a third party not directly under the supervision of the Contractor. The results of inspections and testing shall be documented and transmitted to the Construction Manager prior to covering or finalizing the inspected or tested works.
14.02 Access to Work
A. City, Program Manager, Construction Manager, Engineer, their consultants and other representatives and personnel of City, independent testing laboratories, and authorities having jurisdiction shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs.
B. When state or federal funds are involved in the Project’s funding or financing, the state or federal government shall have the same rights of access and examination as the City under this provision.
14.03 Tests, Inspections, and Approvals
A. Tests of Materials and Equipment
1. Unless otherwise specified elsewhere in the Contract Documents, all tests of materials and Work, for determining compliance with the Contract Documents, shall be performed in accordance with the methods in use by the laboratory of the State Department of Transportation or by nationally recognized testing organizations, at a laboratory approved by City.
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2. Refer to Paragraph 3.02 of these General Conditions for requirements on the applicability of reference standards, including test methods indicated in the Contract Documents.
3. Samples of all materials entering into the Work shall be submitted by Contractor, when requested by City or Construction Manager.
4. Materials may be tested at any time during progress of the work.
5. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required by the Contract Documents, unless otherwise specified.
B. Inspection of Materials and Equipment at Place of Manufacture or Supply
1. Materials and equipment that become part of the Work are subject to inspection at the place of production or manufacture, at the shipping point, or at the Site. Materials and equipment requiring inspection at the place of production or manufacture will be designated by City through the Construction Manager. Where production facility inspection is so designated, City or its consultant(s) shall be given 14 days advance notice of the start of manufacture or production. Contractor’s purchase orders for materials and equipment for which production facility inspection has been designated by the City or its consultant(s) shall bear a suitable notation advising Suppliers and Subcontractors of inspection requirements.
2. City or an authorized representative such as Engineer, Construction Manager, or Program Manager, shall have free entry at all times (during normal working hours) to such parts of the production facility as concerns the manufacture or production of materials and equipment for the Work. Adequate facilities shall be furnished free of charge to make the necessary inspection.
3. City assumes no obligation to inspect material or equipment at the place of manufacture or production, or at the shipping point.
14.04 Defective Work
A. Work which has been rejected for any defect shall be corrected, removed, and replaced by Contractor within a time period to satisfy the Work schedule, and/or within such period to the extent required by any specific warranty included in the Contract Documents, so that such Work complies with the standards and specifications of the Contract Documents, at no additional cost to City. Defective Work is not eligible for payment.
B. Proposed remedies to correct defective Work are subject to approval by Engineer and/or City. Such approval or acceptance will not, however, impart on City, Project Manager, Construction Manager, or Engineer any responsibility for Contractor’s means, methods, techniques, sequences, or procedures of construction, whether relative to the remedy or otherwise, or to safety programs and procedures incident thereto.
14.05 Acceptance of Defective Work
A. If a portion of the Work is defective, and if the defect is not be of sufficient magnitude or importance to make the Work unfit for its intended use, dangerous, or undesirable, City may elect to accept the defective Work, subject to an appropriate reduction in the Contract Price via Change Order or a reasonable set-off against payments due if the defective Work is accepted prior to the Final Payment. If the defective Work is accepted after the Final Payment, Contractor shall pay an appropriate amount in damages to the City taking into account any diminished value of the Work.
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14.06 Uncovering Work
A. Construction Manager and Engineer (the latter communicating through Construction Manager) have the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.
B. If any Work is covered contrary to the written request of Construction Manager or Engineer, then Contractor shall, if requested by Construction Manager or Engineer (communicating through Construction Manager), uncover such Work for Construction manager’s or Engineer’s observation, and then replace the covering, all at Contractor’s expense.
C. If Construction Manager or Engineer (communicating through Construction Manager) considers it necessary or advisable that covered Work be observed by Construction Manager or Engineer or inspected or tested by others, then Contractor, at Construction Manager’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Construction Manager or Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the City shall be entitled to impose a reasonable set-off against payments due under Article 15 of these General Conditions.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.
14.07 City May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work will not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them..
B. Contractor shall immediately comply with the written order of City to stop the Work wholly or in part.
C. Work stopped wholly or in part shall be resumed promptly on written order of City when conditions are favorable and methods corrected.
14.08 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Construction Manager to correct defective Work, or to remove and replace defective Work as required
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Beltz 10 Pilot Test Site Preparation 00 72 13- 75 General Conditions by Construction Manager or Engineer, then City may, after seven days’ written notice to Contractor, correct or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 14.07, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents and employees, City’s other contractors, Program Manager, Construction Manager, and Engineer and their respective consultants’ access to the Site to enable City to exercise the rights and remedies under this Paragraph 14.07.
C. All claims, costs, losses, and damages incurred or sustained by City in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as setoffs against payments due under Article 15 of these General Conditions. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by City of City’s rights and remedies under this Paragraph 14.07.
ARTICLE 15— PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION;
CORRECTION PERIOD
15.01 Progress Payments
A. Work to be Performed Without Direct Payment
1. Where the Contract Documents require that Contractor perform Work for which no separate price is established in the Contract, such Work shall be performed by Contractor under an appropriate bid/pay item in the Contract, without separate or additional compensation or any change in the Contract Times
2. Work compensated on a lump sum basis shall result in associated Work completed in accordance with the Contract Documents for a complete, operable system. No additional compensation will be paid for materials, equipment, or other Work not expressly required by the Contract Documents but fairly implied or obviously necessary for the completed Work as a functioning system.
B. Applications for Progress Payments
1. At monthly intervals (dates established by City), Contractor will prepare and submit Application for Payment indicating the Work completed, in accordance with the Contract Documents, since the prior Application for Payment. City will pay amounts due, subject to amounts City is contractually entitled to withhold or retain, in accordance with the Contract Documents.
2. Payment for Stored Materials and Equipment
a. Application for Payment may include fabricated and manufactured materials and equipment delivered to the Site or other location acceptable to City, and not yet installed, when such storage is at a location acceptable to City, Construction Manager, and Engineer. Payments for stored materials and equipment shall be
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Beltz 10 Pilot Test Site Preparation 00 72 13- 76 General Conditions based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit to Contractor. The Contractor may request payment of up to eighty percent (80%) of the actual net cost of this material and equipment. Materials, as used herein, shall be considered to be those items which are fabricated and manufactured material and equipment. Only those materials for which the Contractor can transfer clear title to the City will be qualified for partial payment. The Contractor may request payment of up to seventy-five (75) percent of the actual net cost of these materials. The items shall be suitably stored in accordance with the Contract Documents and the written recommendations for long-term storage by the manufacturer of such item. b. Perform the following to be eligible for payment for stored items: (1) store the items in accordance with the Contract Documents and manufacturer’s written instructions; (2) ensure that packaging is intact and suitable; (3) Construction Manager shall visit the storage location and observe the conditions of storage, quality of packaging of the items, and apparent quantity and quality of the items; (4) post durable, permanent signage on the stored items indicating they are the property of City; (5) submit to Construction Manager dated photographs of the stored items; and (6) submit to Construction Manager documentation required by the Contract Documents.
c. When applying for payment for materials or equipment not yet installed but suitably stored, Application for Payment shall also include or indicate the following: (1) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation establishing full payment by Contractor for the materials and equipment; (2) at City’s or Construction Manager’s request, documentation warranting that City has received the materials and equipment free and clear of all Liens; (3) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect City’s interest therein; and (4) other documentation required by the Contract Documents, all of which must be satisfactory to City. d. Payment will not be made for any materials or equipment unless each individual piece of the material or equipment becomes a permanent part of the Work or the material or equipment is required by the Contract Documents and is specifically manufactured for the Project and could not be readily utilized or diverted to another job.
3. Each Application for Payment shall include a summary of progress to date as indicated on a Schedule of Values (as accepted by Construction Manager) indicating progress since the prior Application for Payment, report, percent complete, percent invoiced, and percent schedule elapsed, and other documentation as required by the Contract Documents.
4. Starting with the second Application for Payment, each Application for Payment shall include an affirmative, sworn certification by Contractor that all prior progress payments by City have been applied by Contractor to satisfy indebtedness and claims by Subcontractors, Suppliers, and others to whom Contractor is indebted for the Work. Contractor shall promptly discharge and cause to be released any Lien filed in connection with the Work at no cost to City.
5. The basis for partial payments of lump sum Work or Unit Price Work will be determined by agreement between City and Construction Manager and Contractor.
Payment will not be made for defective Work and any work not in accordance with
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Beltz 10 Pilot Test Site Preparation 00 72 13- 77 General Conditions the Contract Documents. City is not obligated to pay for Work that, in the opinion of Construction Manager or Engineer, has not progressed to the point indicated in the Application for Payment submitted by Contractor. Except in the case of the final Application for Payment, Contractor should not submit an Application for Payment when the value of Work eligible for payment since the prior Application for Payment is less than $5,000.
6. Following City’s issuance of any progress payment, if subsequent investigation by City, Construction Manager, or Engineer, finds defective Work or that the value of Work eligible for payment was incorrectly estimated, or if the quantity of Unit Price Work paid was incorrect, or if the City is contractually entitled to a set-off, City or Construction Manager may reduce the amount eligible for payment of one or more subsequent Applications for Payment.
C. Procedure for Applying for Progress Payments:
1. Contractor shall prepare draft estimate of quantities and Work eligible for payment and review it at the Site with Construction Manager. City may attend and participate in such meetings or discussions. Contractor shall revise the quantities and Work eligible for payment in accordance with corrections and comments made by Construction Manager. Contractor shall prepare and submit to Construction Manager the formal Application for payment, accompanied by all supporting and other documentation required by the Contract Documents.
2. Within seven (7) days of receipt of the formal Application for Payment, Construction Manager shall take one of the following actions: (a) return the Application for Payment to Contractor for corrections, accompanied by detailed, written corrections and comments; or (b) forward the Application for Payment to City with recommendation for payment in accordance with Section 20104.50, California Public Contract Code.
D. Set-offs; Reasons for Reductions in Payment Due:
1. Construction Manager may refuse to recommend the whole or any part of any payment if, in Construction Manager’s opinion, it would be incorrect to make the representations to City stated in Paragraph 15.01 of these General Conditions.
2. Construction Manager will recommend reductions in payment (set-offs) necessary in Construction Manager’s opinion to protect City from loss because:
a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. City has been required to correct defective Work in accordance with Paragraph
14.07 of these General Conditions, or has accepted defective Work pursuant to Paragraph 14.04 of these General Conditions;
d. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or
e. Construction Manager has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.
3. Reductions in Payment by City: In addition to any reductions in payment (set-offs) recommended by Construction Manager, City is entitled to impose a set-off against payment based on any of the following:
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Beltz 10 Pilot Test Site Preparation 00 72 13- 78 General Conditions a. Claims have been made against City based on Contractor’s conduct in the performance or furnishing of the Work, or City has incurred costs, losses, or damages resulting from Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations;
b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;
c. Contractor has failed to provide and maintain required bonds or insurance; d. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;
e. City has incurred extra charges or program management, construction management, or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;
f. The Work is defective, requiring correction or replacement; g. City has been required to correct defective Work in accordance with Paragraph
14.07 of these General Conditions, or has accepted defective Work pursuant to Paragraph 14.04 of these General Conditions;
h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause;
j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or Final Completion of the Work. (Liquidated damages are specified in the Supplementary Conditions); k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens;
l. Other items entitle City to a set-off against the amount recommended; or m. Any fees or fines assessed to the Contractor as a result of violation of Laws and Regulations.
4. If City imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Construction Manager, City will give Contractor immediate written notice (with a copy to Construction Manager) or at least five (5) days prior to the date payment is due, stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. City shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.
5. Upon a subsequent determination that City’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by
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Beltz 10 Pilot Test Site Preparation 00 72 13- 79 General Conditions Paragraph 15.01.E of these General Conditions and subject to the legal interest as required by law.
E. Payment is Due: Thirty (30) days after receipt of an undisputed and properly submitted Application for Payment to City with Construction Manager’s recommendation, the amount recommended (subject to any City set-offs) will become due, and when due will be paid by City to Contractor.
F. Contractor Payment Obligations:
1. Contractor will pay its Subcontractors and/or Suppliers, within 7 days after Contractor receives payment from the City, in direct proportion to the Subcontractors’ and Suppliers’ basis in the total Contract between Contractor and Owner. Any money which is payable to a Subcontractor pursuant to this Section accrues interest at the legal rate. Pursuant to California Public Contract Code §7201, Contractor may withhold 5 percent from the amount of any partial payment under a subcontract which is made before 50 percent of the Work has been completed under the subcontract. Thereafter Contractor shall pay any additional funds if, in the opinion of Contractor, satisfactory progress is being made in the Work under the subcontract, and payment must be equal to that paid by Owner to Contractor for Work performed by the Subcontractor.
2. Contractor may retain the amount withheld under the subcontract until the subcontract is satisfactorily completed.
3. The amount withheld under the subcontract is due within 7 days after the acceptance of the subcontract work by Contractor.
4. Whenever Contractor receives a payment of interest earned on the amount withheld from the Contract, Contractor shall within 7 days pay to each Subcontractor that portion of the interest received which is attributable to the amount of money withheld from the Subcontractor.
G. Contractor or Subcontractor shall pay its Subcontractor not later than 7 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to Subcontractors.
The 7 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause. Any violation of Section 7108.5 shall subject the violating Contractor or Subcontractor to the penalties, sanction and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or its Subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a Subcontractor.
15.02 Contractor’s Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to City free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by City.
15.03 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify City, Construction Manager, and Engineer in writing that the entire Work is
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Beltz 10 Pilot Test Site Preparation 00 72 13- 80 General Conditions substantially complete and request that Construction Manager and Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to City, Construction Manager and Engineer an initial draft of punch list items to be completed or corrected before final payment.
1. The Work shall be Substantially Complete as defined in Article 1, and as follows: All equipment shall be installed and operational, or temporary arrangements satisfactory to City shall have been made; and, Operational testing must be completed prior to the date of Substantial Completion.
B. Promptly after Contractor’s notification, City, Contractor, Construction Manager, and Engineer shall make an inspection of the Work to determine the status of completion.
1. If Construction Manager and Engineer do not consider the Work substantially complete, Construction Manager will notify Contractor in writing giving the reasons therefor.
2. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or retesting by Construction Manager and/or Engineer, the cost of such re-inspection or retesting, including the cost of time, travel, and related expenses, shall be paid by Contractor to the City. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then City may impose a reasonable set-off against payments due under Article 15.
C. If Construction Manager and Engineer jointly consider the Work substantially complete, Construction Manager will deliver to City a preliminary Certificate of Substantial Completion which will fix the date of Substantial Completion. Construction Manager shall attach to the certificate a punch list of items to be completed or corrected before final payment. City shall have seven (7) days after receipt of the preliminary certificate during which to make written objection to Construction Manager as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Construction Manager concludes that the Work is not substantially complete, Construction Manager will, within 14 days after submission of the preliminary certificate to City, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If City does not object to the provisions of the certificate, or if despite consideration of City’s objections, Construction Manager and Engineer concludes that the Work is substantially complete, then both Construction Manager and Engineer will, within said 14 days, sign and deliver to City and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Construction Manager and Engineer jointly believes justified after consideration of any objections from City.
D. At the time of receipt of the preliminary certificate of Substantial Completion, City, and Contractor will confer regarding City’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by City. Unless City and Contractor agree otherwise in writing, City shall bear responsibility for security, operation, protection, property insurance, maintenance, heat, and utilities of the portion of City’s use or occupancy of the Work.
E. After Substantial Completion, the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases
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Beltz 10 Pilot Test Site Preparation 00 72 13- 81 General Conditions Contractor may submit monthly Applications for Payment for completed punch list items, in accordance with the progress payment procedures set forth in the Contract Documents.
F. City shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.
15.04 Partial Use or Occupancy
A. Prior to Substantial Completion of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, Construction Manager, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:
1. At any time, City may request in writing that Contractor permit City to use or occupy any such part of the Work that City believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, City, Construction Manager, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.F for that part of the Work.
2. At any time, Contractor may notify City and Construction Manager in writing that Contractor considers any such part of the Work substantially complete and request Construction Manager and Engineer to issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, City, Construction Manager, Engineer, and Contractor shall make an inspection of that part of the Work to determine its status of completion. If Construction Manager and Engineer jointly do not consider that part of the Work to be substantially complete, Construction Manager will notify City and Contractor in writing (with copy to Engineer) giving the reasons therefor. If Construction Manager and Engineer jointly consider that part of the Work to be substantially complete, the provisions of Paragraph 15.03 of these General Conditions will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 of these General Conditions (as modified by the Supplementary Conditions) regarding builder’s risk or other property insurance. Except as specified otherwise, Contractor shall continue to maintain all insurance required in full force and effect.
15.05 Final Inspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, City, Construction Manager, and Engineer will promptly make a final inspection with Contractor and Construction Manager will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.
B. When Construction Manager and Engineer jointly consider the entire Work to be complete and in accordance with the Contract Documents, Construction Manager and Engineer will prepare and submit to City a written notice of acceptability of the Work,
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Beltz 10 Pilot Test Site Preparation 00 72 13- 82 General Conditions signed by both Construction Manager and Engineer. Such recommendation, upon agreement by Director or Director’s delegate, will be the written recommendation for acceptance of the Work by the City Council. Only acceptance by the City Council constitutes final completion of the Work under Civil Code Section 9200.
15.06 Final Payment
A. After Contractor has, in the opinion of both Construction Manager and Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12 of these General Conditions), and other documents, Contractor may make application for final payment.
Prior to final payment, the parties shall sign a Change Order to reconcile file quantities of Unit Price Work eligible for payment in accordance with the Contract and final amounts of allowances (if any) used as authorized by City. Such Change Order shall be the final adjustment in the Contract Price prior to final payment.
B. Contractor shall prepare and submit the final Application for Payment accompanied by other closeout documentation required by the Contract Documents. Final Application for Payment shall comply with requirements for applications for progress payments (as set forth in Paragraph 15.01 of these General Conditions and elsewhere in the Contract Documents) and shall also be accompanied by the following (except as previously delivered by Contractor in accordance with the Contract):
1. all documentation called for in the Contract Documents;
2. consent of the surety, if any, to final payment, return, or release of retainage;
3. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to City free and clear of any Liens or other title defects, or will so pass upon final payment.
4. a list of all duly pending Change Proposals and Claims (if none, furnish written statement signed by officer of Contractor’s organization, legally authorized to sign binding contracts on behalf of Contractor, clearing indicating that no Change Proposals and Claims are pending or are unresolved); and
5. complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.
6. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.C.5 and as approved by City, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which City might in any way be responsible, or which might in any way result in liens or other burdens on City’s property or funds, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to City to indemnify City against any Lien, or City at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.
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7. If there were no Liens filed in connection with the Work, Contractor shall furnish with the final Application for Payment a sworn statement signed by Contractor stating that there were no Liens, unpaid claims, or demands against Contractor related to the Work.
C. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten (10) days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to City for payment. Such recommendation shall account for any set-offs against payment that are necessary to protect City from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to City and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, City will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.
D. Retainage
1. In accordance with the Contract Documents and Laws and Regulations, City may retain out of payments due Contractor up to five percent of value of Work completed to date. In no event will City’s total retention exceed five percent (5%) of the value of the Work performed, unless the Contract Documents expressly entitles the City to greater withholding as a set-off or otherwise set forth in the Contract Documents.
2. This provision on retention does not limit City’s right to withhold 150 percent (150%) of the value of any or all disputed Work from final payment, as provided for in California Public Contract Code Section 7107(c). In the event of a good faith dispute, nothing in this provision shall be construed to require City to pay for work, materials, or equipment that is not in accordance with the Contract Documents.
3. Contractor may elect to substitute securities of equivalent value for any retentions withheld by the City to ensure performance of the Work in accordance with Section 22300 of the California Public Contract Code, if applicable. At Contractor’s request and expense, City may pay retentions earned directly to an escrow agent as set forth in an Escrow Agreement in Lieu of Retainage.
E. Final Payment is Due: Final payment, less any set-offs for liquidated damages and other set-offs allowed under the provisions above for progress payments, will be due and payable as provided by Law, within 30 days after City’s receipt of the final Application for Payment with Construction Manager’s recommendation for payment, unless otherwise agreed to by Contractor. Contractor shall submit a final Application for Payment to the City no earlier than 30 days before the date the request for approval of the Work is on the City Council agenda, to allow City to timely make the final payment.
City will issue and record a Notice of Completion within 15 days after the City Council’s acceptance of the Work, which constitutes the date of Final Completion of the Work per Civil Code §9204. City shall pay the retention amount to Contractor within 60 days after completion of the Work pursuant to Public Contract Code §7107.
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Beltz 10 Pilot Test Site Preparation 00 72 13- 84 General Conditions F. Contractor shall submit to City a release of all claims by Contractor against City arising by virtue of the Contract, except such claims in definite amounts as the Contractor may specifically exempt from the operation of the release.
15.07 Waiver of Claims
A. The making of final payment will not constitute a waiver by City of claims or rights against Contractor. City expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after a final inspection, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees or warranties specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents.
B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against City other than those pending matters that have been duly submitted as a Claim or appealed under the provisions of Article 17 of these General Conditions.
15.08 Correction Period
A. If within one year after the date of Substantial Completion or date of Final Completion, (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), whichever is later, City gives Contractor written notice that any Work has been found to be defective, or that Contractor’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to City and in accordance with City’s written instructions:
1. correct the defective repairs to the Site or such adjacent areas;
2. correct such defective Work;
3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by City, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures.
B. City shall give any such notice of defect within 60 days of the discovery that such Work or repairs are defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a valid notice of defective Work under Paragraph 7.17.B of these General Conditions.
C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay 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 correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others), plus City’s overhead fee of an additional 15 percent of all costs incurred by City. Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from City will be deemed the start of an event giving rise to a Claim under Paragraph 12.01 of these General Conditions, such that any related Claim must be brought within 30 days of the failure to pay.
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Beltz 10 Pilot Test Site Preparation 00 72 13- 85 General Conditions D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.
E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph prior Final Completion, the correction period hereunder with respect to such Work will be extended for an additional period of one year from the Date of Final Completion.
F. Contractor’s obligations under this paragraph are in addition to all other warranties, guarantees, and obligations for maintenance, to correct, and remedy defective Work including but not limited to the warranty period after the Final Completion of the 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. The provisions of this Article or General Conditions are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitations.
ARTICLE 16— SUSPENSION OF WORK AND TERMINATION
16.01 City May Suspend Work
A. Suspension for City’s Convenience
1. City may order Contractor, in writing, to temporarily suspend all or part of the Work for period of time determined by City for the convenience and benefit of City. Where such suspension is ordered and where such suspension unreasonably delays progress of the Work, Contractor will be entitled to an equitable adjustment in the Contract Price and Contract Times.
B. Suspension for Uncontrollable Delay
1. Should the Work be suspended or delayed for one year or more for reasons indicated in Paragraph 4.05.C of these General Conditions, upon mutual agreement of the parties, the Work may be terminated for City’s convenience, subject to the following:
a. City is responsible for payment for the Work completed in accordance with the Contract Documents.
b. Pro-rated cost of such work, where not fully covered by unit prices or lump sum items in the Contract, shall be determined by an evaluation of the Work performed up to the date of termination.
c. The provisions of Paragraph 16.03 apply.
16.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:
1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule);
2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;
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3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or
4. Contractor’s repeated disregard of the authority of City (or Program Manager, acting on City’s behalf), Construction Manager, or Engineer.
B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days’ written notice that City is considering a declaration that Contractor is in default and termination of the Contract, City may proceed to:
1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and
2. enforce the rights available to City under any applicable performance bond.
C. Subject to the terms and operation of any applicable performance bond, if City has terminated the Contract for cause, City may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere, and complete the Work as City may deem expedient.
D. City may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.
E. If City proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses, and damages incurred by City will be reviewed by Construction Manager as to their reasonableness and, when so approved by Construction Manager, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the Work performed.
F. Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by City will not release Contractor from liability.
G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A of the General Conditions, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. Where such bond does not include procedures for City’s assertion of City’s rights under such bond, then the provisions of this Paragraph 16.02 will apply.
16.03 City May Terminate for Convenience
A. Upon seven days’ written notice to Contractor, Construction Manager, and Engineer, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. In such case, Contractor shall submit a claim for payment including required certifications under Article 12 within 6 months of the effective date of
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Beltz 10 Pilot Test Site Preparation 00 72 13- 87 General Conditions termination. Subject to verification to City’s satisfaction, Contractor will be eligible to be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work not to exceed 5% of cost of the Work;
2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses not to exceed 5% of cost of the Work; and
3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.
B. City shall not be liable for costs incurred by Contractor or Subcontractor after receipt of a notice of termination. Contractor shall not be paid for any loss of anticipated profits or revenue on Work not performed as of the notice of the termination, post-termination overhead costs, or other economic loss arising out of or resulting from such termination.
C. City shall deduct from Contractor any advance payments made to Contractor related to the terminated portion of the Contract Documents, any claim which City may have against Contractor in connection with the Contract Documents, and any other applicable costs.
16.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, or Subcontractor, or any employee or agent of Contractor or any Subcontractor, (1) the Work is suspended for more than 180 consecutive days by City or under an order of court or other public authority, or (2) Construction Manager fails to act on any Application for Payment within 30 days after it is submitted, or (3) City fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days’ written notice to City, Construction Manager, and Engineer, and provided City or Construction Manager does not remedy such suspension or failure to cure within 30 days of the default, terminate the contract and recover from City payment on the same terms as provided in Paragraph 16.03 of these General Conditions.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Construction Manager has failed to act on an Application for Payment within 30 days after it is submitted, or City has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to City, Construction Manager, and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.
ARTICLE 17— FINAL RESOLUTION OF DISPUTES
17.01 Methods and Procedures
A. Claims and disputes arising under or related to the performance of the Contract, for which mediation was waived or unsuccessful, shall be resolved by binding arbitration unless City and Contractor mutually agree in writing, after the dispute has arisen, to
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17.02 Arbitration
A. Arbitration will be pursuant to Article 7.1 (pursuant to Sections 22201 and 10240 of the California Public Contract Code and the Laws and Regulations promulgated thereto, Chapter 4 (commencing with Section 1300) of Division 2 of Title 1 of the California Code of Regulations.
B. Arbitration decision will be decided under and in accordance with California Law, supported by substantial evidence and, in writing, contain the basis for the decision, findings of fact, and conclusions of Law.
C. Where an election is made by either party to use the Simplified Claims Procedure provided under Sections 1340-1346 of said Chapter 4, the parties may mutually agree to waive representation by counsel.
D. Initiation of Final Resolution of Dispute:
1. Arbitration will be initiated by a Complaint in Arbitration made in compliance with said Chapter 4. Complaint in Arbitration by Contractor will be filed not later than 90 calendar days after receipt of the final written decision of City on the Claim or after City’s acceptance of the Work if no written decision has been issued. For purposes of this article, "Acceptance of the Work by the Agency" as used in Laws and Regulations will be defined as the date the Notice of Completion is filed.
2. If such notice for final resolution of the dispute is not properly submitted in the time indicated in this Article, the Claim will be deemed to be resolved based on the Claim’s status at the conclusion of mediation in Article 12, and such resolution shall be deemed final and binding on the parties.
3. Arbitration shall be held in the County of Santa Cruz, California.
E. Cost Responsibility: Each party shall be responsible for its own costs, including fees of attorneys and consultants, for the final resolution of the dispute. Arbitrator or court fees shall be shared equally by the City and Contractor.
17.03 Government Code Claim
1. Prior to filing any legal action against the City that seeks money or damages, Contractor must comply with the claim procedures for money or damages set forth in Government Code Sections 900, et seq. Such Government Code claim and any subsequent lawsuit based upon the Government Code claim shall be limited to those matters that remain unresolved after all required contractual procedures pertaining to the dispute have been followed by the Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
17.04 Legal Action
The venue for any legal action shall be the Superior Court of Santa Cruz.
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17.05 Duty to Continue Performance.
Unless provided to the contrary in the Contract Documents, Contractor shall continue to perform the Work and City shall continue to satisfy its payment obligations to Contractor of items not n dispute, pending the final resolution of any dispute or disagreement between Contractor and City..
ARTICLE 18— MISCELLANEOUS
18.01 Giving Notice
A. Whenever any provision of the Contract requires the giving of written notice to City, Construction Manager, Engineer, or Contractor, it will be deemed to have been validly given only if delivered:
1. in person, by a commercial courier service or otherwise, to the recipient’s place of business;
2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or
3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line.
B. Contractor’s address indicated in the Agreement (or, if not indicated in the Agreement, and not stipulated at the preconstruction conference, then as indicated in the Bid) and the address of Contractor’s office in closest proximity to the Site will each be considered as Contractor’s address for delivery of notices required by the Contract, unless otherwise mutually agreed upon by the parties.
18.02 Computation of Times
A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.
18.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.
18.04 Limitation of Damages
A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, City, Program Manager, Construction Manager, Engineer, and any of their respective officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall not be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.
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18.05 No Waiver
A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract.
18.06 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor.
18.07 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
18.08 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract.
B. This Paragraph 18.08 notwithstanding, the provisions of Paragraph 19.09 of the General Conditions, concerning assignment to City of third-party claims, applies.
18.09 Successors and Assigns
A. This Contract will insure the benefit of and be binding upon the successors and assigns of the City and Contractor.
18.10 Publicity and Publications
A. Contractor shall submit and obtain written approval from City prior to the publication of any technical articles, descriptions, or news releases, concerning the Project. Approval will be granted providing that City is properly acknowledge, technical innovations are properly acknowledged, and such publication is in the best interest of the City.
B. Such publications or releases shall not divulge any confidential or security-related information concerning the City’s facilities or the Project. Contractor shall make reasonable revisions to such articles and releases required by the City prior to their release or publication. Do not publish or release such items without the prior approval of the City.
18.11 City’s Right to Access Contractor’s Records
A. City, or any of its duly authorized representatives shall have the right to access and review records of Contractor and Subcontractors for at least three years (or longer as otherwise specified) after City’s issuance of final payment under this Contract.
B. Such right allows City to access and examine any of Contractor’s or Subcontractors’ payrolls, records of personnel, invoices of materials or equipment, records of plant and construction equipment costs, and any and all other directly pertinent books, documents, papers, and records of Contractor and Subcontractors, involving transactions related to the Contract or subcontracts thereunder.
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Beltz 10 Pilot Test Site Preparation 00 72 13- 91 General Conditions C. When state or federal funds are involved in the Project’s funding or financing, the state or federal government shall have the same rights of access and examination as the City under this provision.
18.12 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.
ARTICLE 19— STATUTORY PROVISIONS
19.01 Compliance
A. Requirements of this article are required to be in the Contract by the provisions of Laws or Regulations. Omission of any required provision from this article does not diminish the effect of such Laws and Regulations or Contractor’s obligation for compliance therewith.
19.02 Labor Discrimination
A. Attention is directed to the following sections of the Labor Code:
1. Section 1735. No discrimination shall be made in the employment of persons upon Public Works because of race, color, national origin or ancestry, or religion of such persons and every Contractor for Public Works violating this section is subject to all the penalties imposed for a violation of this chapter.
2. Section 1420. It shall be unlawful employment practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the United States or the States or the State of California:
a. For an employer, because of the race, religious creed, color, national origin, or ancestry of any person, to refuse to hire or employ him/her or to bar or to discharge from employment such person, or to discriminate against such person in compensation or in terms, conditions or privileges of employment.
B. Furthermore, the City, as defined in Resolution NS-20,137 and Santa Cruz Municipal Code (“SCMC”) Chapter 9.83, further prohibits discrimination on the basis of sexual orientation, height, weight and physical characteristics. Contractor agrees to abide by all of the foregoing statutes, regulations, ordinances and resolutions.
19.03 Local Hiring
A. Contractor and Subcontractors shall comply with Santa Cruz Municipal Code (SCMC) Chapter 3.10, which is incorporated into the Contract by reference. SCMC Chapter 3.10 specifically requires the City’s contractors and their subcontractors to make good faith efforts to hire qualified individuals who are local residents, as workers on City public works projects valued greater than the limit for formal bidding (as set forth in Laws and Regulations) unless prohibited by Laws or Regulations.
B. Contractor and listed Subcontractors in the Subcontractor’s Form must complete and submit to the City, after the award of the Contract and prior to City’s issuance of the Notice to Proceed, the form entitled, “Good Faith Effort Statement for Local Hire,” as contained in the Bidding Documents.
C. Contractor must also complete and submit to the City, on a weekly basis, documentation of local hiring. The “Local Hire Residency Compliance” form (Exhibit H) must be submitted with certified payroll records.
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Beltz 10 Pilot Test Site Preparation 00 72 13- 92 General Conditions D. Failure to comply with any of the provisions of SCMC Chapter 3.10, including the maintenance of records, shall be deemed a breach of the Contract and may result in the Contractor being declared “non-responsible” by the City and ineligible for the award of future City contracts.
19.04 Department of Industrial Relations Requirements
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Work is to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations (DIR), Division of Labor Statistics and Research, a copy of which is on file in the Public Works Department and shall be made available on request.
Contractor shall cause a copy of the applicable minimum prevailing wage rates to be posted at the Site, in a prominent location easily visible to workers. Contractor and Subcontractors engaged in the Work shall pay workers not less than the applicable minimum prevailing wage rate. Excepted from such wage rates are construction projects where the Contract Price is $25,000 or less, or projects of $15,000 or less for alteration, demolition, repair, or maintenance work.
B. If a Subcontractor worker engaged in the Work is not paid the general prevailing per diem wages by the Subcontractor, the Contractor is not liable for any penalties therefor, unless Contractor had knowledge of that failure or unless Contractor fails to comply with all of the following requirements:
1. Subcontract between Contractor and Subcontractor for the performance of part of the Work must include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. Contractor must monitor payment of the specified general prevailing rate of per diem wages by Subcontractor by periodic review of Subcontractor’s certified payroll records.
3. Upon becoming aware of Subcontractor’s failure to pay the specified prevailing rate of wages, Contractor must diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due Subcontractor for performance of the Work.
4. Prior to making final payment to Subcontractor, Contractor must obtain an affidavit signed under penalty of perjury from Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages employees engaged in the Work and any amounts due pursuant to California Labor Code Section 1813.
C. The work of installing, assembling, repairing or reconditioning, or other Work of any nature on machinery, equipment, or tools used in or upon the Work shall be considered a part of the Work to be performed under the Contract any laborers, workers, or mechanics working on such machinery, equipment, or tools, shall be subject to all of the requirements relating to labor set forth in the Contract.
D. Construction, erection, and operation of material production, proportioning, or mixing plants from which material is used wholly on the Contract or on contracts performed for the City, shall be considered a part of the Work to performed under the Contract and any
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Beltz 10 Pilot Test Site Preparation 00 72 13- 93 General Conditions laborers, workers, or mechanics working on such plants shall be subject to all of the requirements relating to labor set forth in the Contract.
19.05 DIR Registration
A. No contractor or Subcontractor may be listed on a bid or proposal for a public works project unless registered with the DIR pursuant to California Labor Code Section 1725.5.
Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, or enter into any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. By submitting its Bid or proposal to City, Contractor is certifying that Contractor has verified that all Subcontractors used on the Work are registered with the DIR in compliance with Labor Code Sections 1771.1 and 1725.5, and Contractor shall submit to City proof of registration.
19.06 Prevailing Wages
A. In accordance with California Labor Code Section 1775, Contractor and Subcontractors engaged in the Work shall forfeit a penalty of up to $200 per day for each worker engaged in the Work that Contractor or Subcontractor pays less than the specified prevailing wage. Amount of such penalty shall be determined by the Labor Commissioner. Contractor or Subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each day or portion thereof for which each worker was paid less than the prevailing wage rate.
B. If it becomes necessary for Contractor or Subcontractor engaged in the Work to employ on the Work any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the director of the Department of Industrial Relations, Contractor must pay the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by that person. The minimum rate thus furnished will be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
19.07 Payroll Records
A. In accordance with California Labor Code Section 1776, Contractor and each Subcontractor engaged in the Work must keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating that the information contained in the payroll record is true and correct and that the employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the Project. Payroll records required pursuant to California Labor Code Section 1776 must be certified and must be available for inspection by the City and its authorized representatives, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations and must otherwise be available for inspection in accordance with California Labor Code Section 1776.
Contractor and Subcontractors shall furnish the payroll records specified in Labor Code section 1776 directly to the Labor Commissioner in the manner required by Labor Code Section 1771.4.
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19.08 Apprenticeship
A. In accordance with California Labor Code Section 1777.5, Contractor, on behalf of the Contractor and Subcontractors engaged in the Work, are responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on the Project.
B. Contractor’s attention is directed to the Section 1770 et seq. of the Labor Code concerning the employment of apprentices by Contractor or Subcontractor.
C. Section 1777.5, as amended, requires Contractor and Subcontractors employing tradespersons in any apprentice occupation to apply to the joint apprenticeship committee nearest the Site and which administers the apprenticeship program in that trade for a certificate of approval. Certificate will also fix the ratio of apprentices to journeymen that will be used on the Work. Ratio of apprentices to journeymen in such cases shall not be less than one to five except:
1. When unemployment in the area of coverage by the Joint Apprenticeship committee has exceeded an average of 15 percent in the 3 months prior to the request for certificate,
2. When the number of apprentices in training in the area exceeds a ratio of one to five,
3. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or
4. When assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
D. Contractor shall make contributions to funds established for the administration of apprenticeship programs if Contractor employs registered apprentices or journeymen in any apprentice trade on the Project and if other contractors working for City at the Site are making such contributions.
E. Contractor and Subcontractors shall comply with Sections 1777.5 and 1777.6 in the employment of apprentices.
F. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship standards and its branch offices.
19.09 Assignment of Unfair Business Practice Claims
A. In accordance with California Public Contract Code Section 7103.5, Contractor and Subcontractors offer and agree to assign to City all rights, title, and interest in and to all causes of action Contractor or Subcontractors may have under Section 4 of the Clayton Act (15 USC. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the Contract. Such assignment shall be made and become effective at the time City issues final payment to Contractor, without further acknowledgement by the parties.
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19.10 California Air Resources Board (CARB) Requirement for Certificate of Reported Compliance
A. Contractor and Subcontractors shall maintain compliance with California Air Resources Board (CARB) requirement for certificate of reported compliance regarding in-use offroad diesel-fueled fleets regulation as stated in California Code of Regulations, Title 13 § 2449 et seq. Non-compliant vehicles are not permitted onsite unless and until Contractor provides City with a valid Certificate of Reported compliance.
B. Contractor must provide a statement verifying whether they comply or whether they are exempt from the regulation as part of responding to the bid. If the in-use off-road dieselfueled fleets regulation is applicable to the project, 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.
END OF SECTION
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Beltz 10 Pilot Test Site Preparation 00 73 01 - 1 Supplementary Conditions SECTION 00 73 01
SUPPLEMENTARY CONDITIONS
ARTICLE 1 – INTENT OF SUPPLEMENTARY CONDITIONS
1.01 These Supplementary Conditions amend or supplement the City of Santa Cruz General Conditions. The General Conditions remain in full force and effect except as amended.
1.02 The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.
ARTICLE 2 – INSURANCE REQUIREMENTS
2.01 Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter from the date of final completion, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Contractor, 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:
1. Certificate(s) will show current policy number(s) and effective dates,
2. Coverage and policy limits will meet, or exceed, requirements below,
3. The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Avenue, Suite 290, Santa Cruz, CA 95060,
4. Certificate will be signed by an authorized representative,
5. An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and a. Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required
B. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE
Proof of coverage for $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG
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Beltz 10 Pilot Test Site Preparation 00 73 01 - 2 Supplementary Conditions 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit.
2. 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 contract work.
3. Automobile Liability: Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
4. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Cruz and United States Environmental Protection Agency for all work performed by Contractor, its employees, agents and subcontractors.
5. Surety Bonds as described below. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (APPLICABLE TO ALL CONTRACTORS AND SUBCONTRACTORS
OF ANY TIER PERFORMING ANY REMOVAL, REMEDIATION,
ABATEMENT, TRANSPORTATION OR DISPOSAL OF ANY
HAZARDOUS MATERIALS AND/OR PROJECTS INVOLVING
ENVIRONMENTAL HAZARDS) with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz and United States Environmental Protection Agency.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status
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Beltz 10 Pilot Test Site Preparation 00 73 01 - 3 Supplementary Conditions The City of Santa Cruz, , their respective officers, officials, employees, and authorized agents are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or, if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later editions are used).
2. Primary Coverage
For any claims related to this contract, Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Santa Cruz, , their respective officers, officials, employees, and authorized agents. Any insurance or self-insurance maintained by the City of Santa Cruz, , their respective officers, officials, employees, and authorized agents shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Santa Cruz.
4. Waiver of Subrogation
Contractor hereby grants to the City of Santa Cruz a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Santa Cruz by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Cruz has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Cruz. The City of Santa Cruz may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City of Santa Cruz.
6. 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 of Santa Cruz.
7. Claims Made Policies
If any of the required policies provide claims-made coverage:
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Beltz 10 Pilot Test Site Preparation 00 73 01 - 4 Supplementary Conditions a. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for five (5) years after completion of contract work. c. 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 the start of work date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
d. A copy of the claims reporting requirements must be submitted to the City of Santa Cruz for review.
e. If the services involve lead-based paint or asbestos identification/remediation, Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, Contractors’ Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
8. Verification of Coverage
Contractor shall furnish the City of Santa Cruz with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City of Santa Cruz before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The City of Santa Cruz reserves the right to require complete, certified copies of all required insurance policies, including declarations and endorsements required by these specifications, at any time.
9. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Santa Cruz and United States Environmental Protection Agency, and their respective officers, officials, employees, agents, and volunteers are additional insureds on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances:
The City of Santa Cruz reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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Beltz 10 Pilot Test Site Preparation 00 73 01 - 5 Supplementary Conditions ARTICLE 3 - LIQUIDATED DAMAGES
3.01 Liquidated damages are the specified dollar amount the Contractor shall pay to the City as a result of the Contractor's failure to achieve Milestones, Substantial Completion, or Final Completion of the Work.
3.02 Contractor agrees that time is of the essence for this Contract and that City will suffer financial and other losses if the Work is not completed and/or Milestones are not achieved within the Contract Times, or as duly modified. If any Work has not occurred within the Contract Times, Owner will assess liquidated damages, as it is and will be impractical and extremely difficult to ascertain the actual damages which City will sustain in the event of and by reason of such delay.
Contractor agrees that the liquidated damages listed below are reasonable estimates of damages for delay and will not be construed as a penalty. City shall have the right to deduct said liquidated damages from any amount due or that may become due the Contractor, or to collect such liquidated damages from the Contractor or its surety.
3.03 If Contractor neglects, refuses, or fails to complete the Work within the Contract Times (as duly adjusted pursuant to the Contract):
A. Contractor shall pay City: $500 as liquidated damages for each calendar day that expires after the time specified herein for Milestones or Substantial Completion.
B. For delays after Substantial Completion, Contractor shall pay City: $500 as liquidated damages for each calendar day that expires after the time specified herein for completion and readiness for final payment until the Final Completion of the Work.
3.04 Any progress payments by City after the scheduled completion date does not constitute a waiver of the City’s right to liquidated damages.
3.05 If City recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are City’s sole and exclusive remedy for such delay, and City is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay.
3.06 This provision shall not prevent City from seeking all damages and other remedies available to City under this Contract or by Law in the event of any other default by Contractor other than failing to complete the Work within the Contract Times.
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Beltz 10 Pilot Test Site Preparation 00 73 01 - 6 Supplementary Conditions ARTICLE 4 - ACCESS REQUIREMENTS
4.01 Authorized representatives of the City and the USEPA shall have access to, for the purpose of inspection, the work site(s), any books, documents, papers, and records of the contractor that are pertinent to this agreement at any reasonable time.
ARTICLE 5 – EXISTING UTILITY AVAILABILITY AND USE CHARGES
5.01 Construction water: Water, as required for City projects, may be obtained at Cityowned fire hydrants provided that an application with a $3,415 deposit for the hydrant meter is submitted to the Water Department and a permit is issued to the Contractor for its use. Coordinate with City Water Department Engineering to obtain a meter with a backflow prevention system for connection. Contractor will use it according to the Water Department standards, the City’s Municipal Code, and permit requirements. Contractor must comply with the Bulk Water & Hydrant Meter Services Policy provided in Exhibit N. The application and fee information can be found in Exhibit O. City will pay for water used directly and water shall not be billed with invoices to the City. The permit will be valid for a maximum of 30 days unless permission is granted by City Water Department Engineering for an extension. Contractor may submit revised meter connection requests during construction. Alternatively, the Contractor may bring water trucks for construction water. City will not pay for water trucks brought to the site by the Contractor, except in cases when metered water is not available (e.g., during maintenance or unplanned outage).
END OF SECTION
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Beltz 10 Pilot Test Site Preparation 01 14 00 - 1 Work Restrictions SECTION 01 14 00
WORK RESTRICTIONS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. This section describes special requirements and construction constraints that may affect the Work. These requirements and constraints are in addition to those appearing elsewhere in the specifications.
1.02 SUBMITTALS
A. The following submittals shall be submitted within 72 hours of Notice to Begin Preconstruction Activities. Submittals to be approved by City before mobilization occurs. Mobilization cannot begin prior to November 2, 2026.
1. Baseline Construction Schedule. Schedule to include:
a. Detailed proposal for any proposed work outside of the normal work hours defined below.
b. Outage(s) must be included in the Contractor’s baseline construction schedule. See below for outage inclusions.
2. System Outage Request Form: Submit the System Outage Request Form included in Exhibit E. Form shall identify all anticipated outages, utility interruptions, and discharge events.
a. Outage(s) include but are not limited to taking the Beltz 10 well out of service or use of raw water pipeline and Beltz Water Treatment Plant reclaim tank for water disposal. Water disposal shall include start date, estimated volume and number of days.
b. Utility outages (electrical, communications) shall be included.
3. Staging Area Plan: Submit a plan indicating material storage, vehicle parking, access routes, and construction staging areas for City review and approval prior to mobilization.
1.03 WORK HOURS
A. Normal work hours, including related site activities of any kind are limited 8:00 a.m. to 5:00 p.m. on work days (Mondays through Fridays except for City holidays). Work outside of these hours requires at least 48 hours prior
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Beltz 10 Pilot Test Site Preparation 01 14 00 - 2 Work Restrictions consent of the Construction Manager (CM). The City will consider approval of an extension of work hours for specific work activities if the Contractor can show that sufficient measures will be taken to minimize noise, light, traffic and other potential impacts on local residents.
B. City holiday closures:
1. New Years Day, January 1st
2. Martin Luther King Day, 3rd Monday in January
3. President’s Day, 3rd Monday in February
4. Farm Worker Appreciation Day, March 31st
5. Memorial Day, last Monday in May
6. Juneteenth, June 19th
7. Independence Day, July 4th
8. Labor Day, 1st Monday in September
9. Veteran’s Day, November 11th
10. Thanksgiving Day and following Friday
11. Christmas Day, December 25th
12. When a holiday falls on a Sunday, the following Monday is observed as the holiday. When a holiday falls on a Saturday, the preceding Friday is observed as the holiday.
13. The City offices are closed for two weeks surrounding the winter holidays, typically December 21
st through January 1st
.
1.04 MAINTENANCE OF FACILITY OPERATION
A. The Contractor will be performing work at a City facility. Under these conditions, extra precautions will be necessary to ensure that no damage occurs to City facilities, including piping, utilities, roads, and structures, that are to remain in operation and are not to be modified or replaced. Any temporary facilities, materials, equipment and labor required to achieve these objectives shall be provided by the Contractor at its own expense. At the completion of work, all such temporary facilities, materials and equipment remaining shall be removed from the site.
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1.05 GENERAL ACCESS
A. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction.
B. Private Driveway Restrictions:
1. The Contractor shall not use the private driveway adjacent to the Site for access, staging, parking, or construction activities. This restriction applies to all personnel, subcontractors, deliveries, and equipment. Refer to the figure in Exhibit D for the location of the private driveway.
2. Authorized access shall be limited to the Site property. Any damage to adjacent private property shall be repaired at the Contractor’s expense.
C. Worker Parking:
1. All Contractor and subcontractor vehicles shall park only in designated areas located directly in front of or within the project site, as approved by the City.
2. Parking on adjacent residential streets, private property, or other unauthorized areas is prohibited.
D. The Contractor will be permitted to add their own combination lock to the gate. Gated Access to the site will always remain closed and locked unless guarded by the Contractor; unlocked gates will not be left unattended.
E. Non-authorized personnel are not allowed past the Gates.
F. Contractor activities, including staging, shall not adversely affect the resident’s access along on 34th Ave and shall maintain access for emergency vehicles at all times.
G. Following completion of the Work, the Contractor will remove their lock.
H. Site Surface and Wet Weather Conditions:
1. The Site is unpaved and may become unstable during wet weather conditions.
2. The Contractor shall be responsible for maintaining safe and reliable access during the rainy season, including measures to prevent vehicles from becoming stuck or tracking mud onto public roadways. Contractor shall immediately clean any tracked material at its own expense.
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Beltz 10 Pilot Test Site Preparation 01 14 00 - 4 Work Restrictions
3. Such measures may include placement of aggregate base, temporary stabilized access routes, or similar ground stabilization methods as necessary. If aggregate bases is placed, it shall be a size that cars can drive over it.
4. All wet weather BMPs (except aggregate base) shall be removed upon completion unless otherwise directed by the City.
1.06 SITE SAFETY AND SECURITY
A. The Contractor will be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor will take all necessary precautions for the safety of the site and will provide the necessary protection to prevent damages, injury, or loss to: (1) all persons on the Site who may be affected by the Work; (2) all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and (3) other property at the Site or adjacent thereto, including trees, shrubs, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.
B. The Contractor will comply with specification 01 35 23, all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and will erect and maintain all necessary safeguards for such safety and protection.
C. The Contractor will be solely responsible for safety training and documentation. Contractor will provide the City with Contractor’s Injury and Illness Prevention Plan and site safety plan with designated safety officer. All employees will be current on all safety training and Contractor will provide training documentation for all employees.
D. The Contractor will ensure the site is secure at the end of each day and will comply with all City security procedures. The City is not responsible for lost, stolen, or vandalized equipment or materials staged at the Work Site.
1.07 CONSTRUCTION NOISE
A. All work shall be performed in accordance with local noise ordinances, including Santa Cruz County sound control and noise level regulations, as applicable. The noise ordinance is referenced in Section 01 41 33 Environmental Regulatory Requirements 1.02 B 11.
1.08 PROCESS AND SYSTEM SHUTDOWN CONSTRAINTS
A. Existing City-owned systems, utilities or equipment will be isolated, decommissioned, de-energized, or depressurized only by the Owner’s
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Beltz 10 Pilot Test Site Preparation 01 14 00 - 5 Work Restrictions operations personnel. This work will be done in accordance with the System Outage Request Form and schedule prepared by the Contractor and approved by the City. Contractor shall provide 7 days’ notice to CM of need to turn valve.
B. The Beltz 10 well outage shall be limited to one continuous period encompassing pump removal, well rehabilitation, pump reinstallation, disinfection, testing, and return to service. The outage shall not exceed 22 working days, excluding weekends and City-recognized holidays.
Contractor-caused delays shall count toward the 22-day limit. Separate discharge events within the outage period will not constitute additional well outages but require individual City approval. Schedule and coordinate the outage in accordance with the approved System Outage Request Form.
C. The Contractor will provide all necessary temporary pumps, piping, power, electrical wiring, controls, and labor during and subsequent to all shutdown activities.
D. The City will limit the duration of shutdowns for critical systems. Stated durations are the total time period between when the system is made available to Contractor and when it is ready for return to service. If the Contractor cannot complete the work within the allowed time, Contractor shall immediately request an extension from the City. If the City does not approve the requested extension, Contractor shall complete the work or return the system to operable condition. The City will complete the work if Contractor does not return the system to operable condition as directed.
Contractor is responsible for extra costs or damages incurred by the Contractor or the City to meet these requirements.
1.09 SYSTEM OUTAGE REQUEST PROCEDURES
A. Contractor may not remove from service any existing facilities or utilities unless approved by the City and temporary utilities are provided if required.
B. Reconfirm each outage, utility interruption, valve operation, and discharge event identified in the approved System Outage Request Form with the City and CM at least seven (7) days before the scheduled start. No outagerelated work or discharge shall begin without City approval.
C. Submit a revised System Outage Request Form if the proposed date, duration, scope, sequencing, affected facilities, required personnel or equipment, or other material information differs from the form submitted during preconstruction.
D. System Outage Start Process:
1. Contractor identifies valves/devices for City operation.
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Beltz 10 Pilot Test Site Preparation 01 14 00 - 6 Work Restrictions
2. City reviews the plan and performs isolation and lock-out/tag-out (LOTO).
3. Contractor and City jointly verify all valve/device positions.
4. Contractor implements additional LOTO and provides a revised plan if needed.
5. City witnesses Contractor’s valve/device actions and adds City LOTO.
6. Both parties sign and date two copies of the updated LOTO list.
7. The signed date/time becomes the official outage start.
A. Outage Duration:
1. Outage duration runs until 7:00 a.m. on the final allowed day.
2. City requires an additional 48 hours after the outage to restore plant operation; this period is not included in the outage duration.
B. Outage Completion:
1. Contractor completes work, ensures acceptable bacteriological tests, removes locks, and walks down with City.
2. City removes its locks.
3. Both parties sign and record completion time.
4. Exceeding the approved outage duration may result in liquidated damages.
C. Shutdown Limitations:
1. The City limits outage durations on critical systems.
2. If the Contractor cannot complete work in the allowed time, they must request an extension.
3. If denied, Contractor must finish or return the system to operable condition.
4. If Contractor fails to do so, the City may complete the work, and Contractor is responsible for all related costs/damages.
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1.10 UTILITIES
A. Existing Utilities that are in the vicinity of the project area include:
1. County storm drains.
2. County sewer.
3. PG&E gas, buried electric, and overhead electric lines.
4. City potable and raw water lines.
5. AT&T fiber optic and overhead lines.
6. Comcast Northern California fiber optic lines.
1.11 TEMPORARY WATER AND DISCHARGE MANAGEMENT
1. All work requiring water discharge to raw water pipeline shall be completed by end of December 2026.
2. No direct sanitary sewer connections are available at the Site.
3. No discharges to storm drain are permitted for this project.
4. City staff will turn valves to direct discharge water from Beltz 10 to the raw water pipeline, reclaim tank, and sanitary sewer.
Contractor shall provide seven (7) days’ notice to CM of need to turn valve.
5. Any water generated from construction activities shall be managed as follows:
a. All discharges to sanitary sewer require the use of the raw water pipeline and the Beltz Water Treatment Plant reclaim tank; the use of these systems requires an outage, and
Contractor shall comply with approved System Outage Request Form (Exhibit E).
b. Contractor shall reconfirm each proposed discharge event with the City and CM at least seven (7) days before the scheduled discharge. Provide the proposed start date, estimated volume, anticipated flow rate, and duration.
c. Contractor shall submit a revised System Outage Request Form if this information differs from the previously submitted form.
No discharge shall begin without City approval
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Beltz 10 Pilot Test Site Preparation 01 14 00 - 8 Work Restrictions d. All discharge operations shall be coordinated with facility operations and the Beltz 8 ASR construction project and may not occur without prior City approval.
6. Discharges to the sanitary sewer may be prohibited or limited due to:
a. Rain, per Significant Industrial User Permit 1031 (Exhibit C). b. Shared use of the sanitary sewer pipeline, which may reduce the allowable flow rate as defined in Exhibit C.
7. The Contractor shall provide all temporary piping, pumps, controls, and labor necessary to implement this system.
1.12 MISCELLANEOUS OTHER RESTRICTIONS
A. Smoking: due to the fire hazard, smoking will only be permitted at designated approved areas on the site.
PART 2 - NOT USED
PART 3 – NOT USED
END OF SECTION
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Beltz 10 Pilot Test Site Preparation 01 22 00 - 1 Measurement and Payment SECTION 01 22 00
MEASUREMENT AND PAYMENT
PART 1 - GENERAL
1.01 SUMMARY
A. Section Includes:
1. Apportionment of the Work among the various bid/pay items.
2. Payment for lump sum bid items will be made at the price bid for each item listed in the Bid Sheet form in Exhibit Z or as extra work as provided in the General Conditions.
3. Payment for unit price bid items will be based on the measurements and quantities described in the Bid Sheet form in Exhibit Z . These items include unit price and lump sum price items. Variations in bid quantity will be as provided in Article 13 of the General Conditions and defines how work items are measured and paid for on Unit Price Contracts.
1.02 ALL WORK – GENERAL
A. Predecessors to Payment
1. Initial progress payment will not be made prior to approval by the CM of the Construction Progress Schedule, the Subcontractor Payment Report, and the Schedule of Submittals.
2. No subsequent progress payment will be made prior to receipt by the CM of the monthly revision of the Construction Progress Schedule and of the Subcontractor Payment Report.
3. No subsequent progress payment will be made prior to receipt by the City of Certified Payrolls for the previous month. If the Certified Payrolls are not complete or contain errors, the City will withhold from payment the gross amount of the portion of previous month’s payroll that is in question until the matter is resolved. Contractor shall provide documentation that certified payrolls have been submitted to the California Department of Industrial Relations.
B. The items indicated in this Section are the same bid/pay items indicated in the Contract and in the Bid Sheet form Form in Exhibit Z and constitute all
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Beltz 10 Pilot Test Site Preparation 01 22 00 - 2 Measurement and Payment pay items for completing the Work. For measurement and payment of individual bid items, refer to Exhibit A Technical Provisions.
C. No direct or separate payment will be made for providing miscellaneous temporary or accessory works, plant or facility services, Contractor’s or Construction Manager’s (CM’s) field offices, layout surveys, Project signs, sanitary requirements, testing, safety provisions and safety devices, Submittals and record documents, water supplies, power and fuel, maintenance of traffic, removal of waste, security, coordination with City’s operations, information technology (including hardware, software, and services) required during construction, bonds, insurance, or other requirements of the General Conditions, Supplementary Conditions, Division 01 Specifications, and other requirements of the Contract Documents.
D. Compensation for all services, items, materials, and equipment shall be included in prices stipulated for the lump sum Work and items of Unit Price Work indicated in this Section and included in the Contract.
E. Each lump sum and unit price shall include an amount considered by Contractor to be adequate to cover Contrator’s overhead and profit for each separately identified item.
F. Payment for items labeled “install” shall include full compensation for all labor, materials, tools and equipment to install City -furnished equipment, complete in place as specified and shown on the Contract Documents.
Payment for all other items shall include full compensation for all labor, materials, tools and equipment to furnish and install the item complete in place as specified and shown on the Contract Documents. Payment for all items shall include associated cleaning, priming, flushing, calibrating and testing.
1.03 UNIT PRICE WORK ITEMS
A. Payment for Unit Price Work at the unit prices indicated in the Contract shall be full compensation to Contractor for the associated Unit Price Work.
B. Where the quantity eligible for payment for a given item of Unit Price Work exceeds the quantity in the Contract for that item, City will pay overruns at the contracted unit price for that item to the extent that underruns in other items of Unit Price Work exist and do not require the City to pay an amount greater than the Contract Price. When necessary, City and Contractor will sign Change Order(s) to adjust quantities of Unit Price Work as appropriate.
C. Unless otherwise indicated in the Contract Documents, measured quantities eligible for payment will be rounded to the nearest whole number.
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Beltz 10 Pilot Test Site Preparation 01 22 00 - 3 Measurement and Payment D. Measurement – General:
1. Measurement for progress payments shall be by, or approved by, Construction Manager based on actual quantities provided in accordance with the Contract Documents. Actual quantities eligible for payment, whether or not included in a prior Application for Payment, are subject to adjustment for corrections, incomplete Unit Price Work, or defective Work.
2. Unless expressly indicated as being included in another item of the Work, or unless otherwise indicated in the Contract Documents, unit prices for all items of Unit Price Work include all related Work and direct and indirect costs necessary for complete and functional Work in accordance with the Contract Documents.
3. Prior to final payment, quantities of Unit Price Work in the Contract will be adjusted to equal the final quantities of Unit Price Work provided in accordance with the Contract Documents and measured by Construction Manager.
E. Payment – General:
1. Progress payments shall be in accordance with the Contract Documents based on estimated quantities provided, paid at the associated unit price for that item as set forth in the Contract.
2. The final payment shall be based on actual quantities, fully installed, tested and placed into service, paid at the bid unit price.
F. Estimated Quantities Included in Contract
1. Estimated quantities for items of Unit Price Work, as included in the Contract, are approximate only and are included solely for purpose of comparing Bids and pricing. City does not expressly or by implication agree that nature of materials encountered below the ground surface, or actual quantities of material encountered or required, will correspond with the quantities included in the Contract on the Effective Date of the Contract, and reserves right to increase or decrease quantities, and to eliminate quantities, as City may deem necessary. Unless indicated otherwise in the
Supplementary Conditions, Contractor or City will not be entitled to adjustment in unit price(s) of Unit Price Work items as a result of change in estimated quantity and agree to accept the unit prices accepted in the Bid as complete and total compensation for additions caused by changes or alterations in the Unit Price Work directed by City.
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Beltz 10 Pilot Test Site Preparation 01 22 00 - 4 Measurement and Payment
1.04 LUMP SUM WORK ITEMS
A. Payment for lump sum items shall be made only upon satisfactory completion of the entire task as determined by the City Representative.
PART 2 - PRODUCTS - (NOT USED)
PART 3 - EXECUTION - (NOT USED)
END OF SECTION
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Beltz 10 Pilot Test Site Preparation 01 35 23 - 1 Safety Requirements SECTION 01 35 23
SAFETY REQUIREMENTS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Establishes General Provisions regarding the Contractor’s role for safety.
1.02 GENERAL PROVISIONS
A. The Contractor must ensure job-site safety and compliance with all pertinent Title 8, California Code of Regulations Cal/OSHA, and Title 29, Code of Federal Regulations (OSHA).
B. Contractor is solely and exclusively responsible for maintaining job-site safety and compliance with all pertinent Groups and Articles set forth in Title 8, California Code of Regulations (Cal/OSHA), and Title 29, Code of Federal Regulations (OSHA) as applicable.
C. The Contractor will appoint an on-site Emergency Response Manager (ERM).
1. The ERM will be the single point of contact for all emergency related matters. This role may be performed by the Contractor’s safety representative.
2. In case of any emergency, the ERM will call 9-1-1 to notify local authorities.
3. In the case of unplanned or unanticipated water supply outages, the ERM will call (831) 420-5457 which is the City 24/7 operations desk.
D. Provide for public safety when working in at any location where the public has access.
1.03 SUBMITTALS
A. Project Health And Safety Plan:
1. The Contractor shall develop a Site Specific Health and Safety Plan (SSHP). This submittal shall be furnished upon request from the City. The City will not approve the SSHP, rather only accept and acknowledge the Contractor has it complete.
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Beltz 10 Pilot Test Site Preparation 01 35 23 - 2 Safety Requirements
END OF SECTION
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Beltz 10 Pilot Test Site Preparation 01 41 33 - 1 Environmental Regulatory Requirements SECTION 01 41 33
ENVIRONMENTAL REGULATORY REQUIREMENTS
PART 1 - GENERAL
1.01 SUMMARY
A. This Section includes:
1. Description of the environmental requirements for this Project.
2. Permits obtained by the City in which the Contractor must meet requirements.
3. List of environmental work activities.
1.02 DESCRIPTION
A. Work Included:
1. Implement required environmental procedures and controls during performance of the Work.
2. Meet with the City Representative prior to commencement of the Work to review the project environmental requirements as applicable to the Contractor’s procedures and to develop mutual understandings relative to compliance with the environmental protection requirements and administration of the Contractor’s environmental pollution control programs.
(a) Exhibit B is the Notice of Exemption from the California Environmental Quality Act for the Beltz 10 ASR pilot project.
This Project is part of an ASR program included in the Santa Cruz Water Rights Environmental Impact Report (EIR) which can be found on the City’s website:
https://www.santacruzca.gov/Government/CityDepartments/Water-Department/Reports-andPlans/Environmental-Documents/Santa-Cruz-Water-RightsProject
1.03 PERMIT REQUIREMENTS
A. Do not create a nuisance or pollution as defined in the California Water Code. Do not cause a violation of any applicable water quality standards for receiving waters adopted by the California Central Coast Regional Water Quality Control Board or the State Water Resources Control Board, as required by the Clean Water Act.
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Beltz 10 Pilot Test Site Preparation 01 41 33 - 2 Environmental Regulatory Requirements B. The Contractor shall comply with the Beltz 10 technical specifications.
C. The Contractor shall include tentative date for discharges in a baseline schedule before construction begins. The Contractor shall provide 7 days’ notice to the CM. Contractor’s notice shall include start date, estimated volume or flow rate and number of days. Discharges conveyed from Beltz Well 10 to the Beltz Water Treatment Plant reclaim tank and the sanitary sewer must comply with the water quality and weather requirements in the 2025-2028 Wastewater Significant Industrial User Discharge Permit issued by the Santa Cruz County Sanitation District (Exhibit C).
1. No discharges can occur during significant rain events (0.2 - 2.0 inches/hour); discharge may resume 48-hrs after significant rain events.
2. Coordinate with the City on available flow rate since there may be ongoing discharges from the facility that limit the amount of discharge allowed from Beltz Well 10 work.
D. The City of Santa Cruz operates Beltz Well 10 as a groundwater well permitted by the California Division of Drinking Water. All products used in the Beltz 10 well and raw water pipeline must be NSF 60/61 certified.
Contractor shall submit the Material Safety Data Sheet(s) (MSDS) to the City Representative for review and approval prior to use and application of the products.
1.04 ENVIRONMENTAL WORK ACTIVITIES:
A. Contractor shall be responsible for all costs of disposal of construction and demolition waste material and liquid wastes generated by Contractor’s work.
B. Contractor shall properly contain, remove, and dispose of waste regularly to avoid attracting wildlife.
C. Contractor shall transport and dispose of materials in accordance with all local, state, and federal laws, rules, and regulations.
D. The Contractor shall not disturb active bird nests. The nesting season is February 1 to August 30. Restrictions may be placed on work in close proximity to a bird nest if a buffer is recommended by a biologist representing the City. Perform work in a manner that complies with the Migratory Bird Treaty Act (MBTA) of 1918 and California Department of Fish and Game Code Section 3503, 3503.5, and 3513 (in addition to the Federal Endangered Species Act and California Endangered Species Act for listed birds).
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Beltz 10 Pilot Test Site Preparation 01 41 33 - 3 Environmental Regulatory Requirements E. The Beltz Well 10 site is unpaved and has several trees. Tree protection shall be implemented for all trees in proximity to construction operations.
Heavy equipment such as a pump rig, storage tanks for groundwater, and vehicles, shall not be located underneath the canopy of a tree. Appropriate buffer distances shall be identified by the City and implemented by the Contractor to ensure the root zones and canopies of residual trees are not damaged during construction activities. No tree or vegetation trimming, clearing or removal is authorized. Any trees that are damaged or die during construction are the responsibility of the Contractor to replace.
F. Contractor shall implement pollution prevention controls. No debris, soil, silt, sand, bark, slash, sawdust, asphalt, rubbish, paint, oil, cement, concrete or washings thereof, oil or petroleum products, or other organic or earthen materials from construction activities shall be allowed to enter into storm drains or surface waters or be placed where it may be washed by rainfall or runoff outside the construction limits.
1. When operations are completed, excess materials or debris shall be removed from the work area in accordance with all applicable regulations.
2. All hazardous or toxic materials that could be deleterious to aquatic life that could be washed into State waters or their tributaries shall be contained in water tight containers or removed from the project site. Contractor shall prevent concrete dust from entering stream flow at any time.
G. Excess material shall be disposed of in locations approved by the City Representative consistent with all applicable legal requirements and disposal facility permits.
1. Any chemical or hazardous material used in the performance of the Work shall be handled, stored, applied, and disposed of consistent with all applicable federal, state, and local laws and regulations.
2. Contractor must follow the City’s Integrated Pest Management (IPM) policy for herbicides or pest management. Use of Pesticides Containing Glyphosate for Weed Abatement is prohibited.
H. Spill Prevention
1. Clean up all spills and immediately notify the City Representative in the event of a pollutant or potential pollutant spill. Spill kits are to be ready and available on site at all times.
2. Stationary equipment such as motors, pumps, and generators, shall be equipped with drip pans. Secondary containment with walls shall be no less than 12 inches in height is required for work with
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Beltz 10 Pilot Test Site Preparation 01 41 33 - 4 Environmental Regulatory Requirements hazardous fluids (cans of fuel, paints, solvents), chemicals or petroleum products that could contaminate the soil or surface water.
Secondary containment shall be used for loose cans of fuel or other hazardous materials if not otherwise stored in a hazardous materials storage area.
I. Use best management practices (BMPs) to control erosion and trap sediment onsite. Prevent equipment and vehicle tires from tracking out onto the street. See Technical Specifications Section 107 for information on BMPs.
J. Furnish all labor, equipment, and means required and carry out effective measures wherever, and as often as necessary, to prevent Contractor’s operations from causing visible dust emissions to leave the work areas.
K. Noise and Emissions Control:
1. Contractor shall limit equipment idling to 5 minutes. Sensitive receptors are adjacent to the Beltz Well 10 site which is in a residential neighborhood.
2. Santa Cruz County Code noise ordinances are 8.30.010, 8.30.030, and 13.15.040. Beltz Well 10 ASR pilot project is a feasibility study being conducted by a public agency for the public’s health, welfare and safety.
3. Schedule work to be performed during working hours per Work Restrictions 01 14 00. No work prior to 8 am.
4. Furnish all labor, equipment and means required to minimize temporary increases in ambient noise levels during construction to comply with the City’s Good Neighbor Policy.
5. Contractor is informed that criminal and/or civil penalties may be imposed on any person who violates any rule, regulation, permit or Order of the California Air Resources Board or Monterey Bay Air Resources District that is adopted to control and contain air emissions.
6. Contractor shall be responsible for determining and acquiring any approvals and preparing any related plans from the Monterey Bay Air Resources District.
7. All construction equipment shall be properly serviced and maintained in good operating condition to reduce emissions.
Contractor shall make copies of equipment service logs available upon request.
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Beltz 10 Pilot Test Site Preparation 01 41 33 - 5 Environmental Regulatory Requirements PART 2 - NOT USED
PART 3 - EXECUTION
END OF SECTION
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Aquifer Storage and Recovery Exhibit A – Technical Provisions Beltz 10 Pilot Test Site Preparation
EXHIBIT A
TECHNICAL PROVISIONS
Exhibit Follows
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SANTA CRUZ WATER DEPARTMENT
BELTZ 10 ASR PILOT TEST PROJECT
TECHNICAL PROVISIONS
Section 100 - Intent of Contract Documents
Section 101 - Purpose
Section 102 - Location
Section 103 - Site Conditions
Section 104 - Qualifications of Contractor
Section 105 - Construction Schedule
Section 106 - Overview of Work to be Done
Section 107 - Other Work Required
Section 108 - Services Provided to Contractor
Section 109 - Water Supply for Construction
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SECTION 100 - INTENT OF CONTRACT DOCUMENTS
It is the intent of the Contract Documents to provide the Santa Cruz Water Department (SCWD) with 1) preparation of the Beltz 10 well for an aquifer storage and recovery (ASR) pilot test program, and 2) the installation of ASR facilities in the well and at the site to facilitate the ASR pilot test.
SECTION 101 - PURPOSE
The purpose of the project is to prepare the existing Beltz 10 municipal production well for ASR pilot testing and to install equipment in the well and an above-ground injection piping system at the site to allow ASR pilot testing to be performed. The information developed during the ASR pilot test program will be utilized by the SCWD to evaluate the Beltz 10 well as a potential permanent ASR well to increase community water supplies.
SECTION 102 - LOCATION
The site is located on 34th Ave in the Live Oak area of Santa Cruz County as shown in Figure 1. It will be the responsibility of the Contractor to have inspected the site and to make provisions for physically moving onto and off the site with personnel, equipment and supplies, and material.
SECTION 103 – SITE CONDITIONS
The Beltz 10 well site is located in the western portion of the Santa Cruz Mid-County Groundwater Basin (MGB). The Purisima Aquifer constitutes the western portion of the MGB.
The hydrogeology of the Purisima Aquifer has been documented in detail in reports prepared by the United States Geological Survey (USGS), the California Department of Water Resources (DWR), and various individual consultants and consulting firms. These documents describe the stratigraphy, structure, and hydraulic characteristics of the regional aquifer systems. As described, the Purisima Aquifer consists of several distinct zones within the geologic Purisima Formation (Tp). The Purisima Formation is a consolidated to semi-consolidated marine sandstone with siltstone and claystone interbeds and an uneroded thickness of approximately 2,000 feet. The Purisima Aquifer has been subdivided by Johnson (2004) into hydrostratigraphic units (from youngest to oldest, Aquifer Units F through Tu) for purposes of conceptualizing the distribution of hydrogeologic properties and pumping stresses. Underlying the Purisima Formation are older sedimentary formations, the presence of which varies depending on location.
The hydrostratigraphy of the Beltz 10 site is well established from the lithologic and geophysical logs for the well suggests the following stratigraphic interpretation:
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Table 1. Site Hydrostratigraphy
Hydrostratigraphic
Unit
Depth
(ft bgs)
Thickness
(feet)
A Aquifer Unit 0 – 170 170
AA Aquifer Unit 170 – 365+* 195+
* - Total depth of borehole
Due to the dip in the formation, only remnants of the Purisima Formations lower-most strata occur within the SCWD service area, and the younger Aquifers F through B stratigraphic units are not present at the Beltz 10 well site.
The Beltz 10 well was drilled and constructed in 2004. An as-built schematic of the well is presented in Figure 2 and a summary of the as-built well construction features of the well is presented below in Table 2:
Table 2. As-Built Well Construction Summary
Design Feature As-Built Comment
Total Well Depth (ft bgs) 360
Seal Depth (ft bgs) 80 10.5-sack cement sand slurry
Casing and Screen Material Stainless Steel 8-in-dia Blank and Screen Screen Intervals (ft bgs)
110 – 140
200 – 270
300 – 325
335 – 355
A Unit
AA Unit
AA Unit
AA Unit
Total Screen Length (feet) 155
Perforation Aperture
0.040-in slots
0.030-in slots
0.020-in slots
Stainless Steel Wire-Wrapped
Gravel Pack (gradation)
8 x 20
12 x 20
16 x 30
RMC Pacific Materials
Cellar Section (ft bgs) 355 – 360
The well is equipped with a 25 HP Grundfos pump (model 300S250-7AA) rated for 250 gpm at 290 feet of total dynamic head (TDH) set to a depth of 185 feet on 4-in-dia CertaLok PVC drop pipe. The existing electrical service at the site consists of 200-amp service with a variable frequency drive (VFD) rated for 25 HP.
SECTION 104 - QUALIFICATIONS OF THE CONTRACTOR
Contractor shall hold a valid Class C-57/C-61 California Contractor's License. Contractor also shall have a minimum of 5 years of experience in well servicing and rehabilitation work.
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Equipment necessary for preparing the existing Beltz 10 well for ASR pilot testing shall include, but not be limited to, the following items:
• Pump rig capable of lifting the bailer or surge block at a minimum velocity of 3 feet/second at the bottom of the well
• Fishing (debris retrieval) tools (as necessary)
• 8-inch-nominal-diameter Nylon brush block (weighted)
• AquaFreed process equipment and materials
• 8-inch-nominal-diameter by 10-foot separation, dual-swab isolation tool with air-lift pumping capability
• Portable storage tank(s) for temporary storage and solids settling of well discharge water
• Pump(s) for transferring fluids from storage / settling tank(s) to connection to existing Raw Water Pipeline at the Beltz 10 well head discharge piping • Temporary piping and valves for well pump discharge and storage tank piping The Contractor shall be solely responsible for the condition of his equipment and shall maintain an inventory of necessary spare parts for the timely repair of equipment in the event of a failure or breakdown. No payment shall be made for standby time or equipment rental caused by a breakdown or failure of the Contractor's equipment.
SECTION 105 - CONSTRUCTION SCHEDULE
Prior to issuance of notice-to-proceed (NTP), SCWD will provide Notice to Begin Preconstruction Activities. The Contractor is required to submit Section 01 14 00 submittals within 72 hours upon receipt of Notice to Begin Preconstruction Activities.
It is anticipated that the SCWD will issue notice-to-proceed (NTP) on or about November 2, 2026. The Contract Times will commence to begin on the date of the NTP. The work is to be completed within fifty-nine (59) calendar days of NTP. Refer to Section 01 14 00 for SCWD closures. No site work will be permitted on SCWD-recognized holidays. Work during the SCWD’s winter office closure will not be permitted unless specifically authorized in writing by the SCWD and CM. The Contractor shall account for all holiday and office closures in the Baseline Construction Schedule.
The Beltz 10 Well Outage shall be scheduled and completed within the outage duration specified in Section 01 14 00.
The Contractor shall perform work on an approximate 8-hour per day schedule, between the hours of 8 a.m. and 5 p.m., Monday through Friday, and without significant delays. It is understood that the Contractor will anticipate any adverse weather conditions and will take the necessary measures to ensure that work will progress to the completion of the project.
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The Contractor shall submit a detailed Baseline Construction Schedule, including required outages, within 72 hours after receipt of the Notice to Begin Preconstruction Activities, in accordance with Section 01 14 00.
SECTION 106 - OVERVIEW OF WORK TO BE DONE
Work includes the furnishing of all materials, labor, equipment, fuel, tools, transportation, and services for well rehabilitation/cleaning, temporary fluid storage and settling facilities necessary to complete the work outlined in these specifications and as directed by the CM.
Preparation of Well for ASR
The downhole preparation (i.e., cleaning/rehabilitation) of the existing Beltz 10 well for ASR pilot testing generally consists of the following:
1. Prior to the beginning of the work, the contractor shall confirm that the existing submersible pump is operational.
2. Pre-rehabilitation pumping test.
3. Removal of the existing pump and appurtenances from the well for cleaning, inspection and temporary protection and storage.
4. Pre-rehabilitation video surveying.
5. Nylon brushing the well screen.
6. Bailing the well to bottom.
7. AquaFreed treatment.
8. Simultaneous air-lift pumping/swabbing of the well screen.
9. Post-rehabilitation acceptance video surveying.
10. Post-rehabilitation pumping test.
ASR Pilot Test Setup
The ASR Pilot Test Setup work generally consists of the following:
1. Fabrication of new steel well head seal plate and discharge head.
2. Reinstallation of existing pump, new injection drop tubes and AquaGard injection pipe, and related appurtenances
3. Well disinfection.
4. Installation of above-ground injection and discharge piping, valving and metering.
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SECTION 107 - OTHER WORK REQUIRED
Compliance with Applicable Laws and Regulations
The Contractor shall perform all work in strict accordance with all Federal, State, and local regulations, including those applying to the handling, transportation, and disposal of chemicals used or produced on the project.
Safety
Job site safety, both during and after working hours, is the sole responsibility of the Contractor. The Contractor, his employees and subcontractors shall be familiar with and comply with all applicable safety regulations and guidelines relating to the transportation, handling, and disposal of any chemicals to be utilized for the work as well as other aspects of the work, including electrical and mechanical safety guidelines and regulations. The Contractor shall also provide for and ensure public safety around the site both during and after work hours. The Contractor shall notify local fire department or emergency response agencies of the nature, quantity, and location of chemicals used during the project work (as applicable). Contractor must comply with all SCWD Safety requirements (refer to Section 01 14 00 for SCWD Safety and Security Requirements).
Best Management Practices
The Contractor shall implement, install, and maintain Best Management Practices (BMPs) for the control of nuisance water and storm water. The BMPs shall be adequate to prevent erosion and runoff of sediment laden water from the work site. The BMPs shall also be adequate to prevent the accidental release of nuisance water from the sites, and shall include, but not be limited to, the use of waddles, sandbags, and pumps. Per 01 41 33, BMPs shall also prevent equipment and vehicle tires from tracking out onto the street. The BMPs for the project shall be submitted to and approved by the CM prior to mobilization.
Discharge Water
Project discharges during Beltz 10 rehabilitation/cleaning will be directed to the existing 6- in-dia Raw Water Pipeline that conveys discharge water from Beltz 10 to the Beltz Water Treatment Plant (WTP) as shown on Figure 3. As shown, the Raw Water Pipeline distance from the Beltz 10 site to the Beltz WTP site is approximately 1,500 feet. Turbid fluids from the rehabilitation/cleaning of the Beltz 10 well will be directed via the Raw Water Pipeline to an existing 70,000-gallon Reclaim Tank located at the Beltz WTP site for disposal via the sanitary sewer system. Refer to Section 01 41 33 for SCWD discharge permit requirements and limitations. This tank drains at approximately 75 gpm to the sanitary sewer. A minimum of one internally baffled, approximate 5,000-gallon capacity tank shall be used to maximize the settling of solids prior to discharge of the decanted fluids to the Raw Water Pipeline. The Contractor shall provide and install piping from the temporary holding tanks to designated discharge location and a transfer pump of sufficient production capacity and horsepower to convey discharge water during Beltz 10 rehabilitation/cleaning to the Beltz WTP Reclaim Tank via the Raw Water Pipeline.
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SCWD staff will be responsible for turning valves in the Raw Water Pipeline system to allow water to flow to the Beltz WTP Reclaim Tank. Contractor shall provide seven (7) days’ notice to CM of need to turn valves. For each discharge event involving the Raw Water Pipeline or Beltz WTP Reclaim Tank, the Contractor shall comply with the System Outage Request procedures of Section 01 14 00. Reconfirm each proposed discharge event with SCWD and the CM at least seven (7) days before the scheduled discharge. Provide the proposed start date, estimated discharge volume, anticipated flow rate, and duration. Submit a revised System Outage Request Form if this information differs from the form submitted during preconstruction. No discharge shall begin without written SCWD approval
SECTION 108 - SERVICES FURNISHED BY SCWD
The SCWD will conduct an active public information effort to keep neighbors informed of project status and respond to neighborhood concerns. Neighbors will be provided with telephone numbers for contacting SCWD staff and the CM. The Contractor should not communicate directly with the public. The Contractor should refer any inquiries to SCWD staff.
SECTION 109 - WATER SUPPLY FOR CONSTRUCTION
Water supply will be made available by the SCWD from an existing hydrant and backflow preventer (BFP) located on the site. Follow the process described in General Specifications. The Contractor is responsible for conveyance of water to point of use.
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SANTA CRUZ WATER DEPARTMENT
BELTZ 10 ASR PILOT TEST PROJECT
SECTION 200 - DOWNHOLE REHABILITATION/CLEANING OF BELTZ 10 WELL Section 201 - Background
Section 202 - Scope of Work
Section 203 - Procedures
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SECTION 201 - BACKGROUND
The SCWD desires to prepare the existing Beltz 10 municipal production well for ASR pilot testing via various means to clean (or “rehabilitate”) the well screen and gravel pack of solids that may be present which could lead to well plugging during injection testing. As shown in Figure 2, Beltz 10 is completed to a depth of 355 feet with stainless steel blank casing and well screen.
The well screen is of the continuous wire-wrap design at various intervals between the depths of 100 and 355 feet (total screen length is 155 feet), with a cellar section between the depths of 355 and 360 feet. The well is equipped with a submersible pump assembly with the following general specifications:
Pump: Grundfos 300S250-7AA
Motor: 25 HP
Column: 4-in-dia CertaLok PVC
Setting: 185 feet
Static water level in the well is anticipated to be approximately 40 to 50 feet below ground surface (bgs).
SECTION 202 - SCOPE OF WORK
The Contractor shall provide all equipment, labor, temporary fluid storage and conditioning facilities to complete the work outlined in these specifications, and as directed by the CM.
Generally, the work shall consist of:
• Pre-rehabilitation pumping test
• Removal of the existing pump and appurtenances from the well • Pre-rehabilitation video surveying
• Nylon brushing the well screen
• Bailing the well to bottom
• AquaFreed treatment
• Simultaneous airlift pumping/swabbing
• Post-rehabilitation acceptance video surveying
• Post-rehabilitation pumping test
SECTION 203 - PROCEDURES
The Contractor shall, under the direction of the CM or his representative, remove the existing pump and related appurtenances from the well and then perform development work on the well to remove deleterious material from the casing and screens. The work shall be performed according to the following schedule, with allowances for the effectiveness of treatment as determined by the CM.
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SCHEDULE OF WORK
Task 1. Mobilize Contractor's equipment.
Task 2. Perform pre-rehabilitation step-rate pumping test.
Task 3. Remove existing submersible pump assembly, column pipe and appurtenances from the well. Remove from site for cleaning, inspection and temporary storage at Contractor’s facility / yard. Prior to removal from the site, the discharge head, column pipe, submersible pump cable and pump/motor assembly shall be clearly marked as SCWD property and the existing condition photo-documented. Pump and motor assembly shall be stored indoors and protected from the elements until reinstallation. Column pipe may be stored outdoors, but the ends of each joint shall be covered to prevent entrance of small animals or other potential nuisances.
Provide inspection report with recommendations for repair and replacement of components, as warranted.
Task 4. After a period of no less than 12-hours following the removal of the pump from the well, the Contractor shall perform a video survey of the well. The video survey shall include downhole and sidescan views of the well screen and shall be performed as directed by the CM.
Task 5. Brush well screen using weighted Nylon brush. Each 10-foot section of well screen shall be brushed for 20 minutes.
Task 6. Bail well to bottom to remove all material produced from the brushing operation.
Bailed solids and fluids shall be placed in the temporary containment vessel.
Task 7. Perform AquaFreed treatment of well. The well will be sealed to direct the carbon dioxide through perforated interval of the well. Depending on the casing diameter, either a packer or a temporary 1” thick plate welded to the casing will be used to effectively seal the well. The well will be sealed for a period of approximately 12 hours following treatment, at which time the well will be vented to the atmosphere.
Task 8. Install temporary piping to route well discharge into the temporary storage tank(s).
The discharge piping shall contain valves, fittings, and ports to allow for routing of produced water from the temporary storage tanks to the designated discharge connection to the Raw Water Pipeline on the Beltz 10 wellhead piping shown in Figure 4. The temporary storage tank(s) shall be connected in series, baffled or otherwise configured to allow and facilitate the settlement of solids from the produced water during dual-swab airlifting (Task 9). The disposal location will be the existing Reclaim Tank located at the Beltz WTP. Refer to Section 01 41 33 for SCWD site cleanup requirements
Task 9. Using the dual-swab assembly fitted with air-line, pump while simultaneously swabbing each 10-foot screened section for 30 minutes, starting from the top of the screen and working down to the bottom of the well screen. The procedure shall be repeated starting from the bottom of the screen and working to the top of the well screen, or until the CM determines that airlift/swabbing of each section is complete, and the discharge is clear.
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Task 10. After a period of no less than 24-hours following Task 9, the Contractor shall perform a video inspection of the well casing. The video survey shall include downhole and sidescan views of the well screen and shall be performed as directed by the CM. The video survey shall verify that the well is free of structural damage and clear of all debris to total depth.
Task 11. Following reinstallation of pump assembly with new discharge head/seal plate, injection drop and sounding tubes and AquaGard injection piping per Task 14 of ASR Pilot Test Setup below, perform post-rehabilitation step-rate pumping test.
Task 12. Demobilize Contractor's equipment, remove storage tank(s) and remove all rubbish, empty containers, and waste material from site. The residues removed from the well during the project (i.e., from bailing, settled solids in tanks, etc.,) shall be legally disposed offsite by the Contractor. The Contractor shall restore all temporary work areas by restoring them to their original grade and leave the site ready for use by the SCWD (refer to Section 01 41 33 for SCWD site cleanup requirements).
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SECTION 300 – ASR PILOT TEST SETUP
Section 301 - Background
Section 302 - Scope of Work
Section 303 - Procedures
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SECTION 301 - BACKGROUND
The SCWD is investigating the feasibility of an ASR project to meet projected shortfalls in water supplies during extended droughts. The project would involve the diversion of “excess”1 winter and spring flows from the San Lorenzo River (SLR) via the Tait Street and/or Felton Diversion facilities, which would be treated to potable standards at the Graham Hill Water Treatment Plant (GHWTP), then conveyed through the existing (and/or improved) water distribution system(s) to ASR wells located in the Santa Cruz Mid-County Groundwater Basin (MGB) and/or the Santa Margarita Groundwater Basin (SMGB) for injection, storage and later recovery when needed.
Based on the favorable results of a Phase 1 Technical Feasibility Investigation and previous Phase 2 ASR pilot tests at other existing Beltz wells (Beltz 8, 9 and 12), the SCWD desires to advance the ASR feasibility investigation to Phase 2 ASR pilot testing at its existing Beltz 10 municipal production well in the MGB. The overall objective of the Phase 2 pilot testing is to empirically determine specific well performance, hydrogeologic and water-quality factors that will allow a technical and economic viability assessment of ASR technology at the Beltz 10 well.
If shown feasible, the data gathered will also be used to provide design basis information for a permanent project at the well.
Following downhole preparation of the well for ASR (Section 200), an ASR pilot test setup, generally consisting of injection drop tubes, miscellaneous above-ground piping, valving and metering will be installed by the Contractor for ASR testing at the facility by the SCWD.
SECTION 302 - SCOPE OF WORK
The Contractor shall provide all equipment, supplies and labor to complete the work outlined in these specifications, and as directed by the CM. Generally, the work shall consist of:
• Fabrication of steel well head seal plate and discharge head • Reinstallation of existing pump assembly, installation of new injection drop tubes and sounding tube, AquaGard injection piping and related appurtenances • Well disinfection
• Installation of above-ground injection and discharge piping, valving and metering • Performance of work in compliance with Environmental Regulatory Requirements SECTION 303 - PROCEDURES
Contractor shall, under the direction of the CM or his representative, provide and install a fabricated well head seal plate and discharge head, injection drop tubes, and miscellaneous 1 “Excess” flows are those flows that exceed SCWD demands and in-stream flow requirements and are within City water rights.
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piping, valves, meter, and fittings at the site. The work shall be performed according to the following schedule:
SCHEDULE OF WORK
Task 13. Mobilize Contractor's equipment and supplies.
Task 14. Fabricate special steel well head seal plate and discharge head generally as shown on Figure 4. The steel discharge head shall be epoxy coated and lined. Exterior color to match existing piping and to be approved by Owner. The seal plate shall be flanged with a gasket, and the various ports sealed to create a water-tight seal on the well casing. The 4-in-dia discharge head elbow shall be slightly offset as needed in order to accommodate the 1.5-in-dia injection drop tubes, sounding tube, submersible pump cable and AquaGard injection piping in the annular space between the well casing and pump column pipe (refer to Task 15). Contractor shall provide a shop drawing for SCWD and CM review and approval prior to installation.
Task 15. Reinstall existing submersible pump (Grundfos 300S250-7AA [25 HP] set to a depth of approximately 185 feet on existing 4-in-dia PVC CertaLok column pipe. Install two (2) 1.5-in-dia Sch 40 PVC injection drop tubes generally as shown on Figure 5.
Injection drop tubes shall be F480 flush-threaded set to a depth of approximately 80 ft. Special orifice caps for each tube will be provided by the CM for injection flow control. Install one (1) 1-in-dia Sch 40 PVC water-level sounding tube set to a depth of approximately 185 ft. Injection drop tubes and sounding tube shall be strapped to the pump column pipe with stainless steel bands spaced no more than 10-ft apart to prevent movement downhole during injection operations. Sounding tube shall be perforated on the bottom 5 feet and the bottom of the tube shall be capped. Install one (1) 0.5-in-dia stainless steel AquaGard injection pipe to a depth of approximately 355 feet.
Task 16. Chlorinate well and pump assembly in accordance with State Well Standards and flush the chlorinated well water into the Raw Water Pipeline and Reclaim Tank at the Beltz WTP until the produced water is free of chlorine. Complete flushing shall be evidenced by a free chlorine residual of less than 0.02 ppm.
Task 17. Install above-ground piping, valving, metering to route injection supply water to well, and discharge water from well to the Raw Water Pipeline as shown on Figure 6. All materials shall be NSF-61 Certified (as applicable). Following installation, piping system shall be pressure tested and disinfected in accordance with ANSI/AWWA Standard C651-05.
Task 18. Demobilize Contractor's equipment and all waste material from the sites. The Contractor shall restore all temporary work areas by restoring them to their original grade and leave the site ready for use by the SCWD (refer to Section 01 41 33 for SCWD site cleanup requirements).
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A! !U
BELTZ #10 BELTZ #7
Source: Esri, Vantor, Earthstar Geographics, and the GIS User Community September 2026
Project No. 24-0064
LEGEND
SCWD Boundary
A! SCWD Production Well
!U SCWD Monitoring Well
²0 25 50 100
Feet
1 inch = 50 feet FIGURE 1. SITE LOCATION MAP
ASR Pilot Test Project - Beltz 10
Santa Cruz Water Department
A!
BELTZ #10
Sources: Esri, HERE, Garmin, USGS, Intermap,
INCREMENT P, NRCan, Esri Japan, METI, Esri
China (Hong Kong), Esri Korea, Esri (Thailand),
NGCC, (c) OpenStreetMap contributors, and the
GIS User Community
34th Ave
Roland Dr
Private Road - Do Not Enter
Site Entrance/Exit
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0 80
100
140
200
270
300
325
335
355
360
365
September 2026
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FIGURE 2. AS-BUILT WELL SCHEMATIC - BELTZ 10
ASR Pilot Test Project - Beltz 10
Santa Cruz Water Department
NOT TO SCALE
A Unit
AA Unit
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A!
A!
A!
Rodeo Creek Gulch
Stream 472
Beltz #9
Beltz #8
Beltz #10
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community, Source: Esri, Vantor, Earthstar Geographics, and the GIS User Community September 2026
Project No. 24-0064
LEGEND
A! SCWD Production Well
Raw Water Pipeline
Creek
² 0 250 500 1,000
Feet
1 inch = 500 feet FIGURE 3. BELTZ RAW WATER PIPELINE MAP ASR Pilot Test Project - Beltz 10
Santa Cruz Water Department
Beltz WTP Reclaim Tank and
Sanitary Sewer Connection Location
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FIGURE 4. ASR PILOT TEST WELL HEAD SEAL PLATE SCHEMATIC ASR Pilot Test Project - Beltz 10
Santa Cruz Water Department
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FIGURE 5. INJECTION DROP TUBE DETAIL
ASR Pilot Test Project - Beltz 10
Santa Cruz Water Department
T
Pressure Gauge
(0 - 60 psi)
Gate Valve
(1.5-in-dia)
Galv. Steel Nipple
(1.5-in-dia)
Galv. Steel "T" Fitting
(1.5-in-dia)
1.5-in-dia Sch. 40 F480 Flush Thread PVC Pipe
(*apply PVC glue to thread joints)
(**secure pipe to column pipe at 10 ft intervals)
80 ft
OTR-Provided Sch. 40 PVC
F480 PVC Flush Thread Orifice Cap
(1.5-in-dia)
* apply PVC glue to thread joints
Note: All materials shall be NSF-61 certified (as applicable) Ball Valve
(1/4-in-dia)
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FIGURE 6. ASR PILOT TEST ABOVE-GROUND PIPING SCHEMATIC
ASR Pilot Test Project - Beltz 10
Santa Cruz Water Department
P
P
INJECTION SUPPLY
(connected to SCWD-provided
BFP located within ~125 ft.)
S.P.
P P
S.P.
S.P.
P
M
Temporary
1.5-in-dia PVC piping
to injection drop tubes
Temporary
3-in-dia PVC piping
Fabricated
Wellhead Seal Plate
Existing
4-in-dia steel above-ground piping
(no modifications anticipated)
TO EXISTING 6-IN-DIA
RAW WATER PIPELINE IN 34TH AVE
INJECTION SUPPLY
flush to waste to raw water pipeline
M
Note: existing piping is shown in grey
and new piping to be provided by Contractor
is shown in black
C
C
M
P
S.P.
LEGEND
Valve (gate, ball or butterfly)
Flow Meter
Pressure Gauge (0 - 60 psi)
Sample Port with Valve
Check Valve
Note: All materials shall be NSF-61 certified (as applicable)
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Aquifer Storage and Recovery Exhibit A – Technical Provisions Beltz 10 Pilot Test Site Preparation
END OF SECTION
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Aquifer Storage and Recovery Exhibit B – CEQA Notice of Exemption Beltz 10 Pilot Test Site Preparation
EXHIBIT B
CEQA NOTICE OF EXEMPTION
Exhibit Follows
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EXHIBIT B
The Santa Cruz Water Rights Environmental Impact Report (EIR) can be found on the City's website:
https://www.santacruzca.gov/Government/City-Departments/Water-Department/ Reports-and-Plans/Environmental-Documents/Santa-Cruz-Water-Rights-Project
The following pages are the CEQA Notice of Exemption.
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Aquifer Storage and Recovery Exhibit B – CEQA Notice of Exemption Beltz 10 Pilot Test Site Preparation
END OF SECTION
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Aquifer Storage and Recovery Exhibit C – Wastewater Discharge Permit Beltz 10 Pilot Test Site Preparation
EXHIBIT C
WASTEWATER DISCHARGE PERMIT
Exhibit Follows
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SANTA CRUZ COUNTY SANITATION DISTRICT
701 OCEAN STREET, SUITE 410 ∙ SANTA CRUZ, CA ∙ 95060-4073 (831) 454-2160 ∙ FAX (831) 454-2089 ∙ TDD: (831) 454-2123 ∙ WWW.SCCSD.US
MATT MACHADO, DISTRICT ENGINEER
MAY 7, 2025
CITY OF SANTA CRUZ WATER TREATMENT FACILITY
ATTN: JAMES CLARK
715 GRAHAM HILL ROAD
SANTA CRUZ, CA 95060
SUBJECT: WASTEWATER DISCHARGE PERMIT NO. 1031
Dear Mr. Clark:
The Santa Cruz County Sanitation District (District) has re-issued a Wastewater Discharge Permit (attached) for the City of Santa Cruz Water Department, valid for three years. The permit has been updated to reflect current pretreatment regulations. There is one significant change made from the previous permit, please make note of it:
Part II – SPECIAL CONDITIONS/COMPLIANCE SCHEDULES:
During the months of October – April, the SIU shall make provisions to discharge at a rate that does not exceed 75 gallons per minute.
During the months of May – September, the SIU shall make provisions to discharge at a rate that does not exceed 125 gallons per minute.
During all months of the year, the SIU must not discharge during significant rain events (0.2 - 2.0 inches/hour); discharge may resume 48-hrs after significant rain events.
Industrial Wastewater Discharge Self-Monitoring Report (SMR) forms are enclosed that must be used to report sampling results twice per year, due on July 10 and January 10. Please pay special attention to Table 1 on the permit which shows daily maximum discharge limits allowed by the District.
Please sign, date, and return this original letter to acknowledge receipt of the permit and understanding of the requirements no later than May 31, 2025. Please send to:
Attn: Environmental Compliance Unit
Santa Cruz County Sanitation District
2750 Lode Street
Santa Cruz, CA 95062
Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
18.187
CITY OF SANTA CRUZ WATER TREATMENT FACILITY
WASTEWATER DISCHARGE PERMIT NO. 1031
If you have questions or concerns, please contact Marisol Goulett, Environmental Programs Coordinator at (831) 477-3988 or via email at [email protected].
Yours truly,
MATT MACHADO
District Engineer
By:
Beatriz Barranco
Sanitation Operations Manager
Permit received by: ___________________________ Date: _______________________ James Clark
MG/arg:25-058.docx
Attachments:
Wastewater Discharge Permit No. 1031
SMR’s (2 attached)
CC w/ Attachments: James Clark via email: [email protected] Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
18.188
Santa Cruz County Sanitation District
Permit Number 1031 May 2025
1 WASTEWATER DISCHARGE PERMIT
Significant Industrial User
Permit No.: 1031
SIGNIFICANT INDUSTRIAL USER: City of Santa Cruz Water Treatment Facility MAILING ADDRESS: 715 Graham Hill Road, Santa Cruz, CA 95060 ASSESSOR’S PARCEL NUMBER(S): 032-021-31, 030-181-70
The above Significant Industrial User (SIU) is authorized to discharge industrial wastewater to the Santa Cruz County Sanitation District’s (District) sewer system in compliance with the District Code Title 7, Use of Sewers. Compliance with this permit does not relieve the permittee of its obligation to comply with any or all applicable pretreatment regulations, standards, or requirements under local, state, and federal laws, including any such regulations, standards, requirements, or laws that may become effective during the term of this permit.
This permit is granted in accordance with the filed application in the office of the District Engineer, and in conformity with plans, specifications, and other data submitted to the District in support of the above application.
Effective Date: June 1, 2025
Expiration Date: May 31, 2028
____________________
Beatriz Barranco
Sanitation Operations Manager
Facility Name Address
Beltz Well No. 8 3701 Roland Drive, Santa Cruz, CA 95062 Beltz Well No. 12 2750 Research Park Dr., Soquel, CA 95073 Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
18.189
Santa Cruz County Sanitation District
Permit Number 1031 May 2025
2 PART I General Effluent Prohibitions
The permittee shall comply with the prohibitions and limitations on wastewater discharges as stated in the Santa Cruz County Sanitation District Code 7.04.310 Prohibited Wastes Designated.
No person shall discharge or convey, or permit or allow to be discharged or conveyed, to a public sewer any wastewater containing pollutants of such character or quantity that will not be susceptible to treatment or interfere with the process or efficiency of the wastewater treatment system; constitute a hazard to human or animal life, or to the stream or watercourse receiving the treatment plant effluent, constitute a hazard in the use or disposal of wastewater sludge; violate state and federal pretreatment standards or cause the treatment plant to violate its NPDES permit or application receiving water standards.
Specific Limitations on Wastewater Discharges.
The following are the maximum concentrations of pollutants allowable in wastewater discharges to the wastewater treatment system, unless state or federal limits are lower, in which case those limits shall apply. Dilution of any wastewater discharge for the purpose of satisfying these pretreatment standards or any applicable pretreatment standards shall be considered a violation of this chapter and is prohibited.
Any wastes containing constituents in excess of the following are prohibited: Pollutant Concentration, (mg/L)
Pollutant Concentration (mg/L)
Arsenic 0.21
Boron 5.8
Cadmium 1.57
Chromium, total 35.65
Chromium, hexavalent 5.26
Copper 2.17
Cyanide 0.08
Lead 6.04
Mercury 0.32
Nickel 1.15
Silver 0.70
Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
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Santa Cruz County Sanitation District
Permit Number 1031 May 2025
3 Pollutant Concentration (mg/L)
Sulfide (dissolved) 0.2 – monthly average
1.0 – maximum
Vanadium 0.52
Suspendid solids 3,000
Zinc 25.23
pH 5.0 min to 10.0 max.
Total petroleum hydrocarbons 50
Temperature* ≤104°F (40°C)
Oil or grease of animal or vegetable origin 300
MTBE 1.0
Total Toxic Organics** 1.0
Phenols, total*** 150
Phenols, chlorinated**** 0.60
Chlordane 1.48 x 10¯⁵
DDT, o, p 0.011
Dieldrin 9.4 x 10¯⁵
Endosulfan I 0.006
Endrin 0.002
Heptachlor 0.00014
Heptachlor epoxide 1.39 x 10¯⁵
Hexachlorobenzene 23.50
Naphthalene 2,350
Phenanthrene/Anthracene, C1 2,349.99
Anthracene 2,422.68
Fluoranthene 123.38
8-PCB 0.000138859
2, 3, 7, 8-TCDD 2.53 x 10¯⁹
*Temperature not over 104°F (except where higher temperatures are permitted by law) except in no case shall the temperature of the wastewater influent at the treatment plant exceed 104°F
**TTO is defined as the sum of all individual components listed in the Code of Federal Regulations (CFR) at 40 CFR 433.11e with quantifiable concentrattions greater than 0.01 mg/L when measured using test methods approved under 40 CFR 136 or other methods approved for NPDES monitoring, and other toxic organic compounds as determined by the Director.
***Phenols, total, by EPA Method 420.1.
****Phenols, cholorinated, is defined as the sump of 2-chlorophenol, 2,4-dichlorophenol, pentachlorophenol, 2,4,6-trichlorophenol and 4-chloro-3- methylphenol (p-chloro-m-cresol).
Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
18.191
Santa Cruz County Sanitation District
Permit Number 1031 May 2025
4 WASTEWATER DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS The Significant Industrial User shall comply with the effluent limitations specified below for this waste stream. Important Note: Self-monitoring discharge report information shall be submitted on the proper form to the District by no later than July 10 for sampling period one (January 1 - June 30) and by January 10 for sampling period 2 (July 1 - December 31) of each year. Grab samples must be used for pH. Calibration records for pH probes and pH monitoring logs must be maintained on site and available for inspection. Twenty-four-hour composite samples, or other time period approved by the Director are required for all other parameters, using flowproportional techniques where feasible.
TABLE 1
Parameter Daily Maximum Limit
(mg/L)* Sample Frequency Sample Type
Total Suspended Solids 3000 Semi-annual Composite
pH, units Instantaneous limit:
5.0-10.0 Semi-annual Grab
**Arsenic 0.21 Semi-annual Composite
*Unless otherwise noted.
**Sampling requirement for Arsenic is applicable to all well sites where Arsenic Removal is in operation.
SAMPLE POINTS:
Beltz Well No. 8: Reclaim tank drain by main gate at end of Roland Dr. City gates must be opened to access sample point.
Beltz Well No. 12: Reclaim tank # 2 drain on Research Park Drive. City gates must be open to access sample point.
Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring point(s) specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water or substance. All equipment used for sampling and analysis must be routinely calibrated, inspected and maintained to ensure their accuracy. Monitoring point(s) shall not be changed without notification and approval of the District.
All wastewater analyses must be performed by an accredited, state certified laboratory. All pollutant analyses and sampling techniques shall be performed in accordance with the techniques prescribed in CAUTION: Violations of District Sewer Use Codes or the limitations and requirements of this permit will be enforced in accordance with the Enforcement Response Plan.
Analytical Requirements
Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
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Santa Cruz County Sanitation District
Permit Number 1031 May 2025
5 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the District Engineer or other parties approved by EPA.
PART II - SPECIAL CONDITIONS/COMPLIANCE SCHEDULES
1. The SIU shall update as necessary and adhere to an accidental spill prevention plan to eliminate or minimize the accidental or slug discharge of pollutants into the sewer system, which could have an effect on the City's treatment plant, sludge, or cause the District and City to violate their NPDES permit. The plan must be available for review by the District Engineer.
2. The SIU is required to notify the District if there are any process and/or facility changes that might affect the potential for a slug discharge. The District will then re-evaluate slug discharge plan requirements and the user may be required to provide additional controls to prevent the discharge of a slug.
3. The SIU must implement required Best Management Practices detailed in the Santa Cruz County Sanitation District Code section 7.04.510 Subdivision J which reads as follows:
“All business activities shall implement required best management practices (BMPs) as detailed in the latest BMP pamphlet specific to that business published by the SCCSD. New employees shall be trained in best management practices before beginning work and annually thereafter, using the BMP pamphlet as a reference. All facilities that utilize and store hazardous material and/or hazardous waste must have spill response materials and must have employees present on all shifts that are trained to respond to spills. All hazardous materials and waste must be secondarily contained”.
4. The SIU shall maintain the sampling spigots that will be used during compliance monitoring.
5. During the months of October – April, the SIU shall make provisions to discharge at a rate that does not exceed 75 gallons per minute.
During the months of May – September, the SIU shall make provisions to discharge at a rate that does not exceed 125 gallons per minute.
During all months of the year, the SIU must not discharge during significant rain events (0.2 -
2.0 inches/hour); discharge may resume 48-hrs after significant rain events.
PART III REPORTING REQUIREMENTS
1. The Significant Industrial User is required to submit to the District self-monitoring reports on the results of its sampling of the pollutants as specified in Part I of this permit. This report shall Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
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Santa Cruz County Sanitation District
Permit Number 1031 May 2025
6 include the following:
a) Chain of custody form with sample date(s) and time
b) Analytical results including QA/QC data
c) Amount of wastewater discharged during the reporting period d) Self-Monitoring Report form (attached)
All information shall be submitted on the Self-Monitoring Discharger Report form (attached). If the Self-Monitoring Report is over 5 days late, the permit holder will receive a Notice of Violation. If over 45 days late, the SIU will be considered in Significant Non-Compliance (SNC) with pretreatment regulations and the businesses name may be published in the local paper as being in SNC. Failure to comply with monitoring and reporting requirements may result in fines and/or revocation of discharge permit.
Reports required by this permit shall be sent to:
Attn: Environmental Compliance Unit
Santa Cruz County Sanitation District,
2750 Lode Street,
Santa Cruz, CA 95062
2. The SIU shall submit oral notice in the event of an unanticipated bypass, an accidental, or slug discharge that exceeds applicable Pretreatment Standards to the District within 24 hours from the time the SIU becomes aware of the event. A written submission shall be provided within 5 days of the time the SIU becomes aware of the event. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence.
3. The SIU is required to notify the District immediately if there are any process and or facility changes that might affect the potential for a slug discharge. The District will then re-evaluate slug discharge plan requirements and the SIU may be required to provide additional controls to prevent the discharge of a slug.
4. If sampling performed by the SIU indicates a violation, the user shall notify the District within 24 hours of becoming aware of the violation. The SIU shall also repeat the sampling and analysis and submit the results of the repeat analysis to the District within 30 days after becoming aware of the violation.
PART IV STANDARD CONDITIONS
The SIU shall comply with all the general prohibitive discharge standards in Title 7 of the District Code.
1. Right of Entry
Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
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Santa Cruz County Sanitation District
Permit Number 1031 May 2025
7 The SIU shall, after reasonable notification by the District, allow the District or its representatives, exhibiting proper credentials and identification, to enter upon the premises of the User, at all reasonable hours, for the purposes of inspection, sampling, or records inspection.
Reasonable hours in the context of inspection and sampling includes any time the SIU is operating any process which results in a process wastewater discharge to the District's sewage system. Complete facility inspection will be performed by District personnel at least twice per year.
2. Records Retention
a. The SIU shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of the User in connection with its discharge.
b. All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the District shall be retained and preserved by the SIU until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
3. Confidential Information
Except for data determined to be confidential under 7.04.510(H) of the District's Code, all reports required by this permit shall be available for public inspection at the office of the Sanitation District.
4. Recording of Sampling and Analytical Results
For each measurement or sample taken pursuant to the requirements of this permit, the user shall record the following information:
a. The exact place, date, and time of sampling.
b. The name of the samplers.
c. Sample preservation, if any.
b. The dates the analyses were performed.
c. The person(s) who performed the analyses.
d. The analytical techniques or methods used.
e. The results of all required analyses.
5. Dilution
No SIU shall increase the use of potable or process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit. [40 CFR 403.6(d)]
6. Proper Disposal of Pretreatment Sludges and Spent Chemicals The disposal of sludges and spent chemicals generated shall be done in accordance with Section 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act (RCRA).
Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
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Santa Cruz County Sanitation District
Permit Number 1031 May 2025
8 7. Signatory Requirements
All reports required by this permit shall be signed by the principal executive officer or director having responsibility for the overall operation of the discharging facility or duly authorized representative.
All applications, reports, or information submitted to the District must contain the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations”.
8. Revocation of Permit
The permit issued to the SIU by the District may be revoked when, after inspection, monitoring or analysis it is determined that the discharge of wastewater to the sanitary sewer is in violation of Federal, State, or local laws, ordinances, or regulations. Additionally, falsification or intentional misrepresentation of data or statements pertaining to the permit application or any other required reporting form shall be cause for permit revocation.
9. Limitation on Permit Transfer
Wastewater discharge permits are issued to a specific User for a specific operation and are not assignable to another User or transferable to any other location without the prior written approval of the District. Sale of a User shall obligate the purchaser to seek prior written approval of the District for continued discharge to the sewage system.
10. Falsifying Information or Tampering with Monitoring Equipment Knowingly making any false statement on any report or other document required by this permit or knowingly rendering any monitoring device or method inaccurate may result in punishment under the criminal laws of the District, as well as being subjected to civil penalties and relief.
11. Modification or Revision of the Permit
a. The terms and conditions of this permit may be subject to modification by the District at any time as limitations or requirements as identified in the District's Code, are modified or other just cause exists.
b. This permit may also be modified to incorporate special conditions resulting from the issuance of a special order.
c. The terms and conditions may be modified as a result of EPA promulgating a new federal pretreatment standard.
d. Any permit modifications which result in new conditions in the permit shall include a Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
18.196
Santa Cruz County Sanitation District
Permit Number 1031 May 2025
9 reasonable time schedule for compliance of necessary modifications.
12. Duty to Reapply
The District shall notify a User one hundred and eighty (180) days prior to the expiration of the User's Permit. Within ninety (90) days of the notification, the User shall reapply for reissuance of the permit on a form provided by the District.
13. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby.
14. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any invasion of personal rights, nor any infringement of Federal, State or Local regulations.
15. Accidental or Slug Discharge
The SIU shall notify the District immediately upon any accidental or slug discharge to the sanitary sewer as outlined in the Accidental Spill section of the District's Code (7.04.300). Oral notification shall occur within 24 hours of the discharge. Formal written notification discussing circumstances and remedies shall be submitted to the District within 5 days of the occurrence.
16. Notification of Significant Change in Discharge
The SIU shall notify the District in advance of any substantial change in the volume or character of the facility’s discharge. [40 CFR 403.12(j)]
17. Upset
Any upset experienced by the SIU for its treatment that places it in a temporary state of noncompliance with wastewater discharge limitations contained in this permit or other limitations specified in the District's Code shall be reported to the District within 24 hours of first awareness of the commencement of the upset. A detailed report shall be filed within 5 days.
18. Hazardous Waste
The SIU shall notify the District, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other).
19. Noncompliant Discharge Reporting
If the permit holder discovers any discharge which is non-compliant with local or federal discharge standards, then sampling intervals shall be increased to every 30 days until compliance has been attained. If the District has initiated the sampling, then the District may elect to sample Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
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Santa Cruz County Sanitation District
Permit Number 1031 May 2025
10 every 30 days until the industry has attained compliance. All costs including lab costs shall be borne by the permit holder.
20. Bypass
Bypass, meaning the intentional diversion of waste streams from any portion of the SIU’s treatment facility, is prohibited unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. b. There were no feasible alternatives to bypass. This condition is not satisfied if adequate backup equipment should have been installed to in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance.
PLEASE NOTE:
The Significant Industrial User will be held responsible for any costs resulting from a non-compliant discharge. When notified of costs, the permit holder has 90 days to pay said costs or face permit revocation and sewer service termination.
21. Treatment Plant Notification
Any upset or period of noncompliance that the user even suspects shall cause an upset or passthrough at the City's treatment plant shall be reported immediately to the treatment plant at 420-6050 (day) or 420-6043 (night). Failure to do so will result in fines and liability of costs for damages to the treatment plant and the environment.
22. Enforcement Response Plan
Noncompliance with District Codes, permit requirements and discharge limitations will be enforced in accordance with the attached enforcement response plan (District Code Section
7.04.545).
23. Applicable Civil and Criminal Penalties
As written in Title 7 (Section 7.04.530) of the Santa Cruz County District Code:
A. Public Nuisance. Any discharge in violation of the provisions of this chapter, or an order of the District, is a public nuisance.
B. Civil remedies. If any person discharges sewage, industrial waste, or other waste into the treatment system in violation of the provisions of this chapter or any order of the board, the District Counsel may commence an action for appropriate legal and/or equitable relief, in any appropriate court. The District Counsel may also commence such an action for any violation of the pretreatment requirements contained in this chapter. The pretreatment requirements include discharge permit requirements. Such relief may include, but need not be limited to, injunctive relief and damages, whenever such relief is available to the District under the circumstances of the case.
C. Violation—Misdemeanor. Any person who intentionally violates or who violates any provision of this chapter or any regulations of the District is guilty of a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars, imprisonment not to exceed thirty Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
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Santa Cruz County Sanitation District
Permit Number 1031 May 2025
11 days, or both. Civil penalties for violations of Article II of this chapter shall not be less than one thousand dollars per day for each day that a SIU is in violation of the District’s pretreatment program. Fines assessed by any judgment made by the District as a result of noncompliance with District standards and discharge limits shall be paid to the District within fifteen days of the date of the assessment.
D. Continuing Violations. Each day in which a violation occurs or continues to occur shall be a separate and distinct offense. (Ord. 85 §7, 1995; Ord 72 §1 (part), 1991, Ord. 64 §3 (part), 1989: Ord. 3 §6.14, 1973).
24. Response to Violations of District Code
SIUs are required to notify the Santa Cruz County Sanitation District Environmental Compliance Unit (831) 477-3907 within 24-hours of the discovery of a violation of District Code (i.e., a spill or effluent limitation exceeded). In the event that there is an effluent limitation exceeded, the SIU must resample within 30-days.
Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
18.199
INDUSTRIAL WASTEWATER DISCHARGE
SELF-MONITORING REPORT
ATTACH ALL FIELD DATA, CHAIN OF CUSTODY DOCUMENTS, ANALYTICAL REPORTS, AND QUALITY ASSURANCE/CONTROL REPORTS Company name:
Mailing Address:
Facility Premise Address:
Contact Person: Phone No:
Name of Signing Authorized Representative: Phone No:
Sample Frequency:
Sample Type:
Sample Location:
Name of Person Collecting Samples:
Name of Laboratory Performing Analyses:
SAMPLE DATE SAMPLING PARAMETER RESULT UNITS
Certified Statement: Pretreatment standards for this facility including all required Best Management Practices are are not being met on a consistent basis. Sampling has been performed according to the requirements in the permit.
Additional operation and maintenance required to comply is as follows:
Additional pretreatment required to meet standards is as follows:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Signature of Authorized Representative Date
F:\LODE\Industrial Wastewater Pretreatment\SIU\Self Monitoring Report 2006.DOC Rev. 10/06 Docusign Envelope ID: 22AD2545-AECD-487F-8251-E1030BCCCB0F
18.200
Aquifer Storage and Recovery Exhibit C – Wastewater Discharge Permit Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.201
Aquifer Storage and Recovery Exhibit D – Beltz 10 Site Location Map Beltz 10 Pilot Test Site Preparation
EXHIBIT D
BELTZ 10 SITE LOCATION MAP
Exhibit Follows
18.202
A! !U
BELTZ #10 BELTZ #7
Source: Esri, Vantor, Earthstar Geographics, and the GIS User Community July 2026
Project No. 24-0064
LEGEND
SCWD Boundary
A! SCWD Production Well
!U SCWD Monitoring Well
²0 25 50 100
Feet
1 inch = 50 feet FIGURE 1. SITE LOCATION MAP
ASR Pilot Test Project - Beltz 10
Santa Cruz Water Department
A!
BELTZ #10
Sources: Esri, HERE, Garmin, USGS, Intermap,
INCREMENT P, NRCan, Esri Japan, METI, Esri
China (Hong Kong), Esri Korea, Esri (Thailand),
NGCC, (c) OpenStreetMap contributors, and the
GIS User Community
34th Ave
Roland Dr
Private Road - Do Not Enter
Site Entrance/Exit
18.203
Aquifer Storage and Recovery Exhibit D – Beltz 10 Site Location Map Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.204
Aquifer Storage and Recovery Exhibit E – System Outage Request Form Beltz 10 Pilot Test Site Preparation
EXHIBIT E
SYSTEM OUTAGE REQUEST FORM
Exhibit Follows
18.205
City of Santa Cruz Water Program
Plant Outage Plant Shut Down Request Form
Submitted To: City Operations General Contractor Name:
Submittal Address: N/A Request For: Beltz 10 Well and RW Pipeline Revision No. & Date: 0 Requestor Name:
Status: Requestor Contact:
Priority: N/A SOR Duration: Max 22 days
Review Due Date: SOR Start:
Date:
Time:
SOR End:
Date:
Time:
Description of this System Outage Shutdown Request:
Locations:
CM/RE OPS / Maint /
IT
GC
CM/RE OPS / Maint /
IT
GC
CM/RE OPS / Maint /
IT
GC
CM/RE OPS / Maint /
IT
GC
CM/RE OPS / Maint /
IT
GC
CM/RE OPS / Maint /
IT
GC
CM/RE OPS / Maint /
IT
GC
CM/RE OPS / Maint /
IT
GC
CM/RE OPS / Maint /
IT
GC
Project Name: Beltz 10 ASR Pilot Setup
Work will be performed at the Beltz 10 Well Site located on 34th Avenue in Live Oak, Santa Cruz County, California, and at designated connection points to the existing 6-inch Raw Water Pipeline. Temporary discharge operations will route water through the Raw Water Pipeline to the Beltz Water Treatment Plant Reclaim Tank. LOTO control points include:
-Beltz 10 Well electrical service (200-amp service)
-Variable Frequency Drive (VFD)
-Existing submersible pump circuit
-Wellhead discharge piping isolation valves
-Raw Water Pipeline isolation valves identified by SCWD Operations -Any temporary pumping systems installed by Contractor
Required Submittal Items To Proceed with SOR Review and Approval: Reviewed By Detailed Work Plan - Description of Extent of SOR, LOTO safety procedure, Work to be Performed, Operations Support Requirements, Duration, Roles and Responsibilities of Parties, Required Testing Before, During and After Work, Return to Service Plan, Hand Back to Operations and Call Out List.
Detailed Schedule - From Site Preparations Through Return to Service Roles and Responsibilities - Table clearly defining-scope of work Detailed sequence of work - For each critiical task with timeline Approved Shop Drawings - Any Related Drawings or Sketches Related to This SOR RFI's and Responses - Provide all relevant documents related to SOR work System Outage Request No.: 1
Contractor's Section:
NOTE: This System Outage Shutdown Request form must be
submitted within 72 hours after Notice to Begin
Preconstruction Activities and reconfirmed 7 days prior to individual outages.
Submission Information:
The Beltz 10 Well will be taken out of service for a maximum duration of twenty-two (22) calendar days to allow rehabilitation of the existing well and installation of temporary ASR pilot testing facilities. Work includes removal of the existing pump assembly, pre- and postrehabilitation video surveys, mechanical cleaning of the well, temporary water handling and discharge operations, reinstallation of the pump, installation of injection tubing and sounding tube, well disinfection, and installation of above-ground injection and discharge piping. Raw Water Pipeline operations may be required for disposal of rehabilitation and disinfection water. Any outage of the Raw Water Pipeline beyond routine coordination will be submitted under a separate System Outage Request.
Change Order Work - All Applicable Documents to This SOR Control and Access Plan - All Vehicle and Staff Rerouting, Signage, Barriers and Controls detailed Resources Required - Material, Equipment, Tools, Skilled Labor, Management
City of Santa Cruz Water Program
Plant Outage Plant Shut Down Request Form
Project Name: Beltz 10 ASR Pilot Setup
Lock Out Tag Out (LOTO):
Yes No
CM/RE Signed Date
Date
GC Signed Date
LOTO - Contractor provide Detail Lock Out Tag Out Plan and Procedure including Schedule, Roles / Responsibilities
Attached Method of Procedure including LOTO?
Review and Approval Signatures by Stakeholder Authorized Representative Signatures below authenticate review and approval of this proposaed SOR based on the submittal plans and schedules.
COMMENT:
OPS/Maint/PLC Signed
Plan B Work Around and Contingency Plan:
Plan B Work Around - Contractor provide detail Plan B Work Around, if original Scope of Work not able to complete within the shutdown window.
Contingency Plan - Contractor provide detail Contingency Plan, if original Scope of Work and Plan B Work Around are not able to complete within the shutdown window.
Aquifer Storage and Recovery Exhibit E – System Outage Request Form Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.208
Aquifer Storage and Recovery Exhibit F – DAS Form 140
Beltz 10 Pilot Test Site Preparation
EXHIBIT F
DAS FORM 140
Exhibit Follows
18.209
PUBLIC WORKS CONTRACT AWARD INFORMATION
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.
Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.
NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED
DATE OF EXPECTED OR ACTUAL START OF PROJECT
NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS
OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS
APPROXIMATE DATES TO BE EMPLOYED
This is not a request for dispatch of apprentices.
Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below
1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee
2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. Enter name of the Committee
3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.
Signature Date
Typed Name
Title
State of California - Department of Industrial Relations DIVISION DAS 140 (REV. 1/04) OF APPRENTICESHIP STANDARDS
18.210
Explanation to box 1 ‐ 3 on form DAS 140
• Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member).
• Box 2 indicates that a contractor is willing to comply with a program's Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee's Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours.
• Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council.
18.211
Aquifer Storage and Recovery Exhibit F – DAS Form 140
Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.212
Aquifer Storage and Recovery Exhibit G – DAS Form 142
Beltz 10 Pilot Test Site Preparation
EXHIBIT G
DAS FORM 142
Exhibit Follows
18.213
REQUEST FOR DISPATCH OF AN APPRENTICE – DAS 142 FORM
DO NOT SEND THIS FORM TO DAS
You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyworkers work, you must request and employ apprentices in no less than 8 hour increments.
List one occupation/craft per form
Date:
_____________________
To Applicable Apprenticeship Committee:
Name:
Address:
Tel. No. Fax No.
Contractor Requesting Dispatch:
Name:
Address:
License No.
PWC Registration Number:
Tel. No. Fax No.
Project Information: PWC Project Number _________________ Contract Number __________________________ Total Contract Amount. _____________________________ Sub-Contract Amount ___________________________ Name ofthe Project:
Address:
Dispatch Request Information:
Number of Apprentice(s) Needed: Craft or Trade:
Date Apprentice(s) to Report: (72 hrs. notice required) Timeto Report:
Name of Person to Reportto:
Address to Reportto:
You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and/or
visit https://www.dir.ca.gov/das/PublicWorksForms.htm
DAS 142 (Revised 10/18)
18.214
Aquifer Storage and Recovery Exhibit G – DAS Form 142
Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.215
Aquifer Storage and Recovery Exhibit H – Santa Cruz Local Hire Beltz 10 Pilot Test Site Preparation Residency Compliance Form
EXHIBIT H
SANTA CRUZ LOCAL HIRE RESIDENCY
COMPLIANCE FORM
Exhibit Follows
18.216
LOCAL HIRE RESIDENCY
COMPLIANCE FORM
Prevailing wage statements submitted on DIR form A-1-131 shall be deemed acceptable documentation to accurately record hiring information required to comply with Chapter 3.10 of the Municipal Code pertaining to Local Hiring. Additionally, the following information shall accompany the certified payroll form.
For pay period ending: _______________________
Employee Name Resident of the County
of Santa Cruz for at
least one year
preceding date of
Award of Contract
Member of a Building
Trade Journeyman, or
Building Trade
Apprentice program
whose organization has
jurisdiction over all or
part of Santa Cruz
County
APPRENTICE
1. Yes No Yes No Yes
2. Yes No Yes No Yes
3. Yes No Yes No Yes
4. Yes No Yes No Yes
5. Yes No Yes No Yes
6. Yes No Yes No Yes
7. Yes No Yes No Yes
8. Yes No Yes No Yes
9. Yes No Yes No Yes
10. Yes No Yes No Yes
(Duplicate as necessary)
Calculate total weekly project local hiring percentage based on personnel and hours reported on prevailing wage statement. %
Calculate cumulative total project local hiring percentage based on personnel and hours reported on prevailing wage statement. %
Calculate cumulative total project apprentice percentage based on personnel and hours reported on prevailing wage statement. %
I,____________________________, the undersigned, am the ____________________________ (print name) (position in company)
with the authority to act for and on behalf of __________________________________________ (Name of business and/or Contractor)
18.217
certify under penalty of perjury that the above information provided is true, full, and correct.
Signature:
Date:____________________________
18.218
Aquifer Storage and Recovery Exhibit H – Santa Cruz Local Hire Beltz 10 Pilot Test Site Preparation Residency Compliance Form
END OF SECTION
18.219
Aquifer Storage and Recovery Exhibit I – Application for Payment Beltz 10 Pilot Test Site Preparation
EXHIBIT I
APPLICATION FOR PAYMENT
Exhibit Follows
18.220
Invoice Number Period from/to:
TO THE CITY OF SANTA CRUZ
FROM CONTRACTOR:
ADDRESS:
PROJECT NAME:
PO NUMBER:
CONTRACT DATE:
INVOICE DATE:
CHANGE ORDER SUMMARY
Additions Deduction
Change Orders approved in previous months: Total: $ $
Change Orders approved this month:
CO Number Date Approved Additions Deduction
$ $
$ $
$ $
NET CHANGE BY CHANGE ORDERS:
Application is made for payment under the Contract as shown below and in Schedule 1 attached hereto:
1. ORGINAL BASE BID TOTAL
2. NET CHANGE BY CHANGE ORDERS
3. CONTRACT SUM TO DATE (Line 1 + Line 2)
4. TOTAL AMOUNT COMPLETED TO DATE (Column E on Schedule 1)
5. RETENTION: 5% of Completed Work (Column H on Schedule 1) a. Current Value of Securities Deposited in Escrow $
b. Current Value of Retention Deposited in Escrow $
c. Retention Held by City of Santa Cruz $
d. Current Retention Value (a + b + c) $
6. TOTAL EARNED LESS RETENTION (Line 4 - Line 5)
7. TOTAL AMOUNT PREVIOUSLY PAID
8. CURRENT PAYMENT DUE (Line 6 - Line 7)
APPLICATION FOR PAYMENT
$
$
$
$
$
$
$
$
$
18.221
9. BALANCE TO FINISH, PLUS RETENTION (Line 3 - Line 6)
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 4A
Schedule 4B
Schedule 4C
Schedule 4D
(Contractor)
By:
(Name)
(Title)
I, , hereby declare that I am the
of Contractor submitting this
, on , 20
(City) (State) (Date)
(Signature)
(Print Name)
Conditional Waiver and Release on Final Payment (use when applicable) Unconditional Waiver and Release on Final Payment (use when applicable) $
The undersigned Contractor hereby represents and warrants to the City that all Work, for which Certificates For Payment have previously been issued and payment received from the City, is free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, any Subcontractor, and any other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment related to the Work.
The following Schedules are attached and incorporated herein, and made a part of this Application For Payment:
Cost Breakdown Schedule (sample follows)
List of Subcontractors
Declaration of Releases of Claims
Conditional Waiver and Release on Progress Payment (use when applicable) Unconditional Waiver and Release on Progress Payment (use when applicable) Certification of Current Market Value of Securities in Escrow in Lieu of Retention (use when applicable)
I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was subscribed at
DECLARATION
Application For Payment; that I am duly authorized to execute and deliver this Application For Payment on behalf of Contractor; and that all information set forth in this Application For Payment and all Schedules attached hereto are true, accurate, and complete as of its date.
18.222
Project Name: Invoice Number:
Contractor: Invoice Date:
PO Number: Period from/to:
(A) (B) (C) (D) (E) (F) (G) (H)
ITEM NO.
DESCRIPTION OF
WORK ACTIVITY OR
OTHER ITEM
SCHEDULED
VALUE ($)
COMPLETE
TO DATE (%)
COMPLETE TO
DATE ($)
AMOUNT
COMPLETED ON
PRIOR INVOICES ($)
AMOUNT OF THIS
INVOICE ($) RETENTION ($)
(C * D) (E - F) (5% * E)
TOTAL
(Provided as a sample. Schedule 1 may be output from City approved project management software) SCHEDULE 1
TO APPLICATION FOR PAYMENT
COST BREAKDOWN
18.223
Project Name: Invoice Number:
Contractor: Invoice Date:
PO Number: Period from/to:
As of , 20 (not earlier than 5 days prior to the date of the Application For Account No. with
is Dollars
By:
($ ) .
(Escrow Agent)
Payment of which this certification is a part), the aggregate market value of securities on deposit in Escrow (Contractor)
By:
(Name) (Name)
(Escrow Agent)
(Title)
(Date)
(Use when applicable)
SCHEDULE 2
TO APPLICATION FOR PAYMENT
CERTIFICATION OF CURRENT MARKET VALUE OF
SECURITIES IN ESCROW IN LIEU OF RETENTION
(Title)
(Date)
NOTE: Notary acknowledgment for Contractor and Escrow Agent must be attached.
18.224
Project Name: Invoice Number:
Contractor: Invoice Date:
PO Number: Period from/to:
SCHEDULE 3
TO APPLICATION FOR PAYMENT
LIST OF SUBCONTRACTORS
Subcontractors listed below are all Subcontractors furnishing labor, services, or materials for the period referenced above, of which this Schedule 3 is a part:
Name of Subcontractor
Date Work Activity
Subcontracted Work Activity Complete
18.225
Project Name: Invoice Number:
Contractor: Invoice Date:
PO Number: Period from/to:
, 20
SCHEDULE 4
TO APPLICATION FOR PAYMENT
DECLARATION OF RELEASE OF CLAIMS
Contractor hereby certifies that attached hereto are releases and waivers of claims and stop notices from all Subcontractors furnishing labor, services, or materials covered by the Certificate For Payment dated , except those listed below:
18.226
Project Name: Invoice Number:
Contractor: Invoice Date:
PO Number: Period from/to:
(1)
(2)
(Use when applicable. Subcontractor completes when not yet paid.) SCHEDULE 4A
TO APPLICATION FOR PAYMENT
CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT
Identifying Information
Name of Claimant:
THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.
Through Date
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:
Name of Customer:
Job Location:
Owner:
Maker of Check:
Amount of Check:
Check Payable to:
Exceptions
This document does not affect any of the following:
Retentions.
Extras for which the claimant has not received payment.
18.227
(3)
(4)
(5)
Signature:
Name:
Title:
Date:
The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:
Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and
Date(s) of waiver and release:
The right to recover compensation for work not compensated by the payment.
CLAIMANT
18.228
Project Name: Invoice Number:
Contractor: Invoice Date:
PO Number: Period from/to:
(1)
(2)
(3)
(4)
THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS.
THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID.
IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. (Use when applicable. Subcontractor completes when payment has been made.) SCHEDULE 4B
TO APPLICATION FOR PAYMENT
UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment:
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Through Date
Unconditional Waiver and Release
Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and
The right to recover compensation for work not compensated by the payment.
Exceptions
This document does not affect any of the following:
Retentions.
Extras for which the claimant has not received payment.
18.229
Signature:
Name:
Title:
Date:
CLAIMANT
18.230
Project Name: Invoice Number:
Contractor: Invoice Date:
PO Number: Period from/to:
THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. (Use when applicable. Subcontractor completes when not yet paid.) SCHEDULE 4C
TO APPLICATION FOR PAYMENT
CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Through Date
Conditional Waiver and Release
Exceptions
Maker of Check:
Amount of Check:
Check Payable to:
This document does not affect any of the following:
18.231
Signature:
Name:
Title:
Date:
Disputed claims for extras in the amount of:
CLAIMANT
18.232
Project Name: Invoice Number:
Contractor: Invoice Date:
PO Number: Period from/to:
Signature:
Name:
Title:
Date:
Job Location:
(Use when applicable. Subcontractor completes when not yet paid.) SCHEDULE 4D
TO APPLICATION FOR PAYMENT
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT
THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS.
THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID.
IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant:
Name of Customer:
Disputed claims for extras in the amount of:
Owner:
Through Date
Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.
Exceptions
This document does not affect any of the following:
CLAIMANT
18.233
Aquifer Storage and Recovery Exhibit I – Application for Payment Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.234
Aquifer Storage and Recovery Exhibit J – Field Order Form Beltz 10 Pilot Test Site Preparation
EXHIBIT J
FIELD ORDER FORM
Exhibit Follows
18.235
Project Name: Contractor Name: Subject:
Contract date: PO #: CWO#: FO Date: FO #:
Description of Changes (attach all applicable documents, including drawings, plans, or reports):
a)
Estimated Adjustment of Contract Sum (if any):
Estimated Adjustment of Contract Time (if any):
Recommended by:
NAME TITLE DATE
City Approval:
NAME TITLE DATE
The Contractor is hereby directed to promptly make the above described changes or to perform the above described work not included in the Contract. Contractor’s signature is not required for this Field Order to be binding on Contractor. This field order may or may not constitute a change in work. If the work described above constitutes a change in Contract Sum or Contract Time, this Field order will be superseded by a Change Order, pursuant to General Conditions Section 11, that will include the scope of the change in the Work and any actual adjustments to the Contract, including Contract Sum and Contract Time.
Contractor Approval:
NAME TITLE DATE
FIELD ORDER
#X
(EFFECTIVE ONLY WHEN SIGNED BY THE CITY)
WATER DEPARTMENT
212 Locust St., Suite C
Santa Cruz, CA 95060
Ph: 831-420-5200
Fax: 831-420-5201
18.236
Aquifer Storage and Recovery Exhibit J – Field Order Form Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.237
Aquifer Storage and Recovery Exhibit K – Change Order Form Beltz 10 Pilot Test Site Preparation
EXHIBIT K
CHANGE ORDER FORM
Exhibit Follows
18.238
Project Name: Contractor Name: Subject:
Contract date: P.O. #: CWO#: C.O. Date: C.O. #:
Description of Changes (attach all applicable documents, including drawings, plans, or reports):
a)
Contract Revision (Including any applicable Contract Sum or Contract Time adjustment):
a)
When approved by the City, Contractor is directed to promptly make the above described changes or to perform the above described work. The Change Order process shall comply with General Conditions Section 11.
Price: Time (in
days and
hours):
Recommended
by:
Name
Title (Construction Mgr. / Project Mgr.)
Date
Base Contract as Bid: Reviewed by
(when City staff
review is
required):
Base Contract Including All
Previous Change Orders:
X x, P.E.
Associate Civil Engineer
Date
Contract Contingency:
Reviewed by:
Contingency Allocated: Heidi Luckenbach, P.E.
Deputy Director/Engineering Mngr.
Date
Contingency Available:
Approved by:
C.O. #1 Increase: Rosemary Menard
Water Director
Date
C.O. #1 Decrease:
Authorized by (when Council review is required):
Net Change:
Revised Contract Amount: Martín Bernal, City Manager Date For valuable consideration set forth herein, Contractor hereby releases the City of Santa Cruz from any and all claims for direct, indirect, and impact expenses and adjustments to the Contract Sum as well as additional time impact now existing or which may hereafter arise out of or result from the work or change described herein.
Contractor:
Signature Printed Name, Title Date
CONTRACT CHANGE ORDER
# X
(EFFECTIVE ONLY WHEN APPROVED BY THE CITY)
WATER DEPARTMENT
212 Locust St., Suite C
Santa Cruz, CA 95060
Phone: 831-420-5200
Fax: 831-420-5201
18.239
Aquifer Storage and Recovery Exhibit K – Change Order Form Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.240
Aquifer Storage and Recovery Exhibit L – Certificate of Substantial Beltz 10 Pilot Test Site Preparation Completion
EXHIBIT L
CERTIFICATE OF SUBSTANTIAL COMPLETION
Exhibit Follows
18.241
CERTIFICATE OF SUBSTANTIAL COMPLETION
Project Name:
Contract Date:
Contractor Name:
Contractor Address:
Date of Issuance:
Project or Designed Portion Shall Include: _________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ The work performed under this contract has been reviewed and found to be substantially complete. The date of substantial completion of the project or portion thereof designated above is hereby established as _____________, 20___ which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below.
A list of items to be completed or corrected is included herein. The failure to include any items on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents.
In accordance with the Contract Documents, Contractor is notified as follows:
1. The date of Substantial Completion of the Work or designated portion thereof is the date certified by the City when construction is sufficiently complete in accordance with the Contract Documents, so the City can occupy or utilize the work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents.
2. Without limitation of Contractor's obligation to fully complete the Work within the Contract Time, Contractor shall complete or correct the Work on the list of items attached hereto within thirty (30) days from the date of Substantial Completion. Liquidated damages shall be in the total amount per day as specified in the contract for each calendar day in excess of thirty (30) working days after substantial completion that final completion is not attained.
3. The City will be responsible for:
4. Contractor shall be responsible for all Contract requirements, except items or responsibilities of the City as set forth in Paragraph 2, above.
5. List of items to be completed or corrected:
[SIGNATURES ON NEXT PAGE]
18.242
CONTRACTOR CITY
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
18.243
Aquifer Storage and Recovery Exhibit L – Certificate of Substantial Beltz 10 Pilot Test Site Preparation Completion
END OF SECTION
18.244
Aquifer Storage and Recovery Exhibit M – Notice of Completion Beltz 10 Pilot Test Site Preparation
EXHIBIT M
NOTICE OF COMPLETION
Exhibit Follows
18.245
(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
PURSUANT TO CALIFORNIA 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. 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: (Check One) □ Fee □ Joint Tenancy □ Lessee □ Purchaser Under Contract for Purchase □ Other:
2. Title of Project. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is:
3. Project Number.
4. Property Location/Address. The Property site location description or address (the “Property”) on which the Project was constructed is located in the City of , County of Santa Cruz, State of California at:
5. Date of Completion. The Project on the Property was completed on:
6. Name of Contractor. The name of the Contractor on the Project is:
7. Address of Contractor. The address of the Contractor on the Project is:
8. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as:
9. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on of , 20 .
DATED:
[INSERT NAME OF CITY SIGNEE]
RECORDED AT THE REQUEST OF:
City of Santa Cruz
WHEN RECORDED MAIL TO:
City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060
18.246
City Manager, as Owner’s Authorized Agent
City of Santa Cruz
VERIFICATION FOR THE CITY OF SANTA CRUZ
The undersigned, being duly sworn, says:
That I am the City Manager (or his/her official designee) of the City of Santa Cruz, a municipal corporation in the State of California. I have read the attached Notice of Completion and know and understand its contents. I declare under penalty of perjury that the facts stated in the Notice of Completion are true and correct, to the best of my knowledge.
Executed on , at Santa Cruz, California.
[INSERT NAME OF CITY SIGNEE]
City Manager, as Owner’s Authorized Agent
City of Santa Cruz
NOTE: Notary acknowledgement for Owner’s Authorized Agent must be attached.
18.247
Aquifer Storage and Recovery Exhibit M – Notice of Completion Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.248
Aquifer Storage and Recovery Exhibit N – Procedure for Hydrant Beltz 10 Pilot Test Site Preparation Meter Installation
EXHIBIT N
PROCEDURE FOR HYDRANT
METER INSTALLATION
Exhibit Follows
18.249
18.250
18.251
Aquifer Storage and Recovery Exhibit N – Procedure for Hydrant Beltz 10 Pilot Test Site Preparation Meter Installation
END OF SECTION
18.252
Aquifer Storage and Recovery Exhibit O – City of Santa Cruz Water Beltz 10 Pilot Test Site Preparation Department Hydrant Meter Checkout/Permit
EXHIBIT O
CITY OF SANTA CRUZ WATER DEPARTMENT
HYDRANT METER CHECKOUT/PERMIT
Exhibit Follows
18.253
Business Name: Responsible Party: Business Tax ID #:
Billing Address: City: State: Zip Code:
Phone Office: Cell Phone: Email:
To be used where?: Service start date: Service end date:
(M ax 30 days unless approved by Engineering)
Engineering to Complete:
Meter #: Read out: Account #:
*Special Provisions (#5):
Deposit:
$3415.00
Application Fee:
$65.00
Daily Use @ $5.00 per day:
$
Customer Service to Complete:
Total Charge: Payment: Check____ Credit Card____
SCM U Representative will contact you for card.
Total Amount Paid:
Meter Shop to Complete:
Date out: Read out: Date In: Read In:
Inspection Out: Pass _____ Fail _____ Inspection In: Pass_____ Fail _____ Meter check-out: _______________________________________ Meter check in:___________________________________________ (Customer Signature) (Customer Signature)
SCWD:________________________________________________ SCWD:___________________________________________________ (Meter Shop Signature) (Meter Shop Signature)
CUSTOMER RESPONSIBILITIES:
1. Inform Engineering Section at 831-420-5210 of relocation of meter. (Subject to periodic check).
2. Device must be available for periodic testing by SCWD staff. If meter is not found on site, the account will be closed and the deposit will not be refunded.
3. Failure to return meter within service period or removal by City could result in forfeiture of deposit.
4. In addition to the fees above, you will receive a monthly charge for water consumption and other related fees.
5.*Service period may be extended only with approval of Engineering Section.
6. Account will be closed and reopened if the service period extends to 11 months. No additonal set up fees will be charged and the deposit will be transferred to the new account. Customer service will contact you to provide the new account number.
7.Please contact Customer Service to schedule the return of the hydrant meter at 831-420-5220.
8. Return copy of permit with meter for closure of account and calculation of refund if applicable.
9. Upon return of the equipment, the hydrant meter will be inspected for any external or internal damage including the backflow device & cage. Additional charges will be assessed for any such damage and will be charged to the account.
HYDRANT METER SHALL NOT BE TAKEN OUTSIDE SCWD SERVICE AREA
SCWD WILL READ THE METER MONTHLY & TEST THE BACKFLOW ASSEMBLY AS REQUIRED City of Santa Cruz Water Department
Hydrant Meter Checkout/Permit
212 Locust Street, Santa Cruz CA 95062
18.254
City of Santa Cruz Water Department
Hydrant Meter Rental Fees
HYDRANT METER USE FEES
Service Description Fee
3415
50. Application for service $65
51. Water Ready to Service (monthly) Current 3" meter inside rate
52. Water usage, per ccf (monthly) Current commercial inside rate (all commodity rates)
53. Daily use fee $5
Resolution No. NS-30, 181, January 1, 2026
49. Deposit
Amount is the cost for full replacement. If the meter
requires repairs upon return, the deposit amount to be
returned will be reduced by the cost of parts and labor to repair.
18.255
18.256
Aquifer Storage and Recovery Exhibit O – City of Santa Cruz Water Beltz 10 Pilot Test Site Preparation Department Hydrant Meter Checkout/Permit
END OF SECTION
18.257
Aquifer Storage and Recovery Exhibit Y – Good Neighbor Commitment Beltz 10 Pilot Test Site Preparation
EXHIBIT Y
GOOD NEIGHBOR COMMITMENT
SECTION 00 45 46.6
Exhibit Follows
18.258
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.
18.259
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
18.260
Aquifer Storage and Recovery Exhibit Y – Good Neighbor Commitment Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.261
Aquifer Storage and Recovery Exhibit Z – Contract Price Exhibit Beltz 10 Pilot Test Site Preparation
EXHIBIT Z
CONTRACT PRICE EXHIBIT
(To be Included Prior to Contract Award)
Exhibit Follows
18.262
September 2026
24-0064
24-0064_SC_ASR_pilot_test_beltz_10_tech_specs_ST_bid_sheet.docx - 1 -
QUOTE FOR BELTZ 10 WELL REHABILITATION
Task
No. Task Description Units Estimated Quantity Unit Price Total 1 Mobilization Lump
Sum 1 $ 11,000.00 $ 11,000.00
2 Pre-Rehabilitation Pumping Test Lump
Sum 1 $ 1,200.00 $ 1,200.00
3 Pump Assembly Removal Lump
Sum 1 $ 1,600.00 $ 1,600.00
4 Pre-Rehab Video Survey Lump
Sum 1 $ 2,140.00 $ 2,140.00
5 Nylon Brushing Hourly 5.5 $ 400.00 $ 2,200.00
6 Bailing Lump
Sum 1 $ 1,200.00 $ 1,200.00
7 AquaFreed Treatment Lump
Sum 1 $ 21,650.00 $ 21,650.00
8 Setup of Temporary Tanks, Piping,
etc.
Lump
Sum 1 $ 23,950.00 $ 23,950.00
9 Simultaneous Air-Lift
Pumping/Swabbing Hourly 15.5 $ 400.00 $ 6,200.00
10 Post-Rehab Video Survey Lump
Sum 1 $ 2,140.00 $ 2,140.00
11 Post-Rehabilitation Pumping Test Lump
Sum 1 $ 1,600.00 $ 1,600.00
12 Demobilization & Site Cleanup Lump
Sum 1 $ 11,000.00 $ 11,000.00
SUBTOTAL $ 85,880.00
18.263
September 2026
24-0064
24-0064_SC_ASR_pilot_test_beltz_10_tech_specs_ST_bid_sheet.docx - 2 -
QUOTE FOR BELTZ 10 ASR PILOT TEST SETUP
Task
No. Task Description Units Estimated Quantity Unit Price Total 13 Mobilization Lump
Sum 1 $ 2,100.00 $ 2,100.00
14 Fabrication of Well Head Seal Plate
and Discharge Head
Lump
Sum 1 $ 5,200.00 $ 5,200.00
15 Reinstallation of Pump Assembly,
New Injection Drop and Sounding
Tubes and AquaGard Injection Pipe
Lump
Sum 1 $ 17,370.00 $ 17,370.00
16 Well Disinfection and Chlorine
Flushing
Lump
Sum 1 $ 1,600.00 $ 1,600.00
17 Installation of Above-Ground Piping,
Valving, Metering, etc.
Lump
Sum 1 $ 29,450.00 $ 29,450.00
18 Demobilization Lump
Sum 1 $ 2,10.00 $ 2,100.00
SUBTOTAL $ 57,820.00
GRAND TOTAL for WELL REHABILITATION and ASR PILOT TEST SETUP $ 143,700.00 Name of Firm: __Subsurface Technologies, Inc____ Estimated Start Date: ________________ Representative: __Steven Catania______________ Title: __President ___________________ Signature: _________________________________ Date: _09/22/2026__________________ 11/16/2026
18.264
Aquifer Storage and Recovery Exhibit Z – Contract Price Exhibit Beltz 10 Pilot Test Site Preparation
END OF SECTION
18.265
City Council
AGENDA REPORT
DATE: 09/28/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Public Works
SUBJECT: 2nd Reading and Final Adoption of Ordinance No. 2026-16 Amendment to Santa Cruz Municipal Code Chapter 10.41 Pertaining to Eligibility for Citywide Permit Parking (PW)
LOCATION: Citywide
RECOMMENDATION: Motion to adopt Ordinance No. 2026-16 to amend Santa Cruz Municipal Code (SCMC) Chapter 10.41 – Citywide Permit Parking to restrict preferential permit parking program participation for certain residential development projects that use state law to provide fewer off-street parking spaces than would otherwise be required by the City.
BACKGROUND: At the September 22, 2026 City Council meeting, the City Council (Council) approved the attached ordinance for introduction and publication. The proposed ordinance is now returning to Council for consideration of adoption.
Note that the recommendation above is a reflection of the Council’s approval of the ordinance at the first reading. Staff has facilitated bringing this Council-directed ordinance forward; it is within the Council’s policy discretion to determine whether to adopt the ordinance.
DISCUSSION: In addition to approving the ordinance for introduction and publication, at the September 22, 2026 Council meeting, Council directed staff to return with an evaluation of several questions, which are addressed below:
The legal feasibility of an exception comparable to the provisions established in AB 2712 for the City of Los Angeles.
Whether the exception should apply to extremely low-, very low-, and lower-income households.
The implications of such an exception for the ordinance's legal structure and implementation.
The California legislature adopted AB2712 in the 2023-24 legislative session, adding Government Code section 65863.2.1., which applies only to the City of Los Angeles. For covered development projects that are exempt from off-street parking requirements, the statute requires such projects be excluded from participating in a preferential permit parking program.
The statute, however, expressly provides that nothing in the section prohibits Los Angeles from
19.1 issuing permits to residents who occupy deed-restricted units for lower income households. (Gov. Code§ 65863.2.1 (c).) This affordable housing provision is permissive; it preserves Los Angeles’ discretion to issue permits, rather than requiring that such permits be issued. AB 2712 also excludes residential projects of 20 or fewer units from its mandatory preferential-parking restrictions. (Gov. Code § 65863.2.1(a)(1).)
It is within the Council’s discretion to determine whether to create exceptions of the type that would be permissible via AB 2712, which is applicable only to Los Angeles. If Council wishes to pursue an affordable-housing exception, Council could direct staff to return with proposed amendments to Chapter 10.41 that would preserve some level of residential permit eligibility for residents of deed restricted affordable housing.
Staff’s understanding is that some of the Councilmembers’ goal in making these changes to the residential parking permit program is to provide both the neighborhoods and the developers with predictability related to new developments that use state law to provide fewer off-street parking spaces than would otherwise be required by the City. Any exception that creates case-by-case decision-making as to whether and how many permits a new low/no parking development can receive would decrease the level of predictability that some of the Councilmembers are seeking.
The Council could consider allowing new low/no parking developments to participate in the City’s residential parking districts on a per parcel basis. Under this type of structure, a parcel with a new low/no parking development could obtain a small, specified number of residential parking permits, which the parcel’s owners could distribute to residents. This type of structure would give neighbors and developers clarity and predictability on the number of residential permits that would be issued to the new development. The Council has not pursued this type of structure, but staff could bring forward proposed Municipal Code amendments reflecting this proposal, if directed to do so by the Council.
Whether reasonable limitations on the number or type of permits could address concerns about neighborhood parking availability.
There are many ways to develop and operate a residential permit parking program. Reasonable limitations on the number and type of permits could be considered to address concerns about neighborhood parking availability. Options could include per parcel limitations on the number of permits that properties are eligible for, offering permits at a reduced quantity more generally, or measuring actual demand and available curb space and creating more individualized permit programs.
How guest permits, caregiver access, and other essential visitor needs could be accommodated.
In the City of Santa Cruz, residential parking permits are often provided when demand from nonresidents creates a burden on residents. This can occur from proximate businesses, a nearby transit stop, an intensification of land use, or other factors that create a strain on the parking supply. As a release valve for visitors, many residential permit parking areas in Santa Cruz include a two-hour overlay. This means that guests, caregivers, and other essential visitors can often park in residential permit parking areas for up to two hours without needing a parking permit.
19.2 At Council’s direction, staff could return to Council with further analysis or proposed Municipal Code amendments addressing the topics above.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: At the September 22, 2026 Council meeting, the proposed Council action was deemed not a “project” under CEQA and also exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (the “common sense” exemption).
HEALTH IN ALL POLICIES (HiAP): It is within the Council’s discretion to determine whether the proposed ordinance furthers the goals of HiAP.
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: None.
Submitted By:
Claire Gallogly
Principal Transportation
Planner
Cassie Bronson
City Attorney
ATTACHMENTS:
1. ORDINANCE NO. 2026-16.DOCX
2. PROOF OF PUBLICATION AND AFFIDAVIT OF POSTING 2026-16
19.3 ORDINANCE NO. 2026-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 10.41 PERTAINING TO ELIGIBILITY FOR PREFERENTIAL PERMIT PARKING WHEREAS, the City of Santa Cruz (“City”) operates a preferential permit parking program under the authority of California Vehicle Code section 22507 and subject to Chapter 10.41 of the Santa Cruz Municipal Code (“SCMC”) to manage limited on-street parking and mitigate parking congestion citywide; and
WHEREAS, several provisions of state law allow certain residential and mixed-use development projects to provide fewer on-site parking spaces than would otherwise be required under SCMC Section 24.12.240, in furtherance of statewide goals to promote public transit use, discourage reliance on personal vehicles, and reduce the cost of housing construction; and WHEREAS, residential and mixed-use development projects that rely on state law to provide fewer on-site parking spaces than otherwise required under SCMC Section 24.12.240 may increase demand for limited on-street parking citywide; and WHEREAS, the proposed ordinance is intended to support statewide public transit goals by ensuring that developments that take advantage of state law provisions allowing the development to build less off-street parking than required under SCMC Section 24.12.240 do not result in corresponding increased reliance on limited preferential on-street parking; and WHEREAS, this Ordinance does not require any residential development to provide automobile parking that the City is prohibited by state law from requiring, nor does it modify any land use entitlement, building permit, or other approval; and WHEREAS, parking permits issued pursuant to Chapter 10.41 are issued on an annual basis, do not guarantee or reserve any on-street parking space, and regulate preferential use of the public right-of-way rather than the development or use of private property; and WHEREAS, this Ordinance is further intended to preserve and manage limited on-street parking in neighborhoods surrounding residential or mixed-use developments that utilize state law to reduce on-site parking requirements; and
WHEREAS, the City Council finds that the provisions of this Ordinance are reasonable and necessary to ensure the effectiveness of the City’s preferential permit parking program, as permitted by the California Vehicle Code.
BE IT ORDAINED by the City of Santa Cruz as follows:
SECTION 1. Section 10.41.020 of Chapter 10.41 of the Santa Cruz Municipal Code is hereby amended to read as follows:
19.4 ORDINANCE NO. 2026-16
2 10.41.020 DEFINITIONS
For the purpose of this chapter these terms shall have the following meaning:
(a) “Annual start date” means the day that parking enforcement begins in the program area.
The annual start date shall be stated in the master list for each individual program area. (b) “Local authority” means the city engineer (assistant director of public works) or the city engineer’s delegated subordinates.
(c) “Motor vehicle” shall include any licensed automobile, truck, motorhome, trailer, motorcycle, or other motor-driven or drawn form of transportation weighing over fifty pounds.
(d) “Readily identifiable vehicle” means any commercial, delivery, service, utility, or construction vehicle that displays commercial license plates, business advertising on the vehicle, and where appropriate, is equipped with tools for work in the permit parking zone.
(e) “Residence” means a legal single-family dwelling unit, efficiency unit, condominium, or multifamily dwelling unit intended to be used for combined living, dining, and sleeping purposes. An accessory dwelling unit is part of the primary residence for this section and will not be granted additional permits.
(f) “Resident” means the principal occupant or occupants of a residence. (g) “Guest of a resident” means the bona fide visitors to a residence located within the program area.
(h) “Parking permit” means any valid resident, guest, non-resident property owner, border resident, or daily parking permit issued by the City of Santa Cruz. These parking permits are to be used only by residents who live in the program area or their bona fide guests or assigned commuters.
(i) “Street segment” encompasses both sides of the street between two intersections and includes those parcels that front and/or gain access from the street. (j) “Partial street segment” refers to a portion of a street segment where the parcels represent continuous property frontage along the street where permit parking controls are proposed to be added or removed.
(k) “Specialty permit” means any parking permit that relates only to a specific program area. Such specialty parking permit shall be defined in the master list kept by the public works department.
19.5 ORDINANCE NO. 2026-16
3 (l) “Master list” means the list of all street segments in any program area. The master list shall be maintained and kept current by the department of public works. The master list shall contain the following information: (1) a list of street segments that comprise the existing program areas where parking restrictions apply (including address ranges), (2) the program area’s parking restrictions, (3) any special permit availability that applies only to a specific program area, (4) a list of block faces where commuter parking permits are available, (5) a list of block faces where permits may be used to park at metered parking spaces, (6) the annual start date upon which permit will be valid for an individual program area, and (7) any partial street segments or block faces excluded from permit parking restrictions pursuant to Section 10.41.075. (m)“Block face” means one side of a specified street segment. (n) “Commuter parking permit” means any parking permit sold to a non-resident for purposes of parking at a specified street segment or block face in a specific program area.
(o) “Permit zone” means that area as defined in Section 10.41.030 giving the City of Santa Cruz the authority to designate certain streets upon which preferential parking privileges may be given to residents and merchants for their use, and the use of their guests. Parking restrictions in said permit zone will be defined by a program area that will allow for the issuance of parking permits to residents and merchants that exempt them from the parking restrictions. Preferential parking permits may also be authorized for commuters, members of organizations or other designated groups to park on specified street segments or block faces in the permit zone’s program areas. (p) “Program area” means a subset of street segments in the city’s permit zone that are defined by a master list reflecting unique parking restrictions and enforcement conditions managed by a permit system and enforced by the city. (q) “Permit parking restrictions” means those on-street parking controls governing the use of the on-street public parking by time of day, day of week, and/or season of the year. (r) “Spill over parking” means those street segments that may be impacted by the implementation of parking restrictions on an adjacent street segment. (s) “Occupant” means the resident collectively representing the household and residing at a residential address, or the business owner at a commercial address in the permit zone where parking restrictions are proposed.
(t) “Qualified petition” means a City of Santa Cruz provided petition that represents sixtyseven percent of the households or occupants on a block segment. Each household gets one vote whether owner or renter occupied.
(u) “Ineligible property” means a property containing a residential development or a residential component of a mixed-use development, for which the first certificate of
19.6 ORDINANCE NO. 2026-16
4 occupancy or temporary certificate of occupancy is issued on or after November 27, 2026, and that as a result of a parking reduction, exemption, maximum parking standard, or other limitation imposed by state law or incorporated into the Santa Cruz Municipal Code pursuant to state law, provides fewer off-street parking spaces than would otherwise be required under Section 24.12.240 of this code if the applicable state law did not apply.
The definition of “ineligible property” is subject to the following exceptions:
(1) A property shall not be deemed an ineligible property if it uses a state-law parking limitation, or a provision of this code implementing state law, for which denial of parking permits under this Chapter would cause the City to lose authority to impose an automobile parking requirement otherwise permitted under state law. (2) A parking reduction or exemption that applies solely because occupants of the development are not offered parking permits under this chapter shall not cause a property to constitute an ineligible property.
(3) The construction of an accessory dwelling unit or junior accessory dwelling unit, or a State-law parking reduction or exemption applicable solely to an accessory dwelling unit or junior accessory dwelling unit, shall not cause an otherwise eligible property to become an ineligible property.
SECTION 2. Section 10.41.040 of Chapter 10.41 of the Santa Cruz Municipal Code is hereby amended to read as follows:
10.41.040 ADMINISTRATIVE PROCEDURE TO ADD OR REMOVE PROGRAM AREAS FROM THE CITY’S PERMIT PARKING ZONE OR ADD OR REMOVE STREET SEGMENTS FROM INDIVIDUAL PROGRAM AREAS.
The city department of public works authorizes the director of public works or the director’s delegated subordinates to establish and maintain a master list for each program area. (a) Citizen Requests to Add or Remove Program Areas. Residents or merchants may petition the City of Santa Cruz department of public works to add or remove program areas from the city’s permit parking zone. To add or remove a program area, residents and/or merchants must submit a general petition of interest to the department of public works representing neighborhood support for a permit parking program. Based on this petition staff will evaluate the city’s ability to serve the area with parking management services. Staff may include a wider range of adjacent street segments in the program area that represent potential spill over parking impacts.
Requests for permit parking shall generally reflect on-street parking occupancies of seventyfive percent or more when out of area parking demand is the highest. The public works department will have the authority to implement the program or bring it to the city transportation commission for review. Occupants will be notified about the proposed permit parking program thirty days prior to implementation. Occupants will be given the opportunity to opt out of the permit parking program area during this notification period. When new
19.7 ORDINANCE NO. 2026-16
5 program areas are established, individual street segments may opt out of the permit parking restrictions by submitting a qualified petition to the department of public works. Those qualified street segments shall not be allowed to rejoin the program area for a period of two years once they have opted out of the program area by petition. (b) Citizen Requests to Add or Remove Street Segments to an Existing Program Area. Residents and/or occupants may petition the City of Santa Cruz department of public works to add or remove a street segment to an existing program area. To add or remove streets segments to an existing program area, residents and/or occupants must submit a general petition of interest to the department of public works representing neighborhood support for permit parking. The department of public works will evaluate the city’s ability to provide additional parking management services. Staff may include a wider range of adjacent street segments in the proposed request that represent potential spill over parking impact areas. Requests for permit parking shall generally reflect on-street parking occupancies of seventy-five percent or more when out of area parking demand is highest. The department shall have the authority to implement the parking restrictions for individual street segment requests or bring the request to the city transportation commission for review. The department of public works shall give occupants thirty days’ notice prior to implementation. Occupants will be given the opportunity to opt out of the permit parking program during this notification period by submitting a qualified petition to the department of public works. Those qualified street segments shall not be allowed to rejoin the program for a period of two years once they have opted out of the program by petition. Occupants on a proposed street segment shall have the ability to request public review of the proposed parking program at the city transportation commission by requesting such review in writing during the thirty-day notification period. (c) Public Review. The department of public works shall amend the master list upon proceeding with program implementation. The public works department may also schedule all general petitions to add or remove program areas, or qualified petitions to add or remove street segments to a program area, for the city transportation commission’s review. Occupants may also request public review by the city transportation commission during the thirty-day notice period. Residents living on streets where there are proposed permit parking changes will be notified of any city transportation commission public meeting. The city transportation commission will have the authority to review and approve or deny the addition or removal of program areas, or the addition or deletion of street segments to an existing program area. (d) Appeal Procedure. Residents may appeal the city transportation commission’s recommendation to the city department of public works as outlined in Chapter 1.16 of the Santa Cruz Municipal Code.
(e) Park Land and Public Facility Access. When a city street section has been included in a program area, and is adjacent to city parkland or other public facilities, the department of public works will facilitate the following review process:
(1) Residents or occupants must qualify for review of permit parking requests as specified in this chapter;
19.8 ORDINANCE NO. 2026-16
6 (2) Qualified permit parking requests shall be forwarded to the city parks and recreation commission for comment; and
(3) Comments received by the parks and recreation department shall be forwarded to the city transportation commission;
(4) The city transportation commission will hold a public meeting per subsection (c) of this section; and
(5) The city transportation commission will make a recommendation to the city department of public works for final action.
(f) City-Initiated Review. The department of public works may initiate the establishment, expansion, reduction, or modification of a program area, or the addition or removal of a street segment, partial street segment, or block face, when changed conditions, including new development, changes in land use, or anticipated or actual changes in parking demand, warrant review of existing permit parking controls. Except for a ministerial amendment to the master list required by Section 10.41.075, a City-initiated change under this subsection shall be subject to the notice and public review procedures otherwise applicable under this section. A partial street segment or block face excluded from a program area pursuant to Section 10.41.075 shall not be eligible for inclusion in a program area under this section for so long as the adjacent property remains an ineligible property.
SECTION 3. Section 10.41.070 of Chapter 10.41 of the Santa Cruz Municipal Code is hereby amended to read as follows:
10.41.070 APPLICATION FOR PARKING PERMITS
(a) Each application or reapplication for a parking permit shall contain information sufficient to identify the following: (1) the applicant (valid photo identification); (2) the applicant’s address within the permit zone; (3) the current vehicle registration; and (4) other such information as deemed necessary by the local authority. (b) Prior to issuing any parking permit based upon residence at or ownership of a residential property, the local authority shall determine from City records whether the property associated with the application is an ineligible property. The Department of Public Works shall maintain a list of ineligible properties, which may be included or appended to the master list. City staff shall post, in a conspicuous location on the appropriate City department website or websites, information identifying the properties that are ineligible under this Chapter. This information shall be posted at the earliest practicable time for proposed developments that are known by City staff to be ineligible properties. If the property is an ineligible property, the local authority shall deny any permit application prohibited by Section 10.41.075.
(c) The City department responsible for administering Title 24 shall determine whether a development meets the definition of an ineligible property and shall transmit that
19.9 ORDINANCE NO. 2026-16
7 determination to the Department of Public Works for purposes of maintaining the master list and administering this chapter. The Department of Public Works shall update the list of ineligible properties accordingly.
SECTION 4. Section 10.41.075 of Chapter 10.41 of the Santa Cruz Municipal Code is hereby added to read as follows:
10.41.075 INELIGIBLE PROPERTIES
(a) Upon a property becoming an ineligible property, the local authority shall amend the master list to exclude from the applicable residential program area each portion of a block face immediately adjacent to and coextensive with the street frontage of the ineligible property where on-street parking is otherwise lawful. An amendment to the master list required by this subsection is ministerial and is not subject to the petition, notice, or public review procedures in Section 10.41.040. Frontage excluded pursuant to this subsection shall not be subject to permit parking restrictions under this chapter and may remain unrestricted or be subject to other generally applicable parking controls adopted pursuant to other authority, including time-limited or metered parking. The exclusion of frontage pursuant to this subsection shall not otherwise alter the surrounding residential program area.
(b) The intent of this section is to exclude ineligible properties from the applicable residential program area, and therefore, residents of ineligible properties may not obtain resident, guest, daily, border resident, or specialty parking permits based upon residence at the ineligible property. Nor may non-resident owners obtain a non-resident property owner parking permit based upon ownership of the ineligible property. (c) If a new development meets the definition of an ineligible property, it will be subject to the restrictions of this Chapter, regardless of whether a previous dwelling or building at the same property, address, or street frontage previously participated in a permit parking program.
(d) Nothing in this section prohibits a resident, owner, tenant, guest, or visitor of an ineligible property from using or purchasing parking made available to the general public, including unrestricted, time-limited, or metered on-street parking; parking in a City-owned or operated garage or parking lot; or other public parking programs not established pursuant to this chapter, including programs associated with Parking District Number 1. Nothing in this section limits any parking privilege conferred by State law on a person displaying a disabled person placard or disabled person license plate.
(e) For any ineligible property, or any property that will become an ineligible property upon issuance of its certificate of occupancy or temporary certificate of occupancy, a property owner shall provide a written notice of the applicable parking ineligibility before the execution of any lease, rental agreement, purchase / sale agreement, or other agreement for occupancy or acquisition of the property or a residence within the
19.10 ORDINANCE NO. 2026-16
8 property. The notice must be provided to each prospective tenant, prospective purchaser of the property, and prospective purchaser of a residence within the property and must be acknowledged by the recipient’s signature. At a minimum, the signed notice must include the following statement: “PARKING NOTICE: Residents of this property and their guests are not eligible to receive residential parking permits from the City of Santa Cruz. Parking in a residential permit area without a permit may result in citations and fines.” Upon request, the property owner shall provide the City with a copy of any signed notice required by this section. A violation of this section is subject to any enforcement remedy available in Title 4 of this Code and any remedy available in this Chapter.
SECTION 5. Section 10.41.080 of Chapter 10.41 of the Santa Cruz Municipal Code is hereby amended to read as follows:
10.41.080 RESIDENT PARKING PERMITS
The local authority may issue a maximum of three resident parking permits to each residence for which an application is made, subject to the restrictions set forth in Section
10.41.075 of this Chapter. Resident parking permits are issued to the resident for the resident’s vehicle. The resident parking permit is not transferable between vehicles. The resident parking permit is only valid when used adjacent to the holder’s residence. “Adjacent” is defined as within three blocks of the residence address. The resident permit is valid for one year after the annual start date of the permit parking program. For properties with accessory dwelling units that are located in a permit parking program district, the primary residence and the accessory dwelling unit combined shall qualify only for the number of residential parking permits that would have been available to the primary residence. No additional permits will be granted for the accessory dwelling unit.
SECTION 6. Section 10.41.090 of Chapter 10.41 of the Santa Cruz Municipal Code is hereby amended to read as follows:
10.41.090 GUEST PARKING PERMITS
The local authority may issue a maximum of two guest parking permits to each residence for which an application is made, subject to the restrictions set forth in Section
10.41.075 of this Chapter. The guest parking permits are transferable between the residents’ guest vehicles. Residents who do not possess a driver’s license, and who do not qualify for the resident parking permit, may purchase guest parking permits. The guest parking permit is only valid when used adjacent to the holder’s residence. Adjacent is defined as within three blocks of the residence address. The guest permit is valid for one year after the annual start date of the permit parking program.
SECTION 7. Section 10.41.100 of Chapter 10.41 of the Santa Cruz Municipal Code is hereby amended to read as follows:
19.11 ORDINANCE NO. 2026-16
9 10.41.100 DAILY PARKING PERMITS
The local authority may issue a maximum of thirty daily parking permits per year to each residence for which an application is made, subject to the restrictions set forth in Section 10.41.075 of this Chapter. The daily permit is valid on the day that it is activated and used. The daily parking permit is only valid when used adjacent to the holder’s residence. Adjacent is defined as within three blocks of the residence address.
SECTION 8. Section 10.41.140 of Chapter 10.41 of the Santa Cruz Municipal Code is hereby amended to read as follows:
10.41.140 NON-RESIDENT PARKING PERMITS
The local authority may issue parking permits to the following non-residents:
(a) Non-resident Property Owner. A parking permit may be issued to a non-resident property owner within the permit parking program area, subject to the restrictions set forth in Section 10.41.075 of this Chapter. The requester must provide proof of property ownership in the program area.
(b) Border Resident. The local authority, upon having acceptable proof, may issue parking permits to residents living within 300 feet of a program area when they do not have access to on-street parking fronting their property’s address. A resident of an ineligible property shall not be eligible for a border resident permit under this subsection.
(c) Specialty Parking Permit. The local authority, upon having acceptable proof that the need exists, may issue specialty parking permits that are unique to a specific program area. Such specialty parking permits shall be defined in the appropriate master list kept by the public works department.
SECTION 9. Section 10.41.170 of Chapter 10.41 of the Santa Cruz Municipal Code is hereby amended to read as follows:
10.41.170 PERMIT PARKING ZONE PENALTY PROVISIONS
This chapter provides for specific penalty provisions. It is unlawful and a violation of this chapter to:
(a) Stand or park a motor vehicle in any permit parking program area within the city’s permit zone unless permitted pursuant to this chapter.
(b) Copy or produce a counterfeit or facsimile parking permit. It is also a violation to knowingly use or display a counterfeit or facsimile parking permit.
19.12 ORDINANCE NO. 2026-16
10 (c) Furnish false information to the local authority related to compliance with this Chapter, or while applying for a parking permit. It is also a violation for an applicant to knowingly represent himself/herself as eligible for a parking permit when the applicant is not eligible.
(d) Hold a valid permit and allow the use or display of such permit on a motor vehicle other than that for which the permit was issued. Such conduct shall constitute an unlawful act both by the person who holds the valid parking permit and the person who displays the parking permit.
(e) Fail to abide by subsection (e) of Section 10.41.075, or fail to provide any other notice or acknowledgement required by this Chapter.
The fines assessed for violation of this section shall be established by city council resolution.
SECTION 10. This ordinance shall take effect and be in force thirty (30) days after final adoption.
PASSED FOR PUBLICATION this 22nd day of September, 2026, by the following vote:
AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
19.13 ORDINANCE NO. 2026-16
11 PASSED FOR FINAL ADOPTION this 13th day of October, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2026-16 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
19.14 Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:
That I caused the attached legal notice/advertisement to be published in the Santa Cruz Good Times, a weekly newspaper published and circulated in the County of Santa Cruz, and adjudged a newspaper of general circulation by the Superior Court of California in and for the County of Santa Cruz, under Proceeding No. 68833; and that the legal notice/advertisement was published in the above-named newspaper on the following date(s), to wit:
October 7, 2026
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
This 7th day of October, 2026, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
_______________
Julia Wood
19.15 DECLARATION OF POSTING
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CRUZ )
On the 29th day of September, 2026, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2026-16, to wit:
1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10
2. City Hall: Bulletin Board outside Council Chambers
3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—11.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 29th day of September, 2026, in Santa Cruz, California. _______________________________
Julia Wood
Deputy City Clerk Administrator
_______________
Julia Wood
19.16 City Council
AGENDA REPORT
DATE: 09/24/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Public Works
SUBJECT: Ordinance Amending Section 10.46.040 of the City of Santa Cruz Municipal Code to Provide an Alternative Transportation Demand Management Compliance Option for School District Residential Projects (PW)
LOCATION: Citywide
RECOMMENDATION: Motion to introduce for publication an ordinance amending Section
10.46.040 of the City of Santa Cruz Municipal Code to provide an alternative Transportation Demand Management compliance option for residential projects where a public school district is the applicant.
BACKGROUND: At the March 11, 2025 City Council meeting, the City of Santa Cruz (City) Council (Council) directed staff to return with modifications to Santa Cruz Municipal Code (SCMC) Chapter 10.46.
SCMC Section 10.46.040 currently requires residential developments of twenty or more units located within one-half mile of public transit to enter into a contract with the Santa Cruz Metropolitan Transit District (Santa Cruz METRO) to provide unlimited local transit passes for all residents.
Council directed staff to develop an alternative means of compliance for qualifying school district residential projects where providing unlimited METRO passes may not be financially feasible.
DISCUSSION: On March 11, 2025, Council approved a project at 313 Swift Street, a schooldistrict employer-sponsored housing development. Due to funding and financing limitations, the project was not able to meet the requirements in SCMC Chapter 10.46 to provide METRO transit passes to all residents, but the project was approved in a way that allowed Santa Cruz City Schools to instead work with the City to prepare a Transportation Demand Management (TDM) Plan to maximize transportation options for residents of the project.
The Council requested that this TDM Plan option be codified for future use and reference. The proposed ordinance therefore establishes an alternative compliance option for residential projects
20.1 where a public school district is the applicant. Under the proposed amendment, a public school district may either:
1) Comply with the existing requirement to provide unlimited METRO passes to all residents; or
2) Propose an alternative TDM Plan incorporating measures identified in Appendix B of the City's SB 743 Implementation Guidelines, or other measures demonstrated to reduce vehicle trips or vehicle miles traveled.
The Director of Public Works may approve an alternative TDM Plan upon determining that the proposed measures, considered collectively and in light of the characteristics of the project, provide a reasonable alternative to the transit-pass requirement. In making that determination, the Director may consider factors including the anticipated effectiveness, feasibility, duration, and enforceability of the proposed measures.
The alternative TDM process is voluntary. A school district project retains the ability to comply with the existing METRO-pass requirement instead of seeking approval of an alternative TDM Plan. The proposed amendment therefore preserves the existing generally applicable transit-pass requirement while providing school district residential projects with flexibility to propose a project-specific package of transportation demand management measures.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed amendments are not considered a “project” under CEQA. (See Public Resources Code § 21065, 14 CCR § 15378(b).) Additionally, the proposed amendments are exempt from CEQA under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as a as the proposed amendment will not have a significant effect on the environment.
HEALTH IN ALL POLICIES (HiAP): This project promotes the Health in All Policies Conditions Healthy Environments and Stable, Affordable Housing and Shelter. The proposed changes provide multimodal transportation options and support workforce housing development.
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 impact to the General Fund.
Prepared By:
Claire Gallogly
Principal Transportation
Planner
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. ORDINANCE - CLEAN.DOCX
2. ORDINANCE - REDLINE.DOCX
3. MARCH 11, 2025 CITY COUNCIL REPORT.PDF
20.2 ORDINANCE NO. 2026-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE SECTION 10.46.040 APPLICABILITY
WHEREAS, on March 11, 2025, the Santa Cruz City Council directed staff to consider amendments to Santa Cruz Municipal Code Chapter 10.46 to provide an alternative to the transit-pass requirement for qualifying school district residential projects; and WHEREAS, the City Council desires to establish an alternative method of compliance that allows a public school district to elect between providing unlimited local transit passes to residents or implementing specified transportation demand management measures; and WHEREAS, City staff and Santa Cruz City Schools have developed transportation demand management measures for the school-district employer-sponsored housing development at 313 Swift Street that are intended to reduce automobile trips and promote alternative transportation.
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
Section 1. Santa Cruz Municipal Code Section 10.46.040 “Compliance Measures for Residential Developments of Twenty or More Housing Units in a Single Application” is hereby amended to read as follows:
10.46.040 COMPLIANCE MEASURES FOR RESIDENTIAL DEVELOPMENTS OF TWENTY OR MORE HOUSING UNITS IN A SINGLE APPLICATION.
(a) Except as provided in subsection (b), applications for residential developments in which twenty or more housing units are proposed within one-half mile of public transit shall enter into a contract with the Santa Cruz Metropolitan Transit District (Santa Cruz METRO) to provide unlimited local transit passes for all residents.
(b) A public school district that is the applicant for a residential development subject to this section may, in lieu of complying with subsection (a), propose a Transportation Demand Management Plan incorporating one or more measures identified in Appendix B of the City of Santa Cruz SB 743 Implementation Guidelines, or other measures demonstrated to reduce vehicle trips or vehicle miles traveled. The Director of Public Works may approve the proposed alternative upon determining that the proposed measures, considered collectively and in light of the characteristics of the project, provide a reasonable alternative to the transit-pass requirement in subsection (a). In making this determination, the Director may consider the anticipated effectiveness, feasibility, duration, and enforceability of the proposed measures. The applicant’s preparation of an alternative Transportation Demand Management Plan is optional, and the Director’s approval of the proposed Plan is discretionary. Applicant shall maintain the right to instead comply with subsection (a).Approval of an alternative Transportation Demand Management Plan under this subsection is optional and shall not affect the applicant's right to comply with subsection (a).).
20.3 ORDINANCE NO. 2026-XX
2 (c) A project with an alternative Transportation Demand Management Plan approved by the Director of Public Works pursuant to subsection (b) shall be deemed in compliance with this section. When approving a Transportation Demand Management Plan, tThe Director may impose reasonable conditions necessary to ensure implementation and continued operation of the transportation demand management measures included in the approved Plan.
PASSED FOR PUBLICATION this __th day of ________ 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this XX day of XX, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2026-xx and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
Commented [CB1]: These need to be accepted
before this gets published. But I am leaving them here
for now so staff can review these changes.
20.4 REDLINE: SCMC 10.46
10.46.040 COMPLIANCE MEASURES FOR RESIDENTIAL DEVELOPMENTS OF TWENTY OR MORE HOUSING UNITS IN A SINGLE APPLICATION.
(a) Except as provided in subsection (b), aApplications for residential developments in which twenty or more housing units are proposed within one-half mile of public transit shall enter into a contract with the Santa Cruz Metropolitan Transit District (Santa Cruz METRO) to provide unlimited local transit passes for all residents. (b) A public school district that is the applicant for a residential development subject to this section may, in lieu of complying with subsection (a), propose a Transportation Demand Management Plan incorporating one or more measures identified in Appendix B of the City of Santa Cruz SB 743 Implementation Guidelines, or other measures demonstrated to reduce vehicle trips or vehicle miles traveled. The Director of Public Works may approve the proposed alternative upon determining that the proposed measures, considered collectively and in light of the characteristics of the project, provide a reasonable alternative to the transit-pass requirement in subsection (a). In making this determination, the Director may consider the anticipated effectiveness, feasibility, duration, and enforceability of the proposed measures. The applicant’s preparation of an alternative Transportation Demand Management Plan is optional, and the Director’s approval of the proposed Plan is discretionary. Applicant shall maintain the right to instead comply with subsection (a).
(c) A project with an alternative Transportation Demand Management Plan approved by the Director of Public Works pursuant to subsection (b) shall be deemed in compliance with this section. When approving a Transportation Demand Management Plan, the Director may impose reasonable conditions necessary to ensure implementation and continued operation of the transportation demand management measures included in the approved Plan.
Commented [CB1]: I made some changes
here, and I cleaned up the redline, so there is
nothing further to do aside from deleting this
comment.
20.5 City Council
AGENDA REPORT
DATE: 02/10/2025
AGENDA OF: 03/11/2025
DEPARTMENT: Planning and Community Development
SUBJECT: 313 Swift Street (Application No. CP24-0104) – Assessor’s Parcel Number 003-161-32 – Request for 1) Acknowledgement of the Environmental Determination and Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) Pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and 2) Consideration of the Application for a Planned Development Permit, Coastal Permit, Design Permit, and Heritage Tree Removal Permit to Allow Construction of a New, Four-Story, Approximately 120,604 SquareFoot Multifamily Educator Workforce Housing Project Encompassing Approximately 100 Residential Units, Approximately 119 Parking Spaces, New Landscaping, and Associated Site Modifications, Including the Removal of Up to Six (6) Heritage Trees, on a Site Located in the P-F/CZO (Public Facilities/Coastal Zone Overlay) Zoning District, Based on the Findings and Conditions of Approval Listed In Exhibit “A.” (Environmental Review: Initial Study/Mitigated Negative Declaration). (Applicant/Filed: Santa Cruz City School District/June 27, 2024) (PL) LOCATION: District 6
RECOMMENDATION: Motion to adopt a resolution acknowledging the environmental determination and adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), and approving the Planned Development Permit, Coastal Permit, Design Permit, and Heritage Tree Removal Permit to allow construction of a new, four-story, approximately 120,604 square-foot multifamily educator workforce housing project encompassing approximately 100 residential units, approximately 119 parking spaces, new landscaping, and associated site modifications, including the removal of up to six (6) Heritage trees, on a site located in the P-F/CZ-O (Public Facilities/Coastal Zone Overlay) zone district, subject to the attached conditions of approval.
BACKGROUND: The applicant requests approval of a Planned Development Permit, Coastal Permit, Design Permit, and Heritage Tree Removal Permit to allow construction of a new, fourstory, approximately 120,604 square-foot multifamily educator workforce housing project encompassing approximately 100 residential units, approximately 119 parking spaces, new landscaping, and associated site modifications at 313 Swift Street, an approximately 4-acre property owned by Santa Cruz City School District. The subject site occurs on land bearing a
20.6 General Plan Land Use designation of CF (Community Facilities) and is situated within the P-F (Public Facilities) zoning district. Per City of Santa Cruz Municipal Code (SCMC) Section
24.04.130, a Planned Development Permit requires approval by the City Council, which, pursuant to SCMC 24.04.090, necessitates review at a public hearing. Under SCMC 24.04.150, when more than one permit is required and authority normally rests with more than one decisionmaking body, final action must be taken by the decision-making body with highest authority.
Thus, this Council action addresses all of the requested permits.
Public Outreach Meeting
Pursuant to the City’s Public Outreach Policy for Planning Projects, a community engagement meeting (hosted via internet video conference) was held on May 6, 2024. Approximately 43 members of the community attended, including the property owner/applicant, project architects, owners and occupants of units surrounding the project site, and residents from surrounding neighborhoods throughout the City. Participants offered diverse feedback, ranging from concerns regarding impacts of the project to loss of available on-street parking capacity and expectation for worsened neighborhood traffic, to remarks related to provision of affordable housing, queries regarding tenant selection criteria and ongoing housing opportunities for prospective future tenants of the development, and similar topics. Overall, attendee reactions ranged from mild concern to outright support.
Planning Commission Public Hearing
On February 6, 2025, the Planning Commission considered the environmental determination and permit applications at a duly-noticed public hearing. Topics of discussion included educators’ difficulty in securing affording housing within Santa Cruz, potential for the proposed project to create unintended impacts associated with educators’ dependency on the school district for the provision of housing, visibility of the project to the adjacent neighborhood, parking of vehicles and equipment during project construction, and maintenance of safe access to the pedestrian pathway during project construction, among others. Following deliberation, on a vote of 6-0-1-0 (Commissioner McKelvey absent), the Planning Commission recommended that the City Council acknowledge the environmental determination and approve the requested entitlements with revisions and additions to the attached conditions of approval, including addition of four conditions (related to the project’s provision of laundry microplastic filters and free METRO bus passes, maintenance of public access to the pedestrian pathway during project construction, and planting of at least six street trees) and modifications to one condition, granting the authority to the City’s Zoning Administrator to review final project materials proposed. Staff agrees with the additions and modifications, and they have been incorporated into the recommended conditions of approval in the attached resolution.
DISCUSSION: A full description and analysis of the proposed project, presenting an evaluation of its consistency with applicable Goals, Policies, and Actions of the General Plan and relevant provisions of the Municipal Code, including the City’s Objective Standards for Multifamily Development, is provided in the attached staff report to the Planning Commission dated February 6, 2025. The applicant requests the following:
Planned Development Permit – required for consideration of the proposed land use; the General Plan Land Use designation of CF (Community Facilities) envisions land identified with this classification as “existing and potential community facilities,
20.7 including schools, government offices, community buildings such as the Civic Auditorium, sewer and water facilities, and the City landfill. Also applies to land used by State highways.” Residential use is not included among the categories of land uses encompassed by the CF General Plan Land Use designation; however, the provision of multifamily residential use to accommodate housing of school district personnel for longterm retention of employees clearly supports the school district’s mission of educating students. The P-F (Public Facilities) zoning district specifies categories of uses principally-permitted and conditionally-permitted. Per City of Santa Cruz Municipal Code (SCMC) Section 24.10.1770, “government facilities; local, state, and federal” and “school, public” constitute classes of land uses allowing for consideration via discretionary review, again, without residential use listed among them. A Planned Development Permit “provides variation on district regulation, where appropriate, in the following areas,” which includes “uses”; thus, the Planned Development Permit serves as a mechanism for consideration of multifamily workforce housing as proposed at the subject site.
Coastal Permit – required for review “as a project undertaken by a public agency” (school district) per SCMC Section 24.08.230. The subject site falls within Coastal Overlay, Exclusion Area A, and a Coastal Permit must be obtained for the proposed scope of work, as the project does not meet the Coastal Permit exclusion criteria. Design Permit – required for review of site and building design per SCMC Section
24.08.410 as a project wherein the applicant is a public agency over which the City may exercise land use controls, as a public project within the Coastal Zone, and as a project which requires a Planned Development Permit.
Heritage Tree Removal Permit – required for review of proposed removal of up to six (6) Heritage trees at the subject site, per SCMC Section 9.56.060.
Applicable State Laws
Government Code 65915: The project does not seek approval of a Density Bonus. Government Code 65589.5: The Housing Accountability Act limits a local government’s ability to deny, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objective local development standards and contribute to meeting housing needs. This project proposes approval of a Planned Development Permit to allow for variations to objective standards, specifically, the use of the site for residential purposes, therefore, the City’s discretion is not limited under this section of the state law. However, the project is vested to the standards in place at the time of Preapplication completeness.
Planned Development Permit
Neither the General Plan, through the Community Facilities Land Use designation, nor the Zoning Ordinance, via the Public Facilities zoning classification, envision residential use at the subject site; however, as the proposed project comprises a multifamily educator workforce housing project intended to attract and retain employees of Santa Cruz City Schools, including teachers and support staff (i.e., certificated and classified staff), the proposed scope of work and
20.8 design can be considered via a Planned Development Permit as a use of the land supportive of, and contributory and complementary to, the school district’s mission as a public agency tasked with educating the residents it serves.
Per SCMC 24.08.700, the purpose of a Planned Development includes the following:
1) Provide an administrative technique to foster development plans for eligible lands which serve public objectives more fully than development plans permitted under conventional zoning regulations;
2) Establish criteria for identifying those parcels of land in the city which are eligible for the special procedures available to applicants proposing creative development plans requiring special review and approval procedures.
The City Council is requested to consider the use of the subject parcel as proposed via the application for Planned Development Permit, including the public benefits associated with the development.
As a contiguous site exceeding 4 acres in size and of approximately rectangular dimensions, the subject lot provides adequate size and an appropriate shape to accommodate “innovative and creative site planning,” while a team of two professional architecture firms with experience in formulation of educational facilities have spearheaded the proposed design and layout. Existing site topography will remain largely unchanged, and on-site natural features will remain intact to the extent practicable. The provision of affordable housing for educators serves a clear and demonstrable benefit to the public. Additionally, the project introduces a formal pedestrian footpath from Swift Street to Sergeant Derby Park, replacing the current, longstanding informal access path, thereby offering further public benefit.
As the subject parcel remains largely unused, development of the site for educator workforce housing facilitates appropriate infill development while retaining ample open space for future potential structures and site features and offering opportunity for active and passive recreation.
Further, by repurposing an existing site, the school district will avoid incurring additional costs associated with property acquisition while maintaining wise stewardship and effective utilization of its existing assets.
Zoning and General Plan Consistency
The project site occurs on land contained in the PF (Public Facilities) zone district and has a General Plan land use designation of CF (Community Facilities).
The project upholds consistency with the purpose of the General Plan Land Use designation of CF, described in the General Plan 2030 as below:
“Designates existing and potential community facilities, including schools, government offices, community buildings such as the Civic Auditorium, sewer and water facilities, and the City landfill. Also applies to land used by State highways.” Because the California Coastal Commission has not yet adopted the City’s General Plan 2030, and the subject site occurs on land within the Coastal Zone, the proposed project is additionally
20.9 evaluated for consistency with the City’s 1990-2005 General Plan (“2005 General Plan”). The subject site bears a Land Use Designation of “Community Facilities” pursuant to the 2005 General Plan.
The project exhibits consistency with the purpose of the General Plan Land Use designation of CF as identified in both current and former General Plan, conforming to, and fostering the attainment of, many goals and policies of both documents, as described at length in the attached Staff Report to the Planning Commission.
Design Permit
The proposed project requires approval of a Design Permit per SCMC Section 24.08.410 as a project wherein the applicant is a public agency over which the City may exercise land use controls, as a public project within the Coastal Zone, and as a project which requires a Planned Development Permit, as well as “for multiple dwellings and dwelling groups containing three or more dwelling units,” with the Design Permit intended to promote high quality of project design consistent with the standards for aesthetics typifying the Santa Cruz community. Staff have focused the Design Review on conformance of the proposal to the City’s Objective Design Standards for Multifamily Development (SCMC Section 24.12.185); an evaluation of the proposal reveals its consistency with applicable Objective Design Standards, as demonstrated in the attached compliance matrix.
As currently proposed, the project presents high quality of architecture and site design, satisfying the stated rationale of the requirement for Design Permit as identified in the SCMC and introducing a site configuration and building form aligned to the City’s Multifamily Objective Design Standards.
Coastal Permit
As proposed, the project avoids adverse impacts to views of, and public access to, the coast, and staff recommend that the Council make the findings to support approval of a Coastal Permit, as described in the attached resolution and as further detailed in the Planning Commission staff report.
Heritage Tree Removal Permit
A Heritage Tree Removal Permit is required for removal of up to six (6) Heritage trees at the subject site per City of Santa Cruz Municipal Code Section 9.56.060 due to conflicts with the location of the proposed building and associated site improvements. The submitted arborist report further recommends elimination of one additional Heritage-sized tree located on the adjacent lot immediately south of the subject site, which is also owned by the school district.
Removal of this tree on the adjacent property is not part of the subject approval and will be addressed through separate permits, should the school district seek to remove it. Conditions of approval require replacement of any tree removed with minimally two trees of at least 24-inch box-size, including foliage varieties supportive of monarch butterfly populations.
20.10 Affordable Housing
SCMC Section 24.16.020 generally requires that residential developments creating five or more new residential dwelling units provide at least 20% of their dwelling units as inclusionary (affordable) units, which must be made available for lease to low-income households at an affordable rent. Inclusionary units are restricted in perpetuity to households earning 80% or less of the Area Median Income (AMI).
As an alternative to the aforementioned requirement, SCMC 24.16.030(10)(b) offers the following means of compliance, applicable only to school-district employer-sponsored housing:
School district employer sponsored housing projects conforming to the requirements of the Teacher Housing Act of 2016 (Health and Safety Code Section 53570 et seq. or successor provisions) will be deemed to satisfy the inclusionary housing requirements of this chapter. For any such projects, an agreement must be executed to formalize that the project has met this alternate means of compliance, and annual compliance reports must be submitted to confirm compliance with the affordability provisions of the Teacher Housing Act of 2016.
The applicant has invoked the above provision, declaring the intent to pursue provision of all 100 residential units with rent restricted to a maximum of approximately 60% to 65% of market rate to serve the target population. Such rent restriction stems from compliance with the Teacher Housing Act of 2016, which defines “affordable rental housing” pursuant to Health & Safety Code Section 53572(a) as rental housing “with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income”. Conditions of approval require that the project provide full conformance with the Teacher Housing Act of 2016, bolstered through mandatory submittal of an affordable housing agreement acceptable to the City prior to issuance of any Building Permit related to the project and provision of annual reports demonstrating compliance with applicable State law.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The California Environmental Quality Act (CEQA) serves to disclose and mitigate potential environmental impacts of activities, including development projects. For assessment of the proposed project’s likelihood for impact to the environment, an Initial Study of Environmental Impact (Initial Study), dated December 2024, was prepared by consulting firm Dudek, pursuant to CEQA Guidelines Section 15074. Among other criteria, the Initial Study includes an evaluation of the project’s potential for “conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance), through a determination of whether the proposed project would not be inconsistent with any such plan or policy.
The Initial Study indicates that the project holds the potential to generate significant environmental impacts, but which can be mitigated to levels below established thresholds of significance through the adoption and incorporation of appropriate mitigation measures.
Consequently, a Mitigated Negative Declaration (MND) has been prepared in accordance with the procedures directed in CEQA to assess, disclose, and mitigate the potentially significant environmental impacts of the entire scope of the proposed project. The Draft MND, attached, identifies potentially significant environmental impacts related to hazardous materials associated with the site’s past use by the US Army Reserve. The analysis contained in the IS/MND
20.11 concludes that the proposed project will not induce a significant impact on the environment with mitigation measures implemented related to soil remediation, testing, and management. All mitigation measures included in the MND have been included in a Mitigation Monitoring and Reporting Program (MMRP) and incorporated as project conditions of approval.
A Notice of Intent to adopt a Mitigated Negative Declaration (NOI) was prepared and filed with the Santa Cruz County Clerk and submitted to the State Department of Land Use and Climate (formerly Governor’s Office of Policy and Research) Clearinghouse on December 16, 2024, initiating a 30-day period of circulation allowing for public comment through January 15, 2025.
In response, letters were received from the California Department of Conservation, dated January 10, 2025; California Department of Fish and Wildlife dated January 10, 2025, and Stephen Svete, dated January 15, 2025. None of the correspondence submitted raised concerns regarding the project’s potential to effect environmental impacts not already addressed in the Initial Study and Mitigated Negative Declaration.
With adoption and implementation of the recommended mitigation measures, the Findings of Fact under CEQA conclude that the proposed project will have no significant adverse impact on the environment.
HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP rests on three pillars: equity, public health, and sustainability. HiAP serves to ensure that all decision-makers remain informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The proposed project supports the pillar of equity by providing rental units on an infill site within a developed locale improved with sidewalks and street trees and offering direct access to public transportation, commercial goods and services, and recreational areas, including ample opportunities for recreation and respite provided by virtue of the site’s proximity to the Pacific Ocean. Through the incorporation of bicycle parking and pedestrian connections, the redevelopment fosters improved public health by promoting use of alternative modes of transportation in a resource-rich environment encouraging active transportation and outdoor recreation. Additionally, the construction of residences on an existing low-performing, underutilized site upholds sustainability through intensified development of land in a locale surrounded by urban uses and served by existing utilities and transportation infrastructure. As such, the project fortifies the three pillars of HiAP and demonstrates efficient and judicious use of the subject property.
The proposed project offers affordable housing for educators of the City while maximizing provision of off-street parking, preservation of open space, connectivity to surrounding land uses, and compatibility with the built environment in the vicinity of the subject site. Through supply of residential units dedicated to teachers and school district personnel, the project bolsters stability in staffing which benefits both students and the broader community through preparation of the local populace for successful entry into, and contribution to, the area’s economy via provision of a well-trained local workforce, while enhancing use of an underutilized site, facilitating appropriate infill development, and ensuring wise stewardship of public assets.
20.12 FISCAL IMPACT:
1. The recommendation in this report impacts the General Fund: Yes
2. This recommendation requires a budget adjustment: No
3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The applicant has paid fees to compensate for costs associated with staff’s processing of this application. The project, if approved, will contribute to increased property tax revenue to the City, and the applicant/developer will be required to pay City impact fees, generating additional sources of funding for municipal services. Over time, residential projects have the potential to have a net negative impact on the City’s general fund due to the range of services provided to residents.
Prepared By:
Timothy Maier
Senior Planner
Submitted By:
Lee Butler
Director of Planning and
Community Development
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. DRAFT RESOLUTION.DOCX
2. PROJECT PLANS, PREPARED BY EHDD, DATED NOVEMBER 1, 2024 (PART 1).PDF
3. PROJECT PLANS, PREPARED BY EHDD, DATED NOVEMBER 1, 2024 (PART 2).PDF
4. ARBORIST REPORT, PREPARED BY NIGEL BELTON, DATED MAY 24, 2023.PDF
5. NOISE EVALUATION (BASIS OF DESIGN), PREPARED BY SMITH, FAUSE, AND MCDONALD, INC. (UNDATED).PDF
6. GEOTECHNICAL AND GROUNDWATER FIELD EXPLORATION AND EVALUATION REPORT, DATED FEBRUARY 14, 2024.PDF
7. PHASE I ENVIRONMENTAL SITE ASSESSMENT, PREPARED BY MOORE TWINING ASSOCIATES, DATED JUNE 21, 2023 (PART 1).PDF
8. PHASE I ENVIRONMENTAL SITE ASSESSMENT, PREPARED BY MOORE TWINING ASSOCIATES, DATED JUNE 21, 2023 (PART 2).PDF
9. PHASE I ENVIRONMENTAL SITE ASSESSMENT, PREPARED BY MOORE TWINING ASSOCIATES, DATED JUNE 21, 2023 (PART 3).PDF
10. PHASE II ENVIRONMENTAL SITE ASSESSMENT, PREPARED BY MOORE TWINING ASSOCIATES, DATED OCTOBER 22, 2024.PDF
11. TRIP GENERATION MEMORANDUM PREPARED BY FEHR AND PEERS TRANSPORTATION CONSULTANTS, DATED OCTOBER 25, 2024.PDF
12. INITIAL STUDY OF ENVIRONMENTAL SIGNIFICANCE, PREPARED BY DUDEK, DATED DECEMBER 12, 2024.PDF
13. MITIGATED NEGATIVE DECLARATION, PREPARED BY DUDEK DATED DECEMBER 10, 2024.PDF
14. MITIGATION MONITORING AND REPORTING PROGRAM, PREPARED BY DUDEK, DATED JANUARY 24, 2025.PDF
15. TABLE DEMONSTRATING PROJECT COMPLIANCE WITH OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY DEVELOPMENT.PDF
16. STAFF REPORT TO THE PLANNING COMMISSION DATED FEBRUARY 6, 2025.DOCX
17. FEBRUARY 6, 2025 PLANNING COMMISSION MEETING ACTION SUMMARY.PDF
18. PUBLIC CORRESPONDENCE.PDF
20.13 City Council
AGENDA REPORT
DATE: 09/24/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Public Works
SUBJECT: Amendment to Santa Cruz Municipal Code Chapter 16.12 Pertaining to Sewer Rates and Charges (PW)
LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Introduce for publication an ordinance amending Santa Cruz Municipal Code (SCMC) Chapter 16.12 “Sewer Rates and Charges” by amending Section 16.12.010 Definitions and Section 16.12.130 Sewer Main Extensions Constructed and Paid for by Property Owners, and adding section 16.12.140 Reimbursement Agreement; and
2) Find that the changes are exempt from California Environmental Quality Act (CEQA) review pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273, both of which exempt for rates, tolls, fares, and other charges from CEQA, along with CEQA Guidelines Section 15308, as an action by a regulatory agency for the protection of the environment.
BACKGROUND: As the City of Santa Cruz (“City”) sewer collection system continues to age, infrastructure improvements are often necessary to maintain adequate sewer system functionality and reliability. These improvements are increasingly critical given anticipated development within the City, which will place additional demands on the City’s sewer system.
To prospectively address these concerns and facilitate necessary improvements, staff has researched potential reimbursement structures that would allow project applicants and/or developers to construct sewer improvements and later recover a portion of those costs, through connection charges paid to the City by properties that directly benefit from the improvements.
This research has culminated in the proposed amendments, which authorizes and establishes clear procedures for the City to enter into reimbursement agreements with project applicants and/or developers who construct sewer improvements. Importantly, the proposed ordinance provides the City with a mechanism to fund essential sewer improvements in a manner that is efficient, fair, and responsive to growing infrastructure needs.
The proposed ordinance is structured such that only properties directly benefiting from a sewer improvement, including through connection to, use of, or reliance on capacity provided by the
21.1 improvement, contribute a pro rata share of the cost of the improvement. Accordingly, each benefitting property’s reimbursement obligation is intended to be proportionate to the benefit conferred by the improvement.
Relatedly, project applicants and/or developers may be reimbursed for a portion of improvement costs, but remain responsible for the share of costs that are reasonably related and attributable to the development’s impact on the City’s sewer system. Overall, the proposed ordinance is structured to ensure the cost of sewer improvements is distributed reasonably and fairly among both project applicants and/or developers and properties benefiting from these improvements.
DISCUSSION: SCMC Section 16.12.130 currently provides that property owners may apply to the Director of Public Works to construct sewer main extensions as necessary to serve their property. It also provides that, under a sewer main extension agreement with the City, property owners who finance sewer main extensions may be reimbursed for actual approved costs, through sewer connection charges paid to the City by properties that later connect to the extension. At present, Section 16.12.130 narrowly contemplates a reimbursement framework for sewer main extensions constructed by property owners; it does not encompass other improvements to the City’s sewer collection system.
It is in the public’s interest to expand the scope of Section 16.12.130 to authorize the City to enter into reimbursement agreements with project applicants and/or developers who construct and finance necessary sewer improvements, whereby project applicants and/or developers may be reimbursed by those properties subsequently benefiting from any portion of the improvement.
The proposed amendments to SCMC Sections 16.12.010 and 16.12.130 and the addition of Section 16.12.140 will allow the City to facilitate necessary improvements to the City’s sewer collection system while accommodating anticipated development.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA because it will not cause physical change in the environment directly or indirectly. (Pub. Resources Code, § 21065; see also 14 CCR § 15378(b) (“Project does not include: . . . (4) The creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project . . . (5) Organization of administrative activities of governments . . .”) Further, the proposed Council action modifies and restructures fees, rates, and charges for specific purposes, including but not limited to obtaining funds for capital facilities, and is therefore statutorily exempt from the requirements of CEQA pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273, both of which exempt for rates, tolls, fares, and other charges from CEQA. The proposed Council action is also exempt from CEQA pursuant to CEQA Guidelines Section 15308, as an action by a regulatory agency for the protection of the environment.
HEALTH IN ALL POLICIES (HiAP): The goal of Health in All Policies (HiAP) is to ensure that decision-makers are informed about the impacts on the three HiAP pillars of public health, equity, and sustainability when reviewing projects and policy options. The proposed changes to the City’s Municipal Code are intended to balance public health with anticipated development.
The City’s sewer improvement regulations are needed to accommodate anticipated development while ensuring sufficient sewer system functionality and reliability.
21.2 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: No impact to the General Fund.
Prepared By:
Scott Glucs
Acting Senior Professional
Engineer
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. ORDINANCE - CLEAN.DOCX
2. ORDINANCE - REDLINE.DOCX
21.3 ORDINANCE NO. 2026-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 16.12 – SEWER RATES AND CHARGES BY AMENDING SECTION 16.12.010 – DEFINITIONS AND SECTION 16.12.130 – SEWER MAIN EXTENSIONS CONSTRUCTED AND PAID FOR BY PROPERTY OWNERS, AND ADDING SECTION 16.12.140 – REIMBURSEMENT
AGREEMENT OF THE SANTA CRUZ MUNICIPAL CODE
WHEREAS, the City of Santa Cruz (“City”) Public Works Engineering Department has determined that certain City sewer facilities lack sufficient capacity to accommodate anticipated development; and
WHEREAS, improvements to City sewer facilities are necessary to maintain adequate, reliable, and long-term operation of the City’s sewer system given anticipated development; and WHEREAS, the cost of improvements to City sewer facilities shall be fairly and reasonably distributed among properties that will directly benefit from such improvements; and WHEREAS, it is in the public interest to establish a reimbursement framework under which improvements to City sewer facilities may be financed entirely by property owners or developers, and under which property owners or developers who construct such improvements may be reimbursed by those subsequently benefiting from any portion of the improvement pursuant to a reimbursement agreement with the City; and WHEREAS, in accordance with Government Code Section 66003, a fee imposed pursuant to a reimbursement agreement by and between a local agency and a property owner or developer for that portion of the cost of a public facility paid by the property owner or developer which exceeds the need for the public facility attributable to and reasonably related to the development, is exempt from requirements contained in Government Code Sections 66001 and 66002; and WHEREAS, the proposed ordinance facilitates the financing and construction of necessary improvements to City sewer facilities and establishes a standardized framework whereby property owners or developers constructing sewer improvements may be reimbursed for that portion of costs which exceed the need for the improvement attributable and reasonably related to the development.
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
SECTION 1. Section 16.12.010 of Chapter 16.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
16.12.010 DEFINITIONS.
For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.
21.4 ORDINANCE NO. 2026-XX
2 (1) “Benefited property” means any improved or unimproved parcel of real property that the department of public works determines directly benefits from a sewer improvement, or any portion thereof, including through connection to, use of, or reliance upon capacity provided by an improvement constructed pursuant to a reimbursement agreement under this chapter.
(2) “Family” is any number of individuals living together as a single household unit. (3) “Family residence” means a building or section thereof used as living quarters for a family in which no business is conducted that requires plumbing fixtures other than water closets, bathtubs, showers, kitchen sinks or laundry sinks, and other plumbing fixtures designated for residence use.
(4) “Sewer improvement” means construction, installation, addition, rehabilitation, or modification of the City’s sewer system for the purpose of ensuring adequate operation, reliability, and capacity. This includes, but is not limited to, improvements to city sewer mains, lines, and laterals, interceptor sewers, pumping stations, and appurtenant facilities.
SECTION 2. Section 16.12.130 of Chapter 16.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
16.12.130 SEWER IMPROVEMENTS CONSTRUCTED AND PAID FOR BY PROPERTY OWNERS.
Upon recommendation by the director of public works and approval from city council by resolution, a property owner may construct a sewer improvement for the property owner’s benefit, as well as future benefited property, subject to the following conditions:
(a) Application. A property owner may apply to the director of public works to construct a sewer improvement which includes engineered plans indicating the size, capacity, length, and estimated cost of the proposed sewer improvement. (b) Public Works Review. The director of public works shall review the application and recommend approval of the proposed improvement to city council if the director finds that the public convenience and necessity will be served by the improvement.
1. Engineering, design and construction work related to a sewer improvement shall be in accord with the standard specifications of the city of Santa Cruz department of public works.
2. Construction work related to a sewer improvement shall be performed by a licensed contractor selected by the property owner or by the authorized agent of the property owner, and approved by the department of public works. (c) Council Approval. Construction work related to a sewer improvement shall be performed pursuant to an agreement between the city, the property owner and the licensed
21.5 ORDINANCE NO. 2026-XX
3 contractor. The form of the agreement must be approved by resolution of the city council; and an agreement between specific parties shall not become effective until approved and signed by the city manager.
(d) Reimbursement. A property owner who constructs a sewer improvement may enter into a reimbursement agreement with the city, in accordance with the provisions of section
16.12.140 of this chapter.
(e) Inspection. Construction work related to a sewer improvement shall be subject to inspection and supervision by the city engineer.
(f) Dedication. A sewer improvement, when completed, and approved by the department of public works, shall become the property of the city of Santa Cruz.
SECTION 3. Section 16.12.140 of Chapter 16.12 of the Santa Cruz Municipal Code is hereby added to read as follows:
16.12.140 REIMBURSEMENT AGREEMENT.
(a) The property owner shall construct the sewer improvement and bear the entire cost of the sewer improvement, including but not limited to design, engineering, construction, and inspection costs.
(b) A property owner who constructs a sewer improvement, at his or her own expense, may enter into a reimbursement agreement with the city, whereby the property owner is reimbursed for actual approved costs of the improvement by charges paid to the city by future benefited property. The agreement shall provide reimbursement only for that portion of the cost of a sewer improvement that exceeds the need for the improvement attributable and reasonably related to the development. (c) The reimbursement agreement shall be approved by resolution of the city council, after having conducted a properly noticed public hearing, at which oral or written presentations could be made, as part of a regularly scheduled meeting. (d) Subsequent to installation of the sewer improvement and pursuant to a reimbursement agreement under this section, the city shall collect from benefited properties a pro rata share of the cost of the sewer improvement. No building permit shall be issued for any benefited property unless and until the property owner has paid his or her pro rata share. (e) The method used to determine benefited properties pro rata share of costs shall distribute the reasonable cost of the improvement among all benefited properties, as well as the property owner who constructed the improvement, in proportion to the estimated benefit each will receive from the improvement.
21.6 ORDINANCE NO. 2026-XX
4 (f) The reimbursement agreement shall terminate upon the earlier to occur of: (1) payment of the full amount of actual approved costs under the agreement, or (2) twenty years from the date of execution of the agreement.
(g) In no event shall the city be liable to a property owner for failure to collect reimbursement costs.
SECTION 4. This ordinance shall take effect and be in force thirty (30) days after final adoption.
PASSED FOR PUBLICATION this 13th day of October, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this XX day of XX, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
21.7 ORDINANCE NO. 2026-XX
5 This is to certify that the above and
foregoing document is the original
of Ordinance No. 2026-xx and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
21.8 ORDINANCE NO. 2026-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 16.12 – SEWER RATES AND CHARGES; SECTION 16.12.010 – DEFINITIONS; SECTION 16.12.130 – SEWER MAIN EXTENSIONS CONSTRUCTED AND PAID FOR BY PROPERTY OWNERS; AND ADDING SECTION 16.12.140 – REIMBURSEMENT AGREEMENT OF THE SANTA
CRUZ MUNICIPAL CODE
WHEREAS, the City of Santa Cruz (“City”) Public Works Engineering Department has determined that certain City sewer facilities lack sufficient capacity to accommodate anticipated development; and
WHEREAS, improvements to City sewer facilities are necessary to maintain adequate, reliable, and long-term operation of the City’s sewer system given anticipated development; and WHEREAS, the cost of improvements to City sewer facilities shall be fairly and reasonably distributed among properties that will directly benefit from such improvements; and WHEREAS, it is in the public interest to establish a reimbursement framework under which improvements to City sewer facilities may be financed entirely by property owners or developers, and under which property owners or developers who construct such improvements may be reimbursed by those subsequently benefiting from any portion of the improvement pursuant to a reimbursement agreement with the City; and
WHEREAS, in accordance with Government Code Section 66003, a fee imposed pursuant to a reimbursement agreement by and between a local agency and a property owner or developer for that portion of the cost of a public facility paid by the property owner or developer which exceeds the need for the public facility attributable to and reasonably related to the development, is exempt from requirements contained in Government Code Sections 66001 and 66002; and WHEREAS, the proposed ordinance facilitates the financing and construction of necessary improvements to City sewer facilities and establishes a standardized framework whereby property owners or developers constructing sewer improvements may be reimbursed for that portion of costs which exceed the need for the improvement attributable and reasonably related to the development.
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
SECTION 1. Section 16.12.010 of Chapter 16.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
16.12.010 DEFINITIONS.
For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.
21.9 ORDINANCE NO. 2026-XX
2 (1) “Benefited property” means any improved or unimproved parcel of real property that the department of public works determines directly benefits from a sewer improvement, or any portion thereof, including through connection to, use of, or reliance upon capacity provided by an improvement constructed pursuant to a reimbursement agreement under this chapter.
(1)(2) “Family” is any number of individuals living together as a single household unit. (2)(3) “Family residence” means a building or section thereof used as living quarters for a family in which no business is conducted that requires plumbing fixtures other than water closets, bathtubs, showers, kitchen sinks or laundry sinks, and other plumbing fixtures designated for residence use.
(3)(4) “Sewer improvement” means construction, installation, addition, rehabilitation, or modification of the City’s sewer system for the purpose of ensuring adequate operation, reliability, and capacity. This includes, but is not limited to, improvements to city sewer mains, lines, and laterals, interceptor sewers, pumping stations, and appurtenant facilities.
SECTION 2. Section 16.12.130 of Chapter 16.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
16.12.130 SEWER IMPROVEMENTS MAIN EXTENSTIONS CONSTRUCTED AND PAID FOR BY PROPERTY OWNERS.
When for any reason the city does not extend sewer mains to serve property located within the city, the owner of such property, or an agent authorized by the owner, may apply to the director of public works for permission to construct such sewer main extensions as may be necessary to serve the property. Permission may be granted by the director if he finds that the public convenience and necessity will be served by the proposed sewer main extension, but such permission shall be subject to the following conditions:
Upon recommendation by the director of public works and approval from city council by resolution, a property owner may construct a sewer improvement for the property owner’s benefit, as well as future benefited property, subject to the following conditions:
(a) Application. A property owner may apply to the director of public works to construct a sewer improvement which includes engineered plans indicating the size, capacity, length, and estimated cost of the proposed sewer improvement.
(b) Public Works Review. The director of public works shall review the application and recommend approval of the proposed improvement to city council if the director finds that the public convenience and necessity will be served by the improvement.
21.10 ORDINANCE NO. 2026-XX
3 (a) 1. The Eengineering, design and construction work related to a sewer improvement shall be in accord with the standard specifications of the city of Santa Cruz department of public works.
(b) 2. The Cconstruction work related to a sewer improvement shall be performed by a licensed contractor selected by the property owner or by the authorized agent of the property owner, and approved by the department of public works. (c) Council Approval. The Cconstruction work related to a sewer improvement shall be performed pursuant to an sewer main extension agreement between the city, the property owner and the licensed contractor. The form of the agreement must be approved by resolution of the city council; and an agreement between specific parties shall not become effective until approved and signed by the city manager.
(d) Reimbursement. A property owner who constructs a sewer improvement may enter into a reimbursement agreement with the city, in accordance with the provisions of section
16.12.140 of this chapter. The construction work shall be subject to inspection and supervision by the city engineer.
(e) Inspection. Construction work related to a sewer improvement shall be subject to inspection and supervision by the city engineer. The cost of design, engineering, surveys, construction, inspection, and necessary environmental documents shall be borne by the property owner. The sewer main extension agreement may provide for reimbursement of actual approved costs to the property owner from sewer connection charges paid to the city by those who subsequently connect with the sewer main extension paid for by the property owner.
(f) Dedication. A sewer improvementThe sewer main extension, when completed, and approved by the department of public works, shall become the property of the city of Santa Cruz.
SECTION 3. Section 16.12.140 of Chapter 16.12 of the Santa Cruz Municipal Code is hereby added to read as follows:
16.12.140 REIMBURSEMENT AGREEMENT.
(a) The property owner shall construct the sewer improvement and bear the entire cost of the sewer improvement, including but not limited to design, engineering, construction, and inspection costs.
(b) A property owner who constructs a sewer improvement, at his or her own expense, may enter into a reimbursement agreement with the city, whereby the property owner is reimbursed for actual approved costs of the improvement by charges paid to the city by future benefited property. The agreement shall provide reimbursement only for that portion of the cost of a sewer improvement that exceeds the need for the improvement attributable and reasonably related to the development.
21.11 ORDINANCE NO. 2026-XX
4 (c) The reimbursement agreement shall be approved by resolution of the city council, after having conducted a properly noticed public hearing, at which oral or written presentations could be made, as part of a regularly scheduled meeting. (d) Subsequent to installation of the sewer improvement and pursuant to a reimbursement agreement under this section, the city shall collect from benefited properties a pro rata share of the cost of the sewer improvement. No building permit shall be issued for any benefited property unless and until the property owner has paid his or her pro rata share. (e) The method used to determine benefited properties pro rata share of costs shall distribute the reasonable cost of the improvement among all benefited properties, as well as the property owner who constructed the improvement, in proportion to the estimated benefit each will receive from the improvement. (f) The reimbursement agreement shall terminate upon the earlier to occur of: (1) payment of the full amount of actual approved costs under the agreement, or (2) twenty years from the date of execution of the agreement.
(g) In no event shall the city be liable to a property owner for failure to collect reimbursement costs.
SECTION 4. This ordinance shall take effect and be in force thirty (30) days after final adoption.
PASSED FOR PUBLICATION this 13th day of October, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
21.12 ORDINANCE NO. 2026-XX
5 PASSED FOR FINAL ADOPTION this XX day of October, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2026-xx and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
21.13 City Council
AGENDA REPORT
DATE: 09/21/2026
AGENDA OF: 10/13/2026
DEPARTMENT: City Clerk
SUBJECT: County Library Advisory Commission Appointment (CC) RECOMMENDATION: Appoint one at-large County Library Advisory Commissioner with a term ending April 19, 2028.
BACKGROUND: In 2015, the City Council approved an amendment to the Joint Powers Agreement between the City of Santa Cruz and the County of Santa Cruz and the Cities of Capitola and Scotts Valley related to Library services. The amendment included establishing a Library Joint Powers Governing Board. The amendment also established a Library Advisory Commission that will advise the Governing Board.
DISCUSSION: Due to a resignation, the City of Santa Cruz has a vacancy on the Library Advisory Commission and must appoint someone to serve the completion of the unfinished term, which ends April 19, 2028. Following the completion of this term, the appointee will be eligible for reappointment. The following people are seeking appointment:
Judi Grunstra
Alex Ow
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Does not require CEQA review as it does not meet the definition of a “Project” under CEQA. The proposed Council action will not result in “a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment[.]” (Public Resources Code § 21065.)
HEALTH IN ALL POLICIES (HiAP): This is an administrative process and is not directly related to Health in All Policies.
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 impacts.
22.1 Prepared By:
Bonnie Bush
City Clerk
Submitted By:
Michelle Templeton
Assistant City Manager
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. APPLICATION - GRUNSTRA.PDF
2. APPLICATION - OW.PDF
22.2 22.3
22.4 22.5
22.6 1) Why are you interested in this position? What particular skills would you bring to the advisory body? I love libraries and believe that they play an essential role in every community, especially ours in Santa Cruz. I have always been an avid user of the library, first as a child living in Texas and then the suburbs of Los Angeles. In college at UCLA, I loved studying in the library and would stop there in between classes whenever I had time. As a young adult, I frequented many branches of the Los Angeles Public Library and then as soon as we moved to Santa Cruz, I got my library card. But, libraries aren’t just about books, they are about providing a space for people to meet, share ideas, and learn new things. Libraries provide a hub in the community and free and easy access to knowledge and learning materials for everyone is extremely important to me. Also, the activities and events the library provides for every age and group of people is tremendous. I feel strongly that people need more reasons to get out and have face to face interactions with others and the library provides countless opportunities to make this happen.
In terms of skills I will bring, I have experience in events and marketing and can help the library promote their offerings to our community. I have many connections to the community that can help build relationships with our local schools and businesses. I also have experience with fundraising which is always essential! 2) What types of diverse interests/experiences would you bring to the Commission/Committee/Board? I am a parent to an elementary school child who will move on to middle school next year. We borrow books from the library on a weekly basis and when my son was younger, we spent hours attending the various storytimes at different branches. I think I will bring a young family perspective and perhaps my experiences in my other volunteer positions will enlighten any thoughts I may have on this committee.
3) List community/volunteer activities with which you have been involved in the last five (5) years.
Since this past spring I have been the president of Santa Cruz City Soccer Club and before holding this position, I was the operations director for 4 years. I am also the volunteer and events chair for Westlake Elementary’s PTA and have been for the past 5 years. I am also currently part of the campaign committee helping to fundraise for the new Downtown Library.
22.7 City Council
AGENDA REPORT
DATE: 09/24/2026
AGENDA OF: 10/13/2026
DEPARTMENT: Public Works
SUBJECT: Road Safety Action Plan (PW)
LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Adopt the City of Santa Cruz Road Safety Action Plan (SAP); 2) Direct staff to conduct an Engineering and Traffic Survey to reduce speed limits where feasible on streets with 30mph speed limits and in school zones; 3) Direct staff to apply for grant funds for road safety projects through Highway Safety Improvement Program (HSIP) Cycle 13 and the Caltrans Sustainable Communities Transportation Planning Program;
4) Direct staff to utilize existing Safe Streets for All (SS4A) funding to pilot rest-in-red & leading pedestrian interval (LPI) signal timing on High Injury Network (HIN) and High Risk Network (HRN) streets;
5) Approve of the City Manager’s establishment of a City staff working group to review fatal and severe injury (FSI) crash locations and meet regularly to discuss SAP implementation; 6) Direct staff to write a letter to Caltrans requesting additional safety measures on Caltrans owned facilities, including SR1/Mission Street and the intersection of SR1/SR9; and 7) Direct staff to return with a project scope and budget for a pilot project to select and test traffic calming devices for emergency response routes that do not increase emergency response times or damage fire apparatus.
BACKGROUND: The City of Santa Cruz (City) has a long-standing commitment to improving safety on local roadways. The City adopted a Vision Zero resolution on August 27, 2019, setting a goal to eliminate traffic fatalities and serious injuries on City streets by 2030. In 2021, the City completed a Local Road Safety Plan (LRSP) that outlined actions the City could take to implement safety improvements. Despite these efforts, from 2020-2024, there were 16 deaths
23.1 and 94 people were seriously injured in crashes while traveling in the City, highlighting that there is more work to be done.
In addition to identifying priority projects, an approved LRSP is necessary for the City to access state and federal grant funds for safety projects, and the plan must be updated every five years to maintain eligibility. In 2023, the City was awarded funding through the federal Safe Streets and Roads for All (SS4A) program to develop a Safety Action Plan that would serve to update the LRSP. The Santa Cruz Road Safety Action Plan (SAP) replaces the LRSP as the City’s guide for improving safety.
The SAP provides a data-driven, actionable plan to eliminate fatal and serious injury crashes, also known as fatal and serious injuries (FSI) crashes. It includes a review of previous plans and efforts, an analysis of past crashes and risk factors, and a summary of community input on road safety in the city. The SAP identifies multiple recommendations for policy and programmatic changes as well as roadway infrastructure changes to improve road safety outcomes.
Key Findings of the SAP include:
Focusing investments on 7% of the City roadway has the potential to address more than 50% of fatal and serious injury crashes.
Two thirds of FSI crashes involve someone walking or biking. The top contributing factors in FSI crashes were unsafe speeds (17%), pedestrian violations (17%), and alcohol or drugs (14%).
10% of crashes within the City occurred on SR1/Mission Street, a state-owned roadway.
The SAP is based on the Safe Systems Approach, which acknowledges human mistakes and vulnerabilities and encourages comprehensive and proactive steps to prevent serious injuries and fatalities on roadways. This approach acknowledges that people can and will fail, but that our systems should be designed so that when this happens, it does not result in death and serious injury. A key component of the Safe Systems Approach is shifting from an individual view of roadway safety to a collective view. Another key component is the focus on FSI collisions rather than all collisions. Focusing on FSI collisions places the emphasis on addressing the collisions that are life-altering and designing roadway systems to be safer so that collisions are more survivable. The Safe Systems Approach has been adopted by the Federal Highway Administration and Caltrans and is used by countries across the world.
Recommendations in the SAP were informed by a working group that included City staff from various departments, including the City Manager’s Office, Public Works, Police, and Fire, as well as external partners including Caltrans, Santa Cruz County Health Services Agency, and Ecology Action. Because two-thirds of collisions in Santa Cruz involve people walking and biking, the planning team also reviewed feedback collected during the Active Transportation Plan Update, which identified issues affecting safety for people walking and biking.
The SAP identifies streets with a history of collisions and uses a data-driven proactive approach to identify streets with a higher risk of FSI collisions happening in the future. The most recent five years of collision data were used to identify the High Injury Network, which are the streets where most collisions have occurred. This analysis showed that 74% of all fatal and serious injury crashes occur on just 12% of city-owned roadway miles. These roadways are called the High Injury Network (HIN). The risk of future collisions was also integrated into the study.
National research was used to identify streets with characteristics (such as traffic volumes,
23.2 speeds, and neighborhood demographics) that are predictors of future FSI crashes. This data was used to create the High Risk Network (HRN), which identifies streets where collisions would be more likely to occur in the future. The HRN includes just 13% of city-owned roadway miles and makes up 61% of all FSI crashes.
The project team looked at the HIN (where collisions have occurred) and the HRN (where collisions are more likely to occur) and combined them to form the Priority Network. Streets that make up the Priority Network are on both the High Injury and High Risk Networks, and these roadways account for 7% of City-owned roadway miles and have the potential to address more than 50% of fatal and serious injury crashes. In focusing investments on the 7% of roadways with the greatest potential for serious injury and fatality collisions, the City can target limited resources to have the greatest impact to improve safety and achieve Vision Zero goals. Maps of the High Injury, High Risk, and Priority Networks are included in the attachments.
Within the City of Santa Cruz, a substantial number of collisions occur on state-owned roadways. One in ten crashes that occurred in Santa Cruz between 2020 and 2024 occurred on Mission Street; and nearly half of these crashes (47%) involved a bicyclist or a pedestrian. The intersection of Highways 1 and 9 is the top High Injury Intersection in the City. In addition to collision data, Highway 1/Mission Street and the intersection of Highways 1 and 9 came up frequently as a concern during public outreach and stakeholder engagement. State-owned roadways are controlled by Caltrans, making engagement with Caltrans critical to achieving Vision Zero goals. This report recommends that the City Council send a letter to Caltrans requesting additional safety measures on Caltrans facilities.
Related to roadway safety, at the City Council meeting of August 25, 2026, staff presented concepts for Complete Streets design elements on the Bay Corridor. Following discussion of options for traffic calming on proximate routes designated as emergency response routes, Council directed staff to collect data from the last two years regarding Fire Department response on arterial and collector streets and provide the results to the City Council when staff returns with the SAP. Staff from Public Works, Fire, and Information Technology coordinated on the attached map.
DISCUSSION: The SAP used a data driven process guided by stakeholder input to develop a targeted set of recommendations that includes new policies and programs, funding recommendations, and infrastructure projects. Infrastructure recommendations include both systemic recommendations, which can be applied broadly across the city, and specific recommendations for Ocean Street, Laurel Street, and Water Street, which were identified on both the High Injury and High Risk Networks. These recommendations include actions to be taken by various City departments and community partners, acknowledging that a collaborative approach is needed to improve safety.
Staff reviewed the SAP recommendations and identified those that can be acted on now, which are included as recommended actions in this staff report. These recommendations are as follows:
Reduce speed limits where feasible on 30mph corridors and in school zones. Unsafe speed was the most common collision factor in FSI collisions in the city, and AB382, AB43, and AB1014 amended existing speed law to allow speed limit reductions on streets identified as part of a City’s HIN, as well as in school zones and corridors with high bicycle and pedestrian activity. Staff have completed an initial review of streets with 30mph speed limits and propose to conduct an Engineering and Traffic Survey to re23.3 evaluate speeds on these streets and reduce limits to 25mph where feasible and 15mph in school zones. This item will return to the City Council for review and approval in 2027. Pursue funding for safety projects on HIN and HRN streets. This report recommends applications for Caltrans Sustainable Communities Transportation Planning Program funds for a comprehensive corridor study for Soquel Avenue and applications for Highway Safety Improvement Program (HSIP) Cycle 13 funding for bike lanes on Frederick Street and La Fonda Avenue, intersection improvements at the intersection of Broadway and Seabright Avenue, and roadway safety improvements on Soquel Avenue, including signal timing, pedestrian crossings, and addition of bicycle facilities. Soquel, Broadway, and Seabright Avenues are all on the Priority Network, and improvements on La Fonda Avenue and Frederick Street are recommended in the Active Transportation Plan. HSIP Cycle 13 application concepts are described in detail in the staff report to the Transportation and Public Works Commission at their September 28th meeting, which is provided as an attachment.
Pilot rest-in-red & leading pedestrian interval (LPI) signal timing on HIN and HRN streets. Rest-in-red means that drivers approaching a signal at night would get a red light, forcing drivers to stop, which reduces speeds along the roadway. LPI gives pedestrians a few seconds head start over drivers at intersections, which makes people walking more visible to drivers. This pilot is funded through already secured FHWA SS4A grant funds. The City Manager will convene a City staff working group (made up of City Police, Fire, Public Works Departments, and potentially other City staff) to review FSI crash locations and meet regularly to discuss SAP implementation. This staff working group may consult with external parties (such as Caltrans and consultants) on an as-needed basis. Engage with Caltrans. The SAP identified that one in ten collisions in the City of Santa Cruz occur on a state-owned facility. The intersection of Highways 1 and 9 is the highest collision intersection in the City. State-owned facilities were consistently brought up as a key concern by stakeholders. This report recommends preparing a letter from the City Council to Caltrans highlighting SAP findings and requesting safety improvements on state highways. Staff will also continue engaging with Caltrans to advocate for safety improvements.
In addition to the recommended actions, staff will continue implementation of funded safety projects, including Rectangular Rapid Flashing Beacons at seven intersections throughout the city, separated bike lanes on Water Street, striping improvements on Laurel Street, Front Street intersection improvements, and Bay Corridor improvements.
The draft SAP can be found on the City’s website here:
https://www.santacruzca.gov/Government/City-Departments/Public-Works/TransportationEngineering The Transportation and Public Works Commission (TPWC) reviewed the draft SAP at their meeting on August 17, 2026. TPWC unanimously approved a motion to recommend that City Council adopt the SAP, pursue speed limit reductions, and establish a Road Safety Task Force.
23.4 The SAP includes biannual reporting to the TPWC, which reviews and advises on roadway safety in Santa Cruz.
Traffic Calming and Emergency Response Routes:
Following Council direction on August 26, 2026 to collect data on routes used by emergency responders, staff from Public Works and Fire reviewed existing data and discussed challenges and opportunities for traffic calming on emergency response routes. The Fire Department’s available data does not include routing information; only destination data is recorded. Fire Department staff are trained to make real-time routing decisions based on origin, destination, time of day, construction, traffic conditions, and other relevant factors to reach their destination as quickly as possible. Data on call destinations is available. A heatmap of call destinations overlaid with roadways classified as arterials and collectors and current emergency response routes is included as an attachment.
The Federal Highway Administration has published information about the impacts of traffic calming measures on non-personal passenger vehicles, including fire response vehicles. Speed humps, speed tables, raised intersections, and raised crosswalks are discouraged along primary or routine emergency response routes due to increased response times and concerns about damage to fire vehicles. The Santa Cruz Fire Department completed a Community Risk Analysis in 2025, which found that local emergency response times fall short of national standards. Reducing response times is critical to improve post-crash care and accomplish the goals of the SAP.
Speed cushions and offset speed tables are two traffic calming measures developed specifically to accommodate fire vehicles and may provide opportunities to slow personal vehicles on emergency response routes without significantly increasing response times. Fire Department staff requested the ability to review and test any traffic calming measures that are proposed on emergency response routes to assess impact to response times and potential damage to the Fire Department’s specific response vehicles. In order to balance community requests for traffic calming on fire response routes and community needs to improve response times and to reduce costly Fire vehicle maintenance and the time emergency response vehicles are out of service, staff recommend developing a pilot program to test traffic calming measures. The purpose of the pilot would be to jointly assess and select traffic calming features for pilot installation and testing. If approved, staff will return to the City Council with a pilot proposal and cost estimate.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
These actions provide recommendations on transportation planning and funding. Project level CEQA analysis will occur on individual project basis.
HEALTH IN ALL POLICIES (HiAP): The proposed project is in alignment with the City’s HiAP initiative by supporting Health and Wellness and Healthy Environments. The SAP aims to reduce fatalities and serious injury collisions for everyone using our roadways. Improving safety for people walking and biking supports healthy options for travel, aids in our climate goals, and supports healthy environments.
FISCAL IMPACT:
1. The recommendation in this report impacts the General Fund: No
2. This recommendation requires a budget adjustment: No
3. The recommendation creates an on-going expenditure commitment: No
23.5 FISCAL IMPACT DESCRIPTION: The recommendations identified in this report will be completed with Public Works operating funds and funding included in the existing capital project budget. This action directs staff to apply for grant funding from the Caltrans Sustainable Transportation Planning Grant program and the Highway Safety Improvement Program. If awarded, required local matches would come from staff time and the Gas Tax, and staff will return to the City Council to request that the grant funds be accepted and appropriated.
Prepared By:
Amelia Conlen
Transportation Planner II
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. HIGH INJURY NETWORK.PDF
2. HIGH RISK NETWORK.PDF
3. PRIORITY NETWORK.PDF
4. FIRE DEPARTMENT CALL LOCATIONS - HEAT MAP.PDF
5. TPWC STAFF REPORT FROM SEPTEMBER 28, 2026.DOCX
6. FIRE CHIEFS ASSOCIATION OF SC COUNTY LETTER OF OPPOSITION DATED 9-22-
26.PDF
DIRECT LINK TO DRAFT SAP:
https://www.santacruzca.gov/files/assets/city/v/1/pw/documents/transportation/2026-07-22- santa-cruz-sap_layout-draft_v4.pdf
23.6 26
Figure 11. High Injury Network (HIN) and Intersections for all travel modes.
23.7 28
Figure 12. High Risk Network for all travel modes.
23.8 30
Figure 13. Priority Network, composed of the Crash- and Risk- based analysis results.
23.9 23.10
P:\6\PWAD\ 770-40.80\HSIP Cycle 13 Grant Applications
Revised:
Transportation and Public Works Commission
AGENDA REPORT
DATE: September 8, 2026
AGENDA OF: September 28, 2026
DEPARTMENT: Public Works
SUBJECT: HSIP Cycle 13 Grant Applications
LOCATION: Districts 1 & 2
RECOMMENDATION: Motion to recommend that the City Council apply for, accept, and appropriate funds from the California Department of Transportation Highway Safety Improvement Program (HSIP) Cycle 13 for three projects:
1. Frederick Street and La Fonda Avenue Bike Lanes Set-aside
2. Broadway and Seabright Avenue Pedestrian Crossing Set-aside
3. Soquel Corridor Safety Project Benefit Cost
BACKGROUND: The Highway Safety Improvement Program (HSIP) is a core federal-aid program to States for the purpose of achieving a significant reduction in fatalities and serious injuries on all public roads. California's Local HSIP focuses on infrastructure projects with nationally recognized crash reduction factors (CRFs). The HSIP program includes two categories: a Benefit/Cost (B/C) approach that utilizes collision history and data driven countermeasure solutions, and a set-aside that focuses on core areas that the state is seeking to improve, including pedestrian safety, bicycle safety, and rural road safety. For the B/C category, HSIP projects must be identified on the basis of crash experience, crash potential, crash rate, or other data-supported means. Benefit/Cost (B/C) analysis is the key factor for funding through HSIP. Applications submitted must have a minimum B/C ratio of 3.5 to be considered in the selection process. Based on prior Cycles, a competitive project needs to have a score of at least 7, and ideally over 10. HSIP projects are intended to address strategic focus areas using the Safe Systems Approach and Strategic Highway Safety Plan.
The HSIP program requires that a submitting jurisdiction have an approved Local Roadway Safety Plan (LRSP) or equivalent document. The City of Santa Cruz (City) has an approved LRSP, and Council will review the Safety Action Plan (SAP) for approval at the October 26, 2026 meeting.
The Transportation and Public Works Commission reviewed the SAP at their August 17, 2026 meeting. At that time, TPWC reviewed the Priority Network. Staff and TPWC had extensive dialogue about the importance of prioritizing projects for implementation that advance efforts towards our Vision Zero goal of eliminating serious injuries and fatalities on our roadways. Using data driven countermeasures for projects on the Priority Network will have the largest impact towards our Vision Zero goal.
23.11 At its April 28, 2026 meeting, Council adopted the Active Transportation Plan (ATP) which prioritized improvements for biking and walking citywide. Two out of every three fatal or serious injury crashes within Santa Cruz city limits involved a person walking or biking. Priorities from the ATP were also considered in this grant application.
DISCUSSION: For HSIP Cycle 13, the City used the draft Safety Action Plan, Active Transportation Plan, and the HSIP grant guidelines to prioritize projects for submittal. Based on that, the City plans to submit for the following projects:
Bike Lane Set-aside: Frederick Street and LaFonda
City staff recommend submitting a Bike Safety Set-Aside application to install Class 2 bike lanes on Frederick Street between Soquel Avenue and Broadway and to install a bidirectional separated bike lane on La Fonda Avenue between the Park Way Path and Harbor High School.
Neither of these projects are on the priority, high risk, or high injury network for Safety Action Plan. Frederick Street ranked as a “medium” priority in the ATP to install bike lanes. La Fonda ranked as a “low” priority in the ATP to install separated bike lanes.
When evaluating projects that would qualify for the bike safety set-aside, staff first used the SAP as a screening tool. After evaluating the corridors on the Priority Network, staff could not identify a project that could be completed within the funding allowable and the required timeline.
Staff next used the Active Transportation Plan for screening. From this, we identified projects on Frederick Street and La Fonda Avenue as candidates for the bike safety set-aside program.
In recent years, we’ve heard community feedback about Frederick Street being a challenge for biking, and a limit for community mobility and network connectivity. This has been highlighted with the recent closure of the Murray Street Bridge and with development proposals for projects on Frederick Street. Installation of narrow Class 2 bike lanes (4-5 feet) would require removal of parking on one side of the roadway and removal from both sides would yield buffered bike lanes.
Staff has also been working with Santa Cruz City Schools and Harbor High on student mobility.
During outreach for the ATP and for the Active Transportation Program Cycle 8 grant development, students, faculty, and parent communities from Harbor High requested a bidirectional separated bike lane on La Fonda Avenue between the Harbor High driveway and the crosswalk connecting to the pathway to Park Way. This proposed project would implement that request.
City staff also considered this funding source for separated bike lanes on Morrissey Boulevard between Soquel Avenue and Fairmount Avenue, however the corridor exceeded the available grant funds.
The maximum funding request is $360,000. Budget development is underway. HSIP would provide 90% of total project costs. The local share would come from Gas Tax. Construction would begin prior to 2030 as timing allows.
Pedestrian Set-aside: Broadway at Seabright Avenue
The intersection of Broadway and Seabright Avenue is defined as a High Injury Intersection in the draft Safety Action Plan. Both Broadway and Seabright Avenue are on the priority network.
These corridors ranks “medium” priority in the ATP. In recent years, staff has engaged
23.12 extensively with the surrounding community, including Gault Elementary School and the Slow Down Broadway group. This project idea was identified in the Local Roadway Safety plan.
The proposed project at the intersection of Broadway and Seabright Avenue would install a pedestrian scramble, upgrade all curb ramps to modern accessibility standards, install accessible pedestrian signals, modify striping to improve visibility, implement “turn hardening” to slow vehicles, and install signage reinforcing the school zone speed limit. These changes are intended to improve the crossing for people walking and biking and reduce collisions at this High Injury Intersection.
Staff considered a variety of other unsignalized crossing improvement projects based on resident requests; however, the requested locations did not fit into this budget or were not identified as High Injury Intersections in the SAP or ATP.
The maximum funding request is $360,000. Budget development is underway. HSIP would provide 90% of total project costs. The local share would come from Gas Tax. The application would have a construction allocation by 2030.
Benefit-Cost Safety Project: Soquel Corridor
The Soquel Corridor is on the Priority Network in the SAP and is identified as a “High” priority project in the ATP. For this effort, the project limits are from River South to Seabright Avenue.
Key concerns on the Soquel Corridor are speed and bike and pedestrian safety. The proposed projects uses multiple strategies to target these concerns. At signals, the project proposes a “green wave” signal progression to synchronize adjacent traffic signals so vehicles traveling at a target speed pass through a series of green lights without stopping if they are traveling at a lower target speed. This project would also install “no turn on red” signs and leading pedestrian intervals at signals, as recommended in the Safety Action Plan. Additional changes to phasing and geometry at intersections within the project limits are being explored to mitigate potential increases to intersection delay while making the above safety improvements.
To improve safety for people walking and biking, the City is considering a lane reduction and/or parking modifications between River Street South and Branciforte Avenue in order to make space for separated bicycle facilities. The results of a traffic operations analysis are expected in mid-October and will inform that final recommended project. The minimum goal is to add a bicycle lane on westbound Soquel Avenue between Ocean Street and Branciforte Avenue and reduce corridor speeds via signal coordination. The proposed project also includes additional marked pedestrian crossings with enhanced safety features at the intersections with Doyle, Pennsylvania, and Ocean View, as well as median noses at side street crosswalks to serve as gateway features for changing roadway context.
The project elements may change as budget development continues to achieve a competitive benefit/cost ratio. A competitive project on this corridor is expected to be between two and four million dollars. The project will likely include improvements to traffic signals which will make the Traffic Impact Fee and eligible matching source. If the grant is successful, the project would begin design in 2028 and construction in 2030.
23.13 Staff also considered using this funding source for Citywide type improvements or for highranking corridors such as Ocean Street. At this time, staff believe the required engineering analysis to reduce speed limits and accompanying signal timing modifications to reduce traffic progression speeds can be done in-house or with available operating funds. Further improvements on Ocean Street were deferred to the future application cycles to better align with a future paving project.
CEQA DETERMINATION: There projects are exempt from CEQA per California Public Resources Code section 21080.25(b)(1).
HEALTH IN ALL POLICIES: This project supports Health in All Policies by improving safety for all roadway users. This project will help to achieve these General Plan, Health in All Policies, and Climate Action Plan goals by increasing safety for non-motorized users and making Santa Cruz an easier, more connected place to move about using active modes.
This project is aligned with the Safety Action Plan and Vision Zero goals of the City of Santa Cruz to eliminate serious injuries and fatalities on our roadways.
FISCAL IMPACT:
1) The recommendation in this report impacts the General Fund. [ ] Yes [X] No 2) This recommendation requires a budget adjustment [ ] Yes [X] No 3) The recommendation creates an on-going expenditure commitment. [ ] Yes [X] No FISCAL IMPACT DESCRIPTION: This project is 90% state funded and requires a 10% local match. The local match will come from Gas Tax.
Prepared By:
Claire Gallogly
Principal Transportation
Planner
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
Director of Public Works
ATTACHMENTS:
23.14 SUBJECT: Opposition to Vertical Traffic Calming Devices (Speed Humps/Bumps) and Reaffirmation of Authority Having Jurisdiction (AHJ) Approval Authority
ORGANIZATION: Fire Chiefs Association of Santa Cruz County: Fire Prevention Officers Section DATE: September 22, 2026
1. Executive Summary
The Fire Chiefs Association of Santa Cruz County: Fire Prevention Officers Section firmly opposes the installation of vertical traffic calming devices—specifically speed humps, speed bumps, and related physical roadway impediments—on public and private roadways within Santa Cruz County. While the stated goal of traffic calming is enhanced pedestrian and neighborhood safety, empirical evidence demonstrates that physical obstruction devices significantly compromise overall public safety by hindering emergency medical services (EMS) and fire suppression response capabilities.
Furthermore, this position paper serves to reinforce the statutory authority of the Fire Code Official/Authority Having Jurisdiction (AHJ) under California Fire Code (CFC) Section 503.4.1, which mandates that traffic calming devices shall not be installed without explicit, final approval from the AHJ.
This paper draws upon data and analysis from the comprehensive technical report, "The Effects of Traffic Calming Devices on Emergency Responses and the Public" (Dias & Jercich), to outline the core operational, legal, and environmental impacts of traffic calming devices and to propose viable alternatives.
2. Statutory Authority: CFC Section 503.4.1
Pursuant to the California Fire Code (CFC), Section 503.4.1 explicitly governs the placement of impediments on fire apparatus access roads:
"Traffic calming devices shall not be installed without approval of the fire code official." This statutory provision establishes the Fire Chief or Fire Marshal as the final approving authority (AHJ) for any proposed roadway design modifications that affect emergency access. Municipal decisions or public works initiatives that grant neighborhood traffic calming requests without formal AHJ concurrence create significant public safety liabilities and directly circumvent established fire safety codes. Fire agencies evaluate roadway networks based on system-wide response coverage goals, and
23.15 the unrestricted proliferation of speed humps undermines these critical public safety benchmarks.
3. Operational & Public Safety Impacts
Increased Response Times
Emergency medical and fire suppression agencies operate under strict Standards of Response Coverage (SORC), targeting rapid interventions to prevent structural flashover and reverse life-threatening medical events. For example, sudden cardiac arrest (SCA) survival rates decline dramatically after 4 to 6 minutes. Studies cited in the referenced paper indicate that each speed hump/bump adds 9 to 30 seconds to emergency response times. When transporting critical patients to medical facilities, ambulances traverse these devices twice, doubling the delay. A response delay of even one minute can mean the difference between life and death or total loss of property.
Vehicular & Delicate Equipment Damage
Heavy fire apparatus (weighing 13 tons or more) traversing vertical humps experience severe weight shifts and frame flexing. Documented damages across California fire departments include cracked apparatus frames, sheared front axles, flattened suspension springs, and broken body welds.
Additionally, violent vertical impacts jeopardize delicate aboard medical equipment, such as cardiac monitors and defibrillators.
Personnel & Patient Injuries
Traversing vertical humps—even at reduced speeds—presents significant workplace safety hazards for firefighters, including lumbar compression and head injuries. For patients undergoing ambulance transport, particularly those with suspected cervical spine injuries or acute trauma, passing over speed humps induces severe discomfort and risks secondary spinal injury.
Traffic Diversion & Secondary Hazards
Installing humps on designated neighborhood streets frequently diverts non-local traffic onto adjacent residential roadways, compounding congestion on alternative routes and delaying emergency apparatus navigating secondary corridors.
23.16 4. Summary of Traffic Calming Impact Categories
Impact Category Key Findings & Operational Concerns
Increased Response Times Adds 9–30 seconds per hump; erodes SORC benchmarks for flashover prevention and sudden
cardiac arrest intervention.
Vehicle & Equipment Damage Causes frame cracking, axle shear, suspension failure, and risk to calibrated emergency medical
equipment.
Personnel & Patient Risk Induces vertebral compression injuries in firefighters and aggravates spinal trauma in
transported patients.
Civil & Legal Liability Substantially increases municipal exposure to litigation resulting from emergency delays or
vehicular accidents.
Environmental Impact Significantly increases vehicle emissions (NOx, CO2, hydrocarbons) due to repeated braking and
acceleration.
ADA Accessibility Restricts paratransit access and causes disproportionate discomfort/pain to individuals
with physical disabilities.
5. Recommended Alternatives & Policy Strategy
The Fire Chiefs Association of Santa Cruz County: Fire Prevention Officers Section recognizes the importance of controlling excessive neighborhood speeds. However, vertical speed impediments represent the most disruptive and high-risk solution available. We recommend that the Santa Cruz County Board of Supervisors and Public Works Department adopt a collaborative traffic management
23.17 strategy prioritizing non-obstructive alternatives:
1. Establish Primary & Secondary Emergency Routes: Formally designate primary emergency response corridors within Santa Cruz County where vertical traffic calming devices are strictly prohibited.
2. Enhanced Speed Enforcement: Utilize targeted law enforcement patrols, radar trailers, and legal speed limit adjustments to regulate traffic flow without physical road impediments.
3. Curb Extensions (Bulb-outs): Visually narrow travel lanes to encourage driver deceleration while preserving full lane width for heavy emergency apparatus.
4. Speed Tables & Raised Intersections: Where physical devices are deemed necessary after thorough engineering review, favor flat-topped speed tables or raised intersections, which offer smoother transitions for large response vehicles compared to standard humps/bumps.
5. Circular Islands & Chicanes: Implement geometric roadway features that calm traffic by altering horizontal alignment rather than inducing vertical jolts.
6. Strict AHJ Review Process: Enforce full compliance with CFC Section 503.4.1 by requiring formal signoff from the AHJ prior to initiating traffic calming project approvals.
6. Conclusion
Public safety requires a balanced approach that protects residents from neighborhood traffic hazards without compromising the community-wide emergency response infrastructure. Vertical speed humps and bumps severely degrade emergency access, damage crucial life-saving equipment, and increase municipal liability. Fire Chiefs Association of Santa Cruz County: Fire Prevention Officers Section remains committed to working alongside Public Works and local governing bodies to implement effective, nonimpeding traffic calming alternatives that safeguard all members of our community.
For detailed technical data and supporting case studies, refer to the foundational document: "The Effects of Traffic Calming Devices on Emergency Responses and the Public" (Dias & Jercich).
23.18 THE EFFECTS OF TRAFFIC CALMING DEVICES ON EMERGENCY RESPONSES AND
THE PUBLIC
By
Jim Dias, Battalion Chief / Fire Marshal
Aptos/La Selva Fire District
Jeanette Jercich, Fire Marshal
Central Fire Protection District of Santa Cruz County
EXHIBIT A
23.19