25920 Eden Landing Road
Hayward, CA, 94545
Phone: 510-784-0110
Fax: 510-784-1004
www.rfmacdonald.com
April 25, 2024
Ryan Smith
Wastewater Division Manager
City of Watsonville, Public Works & Utilities
Watsonville WWTF – Boiler Replacement
Quotation: QUO-152021-L0M5Y4
Revision: 0
Hello Ryan,
In response to your request we are pleased to offer our proposal for the equipment described in the attachments.
Thank you for the opportunity to quote on your requirements. We trust that we will be able to review this proposal with you at your convenience. In the meantime if you have any questions or require additional information please let me know.
Sincerely,
Carleton W Swartz Jr
Carleton W Swartz
Operations Manager / AM Sales Manager / Key Account Manager R.F. MacDonald Co.
Phone 510-774-6237
Attachment 1
April 25, 2024
QUO-152021-L0M5Y4
2 CLEAVER BROOKS HOT WATER BOILER
One (1) Cleaver-Brooks CBLE-4D-700-100-125HW
firetube boiler shall be offered as a self-contained
packaged forced draft horizontal firetube hot water boiler rated for 100 boiler horsepower with fuel input capacities of 4,200 CFH based on gas of 1000 BTU/CFH. Burner
packages will be fully automatic for firing natural gas.
Boiler will be designed for maximum hot water pressure
of 125 PSIG and have a maximum input of 4,200,000
Btu/hr with a nominal output of 3,350,000 Btu/hr.
The boiler shall be a four-pass horizontal firetube updraft boiler with 5.0 square feet of heating surface per rated boiler horsepower. It shall be mounted on a heavy steel frame with an integrated forced draft burner and burner controls. The boilers shall be completely preassembled and fire tested at the factory.
The unit shall be ready for immediate mounting on floor or simple foundation and ready for attachment of water, steam, fuel, electrical, vent and blow-down connections.
Boiler Design
The boiler shell will be constructed in accordance with ASME Section IV Code and will receive authorized boiler inspection prior to shipment. A copy of the inspection report shall be furnished to the purchaser. Two lifting eyes shall be located on top of the boiler. Front and rear doors on the boiler shall be hinged or davited. Doors are to be sealed with fiberglass tadpole gaskets and fastened tightly using heavy capscrews that thread into replaceable brass nuts. The Rear refractory and insulation shall be contained in the formed door, which must swing open for inspection of brick work. The boiler tubes shall not include turbulators, swirlers or other add-on appurtenances. Front and rear tube sheets and all flues are fully accessible for inspection and cleaning when the doors are swung open. The boiler shall be furnished with adequate handholes to facilitate boiler inspection and cleaning along with a manhole. The exhaust gas vent shall be located near the front of the boiler on the top center line and shall be capable of supporting 2,000 lbs. The boiler pressure vessel shall be completely insulated with a minimum of 2" of insulation and shall be encased in an 18 gauge metal cabinet with primer and finish coat of paint. The entire boiler based frame and other components shall be factory painted before shipment using a hard finish enamel coating.
Boiler Trim (Mounted)
• Observation ports shall be provided at each end of the boiler • Temperature gauge
• Auxiliary low water cut-off w/manual reset
• High limit, operating limit, and modulating temperature controls Boiler Trim (Shipped Loos)
• ASME rated pressure relief valve(s)
Attachment 1
April 25, 2024
QUO-152021-L0M5Y4
3 CB ProFire – MTH Series Burner
The Profire Model MTHG-42 burner includes full
modulation with parallel positioning and shall fire natural gas and digester gas at a maximum 4,200 MBTU per
hour. Capable of ultra-low NOx/CO emissions without
FGR, the MTH series features a rugged alloy fiber material combustion element over a stainless-steel frame, providing flexibility, longevity and trouble-free operation for the life of the burner. The design is ideal for use with applications where low emissions are required and FGR is impractical or inaccessible. The MTH burner with surface stabilized combustion guarantees reliable, quiet operation and is
capable of meeting today’s most stringent NOx emission
levels.
Swing-Away Air Housing
Provides easy access to the nozzle, scanner and the pilot for inspection or removal. No disconnection of fuel or power lines required.
Removable Mantle
The mantle is easily removable without disassembling the burner from the boiler. It can be serviced, inspected and replaced without disconnection of fuel or power lines.
Parallel Positioning
System includes a completely integrated burner control with fully modulating flame safeguard from a single source. High accuracy and resolution with repeatable actuator positions for efficient operation.
Digital positioning feedback from actuators ensure precise control, repeatability, reliability and independent ignition position for greater flexibility.
Low Blower Motor HP
Advanced engineering provides increased combustion air fan efficiency requiring lower blower motor horsepower, thus increasing electrical savings.
Attachment 1
April 25, 2024
QUO-152021-L0M5Y4
4 Controls The CB-Hawk 1000 system integrates a
programmable logic controller, touch screen
graphical human-machine interface (HMI), and
burner management control, used to control and
monitor the complete boiler system. The system
offers advanced technology and advanced features
for Burner Management and monitoring, firing rate
control, thermal shock protection, remote
monitoring, and building automation system
monitoring interface. The integrated control system
will consist of a programmable controller L24ER,
HMI, and burner management control, to provide
automatic burner sequencing, firing rate control,
system fault indication, self-checking diagnostics,
and fault messages. Fault messages are displayed in
plain text instead of codes. The CB-Hawk 1000’s operating parameters are password protected and cannot be altered. The Hawk 1000’s system is designed to operate with a gas, oil, or a combination burner using FARC control with PLC programming, commissioning and set up. Using a touch screen graphical HMI, the CB-Hawk 1000 allows the user to adjust various parameters such as operating set points, firing rate, alarm set points, and other control settings. The HMI provides several user interactive screens to display and indicate the status of the boilers operation, operating parameters and integrated control such as the burner management controller.
Emissions Design
The burner will include an emission control package designed and supplied by Cleaver-Brooks to meet a NOx emission limit of 9 ppm while firing natural gas and 15 ppm while firing digester gas.
Requirements
Electrical: 460V/3Ph/60Hz
A control circuit transformer will be provided to supply 120V/1Ph/60Hz to the control circuit.
Note: Digester gas requires higher heating value of 550 btu/ft3 (+/- 10%), under 5% H2O, under 1000 ppm H2S, and under 25 ppm Siloxanes for burner to function properly. 3 PSI incoming gas pressure required.
Start-Up Service
The quoted price includes the services of our service engineer to supervise starting, adjusting and testing the boiler and to instruct operating personnel in the proper operation and maintenance of the equipment. This service is to be performed when the equipment is completely installed and ready to operate with the operator available to fire the equipment and receive the instructions. Boiler insurance is to be provided by you before the start-up is ordered. Start-up services must be scheduled 2-weeks prior to the requested date for start-up.
Attachment 1
April 25, 2024
2 INSTALL SCOPE
❖ We propose to supply and install (1) CBLE Hot Water Boiler 100HP ❖ The boiler will be located on the “Open” housekeeping pad. ❖ RFM will supply the rigging and equipment needed to move the boiler into the pad ❖ RFM will anchor the boiler and build and needed supports ❖ We will extend the pad up to 6 feet to accommodate the new boiler length ❖ Complete all necessary piping connections and valves required to tie in the new boiler ❖ Hot water Supply and Return
❖ Natural Gas (Minimum 5 PSI Required)
❖ Digester Gas (Minimum 3 Psi Required)
❖ Drains
❖ Safety Relief Valves
❖ Boiler Flue will be installed through the existing penetration with rain cap and storm collar ❖ Electrical from Customer Disconnect to Boiler (BMS Integration if required by others) ❖ The customer will provide the necessary electrical power requirements for the disconnect in the boiler room. RFM will complete control wiring termination in the boiler panels as needed ❖ RFM will provide, pipe, and install Gas and Digester regulators as long as gas is available to meet the boiler requirements at the gas train
❖ Piping insulation from boiler piping to the system point of connection is included and will match the existing insulation.
❖ Factory-trained technicians start the system and adjust for proper operation ❖ Provide any necessary customer training after installation and startup NOTES
The customer to provide a lockable fused disconnect with the correct Boiler FLA rating within 30 feet of the boiler.
Minimum gas pressures and flow must be met for the burner to operate at 9ppm and 15ppm Nox All work is to be performed during normal working Hours 7 am-4 pm (Mon-Fri) Concrete Pad extension is estimated at a value of $15,000.00, if a more specific requirement is given by the county or other engineer that exceeds 15K an additional quote will be sent as a change order.
No Permits, install drawings, or permits of any kind are included in this proposal.
Factory equipment submittal drawings and wiring diagrams will be provided.
Any additional roof work needed to make the opening weatherproof to be provided by others Attachment 1
April 25, 2024
QUO-152021-L0M5Y4
5 PRICING
One (1) Cleaver-Brooks CBLE-700-100-125HW boiler as described above .......................$282,104.00 Labor to Install One (1) Cleaver-Brooks Boiler……………………………………………$198,490.00 Estimated Freight from Factory to RFM Shop .......................................................................$15,000.00 Total Project Cost Including Tax and Freight…………………………………………..…$495,594.00 Freight
Ex-works Factory.
Please note that due to the volatility in freight costs from our suppliers, we cannot provide firm pricing for freight charges. The freight cost provided is an estimate only and the actual freight charges will be invoiced based on cost at time of shipment. RFM does not park up freight.
Taxes
No sales tax included.
Warranty
Standard manufacturer’s warranty to include parts only, labor is not included. Standard manufacturer’s warranty to cover twelve (12) month from date of startup or eighteen (18) months from date of shipment, whichever occurs first.
Notes
1. The required air pollution permit is to be obtained by others. The boiler will be furnished to meet the 9 PPM NOx emission limit while firing natural gas as indicated above. However, specific requirements will not be known until a permit application is submitted and an Authority to Construct is obtained from the local Air Quality Management District. The necessary application should be submitted as soon as possible. We will assist in this process and provide the necessary information for filing the permit at your request.
2. Full boiler load as necessary to perform required emissions source test to comply with Air Quality District regulations and operating personnel during tune up and emissions testing shall be provided by the owner.
Thank you for the opportunity to quote on your requirements. We trust that we will be able to review this proposal with you at your convenience.
This Quote is valid for 60 days from 4.24.24
Attachment 1
April 25, 2024
QUO-152021-L0M5Y4
6 SALE AND PAYMENT TERMS AND CONDITIONS
The following sets forth the sale and payment terms and condition policies of R.F. MacDonald Co. It constitutes the general agreement between R.F. MacDonald Co. (“R.F. MacDonald Co.”, the “Company” or “we”) and you, its customer, under which products, service and parts are sold, credit is extended and payments are expected.
This policy supersedes all previous sales and credit, payment terms and conditions, and finance policies issued by R.F. MacDonald Co. and shall remain in effect until further notice. The company reserves the right to change this policy and agreement at any time.
EXTENSION OF CREDIT
Credit is one of the most important services R.F. MacDonald Co. offers to you as a customer. An open line of credit is established for you based upon your needs, financial strength, and history of meeting your credit obligations.
In order to insure you the best possible prices and service, we must enforce a credit and collections policy based upon sound business principles and good judgment.
INVOICING AND PAYMENT TERMS
Payment Terms are 25% down payment, balance Net 30 (upon approval of credit) on all invoices unless other arrangements are made in advance of shipment. When opening a new account with an order, the Company may require payment with the initial order so as not to delay shipments while credit references and financial information are being reviewed. We reserve the right to suspend or terminate any further performance under this agreement or otherwise in the event payment is not made when due. Quotes are valid for 30 days.
Equipment will not be started up unless 90% of the purchase price of the equipment has been paid.
Shipment Terms Unless otherwise specified in writing signed by an authorized representative of the Company, all shipments are Ex Works the manufacturer’s factory or R.F. MacDonald Co. warehouse as applicable. Title to the merchandise shall pass to the buyer upon delivery to the carrier and thereafter all risk of loss or damage shall be the buyer’s.
Service Charges We reserve the right to take action to collect any invoice which is not paid when due. We also assess a late payment SERVICE CHARGE on the day following the due date and monthly thereafter against all amounts remaining unpaid on each such date.
Subject to any limitations that may be imposed by applicable law, the amount of this charge is 1½% of the amount remaining unpaid on each such date.
This policy will be applied to customers who permit their account to become delinquent. It is your responsibility to notify R.F.
MacDonald Co. of any extenuating circumstances that may affect your payment and work out a solution. Please know that our interest lies not in collecting a service charge, but in receiving timely payments of your invoice.
Warranty on Equipment and Material Provided by Manufacturer:
You will rely solely on the warranty provided by the manufacturer. Your sole and exclusive remedy for breach of warranty shall be as provided in the manufacturer’s standard warranty.
R.F. MacDonald Co. makes no warranty express or implied of any kind. We make no claim of fitness or merchantability or any other warranty, express or implied, nor is anyone else, whether employed by R.F. MacDonald Co., or not, authorized to do so on our behalf.
We specifically disclaim the warranty of merchantability and the warranty of fitness.
You will be invoiced in the regular manner for all materials and parts even though it may be an in-warranty transaction. Credit will be issued promptly on our receipt of proof of return, and, as long as the return is within the prescribed time limit and has been properly authorized. Please note that withholding payment of any invoice in anticipation of an in-warranty credit is not allowed with our terms of sale.
For any items or components proposed as a substitute to specified items, it is understood that seller makes no guarantee that the products submitted will be accepted by the approving authority.
In no event shall R.F. MacDonald Co. be liable to you or any person, corporation or other type of legal entity for any special, direct, indirect, incidental, liquidated or consequential damage of any kind, including but not limited to, loss of products, loss of time, loss of use, loss of production, loss of savings or revenues, cost of replacement goods, labor costs or other charges in connection with product use or malfunction, the repair or replacement of defective parts whether such claims are alleged in strict liability, negligence, tort, contract or otherwise and even if R.F. MacDonald Co. is informed in advance of the possibility of such damages.
Limited Warranty on R.F. MacDonald Labor (If Applicable):
Attachment 1
April 25, 2024
QUO-152021-L0M5Y4
7 If you are retaining the services of R.F. MacDonald Co.’s service department, R.F. MacDonald Co. warrants that labor performed will be free from defect for a period of one year from the completion of work. This limited warranty excludes remedy for damage or defect caused by accident, misuse, abuse, modifications not executed by R.F. MacDonald Co., improper or insufficient maintenance, or improper operation. Installation, operation, and maintenance shall be in accordance with the product manuals provided by the equipment manufacturer. R.F. MacDonald Co. shall be notified within ten (10) business days of first knowledge of defect by owner or its agent. R.F. MacDonald Co. shall be given first opportunity to make any repairs, replacements, or corrections to the defect within a reasonable period of time. R.F. MacDonald Co. makes no implied warranty of any kind. In no event shall R.F. MacDonald Co. be liable by virtue of this limited warranty or otherwise to you or any person, corporation or other type of legal entity for any special, indirect, incidental, liquidated or consequential damage of any kind.
CLAIMS
You are responsible for inspecting merchandise on receipt and for filing claims with the carriers for damage or loss. All claims for shortages and damages must be made in writing to the carriers within ten (10) days of receipt. We suggest you call the carrier immediately upon noticing any possible freight related damage and arrange for inspection before proceeding with unpacking. Photographs taken while the delivery truck is still on sight are recommended if possible.
Under no circumstances may you withhold payment or charge the Company for freight or warranty related claims.
No claim for expenses incurred for corrective work done on merchandise provided by the Company will be considered or accepted unless specifically agreed to in writing, in advance of the work being done, by an authorized manager of the Company.
INFORMATION AND ASSISTANCE
If at any time you have a question on an invoice from the Company, a call or note to our accounting department will bring prompt action toward getting the problem resolved.
If it becomes necessary, at R.F. MacDonald Co.’s discretion, to take legal action in order to collect your account, R.F. MacDonald Co. shall be entitled to recover, in addition to any other recovery, its court costs, reasonable attorney’s fees and all other collection expenses.
If you have any questions regarding this policy, please contact our office.
We appreciate your business and look forward to providing you with reliable equipment, parts and service.
Please acknowledge below your receipt and agreement to the provisions of this policy statement.
Return the original to:
R.F. MacDonald Co.
25920 Eden Landing Road
Hayward
Phone 510-359-6423
Fax 510-784-1004
APPLICABLE LAW: This agreement shall be governed by the substantive laws of the State of California Acknowledged and Agreed To:
Company Name:
Signature:
Name/Title:
Date:
Attachment 1
221 Law Street
Thomasville, GA 31792
229.226.3024
cleaverbrooks.com
August 25, 2023
To: Whom It May Concern
Subject: RF MacDonald – Authorized Cleaver-Brooks Representative Please be advised that RF MacDonald is the Exclusive Regional Representative in the fopllowing territories for Cleaver-Brooks, Inc.
• The State of California
• The State of Nevada
Cleaver-Brooks Products include Boilers, Nebraska, Burners (ProFire, NATCOM), Controls, Heat Recovery Systems, Water Systems, Exhaust Solutions and Parts. This Regional Representation gives RF MacDonald the exclusive right to all sales and service pertaining to Cleaver- Brooks products and services, including factory authorized startup as approved for Cleaver-Brooks products by RF MacDonald factory trained technicians.
Additionally, all Service and Warranty work performed on Cleaver-Brooks Equipment must be performed by a Factory Authorized Representative. To obtain the title of “Factory Authorized”, Cleaver-Brooks requires the Service Technicians from each Representative Office to attend various C-B training courses conducted throughout each year. These courses provide the necessary certification required to perform maintenance and repairs to Cleaver-Brooks boilers, burners and controls. Cleaver-Brooks does not warranty or support the work performed by anyone other than the Cleaver-Brooks Representative, nor can we guarantee the proper operation of equipment manufactured by anyone other than Cleaver-Brooks.
This representation is exclusive to RF MacDonald in this assigned territory, and any company other than RF MacDonald claiming the right to sell directly these items pertaining to Cleaver-Brooks is not authorized by the factory.
For any questions regarding this representation, please feel free to contact me directly.
Very truly yours,
Cleaver-Brooks, Inc.
Mark Ziolkowski
Corporate Regional Manager – Western Region
Attachment 2
Reso No. (CM)
Meeting Date: 070924 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING A SOLE-SOURCE CONTRACT WITH R.F.
MACDONALD CO., LLC, A LIMITED LIABILITY COMPANY, FOR THE WWTF – BOILER REPLACEMENT, PROJECT NO. 24-07 FOR FY24/25, IN AN AMOUNT NOT TO EXCEED $545,153 (FUNDED FROM THE
WASTEWATER ENTERPRISE FUND)
WHEREAS, bidding requirements for the purchase of supplies, equipment and nonpersonal contractual services and the sale of personal property are set forth in Chapter 5 of Title 3 of the Watsonville Municipal Code; and
WHEREAS, subdivision (c) of § 3-5.210 exempts equipment that is unique, available only from one source, or sought to match existing equipment or supplies already in use (also known as a sole source purchase); and
WHEREAS, subdivision (b) of § 3-5.210 makes an exemption when reasonable attempts have been made to obtain informal bids or proposals, and less than three (3) proposals can be obtained (also known as a sole source purchase); and WHEREAS, a source of thermal energy is needed to adequately heat the anaerobic digesters at the wastewater treatment facility in order to produce Class B biosolids is consistent with federal regulations; and
WHEREAS, the digester primary and secondary heating systems are significantly impaired and operating beyond their useful lives; and
WHEREAS, R.F. MacDonald Co., LLC. is the only responsive company that can supply a boiler that meets the City’s needs and is the only vendor for the required type of boiler in the State of California; and
WHEREAS, the City Charter of the City of Watsonville requires the City Council of the City of Watsonville to approve any purchasing agreement in excess of $100,000.
Reso No. (CM)
Meeting Date: 070924 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution approving a Contract for the purchase and installation of a boiler does not meet CEQA’s definition of a “project”, because of replacement of equipment in-kind does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. The Council finds that R.F. MacDonald Co., LLC., a limited liability company, is the only local company that supplies boilers that meet the City’s needs.
3. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a sole source purchase under subdivisions (b) and (c) of § 3-5.210 of the Municipal Code.
4. That this purchase from R.F. MacDonald Co., LLC., a limited liability company, in an amount not to exceed $545,153 for FY24/25, is hereby authorized.
5. That the Contract between the City of Watsonville and R.F. MacDonald Co., LLC, for the WWTF – Boiler Replacement, Project No. WW-24-07, in an amount not to exceed $545,153, a copy of which Contract is attached hereto and incorporated herein by this reference, is hereby approved.
6. The City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
********************************
1 CITY OF WATSONVILLE
County of Santa Cruz
WWTF – Boiler Replacement
500 Clearwater Lane, Watsonville, CA 95076
Project No. WW-24-07
MAYOR
Vanessa Quiroz-Carter
COUNCIL MEMBERS
Eduardo Montesino
Maria Orozco
Kristal Salcido
Casey Clark
Ari Parker
Jimmy Dutra
CITY MANAGER
Rene Mendez
2 PROJECT NAME: WWTF – Boiler Replacement
PROJECT NO. WW-24-07-QB
All bidders and contractors shall be licensed in accordance with the laws of the State of California. At the time the contract is awarded the Contractor shall possess appropriate licenses and insurance. Copies of required permits are to be submitted with the Contractor’s bid to be deemed responsive.
Project Description: The work involves the replacement of boiler at the Wastewater Treatment Facility.
Public Works Contractor Registration. Pursuant to Section 1771.1 of the California Labor Code, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered with the Department of Industrial Relations to perform public work pursuant to Section 1725.5 of the Labor Code. It shall not be a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Contractor and their subcontractors must be have an active registration from the Public Works Contractor Registration online at https://efiling.dir.ca.gov/PWCR/Search All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Additionally, the awarded Contractor shall submit certified payroll records to the City. In addition, awarded Contractor must post jobsite notices prescribed by regulations.
GENERAL PROVISIONS
1. GENERAL BIDDING CONDITIONS
1.01A. PERMITS & LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices incident to the lawful prosecution of the work. Before execution of the contract, the Contractor shall possess a City of Watsonville Business License.
1.01B. REGISTRATION OF CONTRACTOR
Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code.
1.01C. PREVAILING WAGE
The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any public work done under this proposal by the Contractor or any of Contractor’s subcontractors. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. The provisions of Section 1775 of the Labor Code will be complied with.
3 Pursuant to the state of California, or local law thereto applicable, the City Council hereby determines that the general prevailing per diem rate in the locality in which the work is to be performed, for laborers and for each craft or type of worker and mechanic employed in the execution of the work, is the current Union Wage Scale established for Santa Cruz County.
1.01D. POSTING MINIMUM WAGE RATES
The Contractor shall post a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned.
1.01E. PAYMENT OF EMPLOYEES
The Contractor and each of the subcontractors shall pay each employee engaged in work on the project, in full, less deductions made mandatory by law, and not less often than once a week.
1.01F. RESPONSIBILITY FOR WORK
Except as herein otherwise provided, until the formal acceptance of all work by the City, the Contractor shall have the charge and care thereof and shall take every necessary precaution against injury or damage to any part thereof from any cause whatever. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any cause before its acceptance, and shall bear the expense thereof.
1.01G. RESPONSIBILITY FOR DAMAGE
The City of Watsonville, the City Council, or the Project Manager shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performance of the work; or for injury to any person or persons, either workers or the public; for damage to property from any cause which might have been prevented by the Contractor, or any of the workers, or anyone employed by Contractor, against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard.
The Contractor shall be responsible for any liability imposed by law for any damage to any person or property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance, and shall indemnify and save harmless the City of Watsonville, the City Council and the Project Manager from all suits or actions of every name and description brought forth or on account of any injuries or damages received or sustained by any person or persons, by or from the Contractor, Contractor’s servants or agents, in the construction of the work, or by or in consequence of any negligence in guarding the account of any act or omission of the Contractor or Contractor’s agents, and in addition to any remedy authorized by law, so much as shall be considered necessary by the City Council may be retained by the City of Watsonville, until disposition has been made of such suits or claims for damages as aforesaid.
The Contractor shall be responsible for any liability imposed by law or for any damage to any person or property and shall indemnify and save harmless the City of Watsonville, its officers and employees, all in the same manner and to the same extent as provided above for the protection of the City, the City Council, and the Project Manager, except that no retention of money due the Contractor under and by virtue of this proposal will be made by the City of Watsonville pending disposition of suits or claims for damages brought against the said City.
1.01H. LEGAL RESPONSIBILITIES
The provisions of Sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the State of California Labor Code shall be complied with.
4 Public Works Contractor Registration Pursuant to Section 1771.1 of the California Labor Code, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered with the Department of Industrial Relations to perform public work pursuant to Section 1725.5 of the Labor Code. It shall not be a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Bidders and their subcontractors (listed on Subcontractors List) must provide their active Public Works Contractor Registration number in the designated areas of the bid forms. City will confirm active PWC registration through the online DIR contractor lookup tool.
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Additionally, the awarded Contractor shall submit certified payroll records to the City.
In addition, awarded Contractor must post jobsite notices prescribed by regulations.
1.02. INSURANCE REQUIREMENTS
Before commencement of work, the successful bidder shall file with the City a certificate or certificates of insurance covering the specified insurance.
If such policies are canceled or changed during the period of coverage 30 days written notice by certified mail, return receipt requested, shall be given to the City of Watsonville. The certificate cancellation paragraph must
state: "The insurance company will notify the City of Watsonville in writing 30 days prior to canceling the stated policy".
All policies shall contain an additional insured endorsement naming the City of Watsonville and its officers and employees as additional insured. Commercial Liability Form CG2010 is required. See sample form attached.
All insurance certificates must bear the name, address, telephone number and name of contact representative for the insurance firm writing policy.
1.02A. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
Contractor shall take out and maintain during progress of the work and until acceptance thereof such public liability and property damage insurance, by an insurer acceptable to the City, that shall protect Contractor and any subcontractor performing work on this project from any claims for property damage which may arise because of the nature of the work or operations whether such operations be by Contractor or by any subcontractor or anyone directly or indirectly employed by either of them, even though such damage be not caused by the negligence of the Contractor or any subcontractor or anyone employed by either of them.
1.02A(1). CONTRACTORS LIABILITY INSURANCE
Provide bodily injury liability limits of not less than $1,000,000 for each person, and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $1,000,000 for each accident or occurrence with an aggregate limit of $1,000,000 for claims which may arise from the operations of the Contractor in the performance of the work hereunder provided. This insurance must include coverage for contractual liability assumed by the Contractor under Paragraph 1.01M, Responsibility for Work.
5 1.02A(2). AUTOMOBILE LIABILITY INSURANCE
All vehicles used in the performance of the contract shall be covered by bodily injury liability limits of not less than $1,000,000 for each person and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $1,000,000 for each accident or occurrence which may arise from the operation of the Contractor in performing the work provided for herein; and uninsured motorist coverage.
1.02A(3). WORKER'S COMPENSATION INSURANCE.
Before beginning the work, the Contractor shall furnish to the City satisfactory proof that Contractor has taken out, for the period from commencement to acceptance of the work, full compensation insurance for all persons employed directly by Contractor or through subcontractors in carrying out, in accordance with the "Worker's Compensation and Insurance Act", Division IV of the Labor Code of the State of California and any acts amendatory thereof. Such insurance shall be maintained in full force and effect during the period herein stated.
1.03. NOT USED
1.04. CONTRACTOR'S ACKNOWLEDGMENT
Bidder proposes and agrees, if this proposal is accepted, that bidder will provide all necessary machinery, tools, apparatus and other means of construction; to furnish all materials, to provide all labor necessary to construct, and to construct the improvements in conformity with the specifications and drawings and other provisions herein contained or reasonably implied thereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the Project Manager; to pay all charges of freight transportation and hauling and all applicable taxes; to indemnify the City against any loss or damage arising from any act of the undersigned as Contractor; and that Bidder will take in full payment therefore an amount computed by the Project Manager and based on the unit prices submitted by the Contractor. It is understood that the quantities set forth herein are approximate only and are for the purpose of comparison of bids.
2.01 GENERAL CONDITIONS
The work shall be performed in conformance with the project plans and specifications, the City of Watsonville Public Improvement Standards and the current revision of the State of California Department of Transportation Standard Specifications.
In case of conflict between the State of California Department of Transportation Standard Specifications and the project plans and specifications, the project plans and specifications shall control.
Any item not covered in the project plans or specifications shall be performed in accordance with the appropriate section of current revision of the State of California, Department of Transportation, Standard Specifications.
Where in these specifications or on the plans reference is made to the State of California Standard Specifications, State Standard Specifications or Standard Specifications, the intent is to reference the current revision of the State of California, Department of Transportation, Standard Specifications.
2.02. INSPECTION
a. All work done and all materials and equipment furnished under this contract shall be subject to the inspection and approval of the Project Manager.
6 b. The Project Manager shall at all times have access to the work during its construction, and shall be furnished with every reasonable facility and assistance for ascertaining that the materials and the workmanship are in accordance with the requirements and intent of the project plans and specifications. c. An inspector shall have the authority to order work stopped, if in the inspector's opinion such action becomes necessary.
d. The inspection of the work does not relieve the Contractor of the obligation to fulfill the contract as prescribed. Any work, materials, or equipment not meeting the requirements and intent of the plans and specifications may be rejected, and unsuitable work or materials shall be made good. e. Any work constructed without inspection as provided above, or constructed contrary to the instructions or orders of the Project Manager, if requested by the Project Manager, shall be uncovered for examination and properly reconstructed at the Contractor's expense. f. Construction inspection of those items of work pertaining to the various utilities involved will also be subject to the utility company's inspection.
g. The Contractor shall notify the Project Manager at least twenty-four (24) hours in advance of work, verbally, with a follow up in writing, whenever any of the following applies:
1. Starting work or
2. Suspending work or
3. Starting work after suspension of operation.
2.03. COORDINATION OF WORK WITH OTHER CONTRACTORS AND CITY WORK CREWS Nothing herein contained shall be interpreted as granting the Contractor exclusive occupancy of the site of the work. Contractor shall not cause any unnecessary delay to any other Contractor working on any project which encompasses the work. If the performance of any work is likely to be interfered with by the simultaneous execution of some other contract or contracts, City shall decide which Contractor shall cease work temporarily and which Contractor shall continue, or whether the work can be coordinated so that the contractors may proceed simultaneously.
The City reserves the right to do work with its own forces, or to let other contracts for work on or contiguous to the work set forth in these plans and specifications.
The City shall not be responsible for any damage suffered or extra costs incurred by Contractor resulting directly or indirectly from the award or performance or attempted performance of any other contract or contracts on the work, or caused by any decision or omission of City respecting the order of precedence in the performance of the contracts awarded for the completion of the work.
Full compensation for coordination of work with other contractors and City work crews, if any, shall be included in the contract price paid for other pay items and no additional compensation will be allowed therefore.
2.04. WATERING
The City will provide a source of water on site at the WWTP where the contractor may obtain water. The means by which the contractor gets the water from the source to the location of the work shall be the means and methods of the contractor.
Full compensation for developing water supply and applying water, including water used for dust control, shall be considered as included in the prices paid for the various contract items of work and no additional payment will be made therefor.
7 2.06. UTILITIES
Locations of existing utilities shown on the plans are only approximate. The Contractor shall call "USA” (Underground Service Alert) at 811 or 800-227-2600 for the marking of underground facilities.
Contractor will notify the City Water Division at 768-3143, three (3) working days prior to work starting on any phase, including the initial locating.
The existing utilities shown on the accompanying plan set were plotted using information provided by the individual utilities. It should be expressly understood that this information does not necessarily represent actual site conditions or show details of exact location, depth or other construction features of these utilities.
No warranty, either expressed or implied, as to the completeness or accuracy of this information is set forth herein.
The Contractor is responsible for potholing and verifying such utilities to determine their exact location prior to excavation or trenching in their locality. The cost of this work shall be considered as included in contract unit prices bid for applicable items of work, and no additional compensation will be allowed.
2.07. NOT USED
2.08. OBSTRUCTIONS
Attention is directed to Section 5, “Control of Work”. Wherever work causes removal or damage to existing improvements, fences, sidewalks, pavement, drainage facilities, trees, landscaping, etc., they shall be replaced with like materials to the satisfaction of the Owner, and no additional compensation will be allowed therefore.
2.09. NOT USED
2.10. START AND COMPLETION OF WORK
Contractor shall start work on an assigned project/area within 15 working days of written notification of the assigned project/area and shall proceed diligently until completion or the contract may be terminated by the City.
2.12. GENERAL CLEAN-UP
The work is taking place on an active wastewater treatment facility. The site shall be kept in a clean and orderly fashion while the work is occurring so as to minimize the impact to existing operations.
Should the Contractor appear to be negligent in furnishing cleanup as provided herein, the Owner may call upon others to provide clean-up and charge the Contractor therefore by deducting the cost thereof from any progress payments due the Contractor, as such costs are incurred by the Owner.
2.13. NOT USED
2.14. FINISHING PROJECT
Upon completion and before making application for the acceptance of the work, the Contractor shall clean all areas occupied by the Contractor in connection with the work and remove all debris, excess materials, waste materials, and the Contractor's temporary structures and equipment. The entire project shall be left in a neat, clean, and presentable condition.
In the event that asphalt concrete, asphalt rejuvenating agent, fog seals, or other foreign materials drift across the existing concrete gutter, the Contractor shall sweep, clean, and remove all such foreign materials
8 to the satisfaction of the Project Manager.
Payment will be made after the final inspection has been completed and accepted by the inspector under "Demobilization" in the contract.
2.15. PAYMENT FOR LUMP SUM ITEMS
Lump sum items under the contract, except where unit price per item form the basis of payment, shall be further detailed to show the value assigned to each component of work if requested by the City.
2.16. PAYMENT FOR LABOR AND EQUIPMENT
The Contractor shall pay, and cause his subcontractors to pay, any and all accounts for labor including Workman's Compensation premiums, State Unemployment and Federal Social Security payments, and all other wage and salary deductions required by law. The Contractor also shall pay, and cause his subcontractors to pay, any and all accounts for services, equipment, and materials used by the Contractor and/or his subcontractors, during the performance of work under this contract. All such accounts shall be paid prior to becoming delinquent under the terms agreed upon between Contractor and supplier.
When requested in writing by the City, the Contractor shall furnish, within five (5) working days of Contractor's receipt of City's request, a record of payments for all such accounts. If, by the end of five (5) working days, the Contractor has not produced such documentation, the City shall direct the Contractor to cease work until the Contractor provides the City with proof that all amounts delinquent have been paid.
The cessation, under the terms of this paragraph, of work by the Contractor shall be at no additional cost to the City, nor will the Contractor receive a contract time extension for any resulting delay in the work.
PROJECT NAME: WWTF Boiler Replacement
PROJECT NUMBER: WW-24-07-QB
SCOPE OF WORK
The work shall be performed in accordance with this agreement and the attached quote provide by R.F. MacDonald labeled “EXHIBIT A”
Contract awarded to:
I have submitted certificate(s) for the required insurance.
Contractor's Signature Date
Approved: City Clerk _____________________________________ Date Approved: City Attorney __________________________________ Date Approved: City Manager ___________________________________ Date R.F. MacDonald Co.
9 SAMPLE INSURANCE CERTIFICATE
Policy Number: Commercial General Liability
THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B).
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of Watsonville, its appointed and elected officials, and its employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
The insurance provided herein is primary coverage to the certificate holder with respects to any insurance or self-insurance programs maintained by the certificate holder, and no insurance held or owned by the certificate holder shall be called upon to contribute to a loss.
CG 20 10 11 85
25920 Eden Landing Road
Hayward, CA, 94545
Phone: 510-784-0110
Fax: 510-784-1004
www.rfmacdonald.com
April 25, 2024
Ryan Smith
Wastewater Division Manager
City of Watsonville, Public Works & Utilities
Watsonville WWTF – Boiler Replacement
Quotation: QUO-152021-L0M5Y4
Revision: 0
Hello Ryan,
In response to your request we are pleased to offer our proposal for the equipment described in the attachments.
Thank you for the opportunity to quote on your requirements. We trust that we will be able to review this proposal with you at your convenience. In the meantime if you have any questions or require additional information please let me know.
Sincerely,
Carleton W Swartz Jr
Carleton W Swartz
Operations Manager / AM Sales Manager / Key Account Manager R.F. MacDonald Co.
Phone 510-774-6237
EXHIBIT A
pg. 1 of 8
April 25, 2024
QUO-152021-L0M5Y4
2 CLEAVER BROOKS HOT WATER BOILER
One (1) Cleaver-Brooks CBLE-4D-700-100-125HW
firetube boiler shall be offered as a self-contained
packaged forced draft horizontal firetube hot water boiler rated for 100 boiler horsepower with fuel input capacities of 4,200 CFH based on gas of 1000 BTU/CFH. Burner
packages will be fully automatic for firing natural gas.
Boiler will be designed for maximum hot water pressure
of 125 PSIG and have a maximum input of 4,200,000
Btu/hr with a nominal output of 3,350,000 Btu/hr.
The boiler shall be a four-pass horizontal firetube updraft boiler with 5.0 square feet of heating surface per rated boiler horsepower. It shall be mounted on a heavy steel frame with an integrated forced draft burner and burner controls. The boilers shall be completely preassembled and fire tested at the factory.
The unit shall be ready for immediate mounting on floor or simple foundation and ready for attachment of water, steam, fuel, electrical, vent and blow-down connections.
Boiler Design
The boiler shell will be constructed in accordance with ASME Section IV Code and will receive authorized boiler inspection prior to shipment. A copy of the inspection report shall be furnished to the purchaser. Two lifting eyes shall be located on top of the boiler. Front and rear doors on the boiler shall be hinged or davited. Doors are to be sealed with fiberglass tadpole gaskets and fastened tightly using heavy capscrews that thread into replaceable brass nuts. The Rear refractory and insulation shall be contained in the formed door, which must swing open for inspection of brick work. The boiler tubes shall not include turbulators, swirlers or other add-on appurtenances. Front and rear tube sheets and all flues are fully accessible for inspection and cleaning when the doors are swung open. The boiler shall be furnished with adequate handholes to facilitate boiler inspection and cleaning along with a manhole. The exhaust gas vent shall be located near the front of the boiler on the top center line and shall be capable of supporting 2,000 lbs. The boiler pressure vessel shall be completely insulated with a minimum of 2" of insulation and shall be encased in an 18 gauge metal cabinet with primer and finish coat of paint. The entire boiler based frame and other components shall be factory painted before shipment using a hard finish enamel coating.
Boiler Trim (Mounted)
• Observation ports shall be provided at each end of the boiler • Temperature gauge
• Auxiliary low water cut-off w/manual reset
• High limit, operating limit, and modulating temperature controls Boiler Trim (Shipped Loos)
• ASME rated pressure relief valve(s)
EXHIBIT A
pg. 2 of 8
April 25, 2024
QUO-152021-L0M5Y4
3 CB ProFire – MTH Series Burner
The Profire Model MTHG-42 burner includes full
modulation with parallel positioning and shall fire natural gas and digester gas at a maximum 4,200 MBTU per
hour. Capable of ultra-low NOx/CO emissions without
FGR, the MTH series features a rugged alloy fiber material combustion element over a stainless-steel frame, providing flexibility, longevity and trouble-free operation for the life of the burner. The design is ideal for use with applications where low emissions are required and FGR is impractical or inaccessible. The MTH burner with surface stabilized combustion guarantees reliable, quiet operation and is
capable of meeting today’s most stringent NOx emission
levels.
Swing-Away Air Housing
Provides easy access to the nozzle, scanner and the pilot for inspection or removal. No disconnection of fuel or power lines required.
Removable Mantle
The mantle is easily removable without disassembling the burner from the boiler. It can be serviced, inspected and replaced without disconnection of fuel or power lines.
Parallel Positioning
System includes a completely integrated burner control with fully modulating flame safeguard from a single source. High accuracy and resolution with repeatable actuator positions for efficient operation.
Digital positioning feedback from actuators ensure precise control, repeatability, reliability and independent ignition position for greater flexibility.
Low Blower Motor HP
Advanced engineering provides increased combustion air fan efficiency requiring lower blower motor horsepower, thus increasing electrical savings.
EXHIBIT A
pg. 3 of 8
April 25, 2024
QUO-152021-L0M5Y4
4 Controls The CB-Hawk 1000 system integrates a
programmable logic controller, touch screen
graphical human-machine interface (HMI), and
burner management control, used to control and
monitor the complete boiler system. The system
offers advanced technology and advanced features
for Burner Management and monitoring, firing rate
control, thermal shock protection, remote
monitoring, and building automation system
monitoring interface. The integrated control system
will consist of a programmable controller L24ER,
HMI, and burner management control, to provide
automatic burner sequencing, firing rate control,
system fault indication, self-checking diagnostics,
and fault messages. Fault messages are displayed in
plain text instead of codes. The CB-Hawk 1000’s operating parameters are password protected and cannot be altered. The Hawk 1000’s system is designed to operate with a gas, oil, or a combination burner using FARC control with PLC programming, commissioning and set up. Using a touch screen graphical HMI, the CB-Hawk 1000 allows the user to adjust various parameters such as operating set points, firing rate, alarm set points, and other control settings. The HMI provides several user interactive screens to display and indicate the status of the boilers operation, operating parameters and integrated control such as the burner management controller.
Emissions Design
The burner will include an emission control package designed and supplied by Cleaver-Brooks to meet a NOx emission limit of 9 ppm while firing natural gas and 15 ppm while firing digester gas.
Requirements
Electrical: 460V/3Ph/60Hz
A control circuit transformer will be provided to supply 120V/1Ph/60Hz to the control circuit.
Note: Digester gas requires higher heating value of 550 btu/ft3 (+/- 10%), under 5% H2O, under 1000 ppm H2S, and under 25 ppm Siloxanes for burner to function properly. 3 PSI incoming gas pressure required.
Start-Up Service
The quoted price includes the services of our service engineer to supervise starting, adjusting and testing the boiler and to instruct operating personnel in the proper operation and maintenance of the equipment. This service is to be performed when the equipment is completely installed and ready to operate with the operator available to fire the equipment and receive the instructions. Boiler insurance is to be provided by you before the start-up is ordered. Start-up services must be scheduled 2-weeks prior to the requested date for start-up.
EXHIBIT A
pg. 4 of 8
April 25, 2024
2 INSTALL SCOPE
❖ We propose to supply and install (1) CBLE Hot Water Boiler 100HP ❖ The boiler will be located on the “Open” housekeeping pad. ❖ RFM will supply the rigging and equipment needed to move the boiler into the pad ❖ RFM will anchor the boiler and build and needed supports ❖ We will extend the pad up to 6 feet to accommodate the new boiler length ❖ Complete all necessary piping connections and valves required to tie in the new boiler ❖ Hot water Supply and Return
❖ Natural Gas (Minimum 5 PSI Required)
❖ Digester Gas (Minimum 3 Psi Required)
❖ Drains
❖ Safety Relief Valves
❖ Boiler Flue will be installed through the existing penetration with rain cap and storm collar ❖ Electrical from Customer Disconnect to Boiler (BMS Integration if required by others) ❖ The customer will provide the necessary electrical power requirements for the disconnect in the boiler room. RFM will complete control wiring termination in the boiler panels as needed ❖ RFM will provide, pipe, and install Gas and Digester regulators as long as gas is available to meet the boiler requirements at the gas train
❖ Piping insulation from boiler piping to the system point of connection is included and will match the existing insulation.
❖ Factory-trained technicians start the system and adjust for proper operation ❖ Provide any necessary customer training after installation and startup NOTES
The customer to provide a lockable fused disconnect with the correct Boiler FLA rating within 30 feet of the boiler.
Minimum gas pressures and flow must be met for the burner to operate at 9ppm and 15ppm Nox All work is to be performed during normal working Hours 7 am-4 pm (Mon-Fri) Concrete Pad extension is estimated at a value of $15,000.00, if a more specific requirement is given by the county or other engineer that exceeds 15K an additional quote will be sent as a change order.
No Permits, install drawings, or permits of any kind are included in this proposal.
Factory equipment submittal drawings and wiring diagrams will be provided.
Any additional roof work needed to make the opening weatherproof to be provided by others
EXHIBIT A
pg. 5 of 8
April 25, 2024
QUO-152021-L0M5Y4
5 PRICING
One (1) Cleaver-Brooks CBLE-700-100-125HW boiler as described above .......................$282,104.00 Labor to Install One (1) Cleaver-Brooks Boiler……………………………………………$198,490.00 Estimated Freight from Factory to RFM Shop .......................................................................$15,000.00 Total Project Cost Including Tax and Freight…………………………………………..…$495,594.00 Freight
Ex-works Factory.
Please note that due to the volatility in freight costs from our suppliers, we cannot provide firm pricing for freight charges. The freight cost provided is an estimate only and the actual freight charges will be invoiced based on cost at time of shipment. RFM does not park up freight.
Taxes
No sales tax included.
Warranty
Standard manufacturer’s warranty to include parts only, labor is not included. Standard manufacturer’s warranty to cover twelve (12) month from date of startup or eighteen (18) months from date of shipment, whichever occurs first.
Notes
1. The required air pollution permit is to be obtained by others. The boiler will be furnished to meet the 9 PPM NOx emission limit while firing natural gas as indicated above. However, specific requirements will not be known until a permit application is submitted and an Authority to Construct is obtained from the local Air Quality Management District. The necessary application should be submitted as soon as possible. We will assist in this process and provide the necessary information for filing the permit at your request.
2. Full boiler load as necessary to perform required emissions source test to comply with Air Quality District regulations and operating personnel during tune up and emissions testing shall be provided by the owner.
Thank you for the opportunity to quote on your requirements. We trust that we will be able to review this proposal with you at your convenience.
This Quote is valid for 60 days from 4.24.24
EXHIBIT A
pg. 6 of 8
April 25, 2024
QUO-152021-L0M5Y4
6 SALE AND PAYMENT TERMS AND CONDITIONS
The following sets forth the sale and payment terms and condition policies of R.F. MacDonald Co. It constitutes the general agreement between R.F. MacDonald Co. (“R.F. MacDonald Co.”, the “Company” or “we”) and you, its customer, under which products, service and parts are sold, credit is extended and payments are expected.
This policy supersedes all previous sales and credit, payment terms and conditions, and finance policies issued by R.F. MacDonald Co. and shall remain in effect until further notice. The company reserves the right to change this policy and agreement at any time.
EXTENSION OF CREDIT
Credit is one of the most important services R.F. MacDonald Co. offers to you as a customer. An open line of credit is established for you based upon your needs, financial strength, and history of meeting your credit obligations.
In order to insure you the best possible prices and service, we must enforce a credit and collections policy based upon sound business principles and good judgment.
INVOICING AND PAYMENT TERMS
Payment Terms are 25% down payment, balance Net 30 (upon approval of credit) on all invoices unless other arrangements are made in advance of shipment. When opening a new account with an order, the Company may require payment with the initial order so as not to delay shipments while credit references and financial information are being reviewed. We reserve the right to suspend or terminate any further performance under this agreement or otherwise in the event payment is not made when due. Quotes are valid for 30 days.
Equipment will not be started up unless 90% of the purchase price of the equipment has been paid.
Shipment Terms Unless otherwise specified in writing signed by an authorized representative of the Company, all shipments are Ex Works the manufacturer’s factory or R.F. MacDonald Co. warehouse as applicable. Title to the merchandise shall pass to the buyer upon delivery to the carrier and thereafter all risk of loss or damage shall be the buyer’s.
Service Charges We reserve the right to take action to collect any invoice which is not paid when due. We also assess a late payment SERVICE CHARGE on the day following the due date and monthly thereafter against all amounts remaining unpaid on each such date.
Subject to any limitations that may be imposed by applicable law, the amount of this charge is 1½% of the amount remaining unpaid on each such date.
This policy will be applied to customers who permit their account to become delinquent. It is your responsibility to notify R.F.
MacDonald Co. of any extenuating circumstances that may affect your payment and work out a solution. Please know that our interest lies not in collecting a service charge, but in receiving timely payments of your invoice.
Warranty on Equipment and Material Provided by Manufacturer:
You will rely solely on the warranty provided by the manufacturer. Your sole and exclusive remedy for breach of warranty shall be as provided in the manufacturer’s standard warranty.
R.F. MacDonald Co. makes no warranty express or implied of any kind. We make no claim of fitness or merchantability or any other warranty, express or implied, nor is anyone else, whether employed by R.F. MacDonald Co., or not, authorized to do so on our behalf.
We specifically disclaim the warranty of merchantability and the warranty of fitness.
You will be invoiced in the regular manner for all materials and parts even though it may be an in-warranty transaction. Credit will be issued promptly on our receipt of proof of return, and, as long as the return is within the prescribed time limit and has been properly authorized. Please note that withholding payment of any invoice in anticipation of an in-warranty credit is not allowed with our terms of sale.
For any items or components proposed as a substitute to specified items, it is understood that seller makes no guarantee that the products submitted will be accepted by the approving authority.
In no event shall R.F. MacDonald Co. be liable to you or any person, corporation or other type of legal entity for any special, direct, indirect, incidental, liquidated or consequential damage of any kind, including but not limited to, loss of products, loss of time, loss of use, loss of production, loss of savings or revenues, cost of replacement goods, labor costs or other charges in connection with product use or malfunction, the repair or replacement of defective parts whether such claims are alleged in strict liability, negligence, tort, contract or otherwise and even if R.F. MacDonald Co. is informed in advance of the possibility of such damages.
Limited Warranty on R.F. MacDonald Labor (If Applicable):
EXHIBIT A
pg. 7 of 8
April 25, 2024
QUO-152021-L0M5Y4
7 If you are retaining the services of R.F. MacDonald Co.’s service department, R.F. MacDonald Co. warrants that labor performed will be free from defect for a period of one year from the completion of work. This limited warranty excludes remedy for damage or defect caused by accident, misuse, abuse, modifications not executed by R.F. MacDonald Co., improper or insufficient maintenance, or improper operation. Installation, operation, and maintenance shall be in accordance with the product manuals provided by the equipment manufacturer. R.F. MacDonald Co. shall be notified within ten (10) business days of first knowledge of defect by owner or its agent. R.F. MacDonald Co. shall be given first opportunity to make any repairs, replacements, or corrections to the defect within a reasonable period of time. R.F. MacDonald Co. makes no implied warranty of any kind. In no event shall R.F. MacDonald Co. be liable by virtue of this limited warranty or otherwise to you or any person, corporation or other type of legal entity for any special, indirect, incidental, liquidated or consequential damage of any kind.
CLAIMS
You are responsible for inspecting merchandise on receipt and for filing claims with the carriers for damage or loss. All claims for shortages and damages must be made in writing to the carriers within ten (10) days of receipt. We suggest you call the carrier immediately upon noticing any possible freight related damage and arrange for inspection before proceeding with unpacking. Photographs taken while the delivery truck is still on sight are recommended if possible.
Under no circumstances may you withhold payment or charge the Company for freight or warranty related claims.
No claim for expenses incurred for corrective work done on merchandise provided by the Company will be considered or accepted unless specifically agreed to in writing, in advance of the work being done, by an authorized manager of the Company.
INFORMATION AND ASSISTANCE
If at any time you have a question on an invoice from the Company, a call or note to our accounting department will bring prompt action toward getting the problem resolved.
If it becomes necessary, at R.F. MacDonald Co.’s discretion, to take legal action in order to collect your account, R.F. MacDonald Co. shall be entitled to recover, in addition to any other recovery, its court costs, reasonable attorney’s fees and all other collection expenses.
If you have any questions regarding this policy, please contact our office.
We appreciate your business and look forward to providing you with reliable equipment, parts and service.
Please acknowledge below your receipt and agreement to the provisions of this policy statement.
Return the original to:
R.F. MacDonald Co.
25920 Eden Landing Road
Hayward
Phone 510-359-6423
Fax 510-784-1004
APPLICABLE LAW: This agreement shall be governed by the substantive laws of the State of California Acknowledged and Agreed To:
Company Name:
Signature:
Name/Title:
Date:
EXHIBIT A
pg. 8 of 8
7/5/2024 3:00:51 PM
C:\Program Files\eSCRIBE\TEMP\1504887640\1504887640,,,Report - Services Contract with Tyler Technologies .docx Agenda Report
MEETING DATE: Tuesday, July 9, 2024
TO: City Council
FROM: INNOVATION & TECHNOLOGY DIRECTOR GILL
SUBJECT: SOFTWARE AS A SOLUTION CONTRACT WITH TYLER
TECHNOLOGIES
RECOMMENDED ACTION:
It is recommended that the Council adopt a resolution to enter into a contract with Tyler Technologies for Software as a Solution (SaaS), in an amount not to exceed $1,000,000 for two three-year terms, and authorizing and directing the City Manager to execute the same.
BACKGROUND:
2018 – The City purchased an Enterprise Resource Program (ERP) with the intent to merge all financial data into a single system with multiple modules. These modules include Accounts Payable (AP), Accounts Receivable (AR), Budgeting, Payroll, Revenue Collections, and Permitting. As of 2023, all modules have been migrated, and the old systems are in a decommissioning process.
2020 - Tyler Technologies started offering SaaS and encouraged customers to migrate. 2022 – Tyler Technologies announced that all on-site software will no longer be developed. However, the software will be supported for an unspecified amount of time. All module migrations were completed with the final module being Utility Billing. 2023 – City staff installed the final on-site version of the software and recommended moving it to the cloud to support additional functionality.
DISCUSSION:
As with many technologies, Tyler Technologies is now only selling the ERP system as SaaS and announced that all new development efforts will be focused on the SaaS product. The company will continue to support the on-site system for an unspecified term.
Through the mid-year budget process, staff requested, and council approved appropriations to begin the migration and upgrade to the SaaS solution. Staff recommends the City enter into a contract with an initial three-year term, and a three year extension.
7/5/2024 3:00:51 PM
C:\Program Files\eSCRIBE\TEMP\1504887640\1504887640,,,Report - Services Contract with Tyler Technologies .docx STRATEGIC PLAN:
The SaaS version of Tyler Enterprise will continue to support efficiencies by leveraging artificial intelligence, providing web access to accounts for residents, vendors, and staff, and increasing workflow automation for internal processes.
7-Efficient and Well-performing Government
FINANCIAL IMPACT:
Appropriations for this contract have been and will be included in the normal regular budget process in each of our departments, including the enterprise funds.
ALTERNATIVE ACTION:
The council could not approve this contract.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Reso No. (CM)
Meeting Date: 070924 SWZ ______ TV ______ IT ______
1 RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING SOLE SOURCE PURCHASE WITH TYLER
TECHNOLOGIES INC., A CORPORATION, FOR ENTERPRISE
RESOURCE PLANNING SOFTWARE AS A SERVICE, IN AN AMOUNT
NOT TO EXCEED $1,000,000; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE AGREEMENT
WHEREAS, Tyler Technologies is the current on-prem enterprise resource planning (ERP) software; and
WHEREAS, migrating to the Software as a Service will allow access to future software enhancements; and
WHEREAS, subdivision (c) of § 3-5.210 exempts supplies and materials which are unique, available only from one source, or sought to match existing equipment or supplies already in use (also known as a sole source purchase); and WHEREAS, the City would like to enter into two consecutive 3-year agreements for the ERP Software as a Service, in an amount not to exceed $1,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action does not meet CEQA’s definition of a “project”, because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. The Council finds that the Software as a Service is available from one source that meets the needs of the City (also known as a sole source purchase).
3. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a sole source purchase under subdivision (c) of § 3-5.210 of the Municipal Code.
Reso No. (CM)
Meeting Date: 070924 2
4. That the sole source agreement for Software as a Service from Tyler Technologies Inc., in an amount not to exceed $1,000,000, is hereby authorized.
5. That the City Manager is hereby authorized and directed to execute said Software as a Service Agreement and any amendments thereto; for and on behalf of the City of Watsonville, in the form attached hereto and incorporated herein by this reference, with minor revisions that may be approved by the City Manager and the City Attorney. ************************************
1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
• “Agreement” means this Software as a Service Agreement. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
• “Client” means the City of Watsonville, California.
• “Confidential Information” means nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information or “personal Information” and trade secrets, each as defined by applicable state law. • “Data” means your data necessary to utilize the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
• “Developer” means a third party who owns the intellectual property rights to Third Party Software.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
2 cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
• “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
• “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
• “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
• “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
• “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third Party Services” means the third party services, if any, identified in the Investment Summary.
• “Third Party Software” means the third party software, if any, identified in the Investment Summary.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you
3 perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
Tyler and its employees, vendors, subcontractors, and/or independent contractors may not access or use Data for purposes other than as necessary to perform the Services under this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
4 of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard physical, administrative, and technical safeguards updated to keep up with emerging threats including, but not limited to, intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.
5 6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non-refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within four (4) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you. For the avoidance of doubt, reperformance shall be sole initial remedy available but if re-performance fails to conform the services to this warranty, this clause shall not limit Client’s available remedies under this Agreement. Tyler’s re-performance of services under this Section C(5) is subject to the dispute resolution process outlined in Section H(3).
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies
6 provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.
7 For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our thencurrent Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items
8 outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services in Exhibit A, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one (1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
3. Return of Data. In the event of termination of the Agreement, and upon reasonable advance notice, Tyler shall promptly make all Data available to you in the format of the database or other such format as may be mutually agreed upon, provided through Tyler’s FTP server or such other secure method reasonably selected by Tyler. Such Data will be provided at no additional cost.
4. Disentanglement. In connection with the termination of this Agreement for any reason, and only upon the execution of a mutually agreed change order or addendum, Tyler shall use commercially
9 reasonable efforts to accomplish an adequate and timely transition from Tyler to the Client, or to any replacement providers designated by the Client (a “Disentanglement”). The parties shall reasonably cooperate during Disentanglement. Client shall reimburse Tyler for Disentanglement services provided by Tyler at Tyler’s then-current rates, plus reasonable costs, and expenses, as set forth in the parties’ executed change order or addendum.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our gross negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement, including, but not limited to CCPA and CPRA if applicable. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses,
10 liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by your gross negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.
3. Confidentiality. We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and costs) for Tyler’s violation of the confidentiality provisions of Section H(17) of this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
4. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
5. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TWO TIMES (2X) THE TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, TWO TIMES (2X) THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH
IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE
MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES,
AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2). ADDITIONALLY, THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO CLAIMS FOR FRAUD OR WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER,
OR VIOLATION OF LAW, WHETHER WILLFUL OR NEGLIGENT, TO THE EXTENT SUCH CLAIMS MAY NOT BE CAPPED UNDER CA CIVIL CODE SECTION 1668. IN THE EVENT THE CLIENT BRINGS A CLAIM
AGAINST TYLER FOR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, AND IF THE CLIENT
FAILS TO OBTAIN A JUDGMENT AGAINST TYLER, THEN TYLER IS ENTITLED TO RECOVER FROM CLIENT THE REASONABLE ATTORNEY’S FEES AND EXPENSES INCURRED BY TYLER IN DEFENDING AGAINST THE CLAIM.
6. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b)
11 Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000 (inclusive of Cyber Liability); (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. During negotiations between the appointed senior representatives, all meetings and discussions between the appointed senior representatives directly relating to resolution of the dispute will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
12 6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,
13 return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to Confidential Information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Each party agrees that it will not disclose any Confidential Information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
18. Notice of Data Breach/Loss of Confidential Information. Tyler will follow applicable California state data breach notification laws, and any other applicable state or federal law.
19. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.
20. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.
14 21. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.
22. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
23. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
24. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
25. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc. City of Watsonville, California By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Watsonville
One Tyler Drive 250 Main Street
Rob Kennedy-Jensen
Senior Director of Policy and Compliance, Legal
July 2, 2024
15 Yarmouth, ME 04096 Watsonville, CA 95076-5080
Attention: Chief Legal Officer Attention: ______________________________
Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and the terms in the Comments section of this Investment Summary, the language of the Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2022-375570-G8D1L2 Page 1
Quoted By: Karen Grosset
Quote Expiration: 08/26/24
Quote Name: City of Watsonville - ERP - SaaS
Hosting
Quote Description: SaaS Hosting
Saas Term 1.00
Sales Quotation For: Shipping Address:
City of Watsonville
250 Main St
Watsonville CA 95076-5080
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting/GL/BG/AP 1 0 $ 26,114.00
Capital Assets 1 0 $ 5,998.00
Cash Management 1 0 $ 4,998.00
Contract Management 1 0 $ 2,949.00
eProcurement (Vendor Access and Punch-Out) 1 0 $ 9,700.00 Project & Grant Accounting 1 0 $ 4,998.00
Purchase Orders 1 0 $ 10,891.00
Human Resources Management
HR Management 1 0 $ 6,286.00
Payroll w Employee Access Migration 1 0 $ 9,810.00
Payroll w/ESS 1 0 $ 0.00
Revenue Management
Accounts Receivable 1 0 $ 5,440.00
Business Licenses 1 0 $ 5,240.00
2022-375570-G8D1L2 Page 2
Cashiering 1 0 $ 10,386.00
Central Property File 1 0 $ 1,332.00
Citizen Self Service 1 0 $ 0.00
General Billing 1 0 $ 2,893.00
Permits & Code Enforcement 1 0 $ 12,206.00
Utility Billing CIS 1 0 $ 12,317.00
Utility Billing Meter Interface 1 0 $ 4,080.00
Civic Services
Resident Access Migration 1 0 $ 5,440.00
Content Management
Content Manager Enterprise 1 0 $ 22,054.00
Content Manager Enterprise Access 1 0 $ 3,455.00
Content Manager Enterprise Auto Indexing and Redaction 1 0 $ 2,405.00 Content Manager Enterprise Web API 1 0 $ 2,405.00
Content Manager Enterprise WorkFlow 1 0 $ 1,133.00
Data Insights
Enterprise Analytics and Reporting 1 0 $ 22,801.00
Additional
Enterprise Forms Processing (including Common Form Set) 1 0 $ 4,807.00 GIS 1 0 $ 9,769.00
Integrations
Utility Billing API Toolkit 1 0 $ 4,564.00
Subscription Fees
Concurrent Users 50 0 $ 50,000.00
Recurring Services
Data Access Services 1 0 $ 3,000.00
TOTAL 0 $ 267,471.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance
2022-375570-G8D1L2 Page 3
Project Planning Services 1 $ 13,374.00 $ 0.00 $ 13,374.00 $ 0.00 Upgrade Assistance: Remote 1 $ 9,600.00 $ 9,600.00 $ 0.00 $ 0.00 TOTAL $ 13,374.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 267,471.00
Total Tyler Services $ 13,374.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 13,374.00 $ 267,471.00
Contract Total $ 280,845.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
2022-375570-G8D1L2 Page 4
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. • Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. • Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
2022-375570-G8D1L2 Page 5
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
Content Manager Enterprise includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.
Financial library includes: 1 A/P check, 1 EFT/ACH, 1 Purchase order, 1099M, 1099INT, 1099S, and 1099G.
Business license library includes: standard business license and standard renewal application.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Each API Toolkit or Connector comes with 8 free hours of API Development Consulting hours. Each API Bundle comes with 16 free API Development Consulting hours. Additional hours can be purchased beyond this standard offering.
Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.
2022-375570-G8D1L2 Page 6
Permits library includes: standard Building permit, standard Trades permit, standard Zoning permit and standard certificate of occupancy/completion.
Project Management includes project planning, kickoff meeting, status calls, task monitoring, verification and transition to support.
Tyler's form library prices are based on the actual form quantities listed, and assume the forms will be provided according to the standard Enterprise ERP form template. Any forms in addition to the quoted amounts and types, including custom forms or forms that otherwise require custom programming, are subject to an additional fee. Please also note that use of the Tyler Forms functionality requires the use of approved printers as well. You may contact Tyler's support team for the most current list of approved printers. Any forms included in this quote are based on the standard form templates provided. Custom forms, additional forms and any custom programming are subject to additional fees not included in this quote. The additional fees would be quoted at the time of request, generally during the implementation of the forms. Please note that the form solution provided requires the use of approved printers. You may contact Tyler's support team for the most current list of approved printers.
Utility billing library includes: standard Utility bill, standard UB receipt, standard UB delinquent notice, standard door hanger and standard final utility bill.
Upgrade PM Assistance: Includes 3 days of PM services per month. PM services include delivery and management of upgrade project plan, internal coordination of Tyler resources, and scheduled bi-weekly status calls to review the upgrade project. Upgrade PM Assistance does not include training or access to a Tyler Subject Matter Expert, as such, enrollment in PACE is strongly recommended to complement this service.
Without additional services, clients are responsible for developing and executing upgrade test scenarios as well as conducting internal training for staff. Minimum service duration is 4 months, and clients may choose to extend this service by purchasing additional months (3 days per) at the then-current price.
Data Access Services
Your rights, and the rights of any of your end users, to use Tyler’s Access applications are subject to the Terms of Services, available at https://www.tylertech.com/terms/tyler-access-applications-migration-terms. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
Exhibit B
2 Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
2.7 Web Services: Annual fees for web services are payable in advance, commencing upon the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
2.8 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
3. Third Party Products and Hardware.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at thencurrent rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. For the avoidance of doubt, Finite Matters will invoice Client directly for any services fees for Pattern Stream.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.
4. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
5. Credit for Prepaid Maintenance and Support Fees for Tyler Software. Client will receive a credit for the maintenance and support fees prepaid for the Tyler Software for the time period commencing on the first day of the SaaS Term.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
Exhibit B
Schedule 1
2 2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
Exhibit B
Schedule 1
4 5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
Exhibit C
1 Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All othersupport services are documented in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
Exhibit C
2 When oursupport team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 98.00% Remedial action will be taken
97.99% - 95.00% 4%
Below 95.00% 5%
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configurationbased questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Exhibit C
Schedule 1
2 For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.
Priority
Level Characteristics of Support Incident Resolution Targets* 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets* 2 High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to assisting the Client in restoring its last available
database.
3 Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4 Noncritical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*
Response and Resolution Targets may differ by product or business need Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.
1 Exhibit D
Third Party Terms
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
DocOrigin Terms. Your use of Tyler Forms software and forms is subject to the DocOrigin End User License Agreement available for download here: https://eclipsecorp.us/eula/. By signing a Tyler Agreement or Order Form including Tyler forms software or forms, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
7/3/2024 9:31:24 PM
C:\Program Files\eSCRIBE\TEMP\21312135555\21312135555,,,Report - Award Contract Public Nuisance APN 014-021-01 .docx Agenda Report
MEETING DATE: Tuesday, July 9, 2024
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
BUILDING OFFICIAL DE SANTE
SENIOR CODE OFFICER VARGAS
SUBJECT: RESOLUTION APPROVING CONTRACT IN THE AMOUNT OF $144,827 WITH KOALA TREE CARE (DBA CLEAN TEAM
ASSOCIATES) FOR ON-CALL NUISANCE ABATEMENT AND
SUPPORT SERVICES AND APPROPRIATING $124,827 FROM
THE GENERAL FUND TO ABATE A NUISANCE AT APN:014-021-
01 RECOMMENDED ACTION:
Staff recommends that the City Council adopt a Resolution approving the contract with Koala Tree Care (DBA Clean Team Associates) to conduct the clearance and cleanup of the public nuisance on the vacant private property at APN 014-021-01, as directed by City Council on April 9, 2024.
BACKGROUND:
On March 26, 2024, the Building Official reported to the City Council the existence of a Nuisance at parcel (014-021-01). Although staff have sent letters, notices, and citations for lack of maintenance, there has been no significant progress achieved by the owner of record. The Building Official’s report identified the following items making this property a Nuisance.
This property is unsecured, allowing for un-housed people to erect tent like structures throughout the parcel.
The property has accumulated significant amounts of abandoned personal property, furniture, trash, and debris creating a blighting factor for the surrounding area.
The vegetation has become overgrown which has the potential to create a fire hazard in the dry season.
7/3/2024 9:31:24 PM
C:\Program Files\eSCRIBE\TEMP\21312135555\21312135555,,,Report - Award Contract Public Nuisance APN 014-021-01 .docx During the meeting on March 26, 2024, the City Council declared the property a “Nuisance” and directed the Building Official to abate the Nuisance (Resolution No. 44-24 (CM)). A public hearing was also set for April 9, 2024, to hear any comments or objections to the proposed nuisance abatement by the City.
On April 9, 2024, the City Council adopted Resolution No. 59-24 (CM), directing the Building Official to abate the public nuisance at parcel 014-021-01 without delay.
DISCUSSION:
After the April 9, 2024 meeting, staff issued an informal RFP to consultants to clean up the public nuisance. The City received two proposals in the amount of $125,000 and $160,000.
Both proposals were in amounts much greater than staff anticipated, which requires additional appropriation from the General Fund to move forward.
Staff has had additional conversations with the property owner’s representative, Mr. Karam Singh, about development options for the property and have attempted again to persuade Mr. Singh to clear the encampment on his own, as he has stated that cleanup costs for him would be much less than the costs quoted to the City. However, until now, Mr. Singh has not committed to cleaning up the encampment until he has more certainty about the development potential of the property.
The property is zoned R-1 (Single Family Residential), and is a remainder from the Compton Terrace neighborhood. The property abuts Corralitos Creek as well as commercial agricultural property within the County on the other side of the creek. Development of the parcel is significantly constrained by both the 200-foot agricultural buffer and the 50-foot buffer from the creek (WMC 7-6.152: Riparian Corridor).
Mr. Singh is currently working with a consultant to complete a biotic assessment of the property to determine the appropriate development setback from the creek. Depending on the results of the biotic study, City staff have committed to working with Mr. Singh to identify an appropriate development option for the property.
While staff appreciates that Mr. Singh has been receptive to cleaning up the property, the City has been directed to abate the nuisance on his property. Without a clear commitment from Mr. Singh to clean up the property on his own, staff intends to follow Council’s direction to move forward with the abatement.
After reviewing both proposals, staff recommends that the City Council approve the contract with Koala Tree Care dba Clean Team Associates (Consultant) due to their extensive experience abating homeless encampments in sensitive habitat areas in the City of Santa Cruz and the cost of their proposal.
To proceed with the contract, the Council must also approve an appropriation of $124,827 from the General Fund. $20,000 will be paid for by previously budgeted funds in the Relocation Revolving Fund (0215-390-6510). The cost to abate the nuisance will ultimately be charged to the property owner.
7/3/2024 9:31:24 PM
C:\Program Files\eSCRIBE\TEMP\21312135555\21312135555,,,Report - Award Contract Public Nuisance APN 014-021-01 .docx STRATEGIC PLAN:
The abatement of the public nuisance reflects the City Council’s strategic plan goals of public safety and community engagement and well-being, as the encampment has created a hazard to public health, the environment, and the safety of the community.
FINANCIAL IMPACT:
Approval of the contract with the Consultant will require appropriating $124,827 from the General Fund to pay for the encampment cleanup.
ALTERNATIVE ACTION:
City Council could choose to defer this item to the August 28, 2024, Council meeting to provide Mr. Singh time to realistically evaluate the development potential of his property and conduct the abatement himself.
City Council could alternatively choose to cancel the cleanup of this public nuisance and direct staff to bring back a request to rescind the abatement order from the April 9, 2024, Council meeting.
ATTACHMENTS AND/OR REFERENCES (If any):
1. City Council Staff report from April 9, 2024.
2. City RFP and Koala Tree Care
4/12/2024 11:15:07 AM
https://cityofwatsonville.escribemeetings.com/CC_Apr09_2024/eSCRIBE Documents/eSCRIBE Raw Attachments/50/Report - Abatement of Nuisance 014-021-01.docx
Agenda Report
MEETING DATE: Tuesday, April 9, 2024
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
BUILDING OFFICIAL DESANTE
SENIOR CODE ENFORCEMENT OFFICER VARGAS
THROUGH: CITY MANAGER MENDEZ
SUBJECT: HEARING FOR THE ABATEMENT OF A NUISANCE AT PARCEL (014-021-01) IN THE CITY OF WATSONVILLE
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a Resolution directing the Building Official to abate the public nuisance at parcel (014-021-01) without delay.
BACKGROUND:
The property (Parcel 014-021-01) is a vacant lot within district 3 that has been allowed to be used as a homeless encampment. Currently the property is housing anywhere between 20- 40 un-housed people and the property has accumulated a tremendous amount of abandoned personal property, trash, and debris creating a blighting factor for the surrounding area, as well as an environmental hazard to Corralitos Creek.
DISCUSSION:
On March 26, 2024, the Building Official reported to the City Council the existence of a Nuisance at parcel (014-021-01). Although staff have sent letters, notices, and citations for lack of maintenance, there has been no significant progress achieved by the owner of record.
The Building Official’s report identified the following items making this property a Nuisance. • This property is unsecured, allowing for un-housed people to erect tent like structures throughout the parcel.
• The property has accumulated significant amounts of abandoned personal property, furniture, trash, and debris creating a blighting factor for the surrounding area. • The vegetation has become overgrown which has the potential to create a fire hazard in the dry season.
Attachment 1
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https://cityofwatsonville.escribemeetings.com/CC_Apr09_2024/eSCRIBE Documents/eSCRIBE Raw Attachments/50/Report - Abatement of Nuisance 014-021-01.docx
During the meeting on (March 26, 2024) the City Council declared the property a “Nuisance” and directed the Building Official to abate the Nuisance. A public hearing was also set for April 9, 2024, to hear any comments or objections to the proposed nuisance abatement by the City.
As described by Municipal Code section 5-17.06 of the Nuisance Abatement Ordinance, notices of the proposed abatement and the hearing date were posted at the subject property (attachment 1) and sent certified mail to the currently listed property owners of record.
Tonight’s public hearing provides the forum for comments or objections from the public, the property owner or any interested parties. After hearing objections, if any, Council will then adopt a resolution to allow or overrule the objections, at which time the City may proceed with the abatement.
In the adoption of the resolution, the Building Official will be directed to abate the nuisance.
The Building Official will be responsible for coordinating efforts to correct the violations and to keep an account of the cost of abatement, which will be reported to the Council after completion. This meeting will again require notification of the public, the property owner or any interested parties of cost for abatement. During this meeting, Council will consider the cost to be assessed and hear any protests or objections to the proposed assessment, after which they will adopt a resolution confirming the cost to be assessed for the abatement.
Once confirmed, the lien will be placed on the property for the collection of the costs.
Next Steps:
Encampment cleanup is a process, not an event. Once the Building Official has authority to abate the situation at the encampment, staff will work with the County of Santa Cruz and other stakeholders to develop an Action Plan to begin outreach and engagement with the population living on the property in a first attempt to assess needs and work on a plan for relocation, so that the population does not end up creating another encampment elsewhere. (see the Planning Checklist from the US Interagency Council on Homelessness for best practices in Attachment 1)
Once a team has been assembled and the population notified and engaged, we will move to remove all people and items from the encampment and return the property to its original state. The property may require fencing or other means to keep people out, which will be determined through the abatement process.
STRATEGIC PLAN:
This action reflects the City Council’s strategic goals for 2023-2025 to continue Code Enforcement efforts in maintaining our neighborhoods safe and healthy, and the City’s positive image.
FINANCIAL IMPACT:
City staff are proposing to use funds from the Emergency Relocation fund created to provide assistance to occupants of housing units, which are required to be vacated due to their dangerous conditions. The funds used for the “Nuisance Abatement” projects would be Attachment 1
4/12/2024 11:15:07 AM
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reimbursed 100% to this fund on a yearly basis at the time these costs are collected through the property taxes as provided in the “Nuisance Abatement” Ordinance. A lien will be placed on the property to ensure that all costs incurred in this process are paid before any changes of ownership can occur. There would be no impact to the General Fund for this activity.
ALTERNATIVE ACTION:
The City Council could reject the proposed abatement action and allow the nuisance to continue to exist. The City Council could pursue continued notifications and efforts to the responsible party for this property, requiring corrections of the violations and issuing citations for non-compliance.
ATTACHMENTS AND/OR REFERENCES (If any):
1. USICH Planning Checklist: Ending Homelessness for People Living in Encampments:
Advancing the Dialogue
2. Notice to Abate Nuisance
Attachment 1
United States Interagency Council on Homelessness 1
Planning Checklist
Ending Homelessness for People Living in
Encampments: Advancing the Dialogue
To end homelessness for everyone, we must link people experiencing unsheltered homelessness, including people sleeping and living in encampments1, with permanent housing opportunities matched with the right level of services to ensure that those housing opportunities are stable and successful. It is only through the provision of such opportunities that we can provide lasting solutions for individuals and communities. Across the country, many communities are wrestling with how to create effective solutions and provide such housing opportunities for people experiencing unsheltered homelessness. In 2015, USICH created Ending Homelessness for People Living in Encampments: Advancing the Dialogue, a framework for developing local action plans. This Planning Checklist is intended as an accompaniment to that document in order to aid policy-makers, government officials, and practitioners in developing a thoughtful, coordinated, and collaborative plan to ensure that people living in encampments are linked to permanent housing. More detailed information regarding each of the actions identified here is provided within the full document.
Prepare with Adequate Time for Planning and Implementation When developing an action plan:
Determine Timing. Articulate an action plan timeline so residents can determine their options and partners know the timeline for connecting people to housing.
Create Shared Purpose, Intent, and Outcomes. Develop a common purpose and intent for all stakeholders that enhances collaborative efforts and helps partners identify resources and activities to achieve shared outcomes. Develop Shared Protocols/MOU. Create a Memorandum of Understanding that formalizes relationships among stakeholders and delineates protocols.
Create a Communications Plan. Incorporate a communications strategy on how to interact with the media and respond to questions from community members.
Identify the Land Owner(s). Consider the needs of the land owner and determine his/her role. Assess Needs of People Living in the Encampment. Consistently assess the needs of every person. Identify Adequate Staffing and Resources. Based on the projected need, determine how existing housing and services resources can be aligned to connect people to permanent housing. Plan for Preventing Encampments from Being Recreated. Create strategies for cleanup measures as well as how the site will be used and/or secured in the future. Plan for Follow-up Contacts and Tracking Outcomes. Include strategies for following up with people who have been assisted in order to track outcomes.
Standardize Future Responses. Develop standardized approaches that incorporate law enforcement policies and agreements with housing providers.
Integrate with the Community’s Strategic Efforts to End Homelessness. Identify lessons that can strengthen the community’s overall homelessness crisis response system.
1 USICH recognizes that different terms are used for such settings—such as “tent cities”—but has chosen to use “encampments” in this document, while encouraging communities to use whatever language works best locally.
Attachment 1
Attachment 1
United States Interagency Council on Homelessness
2 Collaborate Across Sectors and Systems
When developing or expanding a collaborative partnership, engage stakeholders, including:
People Living in Encampments. To help understand the needs and goals of residents. Continuum of Care Agencies. To provide expertise in coordinating system-level responses. Other Social Service and Healthcare Agencies. To provide access to data, resources and expertise. Community Outreach and Engagement Teams. To help develop the best engagement strategies. Law Enforcement Agencies. To coordinate outreach and ensure the safety of all. Local Government Agencies and Officials. To help coordinate government resources and action, specifically:
Elected Officials
Planning, Parks and Recreation, and Public Works
Human or Social Services Departments
Public Health and Behavioral Health Care Departments
Business Leaders. To leverage professional relationships to generate support and resources. Philanthropic Organizations. To involve private funders that have interest in ending homelessness. Faith-based Organizations. To provide volunteer and financial support. Advocates. To ensure that the voices of people in encampments are heard and raise other concerns.
Perform Intensive and Persistent Outreach and Engagement Implement outreach and engagement efforts throughout the process, including:
Identifying All Members of the Encampment By Name and Implement Ongoing Outreach. Having a full understanding of the population is important to scale resources and tailor interventions. Maintaining a Consistent Presence in the Encampment. Devote adequate time and resources to ensure trusting relationships are being developed with residents. Maintaining Honest and Transparent Communication. Transparency about the process and timelines ensures trusting relationships are formed.
Identifying Leadership from within the Encampment. Include such leaders in the process in order to better understand the needs and goals of people and to strengthen relationships. Cross-Training and Sharing Information. Sharing information among outreach teams increases success by enabling partners to develop shared responses to both crisis and non-crisis situations. Linking with Housing Search Services. Outreach workers should partner with housing navigators, housing search specialists, and landlord liaisons to help people access housing.
Provide Low-Barrier Pathways to Permanent Housing
To provide a range of housing solutions, consider:
Applying Housing First Strategies and Practices. Remove obstacles, requirements, and expectations so that people can access housing as quickly as possible.
Aligning Activities with the Existing Homeless Crisis Response and Coordinated Entry System. Coordinated entry assures people are prioritized for and provided housing and services that meet their needs. Offering Interim Housing Opportunities and a Clear Path to Permanent Housing. It is important to provide immediate, interim housing without barriers to entry while permanent housing is being secured. Identifying an Adequate Supply of Housing Options. People will need access to a variety of housing options, including permanent supportive housing, rapid re-housing, and mainstream affordable housing. Engaging State and Federal Partners. Identify opportunities to align Federal, state, and local funding and programs to provide pathways to permanent housing.
Attachment 1
Attachment 1
City of Watsonville
“A Community of Opportunities”
Community Development
Department
250 Main Street
Watsonville, CA 95076
831-768-3050
[email protected]
www.cityofwatsonville.org
DOCUMENTO IMPORTANTE: Si ocupa traducción hable al 831-768-3050
NOTICE TO ABATE NUISANCE
NOTICE IS HEREBY GIVEN that on March 26, 2024, pursuant to the provisions of Section 5-17.05 of the Watsonville Municipal Code, the City Council of said City passed a resolution declaring that a nuisance exists upon the property located at vacant lot (APN:014-021-01) hereafter defined and described which constitutes a public nuisance, which nuisance must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners, without delay, shall remove such nuisance from such property or such nuisance will be abated by City authorities, in which case the cost of such abatement will be assessed upon the property from which such nuisance shall have been abated, and such costs will constitute a lien upon such property until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. Any person having any objection to the proposed abatement of such nuisance is hereby notified to attend a meeting of the City Council of said City, to be held in the City Council Chambers, on April 9, 2024, at 6:30 p.m., or as soon thereafter as the matter can be heard, when and where objections will be heard and given due consideration.
Definition of nuisance:
Illegal camping, lack of sanitation, abandoned personal property, accumulation of furniture, trash, and debris.
Joseph Desante
Building Official
City of Watsonville
Dated: This 27th day of March, 2024
Attachment 2
Attachment 1
Reso No. 59-24 (CM)
Meeting Date: 04/09/24 1
RESOLUTION NO. 59-24 (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE OVERRULING OBJECTIONS, IF ANY, AND ORDERING
ABATEMENT OF A PUBLIC NUISANCE ON PRIVATE PROPERTY AT
VACANT LOT ON AIRPORT BLVD (014-021-01), WATSONVILLE,
CALIFORNIA, PURSUANT TO CHAPTER 17 (NUISANCES) OF TITLE 5 (PUBLIC WELFARE, MORALS, AND CONDUCT) OF THE
WATSONVILLE MUNICIPAL CODE
WHEREAS, on March 26, 2024, the City Council adopted a Resolution declaring that the condition of the vacant lot located on Airport Blvd (APN: 014-021-01), Watsonville, California, is injurious to health, indecent, offensive to the senses, negative impacts to the environment and a public nuisance and should be abated or removed in order to protect the public health, safety and welfare; and WHEREAS, a public hearing was set and noticed for Tuesday, April 9, 2024, at 5:30 pm., in the City Council Chambers, 275 Main Street, 4th Floor, as the time and place for a public hearing to hear any objection to the proposed destruction or removal of the public nuisance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution ordering abatement for APN: 014-021-01 does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. That any and all objections to the proposed clearance of abandoned property, removal of structures, removal of tents, removal of furniture, removal of trash, weeds and debris upon the private property as reported by the Building Official are hereby overruled.
DocuSign Envelope ID: 617E3B59-800F-4F79-93AC-3D9B0438D62A Attachment 1
Reso No. 59-24 (CM)
Meeting Date: 04/09/24 2
3. That the Building Official is hereby authorized and directed to abate such nuisance or cause the same to be abated, by securing the property and having all structures, tents, furniture, scrap metals, weeds, trash, and debris removed by any legal method, and the Building Official and his deputies, assistants, employees, contracting agents, or other representatives are hereby expressly authorized to enter upon said private property for that purpose.
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Reso No. 59-24 (CM)
Meeting Date: 04/09/24 3
The foregoing resolution was introduced at a regular meeting of the Council of the City of Watsonville, held on the 9th day of April , 2024, by Member Clark , who moved its adoption, which motion being duly seconded by Mayor Pro Tempore Orozco, was upon roll call carried and the resolution adopted by the following vote:
AYES: COUNCIL MEMBERS: Clark, Dutra, Montesino, Orozco, Parker, Quiroz-Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Salcido
____________________________
Vanessa Quiroz-Carter, Mayor
ATTEST:
_____________________________
City Clerk
_______________________
Date
APPROVED AS TO FORM:
_____________________________
City Attorney
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I, Irwin I. Ortiz, City Clerk of the City of Watsonville, do hereby certify that the foregoing Resolution No. 59-24 (CM) was duly and regularly passed and adopted by the Watsonville City Council at a meeting thereof held on the 9th day of April , 2024, and that the foregoing is a full, true and correct copy of said Resolution. ________________________________
Irwin I. Ortiz, City Clerk
Date__________________________
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4/11/2024 | 5:01 PM PDT
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1 Reso No. ______ (CM)
Meeting Date: 070924 SWZ ______ TV ______ CDD ______
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING CONTRACT TO KOALA TREE CARE, INC.,
DBA CLEAN TEAM ASSOCIATES FOR ON-CALL NUISANCE
ABATEMENT CLEANUP AND SUPPORT SERVICES, TO ABATE A
NUISANCE AT APN: 014-021-01, IN THE AMOUNT OF $144,827;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
SAME AND AUTHORIZING BUDGET APPROPRIATION OF $124,827
FROM THE GENERAL FUND [0150]
WHEREAS, on March 26, 2024, the City Council adopted Resolution No. 44-24 (CM) declaring the condition of the vacant lot located on Airport Blvd (APN: 014-021- 01), Watsonville, California, is injurious to health, indecent, offensive to the senses, negative impacts to the environment and a public nuisance and should be abated or removed in order to protect the public health, safety and welfare; and WHEREAS, on April 9, 2024, the City Council adopted Resolution No. 59-24 (CM), directing staff to abate the nuisance at APN 014-021-01; and WHEREAS, § 3-5.500 of the Watsonville Municipal code provides that an RFP or RFQ process is found to be an effective and efficient way to procure professional services and procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, the City issued an RFP for consultant services to provide homeless encampment cleanup services and received two bids in the amounts of $125,000 and $160,000, which require allocation of funds from the General Fund Reserve account to execute; and
WHEREAS, the City has identified Koala Tree Care, Inc. dba Clean Team
2 Reso No. ______ (CM)
Meeting Date: 070924
Associates as the lowest bidder with experience providing nuisance abatement in sensitive habitat areas, with a total cost of $144,827 (including a 15% contingency) to complete the work at APN 014-021-01.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) because adopting a Resolution approving a consultant contract for On-Call Nuisance Abatement and Support Services and allocating funding for same does not meet CEQA’s definition of a “project” since the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. 15378(a)) and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. (14 Cal. Code Regs. Section 15378(b)(5).) Even if this action were a “project,” it would be exempt from CEQA as the “enforcement of a law, general rule, standard, or objective, administered or adopted by [a] regulatory agency,” because the action is the enforcement of Watsonville Municipal Code Section 1-2.01 regarding violations of the Municipal Code through public nuisances (14 Cal. Code Regs. Section 15321); as a “minor alteration to land” (14 Cal. Code Regs. Section 15304); and under the “common sense” exception, because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment. (14 Cal. Code Regs. Section 15061(b)(3).)
2. That the City Council hereby awards a contract to Koala Tree Care, Inc.,
3 Reso No. ______ (CM)
Meeting Date: 070924
dba Clean Care Associates, for On-Call Nuisance Abatement and Support Services, in an amount not to exceed $144,827.
3. That the Contract between the City of Watsonville and Koala Tree Care, Inc., dba Clean Care Associates, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
4. The City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
5. That the City Council hereby authorizes the appropriation of $124,827 from the General Fund [0150} to pay the cost to abate the nuisance at APN 014-021-01. ********************************
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CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND KOALA TREE SERVICES INC. (DBA KOALA
TREE CARE, DBA CLEAN TEAM ASSOCIATES)
THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called “City,” and Koala Tree Services Inc. (DBA Koala Tree Care, DBA Clean Team Associates), hereinafter called "Consultant."
WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has the requisite skill, training, qualifications, and experience to render such services called for under this Contract to City.
Table of Contents
SECTION 1. SCOPE OF SERVICES.............................................................................. 2 SECTION 2. TERM OF CONTRACT. ............................................................................. 2 SECTION 3. SCHEDULE OF PERFORMANCE. ............................................................ 2 SECTION 4. COMPENSATION. ..................................................................................... 2 SECTION 5. METHOD OF PAYMENT............................................................................ 2 SECTION 6. INDEPENDENT CONSULTANT. ............................................................... 2 SECTION 7. ASSIGNABILITY. ....................................................................................... 2 SECTION 8. INDEMNIFICATION.................................................................................... 2 SECTION 9. INSURANCE. ............................................................................................. 3 SECTION 10. NON-DISCRIMINATION........................................................................... 4 SECTION 11. TERMINATION......................................................................................... 4 SECTION 12. COMPLIANCE WITH LAWS. ................................................................... 4 SECTION 13. GOVERNING LAW................................................................................... 4 SECTION 14. PRIOR CONTRACTS AND AMENDMENTS............................................ 4 SECTION 15. CONFIDENTIAL INFORMATION. ............................................................ 5 SECTION 16. OWNERSHIP OF MATERIALS. ............................................................... 5 SECTION 17. COVENANT AGAINST CONTINGENT FEES.......................................... 5 SECTION 18. WAIVER. .................................................................................................. 5 SECTION 19. CONFLICT OF INTEREST....................................................................... 5 SECTION 20. AUDIT BOOKS AND RECORDS. ............................................................ 5 SECTION 21. NOTICES. ................................................................................................ 6 SECTION 22. EXHIBITS:................................................................................................ 6 o-0-o
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THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES.
Consultant shall perform those services as specified in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which is attached hereto and incorporated herein.
SECTION 2. TERM OF CONTRACT.
The term of this Contract shall be from July 10, 2024 to June 30, 2025, inclusive.
SECTION 3. SCHEDULE OF PERFORMANCE.
The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.”
SECTION 4. COMPENSATION.
The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein.
SECTION 5. METHOD OF PAYMENT.
Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement of the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT.
It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
SECTION 7. ASSIGNABILITY.
Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION.
Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
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Consultant shall defend, indemnify and hold harmless City, its officers and employees, against any loss or liability arising out of or resulting in any way from work performed under this Contract due to the willful or negligent acts (active or passive) or errors or omissions by Consultant or Consultant's officers, employees or agents.
SECTION 9. INSURANCE.
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force throughout the term of this Contract a professional liability insurance policy (Errors and Omissions), in a company authorized to issue such insurance in the State of California, with limits of liability of not less than One Million Dollars ($1,000,000.00) to cover all professional services rendered pursuant to this Contract.
B. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
C. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
D. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract. Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that DocuSign Envelope ID: 34B9084A-981A-403D-80EC-5F19159B0FF7
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insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
E. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
SECTION 12. COMPLIANCE WITH LAWS.
Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
SECTION 13. GOVERNING LAW.
City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS.
This Contract represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
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SECTION 15. CONFIDENTIAL INFORMATION.
All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.
SECTION 16. OWNERSHIP OF MATERIALS.
All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES.
The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER.
Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS.
Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
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SECTION 21. NOTICES.
All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
Craig Erickson, Owner
Koala Tree Service, Inc.
125 Franklin Street
Santa Cruz, CA 95060
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY
______________________________
Tamara Vides, Interim City
Manager
ATTEST:
BY
______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
BY
______________________________
Samantha W. Zutler, City Attorney
CONSULTANT
BY_________________________________
Craig Erickson, Owner
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EXHIBIT “A”
SCOPE OF SERVICES
The scope of this contract is to conduct homeless encampment site clean up and support services for homeless encampments located on private property. All work shall be conducted Monday through Friday 8 am – 5pm, excluding holidays.
SERVICES TO BE PROVIDED
1. As directed by the City, provide homeless encampment site cleanup to include the removal of large items, biohazardous materials, and trash and debris as needed for the City of Watsonville as well as:
a. Human waste and other hazardous materials
b. Garbage
c. Temporary shelters
d. Furniture, appliances, tires, construction debris, bicycles, mattresses, box springs, and other illegally dumped items
e. Dismantling of temporary structures
2. Contractor shall supply all labor, material, tools, protective clothing and gear, and any equipment that may be needed to perform the clean up work.
3. Contractor shall post City provided “Notice to Vacate” signs at the works site 24- hours before cleanup is to commence. Contractor shall provide the City with photographic evidence of this posting.
4. Contractor shall be responsible for the supervision and management of crews and any subcontractors necessary to complete the work, and ensure all safety procedures are adhered to.
5. Contractor shall provide bags and tags and identify and tag “personal property” such as eyeglasses, books, jewelry, stoves, audio equipment, toiletries, personal records, handbags and wallets, personal photographs, duffel bags, bedrolls, blankets, watched, and clean clothing. The Contractor will transport identified property for storage to a site designated by City.
6. Contractor shall photograph any and all illegally dumped items on the property, all evidence of encampments and provide this photographic evidence to the City.
7. Contractor shall notify the City when the work is complete and provide a cleanup report to include the total weight of debris removed from the property.
8. Contractor shall follow all applicable laws, best practices and procedures to safely manage any hazardous materials found on the property including urine, feces, solid personal hygiene items, syringes and any other hazardous items.
9. Contractor shall be responsible for trimming shrubs and vegetation at the direction of City staff to deter future encampments,
10.Contractor shall immediately contact the Watsonville Police Department if any weapons are found.
11.Contractor shall perform work in a timely, efficient, courteous and business-like manner.
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:
Consultant shall post the site for cleanup within 10 days of direction from the City of Watsonville to commence work.
Site cleanup shall be completed within 21 days.
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EXHIBIT “C”
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed One Hundred Forty-Four Thousand Eight Hundred Twenty-Seven Dollars ($144,827), which includes the projected cost to abate the encampment at APN: 014-021-01 plus a 15% contingency for unforeseen costs.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.
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Agenda Report
MEETING DATE: Tuesday, July 9, 2024
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG
PRINCIPAL ENGINEER THERIOT
SUBJECT: RESOLUTION APPROVING CONTRACT CHANGE ORDER
NO. 2 TO CONTRACT WITH PAVEMENT COATINGS
COMPANY FOR ADDITIONAL ROAD REPAIRS AND
STRIPING UNDER THE 2023 CITYWIDE PAVEMENT
MAINTENANCE PROJECT, NO. ST-23-15148, IN THE
AMOUNT OF $61,275.35
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution to approve contract change order no. 2 to the 2023 Citywide Pavement Maintenance Project, No. 23-15148, in the amount of $61,275.37 to cover additional work performed to repair roads and install additional striping, and a budget transfer of $65,705.60, and authorize the City Manager to execute said contract change order.
BACKGROUND:
The Public Works & Utilities Department awarded a contract for $1,294,296.00 for pavement maintenance, including removing and replacing failed pavement, applying slurry seal to roadways, adjusting utilities to grade, and restriping roadways that were slurry sealed. During the course of construction, the Green Valley Water Main Replacement was completed. Pavement Coatings Company was directed to seal Green Valley Rd to cover the trench repair and restripe the roadway. This work was done in support of the water main replacement project and restored this major arterial to preconstruction condition. This stretch of roadway was outside of the original contract scope of work.
In addition, roadways with significant damage were discovered, which required additional work to repair.
DISCUSSION:
The City Council awarded the contract to construct the 2023 Citywide Pavement Maintenance Project to Pavement Coatings Company in the amount of $1,294,296.00.
This action was taken with the adoption of Resolution 140-23 (CM) at the Council meeting held on July 18, 2023.
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During construction, it was determined to be cost effective to have Pavement Coatings Company slurry seal and stripe Green Valley Rd. and construct additional repairs to significantly damaged streets.
Contract Change Order No. 1 was approved by the City Manager to add $198,574.25 to the contract for a portion of the additional work described. The change order was not required to be approved by the City Council because it was within the signing authority of the City Manager and the $200,000 cumulative limit on change orders.
Contract Change Order No. 2 is requested in the amount $61,275.35 to pay for the cost of actual quantities installed based on the bid unit pricing, including additional digouts, slurry seal, striping, and associated traffic control costs. Ultimately, performing these repairs with this contract was cost effective and will contribute to extending the useful life of the roadways.
The following summarizes the contract change orders.
Original Contract $1,294,296.00
Contract Change Order 1 $198,574.25
Contract Change Order 2 $61,275.35
TOTAL final contract cost $1,554,145.60
STRATEGIC PLAN:
The project supports the Strategic Plan Goal:
2-Infrastructure & Environment
FINANCIAL IMPACT:
When the contract with Pavement Coating Company was awarded by Council, the contract amount ($1,294,296.00) plus 15% contingencies ($194,144.40) was appropriated, for a total of $1,488,440.
Fund Budget Number Amount Account
Balance
General Fund 0150-901-7837-15148 1,099,000.00 15,379.42 Gas Tax 0305-923-7837-15148 200,000.00 -0-
SB1 0306-924-7837-15148 189,440.00 -0-
Original
appropriation 1,488,440.00
Water fund
(transfer) 0720-913-7831-14834 65,705.60
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TOTAL
appropriations 1,554,145.60
As the costs included in Change Order No. 2 are associated with repairing the roadway following the water main replacement on Green Valley Rd., the funds shall be transferred from budget account 0720-913-7831-14834 in the amount of $65,705.60 to budget account 00720-913-7837-15148. There is sufficient budget available in budget account 0720-913-7831-14834.
ALTERNATIVE ACTION:
No reasonable alternatives are available at this time.
ATTACHMENTS AND/OR REFERENCES:
None
Reso No. (CM)
Meeting Date: 070924 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING CONTRACT CHANGE ORDER NO. 2
WITH PAVEMENT COATINGS CO., A CORPORATION, FOR THE 2023 CITYWIDE PAVEMENT MAINTENANCE PROJECT, NO. ST-23-15148, AND INCREASING THE TOTAL CONTACT AMOUNT TO $1,554,145.60;
AUTHORIZING A BUDGET TRANSFER FROM THE WATER
ENTERPRISE FUND [0720]; AND DIRECTING THE INTERIM CITY
MANAGER TO EXECUTE SAME
WHEREAS, on June 13, 2023, the City Council adopted Resolution No. 97-23 (CM), approving plans and specifications and authorized calling for bids for the 2023 Citywide Pavement Maintenance, Project No. ST-23-01; and WHEREAS, on July 18, 2023, the City Council adopted Resolution No. 140-23 (CM) awarding construction contract to Pavement Coatings Co., a corporation, for the 2023 Citywide Pavement Maintenance Project, No. ST-23-15148, in the amount of $1,294,296, plus an additional 15% contingency for unforeseen change orders for a total project amount of $1,488,440; and
WHEREAS, on December 1, 2023, Contract Change Order No. 1 was approved by the City Manager, and added $198,574.25 to the contract for additional work; and WHEREAS, Contract Change Order No. 1 was not required to be approved by the City Council because it was within the signing authority of the City Manager; and WHEREAS, Contract Change Order No. 2 increases the contract total in the amount of $61,275.35 for a revised total amount not to exceed $1,554,145.60, to pay for cost of actual quantities installed based on the bid unit pricing, including additional digouts, slurry seals, striping, and associated traffic control costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
Reso No. (CM)
Meeting Date: 070924
2 1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving the change order with Pavement Coatings Co., a corporation, does not meet CEQA’s definition of a “project”, because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and if a “project”, is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
2. That Contract Change Order No. 2 with Pavement Coatings Co., a corporation, for the 2023 Citywide Pavement Maintenance Project, No. ST-23-15148, increasing the contract total in the amount of $61,275.35, a copy of which is attached hereto and incorporated by this reference, is hereby approved.
3. That the budget transfer of $65,705.60 from budget account 0720-913- 7831-14834 to budget account 0720-913-7837-15148, is hereby authorized.
4. The Interim City Manager is hereby authorized and directed to execute said Contract Change Order No. 2 for and on behalf of the City of Watsonville with minor revisions that may be approved by the Interim City Manager and the City Attorney. ********************************
CITY OF WATSONVILLE, DEPARTMENT OF PUBLIC WORKS & UTILITIES CONTRACT CHANGE ORDER NO. 2 SUPPL. NO. FEDERAL NO.
PROJECT NAME 2023 Pavement Maintenance Project PROJECT NO. ST-23-15148 To Pavement Coating Co. Contractor
You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described work not included in the contract plans and specifications. All new work herein described shall be done in accordance with the applicable provisions of the contract plans and specifications, except as specifically modified by this contract change order.
NOTE: This change order is not effective until approved by the Director of Public Works and Utilities.
Change requested by: Patrice Theriot, Principal Engineer Description of work: Initial Sheet of Sheets
The table below quantifies the final materials and tasks incorporated into the 2023 Pavement Maintenance Project, and no further changes shall be made.
Item No. Description
Final
Quantity Units Unit Cost
Final
Subtotal
Preparation
1 Mobilization 1.08 LS 60,000.00 65,040.00
2 Water Pollution Control 1.00 LS 7,500.00 7,500.00
3 Prepare Traffic Control Plan 1.00 LS 5,500.00 5,500.00 4 Implement Traffic Control Plan 1.036 LS 140,000.00 145,040.00 Excavation & Paving
5 Remove & Replace 4-inch depth, (aka
Digout) 21,392.00 SF 10.50 224,616.00
6 Remove & Replace 6-inch depth, (aka
Digout) 39,216.00 SF 11.00 431,376.00
7 Polymer Modified Slurry Seal Type III 798.72 TON 275.00 219,648.00 Utilities
8 Furnish manhole frame & cover 21.00 EA 575.00 12,075.00 9 Remove & Replace manhole frame & cover 21.00 EA 1,800.00 37,800.00 10 Furnish G5 Water Valve Box & Riser 32.00 EA 250.00 8,000.00 11 Remove & Replace manhole Water Valve
Box & Riser 32.00 EA 1,600.00 51,200.00
Signage & Striping
12 Striping & Pavement Marking Removal 1.00 LS 45,000.00 45,000.00 13 Raised Pavement Markers-Blue 20.00 EA 37.00 740.00
14 Thermoplastic Pavement Markings 0.00 SF 12.65 0.00
15 Thermoplastic 12" Stripe 0.00 LF 11.35 0.00
16 Thermoplastic Striping and Raised Pavement
Markers-Detail 22 0.00 LF 4.50 0.00
17 Thermoplastic Striping and Raised Pavement
Markers- Detail 38B 0.00 LF 3.15 0.00
Contract Change Orders
Adjusted Quantities to bid items
CCO1 14 - Thermoplastic Pavement Markings 944.00 SF 12.65 11,941.60 CCO1 15 - Thermoplastic 12" Stripe 1183.00 SF 11.35 13,427.05 CCO1 16 - Thermoplastic Striping & Raised
Pavement Markers - Detail 22 7103.00 LF 4.50 31,963.50
CCO1 17 - Thermoplastic Striping & Raised
Pavement Markers - Detail 38B 180.00 LF 3.15 567.00
1 2
DocuSign Envelope ID: 57FEB04D-070B-41D4-A516-E577629FA181
Additional Work, not in original bid
CCO1 Additional Traffic Control for Additional
Work 1.00 LS 28,800.00 28,800.00
CCO1 Detail 29 125.00 LF 10.00 1,250.00
CCO1 sharks' teeth 148.00 LF 14.50 2,146.00
CCO1 6-inch wide hatch 90.00 LF 6.50 585.00
CCO1 High-Visibility Xwalk white 2280.00 SF 14.50 33,060.00 CCO1 High-Visibility Xwalk yellow 1736.00 SF 14.50 25,172.00 CCO1 painted red curb 132.00 LF 6.25 825.00
CCO1 Re-mobilization for Revised Layout 1.00 LS 7,200.00 7,200.00 Green Valley Rd Striping
CCO1 Traffic Control Green Valley 1.00 LS 14,000.00 14,000.00 CCO1 Striping and Marking Removal 1.00 LS 30,000.00 30,000.00 CCO1 Thermoplastic Detail 9 2323.00 LF 2.50 5,807.50
CCO1 Thermoplastic Detail 22 218.00 LF 4.50 981.00
CCO1 Thermoplastic 25A 1876.00 LF 3.50 6,566.00
CCO1 Thermoplastic 38B 710.00 LF 3.15 2,236.50
CCO1 Thermoplastic 39 2271.00 LF 3.15 7,153.65
CCO1 Thermoplastic 39A 1080.00 LF 3.15 3,402.00
CCO1 Thermoplastic Pavement Markings 351.00 SF 12.65 4,440.15 CCO1 Thermoplastic High Visibility Crosswalks 0.00 SF 14.50 0.00 CCO1 Thermoplastic 12" stop bars 1079.00 LF 11.35 12,246.65 CCO1 Thermoplastic Green Bike Lanes 4060.00 SF 14.00 56,840.00 TOTAL Project Costs $1,554,145.60
Original Contract $1,294,296.00
CCO1 $198,574.25
CCO2 to be approved $61,275.35
% cumulative INCREASE of original
contract 20.08%
Estimated Cost: Decrease $ or Increase $ 61,275.35
By reason of this order the time of
completion will be adjusted as follows: n/a DAYS
Submitted by: Approved:
Patrice Theriot Principal Engineer Date Director of Public Works and Utilities Date Approved: Approved:
Director of Administrative Services Date City Manager Date
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work specified, and accept the prices listed above as full payment for all labor, equipment, materials, overhead and profit required to perform the above described change.
Date Accepted Contractor
By Title
Pavement Coating Co. 2 of 2
DocuSign Envelope ID: 57FEB04D-070B-41D4-A516-E577629FA181 6/14/2024 | 3:46 PM PDT
Sr. Project Manager
6/17/2024 | 10:34 AM PDT 6/17/2024 | 10:35 AM PDT
7/3/2024 9:33:43 PM
C:\Program Files\eSCRIBE\TEMP\21334036220\21334036220,,,Report - CapitalEdge and JEA Assoc.docx Agenda Report
MEETING DATE: Tuesday, July 9, 2024
TO: City Council
FROM: CITY MANAGER VIDES
SR ADMINISTRATIVE ANALYST ZAVALA
SUBJECT: AWARD OF CONTRACT TO CAPITALEDGE ADVOCACY AND
JEA & ASSOCIATES FOR FEDERAL AND STATE LEGISLATIVE
ADVOCACY AND CONSULTING SERVICES
RECOMMENDED ACTION:
It is recommended that the City Council authorize the City Manager to enter into a 2-year contract with CapitalEdge Advocacy for Federal Legislative Advocacy and Consulting Services for a not to exceed cost of $48,000 per year and a 3-year contract with JEA & Associates for State Legislative Advocacy and Consulting Services for a not to exceed cost of $84,000 per year.
BACKGROUND:
The city released a Request for Proposals (RFP) on April 12, 2024, seeking qualified consultants to provide the City with Federal and/or State Legislative Advocacy and Consulting Services. Proposals were due from respondents by May 8, 2024. The selected firm/s would be tasked with providing analysis and advice on legislative issues, monitoring legislative developments, developing strategies, identifying funding opportunities, and advocating for the City’s priorities and interests per the City’s Legislative Platform A total of 3 firms responded to the proposal: CapitalEdge Advocacy, Inc., Townsend Public Affairs, Inc., and JEA & Associates. CapitalEdge Advocacy proposed Federal representation services for an annual not-to-exceed fee of $60,000. Similarly, Townsend Public Affairs also proposed Federal only representation for an annual not to exceed fee of $72,000. JEA and Associates submitted a proposal as well to continue providing both State and Federal Representation for the City for an annual not to exceed cost of $102,000 plus an annual retainer for travel expenses not to exceed $7,000.
The City is currently contracted with JEA & Associates to provide Lobbyist and Advocacy Services to the City of Watsonville at the Federal and State level. JEA has been providing State level services to the City for the past 30 years. JEA has played crucial roles in advancing the City's legislative agenda. They have been responsible for monitoring both current and upcoming legislation, arranging high-level meetings with State agencies, lobbying for specific legislative proposals, and representing the City in key discussions at the State level.
7/3/2024 9:33:43 PM
C:\Program Files\eSCRIBE\TEMP\21334036220\21334036220,,,Report - CapitalEdge and JEA Assoc.docx Additionally, they have facilitated the City's coordination of policy priorities with organizations such as the League of California Cities, the California State Association of Counties, and the Association of California Water Agencies.
Some of JEA’s notable most recent accomplishments in Watsonville are:
In 2021 JEA & Associates secured $7.1 million in grant funding for Ramsay Park renovations through comprehensive engagement with city leaders, stakeholders and legislators.
Worked with Senator Laird and Speaker Rivas to support and sustain the Watsonville Community Hospital and support SB 418, which would regulate the Pajaro Valley Health Care District.
In December 2023, JEA & Associates assisted the City in establishing the City of Watsonville’s Legislative Platform, which summarizes the priorities of the City Council and Executive staff.
The current contract with JEA & Associates is set to expire as of 6/30/2024.
DISCUSSION:
After a careful review of the proposals received, it was determined that the City would benefit most by retaining State level representation services from JEA & Associates as per their proven track record of over 30 years. While also entering into a contract with CapitalEdge Advocacy for representation at the Federal level.
Some notable local accomplishments from CapitalEdge Advocacy are:
CapitalEdge Advocacy collaborated with local sponsors, the County congressional delegation, the White House, and Corps of Engineers on successful effort to secure $149 million in Bipartisan Infrastructure Law (BIL) funding to begin construction on the project, with hopefully more to come to fully fund the federal share of this important endeavor. They have also worked and strategized with stakeholders and federal officials on the successful inclusion of an additional $38 million in the Corps proposed FY 2025 budget (Congress must still approve that request). The project is now a model for the Corps in their changing policies to ensure that communities such as the City of Watsonville and Town of Pajaro are not placed at a disadvantage because of their demographics when awarding Corps funds.
CapitalEdge Advocacy also worked along with local stakeholders and the County congressional delegation to advocate for the successful 2023 METRO application to the U.S.
Department of Transportation that resulted in a $20 million award for the purchase of hydrogen fuel cell buses, upgrades to the METRO facility to meet the needs of those new buses and develop a workforce development program to build expertise in servicing the new zeroemissions buses.
In combination with a significant state grant, the federal assistance allowed METRO to earlier this year finalize the purchase of 57 hydrogen fuel cell buses, which is believed to be the largest such purchase in North America. Many of those buses will serve Watsonville routes.
7/3/2024 9:33:43 PM
C:\Program Files\eSCRIBE\TEMP\21334036220\21334036220,,,Report - CapitalEdge and JEA Assoc.docx The City Manager’s office was able to negotiate the proposed fees for service and is recommending the approval of the following terms:
JEA & Associates - State Legislative Advocacy and Consulting Services Term: 3-year contract
Fee: Not to exceed $84,000/year for a total cost not to exceed $252,000 for the duration of the contract.
CapitalEdge Advocacy - Federal Legislative Advocacy and Consulting Services Term: 2-year contract
Fee: Not to exceed $48,000/year for a total cost not to exceed $96,000 for the duration of the contract.
STRATEGIC PLAN:
The recommended action is consistent with all the goals of the City’s Strategic Plan as the proposed lobbyist and advocacy services may impact all these goals. 1-Economic Development
2-Infrastructure & Environment
3-Housing
4-Fiscal Health
5-Public Safety
6-Community Engagement & Well-Being
7-Efficient and High Performing Government
FINANCIAL IMPACT:
These contracts would have an annual financial impact not to exceed $132,000 ALTERNATIVE ACTION:
The City Council may choose not to approve the contracts at this time.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Reso No. (CM)
Meeting Date: 011122 1
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING A 2-YEAR PROFESSIONAL SERVICES
CONTRACT TO CAPITALEDGE ADVOCACY, INC., FOR FEDERAL
LEGISLATIVE ADVOCACY AND CONSULTING SERVICES, IN AN
AMOUNT NOT TO EXCEED $96,000; AND AUTHORIZING AND
DIRECTING THE INTERIM CITY MANAGER TO EXECUTE SAME
WHEREAS, § 3-5.500 of the Municipal code provides that an RFP or RFQ process is found to be an effective and efficient way to procure professional services and procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, § 3-5.540 of the Municipal Code provides that contracts for professional services estimated to cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars must be awarded by the Council, and that the selection will be based on demonstrated competence and on the education, training and experience and professional qualifications necessary for the satisfactory performance of the services required, that cost will not be the only basis for selection, use a qualifications-based selection process as described in subdivision (a) of § 45271 of the California Government Code and negotiated as described in § 4528; and WHEREAS, a Request for Proposals (RFP) was issued on April 12, 2024, asking for qualified consultants to assist the City with Federal and/or State Legislative Advocacy and Consulting Services; and
1 All references to section numbers will be to the California Government Code
Reso No. (CM)
Meeting Date: 011122 2
WHEREAS, the deadline for submittal of Request for Statement of Proposals was April 30, 2024; and
WHEREAS, a total of 3 firms submitted qualification statements; these statements were reviewed by City staff and a list was developed; and WHEREAS, the Interim City Manager has recommended that the proposal from CapitalEdge Advocacy, in an amount not to exceed $48,000 per year, be accepted as the best response for Federal only Legislative Advocacy and Consulting Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution awarding contract to CapitalEdge Advocacy for Federal Legislative Advocacy and Consulting Services does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal.
Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
2. The Council awards a two-year contract to CapitalEdge Advocacy, for State Legislative Advocacy and Consulting Services, in an amount not to exceed $48,000 per year.
3. That the Contract for Consultant Services between the City of Watsonville and CapitalEdge Advocacy, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
Reso No. (CM)
Meeting Date: 011122 3
4. Consultant shall file FPPC form 700s and 805s pursuant to section 19 of the Contract.
5. The Interim City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the Interim City Manager and the City Attorney. **************************************
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CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND CAPITAL EDGE ADVOCACY
THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and Capital Edge Advocacy, a corporation, hereinafter called "Consultant."
WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has represented that consultant has appropriate skill, training, qualifications, and experience to render such services called for under this Contract to City.
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services described in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which exhibit is attached hereto and incorporated herein.
SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from July 1, 2024 to June 30, 2026, inclusive.
SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.” SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein. This amount shall not exceed $96,000.
SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement describing the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or DocuSign Envelope ID: B4E6BCE3-4AF8-4724-932F-FCEDBCC8C43C
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employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION. Consultant represents that Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrees to defend, indemnify and hold harmless City, its officers, agents, and employees, against any loss or liability arising out of or resulting in any way from work performed by or on behalf of Consultant under this Contract or the errors or omissions by Consultant.
SECTION 9. INSURANCE.
A. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
B. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
DocuSign Envelope ID: B4E6BCE3-4AF8-4724-932F-FCEDBCC8C43C
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C. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.
Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
D. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
DocuSign Envelope ID: B4E6BCE3-4AF8-4724-932F-FCEDBCC8C43C
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SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Courts of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION. Except as may be required by law, all data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager.
SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract.
For breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a FPPC Form 700 disclosure statement, which form shall be filed with the City Clerk within thirty (30) days from the effective date of this Contract as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the DocuSign Envelope ID: B4E6BCE3-4AF8-4724-932F-FCEDBCC8C43C
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proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
Capital Edge Advocacy
1212 New York Avenue, NW, Suite 250
Washington, DC 20005
202-842-5430
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
///
///
///
///
DocuSign Envelope ID: B4E6BCE3-4AF8-4724-932F-FCEDBCC8C43C
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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY ______________________________
Tamara Vides, Interim City Manager
ATTEST:
BY ______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
BY ______________________________
Samantha W. Zutler, City Attorney
CONSULTANT
CAPITAL EDGE ADVOCACY
BY_________________________________
Christopher F. Giglio, President
DocuSign Envelope ID: B4E6BCE3-4AF8-4724-932F-FCEDBCC8C43C
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant will provide the following services:
Congressional Liaison - Consultant will assist the City to develop a good relationship with the City’s congressional delegations.
Liaison with Federal Agencies - Consultant’s will use it’s experience with the programs and policies at virtually every major federal agency to proactively expose client priorities with pertinent federal staff and engage in timely efforts to seek federal funding opportunities.
Grants/Regulatory Relief - Consultant will collaborate with City staff to seek federal opportunities to further the City’s priorities, both through funding solutions and regulatory relief.
Provide insights and contribute to the grant application process through relationships and familiarity with federal departments.
Written Reports - Consultant will maintain frequent communication with the City. In addition to frequent email and telephone contact, Consultant will also send the City their weekly Washington Report, which outlines pertinent activities each week in Washington, as well as a rundown of recent grant opportunities.
On-Site Visits - Consultant is also available for periodic presentations on federal activities to the City Council, either in person or virtually, at the discretion of the City.
City Legislative Platform - Consultant will assist the City in reviewing and modifying the City’s Legislative Platform as needed.
Consultant will provide other advocacy and consulting services that follow the City’s Legislative Platform as needed.
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:
Services provided will be on an as needed, on call basis.
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EXHIBIT "C"
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $96,000.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall not include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.
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Reso No. (CM)
Meeting Date: 070924 SWZ ______ TV ______ CM ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING A 3-YEAR PROFESSIONAL SERVICES
CONTRACT TO JEA & ASSOCIATES, FOR STATE LEGISLATIVE
ADVOCACY AND CONSULTING SERVICES, IN AN AMOUNT NOT TO
EXCEED $252,000; AND AUTHORIZING AND DIRECTING THE INTERIM
CITY MANAGER TO EXECUTE SAME
WHEREAS, § 3-5.500 of the Municipal code provides that an RFP or RFQ process is found to be an effective and efficient way to procure professional services and procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, § 3-5.540 of the Municipal Code provides that contracts for professional services estimated to cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars must be awarded by the Council, and that the selection will be based on demonstrated competence and on the education, training and experience and professional qualifications necessary for the satisfactory performance of the services required, that cost will not be the only basis for selection, use a qualifications-based selection process as described in subdivision (a) of § 45271 of the California Government Code and negotiated as described in § 4528; and WHEREAS, a Request for Proposals (RFP) was issued on April 12, 2024, asking for qualified consultants to assist the City with Federal and/or State Legislative Advocacy and Consulting Services; and
1 All references to section numbers will be to the California Government Code
Reso No. (CM)
Meeting Date: 070924
2 WHEREAS, the deadline for submittal of Request for Statement of Proposals was April 30, 2024; and
WHEREAS, a total of 3 firms submitted qualification statements; these statements were reviewed by City staff and a list was developed; and WHEREAS, the Interim City Manager has recommended that the proposal from JEA & Associates, in an amount not to exceed $84,000 per year, be accepted as the best response for State only Legislative Advocacy and Consulting Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution awarding contract to JEA & Associates for State Legislative Advocacy and Consulting Services does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal.
Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
2. The Council awards a three-year contract to JEA & Associates, for State Legislative Advocacy and Consulting Services, in an amount not to exceed $84,000 per year.
3. That the Contract for Consultant Services between the City of Watsonville and JEA & Associates, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
Reso No. (CM)
Meeting Date: 070924
3 4. Consultant shall file FPPC form 700s and 805s pursuant to section 19 of the Contract.
5. The Interim City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the Interim City Manager and the City Attorney. **************************************
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CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND JEA & ASSOCIATES
THIS CONTRACT, is made and entered into this ,
by and between the City of Watsonville, a municipal corporation, hereinafter called "City," and JEA & Associates, hereinafter called "Consultant."
WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has represented that consultant has appropriate skill, training, qualifications, and experience to render such services called for under this Contract to City.
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services described in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which exhibit is attached hereto and incorporated herein.
SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from July 1, 2024 to June 30, 2027, inclusive.
SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.” SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein. This amount shall not exceed $252,000.
SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement describing the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or DocuSign Envelope ID: B32FF193-F2D8-45FB-B528-0620DBA5C9F3
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employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION. Consultant represents that Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrees to defend, indemnify and hold harmless City, its officers, agents, and employees, against any loss or liability arising out of or resulting in any way from work performed by or on behalf of Consultant under this Contract or the errors or omissions by Consultant.
SECTION 9. INSURANCE.
A. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
B. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
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C. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.
Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
D. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
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SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Courts of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION. Except as may be required by law, all data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager.
SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract.
For breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a FPPC Form 700 disclosure statement, which form shall be filed with the City Clerk within thirty (30) days from the effective date of this Contract as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the DocuSign Envelope ID: B32FF193-F2D8-45FB-B528-0620DBA5C9F3
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proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
John E. Arriaga, President
JEA & Associates
1225 8Th Street, Suite 342
Sacramento, CA 95814
916-669-1340
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY ______________________________
Tamara Vides, Interim City Manager
ATTEST:
BY ______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
BY ______________________________
Samantha W. Zutler, City Attorney
CONSULTANT
JEA & Associates
BY_________________________________
John E. Arriaga, President
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant will provide the following services:
Monitoring legislative activity in the State of California that may affect the City and enhance the City’s opportunities to enhance economic growth and to protect current funding services.
Upon specific direction by the city, lobbying selected pieces of legislation or proposals for legislation.
Assist the City in advocating its position on issues before the Administration, the Legislature and relevant state agencies.
Work with our contracts in local government, i.e., the League of California Cities, the California State Association of Counties, the Association of California Water Agencies and other organizations that are viewed to be of some importance to the City’s policy priorities.
Take a lead on advocacy activities as directed or requested by the City, using our political and general experience to accomplish the goals established. Provided oral and written reports as directed by the City. Schedule, coordinate and attend meetings with legislative delegation and relevant stakeholders.
Represent the City’s policy interests before the Legislature and relevant agencies.
Assist the City in pursuing potential State funding opportunities, especially in the areas of Park Development, Homelessness and Violence Prevention. JEA & Associates will provide written or oral reports, as requested, or directed by the City.
Assist the City in reviewing and modifying the City’s Legislative Platform Among other advocacy and consulting services that follow the City’s Legislative Platform.
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:
Services provided will be on an as needed, on call basis.
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EXHIBIT "C"
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $252,000.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall include payment for reimbursable expenses:
Consultant should furnish to the City a statement of the work performed for compensation during the preceding month. This statement shall include actual travel costs pre-approved by the City as per it’s Travel and Business Expense Reimbursement Policy
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.
DocuSign Envelope ID: B32FF193-F2D8-45FB-B528-0620DBA5C9F3
7/18/2024 1:50:06 PM
C:\Program Files\eSCRIBE\TEMP\1350287528\1350287528,,,Report - Award Contract Middle Struve Slough Improvement Project.docx Agenda Report
MEETING DATE: Tuesday, July 9, 2024
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG
ENVIRONMENTAL SUSTAINABILITY MANAGER MCCLOUD
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR MIDDLE STRUVE SLOUGH IMPROVEMENT PROJECT, PROJECT NO. SD-24-11101
RECOMMENDED ACTION:
Recommendation that the City Council adopt a resolution awarding a construction contract for the Middle Struve Slough Habitat and Water Quality Improvement Project, No.SD-24-11101 to Conley General Engineering, Inc., for $285,800.
BACKGROUND:
The Middle Struve Slough Habitat and Water Quality Improvement Project is funded by the Ocean Protection Council through Proposition 1, the Water Quality, Supply and Infrastructure Improvement Act of 2014. The project will implement watershed restoration and habitat protection measures that will address habitat loss and environmental degradation within the Watsonville Slough System through the enhancement of an 1,800- foot linear wetland and riparian corridor and restoration and enhancement of just under 5 acres of wetland, grassland, woodland, and riparian habitat. Project activity will also provide many additional co-benefits, such as flood attenuation, increased resiliency to climate change and atmospheric greenhouse gas capture, improved access to nature, parks, and trails for Watsonville residents, and extensive environmental education and nature experiences for Watsonville residents.
The project consists of installing a temporary diversion and dewatering system before the start of ground-disturbing activities; excavating three seasonal wetland depressions to improve habitat functions; constructing an approximately 6,800 square foot catchment basin to provide opportunities for sediment capture from an existing storm drain that will discharge directly into the basin; constructing an approximately 30-foot-long rock-lined channel and 200-foot-long vegetated swale that will route discharge from an existing storm drain into a constructed wetland and provide water quality treatment opportunities; placement of excess excavated material at a spoils placement area located at the project site and; constructing a 10 ft. x 15 ft wooden overlook platform founded on concrete piers and associated grade beam.
7/18/2024 1:50:06 PM
C:\Program Files\eSCRIBE\TEMP\1350287528\1350287528,,,Report - Award Contract Middle Struve Slough Improvement Project.docx DISCUSSION:
On May 28, 2024, the City Council adopted Resolution No. 87-24 (CM), approving plans and specifications and calling for bids for the construction of the Middle Struve Slough Habitat and Water Quality Improvement Project.
The formal bidding was advertised and opened June 26, 2024, at 2:00 p.m. The City received six bids.
The City recommends awarding the contract to Conley General Engineering, Inc., in the amount of $285,800.
Contractor Location Bid
Bay Circle
Construction
Brentwood $408,332.50
Conley General
Engineering, Inc.
Santa Cruz $285,800.00
Monteith
Construction
Felton $384,994.00
Pipe and Plant
Solutions, Inc.
San Leandro $479,750.00
Top Tier Grading Prunedale $338, 338.00
Tyman Construction Marina $708,250.00
ENVIRONMENTAL REVIEW
This restoration project has been found to be categorically exempt under CEQA Guidelines Section 15333, Class 33, Small Habitat Restoration Projects for projects of less than five acres. Staff prepared and filed a Notice of Exemption that was filed with the County Clerk for the County of Santa Cruz and the Governor’s Office of Planning and Research on November 3, 2021 (SCH 2021110033). The City Council’s action here will merely implement the project, which has already been determined to be exempt from CEQA. Therefore, nothing further is required under CEQA. All other environmental permitting will be finalized prior to construction.
STRATEGIC PLAN:
This project supports the Strategic Plan Goal:
2-Infrastructure & Environment
FINANCIAL IMPACT:
The contract will be paid of the existing Ocean Protection Council grant account 0260- 338-7361-11101.
ALTERNATIVE ACTION:
No reasonable actions are feasible at this time.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Reso No. (CM)
Meeting Date: 070924 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING A CONTRACT TO CONLEY GENERAL
ENGINEERING, FOR THE MIDDLE STRUVE SLOUGH HABITAT AND
WATER QUALITY IMPROVEMENT PROJECT, NO. SD-24-11101, AN
OCEAN PROTECTION COUNCIL GRANT FUNDED PROJECT, IN THE
AMOUNT OF $285,800.00; AUTHORIZE THE CITY MANAGER TO
EXECUTE THE CONTRACT; AND FIND THE PROJECT EXEMPT FROM
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15333
WHEREAS, on May 28, 2024, the City Council adopted Resolution No. 87-24 (CM) approving plans and specifications and authorized calling for bids for the Middle Struve Slough Habitat and Water Quality Improvement Project, No. SD-24-11101; and WHEREAS, six bids were received for the Middle Struve Slough Habitat and Water Quality Improvement Project, No. SD-24-11101 at the old Council Chambers, City Hall, 250 Main Street, Watsonville, California, on Wednesday, June 26, 2024, at 2:00 P.M, the advertised bid opening time; and
WHEREAS, staff obtained six written quotes from contractors, the lowest of which is from Conley General Engineering, in the amount of $285,800.00; and WHEREAS, staff has recommended that the bid from Conley General Engineering, Inc., [Contractor License #838052], for the Middle Struve Slough Habitat and Water Quality Improvement Project, No. SD-24-11101, in the amount of $285,800.00, be accepted as the low responsible bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. The project is categorically exempt under CEQA Section 15333, Class 33, Small Habitat Restoration Projects. as it will not exceed five acres in size to assure the maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife
Reso No. (CM)
Meeting Date: 070924 2
and there would be no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to section15065; there are no hazardous materials at or around the project site that may be disturbed or removed; and the project will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
2. That the contract is hereby awarded to Conley General Engineering, Inc., a corporation, for the Middle Struve Slough Habitat and Water Quality Improvement Project, No. SD-24-11101, in the amount of $285,800.00 and be accepted, in the form on file in the Office of the City Clerk.
3. The City Manager is hereby authorized and directed to execute said construction contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney. ********************************
7/3/2024 2:27:18 PM
C:\Program Files\eSCRIBE\TEMP\14271552371\14271552371,,,Award Consultant Contract MKN Wastewater As Needed.docx Agenda Report
MEETING DATE: Tuesday, July 9, 2024
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG
ASST PUBLIC WORKS & UTILITIES DIRECTOR GREEN
SUBJECT: APPROVE CONSULTANT AGREEMENT WITH MICHAEL K.
NUNLEY & ASSOCIATES, INC. FOR ENGINEERING
SUPPORT SERVICES TO THE WASTEWATER DIVISION IN
AN AMOUNT NOT TO EXCEED $250,000
RECOMMENDED ACTION:
Adopt a resolution awarding a contract to Michael K. Nunley & Associates, Inc. (MKN) for engineering support services to the Wastewater Division in an amount not to exceed $250,000, and authorizing Interim City Manager to execute the same.
BACKGROUND:
The Public Works Wastewater Division needs engineering support services for various existing and upcoming projects.
DISCUSSION:
The City has been unable to fill the full-time Principal Engineer position allocated to support Wastewater Division projects. The division has several existing and upcoming projects that require engineering support.
MKN was selected from the City’s list of qualified on-call water and wastewater design consultants. The list of qualified consultants was selected from the On-Call Water and Wastewater Design Services Request for Qualifications issued by the City in July 2023. Statements of qualifications were due August 9, 2023.
MKN was selected from the on-call list to provide as-needed services based on their expertise in wastewater-specific engineering and their experience in providing engineering support services to the City.
Staff therefore recommends that a consultant agreement be executed with MKN in an amount not to exceed $250,000 for as-needed engineering support services for the Wastewater Division.
7/3/2024 2:27:18 PM
C:\Program Files\eSCRIBE\TEMP\14271552371\14271552371,,,Award Consultant Contract MKN Wastewater As Needed.docx STRATEGIC PLAN:
This agreement supports Strategic Plan goal:
2-Infrastructure & Environment
FINANCIAL IMPACT:
There is sufficient budget available in the fiscal year 24/25 budget number 0710-530-7361 – Other Contract Services for this contract.
ALTERNATIVE ACTION:
Council could elect not to award this contract, which would leave several on-going Wastewater Division projects without engineering support.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Reso No. (CM)
Meeting Date: 070924 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING PROFESSIONAL SERVICES CONTRACT
TO MICHAEL K. NUNLEY & ASSOCIATES, INC., A CORPORATION, FOR
ENGINEERING SUPPORT SERVICES, IN AN AMOUNT NOT TO EXCEED $250,000 FROM THE SEWER ENTERPRISE FUND, AND AUTHORIZING
AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE SAME
WHEREAS, § 3-5.500 of the Municipal code provides that an RFP or RFQ process is found to be an effective and efficient way to procure professional services and procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, § 3-5.540 of the Municipal Code provides that contracts for professional services estimated to cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars must be awarded by the Council, and that the selection will be based on demonstrated competence and on the education, training and experience and professional qualifications necessary for the satisfactory performance of the services required, that cost will not be the only basis for selection, use a qualifications-based selection process as described in subdivision (a) of § 45271 of the California Government Code and negotiated as described in § 4528; and WHEREAS, a Request for Qualifications (RFQ) was issued on July 10, 2023, asking for qualified consultants to assist the City with on-call water and wastewater design services; and
1 All references to section numbers will be to the California Government Code