Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit B, Budget Detail and Payment Provisions
Exhibit B: Budget Detail and Payment Provisions
1. Fiscal Administration and Payment
A. The Grantee is responsible for maintaining records that fully disclose its activities to implement the Project. Adequate documentation for each reimbursable transaction shall be maintained to permit the determination, through an audit if requested by the OPR, of the accuracy of the records and the eligibility of the expenditures charged to RRGP grant funds. If the eligibility of the expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed.
B. To receive payments of grant funds, Grantee must submit to OPR the documentation listed in Exhibit B, Section 2. Advance payments are not permitted under this Grant Agreement.
C. Upon receipt and approval of an itemized invoice and required documentation, OPR agrees to reimburse Grantee for actual costs incurred for work performed, in accordance with the rates specified in the Budget Detail Worksheet (Attachment 4).
D. OPR will withhold five percent (5%) of each invoice, to be paid once all terms of the Grant Agreement have been satisfied.
E. Payment shall be made within forty-five (45) days of receipt and approval of an invoice. Failure to comply with requirements may result in non-payment or delayed payment.
F. For cost principles, see Exhibit B, Section 5.
2. How to Submit Invoices
A. Grantee must submit the invoices to the online submission platform, once available. OPR will notify Grantee once the submission platform is available.
B. Until the submission platform is available, Grantee must email the Invoice (PDF) to [email protected] and copy the Grant Manager identified by OPR in Exhibit A, Section 5 on the email as well. The email must include the Grant Agreement number and Grantee’s name in the subject line. Grantee shall submit invoices at least quarterly but no more frequently than monthly to the Grant Manager unless specified otherwise. A request for payment shall consist of:
i. The Invoice (Attachment 5) on official letterhead and signed by the Authorized Signatory or authorized designee specified in this Agreement (Exhibit A, Section 3), certifying the expenditures are for actual expenses for the tasks performed under this Grant Agreement.
ii. Each cost category and task must correspond to a cost category and task identified in the Budget Detail Worksheet (Attachment 4). iii. Supporting documentation for reimbursement of funds for all itemized costs.
Records documenting time spent performing the work shall identify the individual, the date on which the work was performed, the specific grantrelated activities or objectives to which the individual’s time was devoted, the hourly rate, and the amount of time spent. Documentation may include but is not limited to: copies of purchase orders, receipts, subcontractor Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit B, Budget Detail and Payment Provisions
invoices, and timesheets. These items must contain sufficient information to establish that the specific service was rendered, or purchase was made. iv. Supporting documentation should be clearly labeled by task. v. The Progress Report as specified in Exhibit A, Section 8A. Grantees may use the Progress Report space included in the Invoice form (Attachment 5). The work documented in the progress report should refer to specific deliverables outlined in the Work Plan (Attachment 2) and the Budget Detail Worksheet (Attachment 4). The Progress Report should be supported by evidence of the specific deliverables completed. Deliverables can include tasks or subtasks outlined in the Work Plan.
C. Supporting documentation (e.g., timesheets, activity logs, cancelled checks) for matching funds does not need to be submitted to OPR but should be retained by Grantee in the event of an audit (Exhibit C, Section 5).
D. At any time, OPR may request hard copies of invoices, reports, supporting documentation, and evidence of progress.
3. Invoice Dispute
In the event of an invoice dispute, see Exhibit D, Section 5.
4. Budget Contingency Clause
A. If the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall have no further force nor effect. In this event, OPR shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement, and Grantee shall not be obligated to perform any provisions of this Grant Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, OPR shall have the option to either cancel this Grant Agreement or offer an amendment to reflect the reduced amount. In the event that OPR cancels the Grant Agreement, OPR shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement, and Grantee shall not be obligated to perform any provisions of this Grant Agreement.
5. Cost Principles
A. All costs to be reimbursed must be consistent with the Guidelines and the Project (Exhibit E).
B. All costs to be reimbursed must be reasonable, as defined below:
i. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining reasonableness of a given cost, consideration must be given to:
i. Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the entity or the proper and efficient performance of this Agreement.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit B, Budget Detail and Payment Provisions
ii. The restraints or requirements imposed by such factors as: sound business practices; arm's-length bargaining; federal, state, local, tribal, and other laws and regulations; and terms and conditions of this Agreement.
iii. Market prices for comparable goods or services for the geographic area.
iv. Whether the Grantee or Partner acted with prudence in the circumstances considering their responsibilities to their employees, the public at large, and the state.
v. Whether the cost significantly deviates from the acquiring entity’s established practices and policies regarding the incurrence of costs.
ii. OPR has the sole discretion to determine if a cost is reasonable. Any costs that do not meet the requirements above may not be reimbursed by the State. The Grantee may file a Dispute to contest OPR’s determination as set forth at Exhibit D, Section 5.
C. Indirect costs exceeding twenty percent (20%) of the total grant award are not eligible for reimbursement, as defined in the Guidelines.
D. OPR will reimburse Grantee only for actual expenses incurred during the term of this Grant Agreement, as specified in the Budget Detail Worksheet (Attachment 4).
6. Travel Reimbursement
Travel expenses directly related to the performance of this Grant Agreement will be subject to the State of California travel reimbursement rates in effect during the Grant Term.
A. OPR will only reimburse for actual expenditures incurred for in-state travel with the exception of “incidentals” as specified in the Guidelines.
B. Grantee shall maintain, and submit upon request, detailed travel records and supporting documents (e.g., travel request and approval forms, expense claims, invoices, and receipts for lodging and transportation) showing the date and purpose of the grant-related travel, destination, and, in the case of travel by automobile, the number of miles driven.
C. Grantee shall ensure travel costs are included in the Budget Detail Worksheet (Attachment 4) and are tied to tasks and deliverables in the Work Plan (Attachment 2).
D. Grantee and any person traveling pursuant to this Grant Agreement indemnifies and holds harmless OPR and the State of California for any liabilities resulting from such travel.
7. Work Plan and Budget Modifications
A. Grantee must keep the Work Plan (Attachment 2) and Budget Detail Worksheet (Attachment 4) up to date as specified in this Section and Exhibit B, Section 8.
B. Changes of up to twenty percent (20%) of the cost of tasks outlined in the Budget Detail Worksheet (Attachment 4) shall be made by providing a written request to OPR before submission of the affected invoice and shall be effective upon written approval from the Grant Manager. Total costs cannot exceed the Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit B, Budget Detail and Payment Provisions
maximum grant fund amount set forth in this Agreement. Once effective, the change shall be deemed incorporated into the Grant Agreement.
C. Moderate changes to deliverable due dates and minor changes to subtask descriptions in the Work Plan (Attachment 2) shall be made by providing a written request to OPR before submission of the affected invoice and shall be effective upon written approval from the Grant Manager. Once effective, the change shall be deemed incorporated into the Grant Agreement.
D. Material changes to the Work and Budget shall follow the amendment process, specified in Exhibit B Section 8. Material changes include:
i. Cost changes of more than twenty percent (20%) between tasks in the Budget Detail Worksheet
ii. Elimination or alteration of tasks or deliverables
iii. Significant changes to deliverable due dates
iv. Change in Partners, see Exhibit A, Section 1
v. Other changes deemed material by the Grant Manager
8. Amendments
A. This section applies to all amendments to this Grant Agreement, except for the following:
i. Changes to the Authorized Signatory Form (Attachment 1). For changes to the Authorized Signatory Form see Exhibit A, Section 3. ii. Changes to Party Representatives as set forth in Exhibit A, Section 4. iii. Non-Material changes to the Work Plan and Budget Detail Worksheet as set forth in Exhibit B, Section 7.
B. For all other amendments, Grantee must request and obtain prior written approval before any amendment to this Grant Agreement is valid.
C. Request for amendments must:
i. Be prepared, in writing, on official letterhead and signed by the Authorized Signatory or designee for Grantee.
ii. Be submitted to the Grant Manager at least two (2) months prior to when the amendment is needed.
iii. Include the Grant Agreement number, a detailed explanation of the proposed amendment, reason for the proposed amendment, and the effect of not approving the request.
iv. Include a copy of the document(s) requested for amendment that shows the requested changes.
D. The Grant Manager will make reasonable efforts to respond in writing within fifteen (15) working days from receipt of request to approve or deny the request for amendment, including the reason for the decision.
E. The Grant Manager will make reasonable efforts to process amendments within thirty (30) days of the approval date. The amendment will not be in effect until Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit B, Budget Detail and Payment Provisions
both Parties’ Authorized Signatories or designees have signed the Grant Agreement amendment.
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Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit C, General Terms and Conditions
Exhibit C, General Terms and Conditions
1. Approval
This Grant Agreement is of no force or effect until signed by both Parties. Grantee may not commence performance until such approval has been obtained.
2. Amendment
No change to this Grant Agreement shall be valid unless made in accordance with Exhibit B, Section 7. No oral understanding or change not incorporated in this Grant Agreement is binding on any of the Parties.
3. Assignment
This Grant Agreement is not assignable by Grantee, either in whole or in part, without the consent of OPR in the form of an amendment.
4. Records Retention
A. Grantee shall establish an official file containing adequate documentation of all actions taken with respect to the Project, including copies of the Grant Agreement, changes, amendments, letters, email correspondence, invoices, financial records, and reports and other documentation for a minimum of four (4) years following the final payment of funds or until completion of any action and resolution of all issues which may arise as a result of an audit, whichever is later. Grantee further agrees to require co-applicants (see Exhibit A, Section 6G for partnership agreement requirements) and subcontractors to provide copies of all documentation of actions taken related to the Project to the Grantee for retention in compliance with this section.
B. Grantee shall adequately protect all records, physical and electronic, from loss, damage, or destruction during the four (4) year retention period.
5. Audit and Accounting
A. Grant funded projects are subject to audit by the State of California during the grant term and for up to four (4) years following the termination of the Grant Agreement. Grantee agrees that OPR, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Grant Agreement. The audit may consist of examining and auditing pertinent books, documents, papers, and records including financial transactions and supporting documents, general accounting systems, internal controls, management practices, policies, and procedures pertaining to the performance of this Grant Agreement. Grantee shall be given advance notice when the grant-funded Project is selected for an audit or review by OPR, the Department of Finance, the Bureau of State Audits, or their designated representative(s). Grantee agrees to allow the auditor(s) access to such records during normal business hours, excluding State of California holidays, and to allow interviews of any employees who might reasonably have information related to such records.
B. Grantee further agrees to comply with Government Code section 8546.7 in its interactions with co-applicants and subgrantees and be aware of the penalties Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit C, General Terms and Conditions
for violations of fraud and for obstruction of investigation as set forth in Public Contract Code section 10115.10.
C. Partners and subcontractors of the Grantee who are paid with grant funds under the terms of this Grant Agreement shall be responsible for maintaining accounting records as specified above. Grantee shall include a term in all contracts to that effect.
6. Indemnification
Grantee agrees to indemnify, defend, and hold harmless the State of California, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all Grantees, partners, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by Grantee in the performance of this Grant Agreement.
7. Disputes
Grantee shall continue with the responsibilities under this Grant Agreement during any dispute.
8. Independent Grantee
Grantee, and the agents and employees of Grantee, in the performance of this Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of OPR.
9. Non-Discrimination Clause
During the performance of this Grant Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, color, ancestry, national origin, religion, creed, age (over 40), mental disability, physical disability, sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military and veteran status. Grantee and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §§12990, subds. (a)-(f) et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2§, § 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Grant Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Grant Agreement.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit C, General Terms and Conditions
10. Timeliness
Time is of the essence in this Grant Agreement. OPR and Grantee will work collaboratively to ensure this Grant Agreement and the Project are administered in a timely fashion.
11. Governing Law
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
12. Unenforceable Provision
If any provision of this Grant Agreement is unenforceable or held to be unenforceable, then the Parties agree that all other provisions of this Grant Agreement have force and effect and shall not be affected thereby.
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Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit D, Special Terms and Conditions
Exhibit D, Special Terms and Conditions
1. Compliance with Laws and Regulations
By signing this Grant Agreement, Grantee certifies that it shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits and shall secure any new permits required by authorities having jurisdiction over the Project(s),and maintain all presently required permits.
Grantee is responsible for complying with all applicable requirements, if any, of the California Environmental Quality Act (CEQA) (Pub. Resources Code, §§ 21000 et seq.) for the Project are met. OPR’s selection of a Project for a planning grant does not foreclose appropriate consideration of alternatives or mitigation measures that would reduce or eliminate adverse environmental effects of any project during the CEQA review process. Nor does it foreclose the possibility that the project may be denied due to its significant environmental effects, if any. No work that is subject to CEQA may proceed until clearance is given by all lead and responsible agencies.
2. Subcontractors and Partners
OPR’s contractual relationship is with Grantee, and not any of its Partners or subcontractors. Grantee is entitled to make use of its own staff, Partners, and subcontractors, as identified in the Budget Detail Worksheet (Attachment 4), and will comply with its own competitive bidding and sole sourcing requirements for subcontracts that arise out of or in connection with this Grant Agreement. Grantee shall manage, monitor, and accept responsibility for the performance of its own staff, Partners, and subcontractors, and will conduct Project activities and services consistent with professional standards for the industry and type of work being performed under this Grant Agreement.
Nothing contained in this Grant Agreement or otherwise shall create any contractual relationship between OPR and any Partners or subcontractors, and no subcontract shall relieve Grantee of its responsibilities and obligations hereunder.
Grantee agrees to be as fully responsible to OPR for the acts and omissions of Partners and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Grantee. Grantee's obligation to pay Partners and subcontractors is an independent obligation from OPR’s obligation to make payments to Grantee. As a result, OPR shall have no obligation to pay or to enforce the payment of any moneys to any Partner or subcontractor.
3. No Third-Party Beneficiaries
This Grant Agreement is not intended for the benefit of any person or entity other than the Parties, and no one other than the Parties themselves may enforce any of the rights or obligations created by this Grant Agreement.
4. Project Monitoring and Oversight
Project monitoring and oversight is essential to ensure the Project stays within scope and is completed on schedule and within budget in accordance with this Grant Agreement. It is the responsibility of the Grantee to monitor the Project to ensure that it is completed in accordance with this Grant Agreement.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit D, Special Terms and Conditions
5. Dispute Resolution
A. Invoice Disputes
i. In the event of an invoice dispute, the Grant Manager will notify Grantee by phone and follow up in writing using the Invoice Dispute Notification Template (Attachment 6) within ten (10) working days of receipt of the disputed invoice.
ii. During the dispute, both parties shall deal in good faith to resolve the dispute.
Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement.
iii. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written “Notice of Dispute” on official letterhead, according to Subsection C below.
B. General Disputes
i. In the event of a dispute unrelated to the dispute of an invoice, Grantee shall first attempt to resolve the dispute with the Grant Manager. ii. Both parties shall deal in good faith and attempt to resolve the dispute informally.
iii. Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement during a dispute.
iv. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written “Notice of Dispute” on official letterhead, according to Subsection C below.
C. Contesting a Dispute Decision
i. If Grantee contests a decision made by the Grant Manager, Grantee may submit a written “Notice of Dispute” on official letterhead. The “Notice of Dispute” shall include:
• The Grant Agreement number
• A complete description of the basis for the dispute
• Legal authority or pertinent facts, supporting arguments and documentation
• Action requested for resolution
The “Notice of Dispute” shall be sent to the following address, with copies sent via email to the OPR contacts in Exhibit A, Section 4:
Governor’s Office of Planning and Research
RRGP
Attn: RRGP Program Manager
1400 Tenth Street
Sacramento, CA 95814
ii. Within 30 days after receipt of the “Notice of Dispute,” the OPR RRGP Program Manager shall review the dispute and submit a written decision to Grantee, which shall include:
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit D, Special Terms and Conditions
• The decision made
• An explanation for the decision
iii. The written dispute decision of the OPR RRGP Program Manager is considered final and cannot be disputed further by the Grantee.
6. Termination
A. Completion of Project. This Grant Agreement shall terminate upon completion of the Project and payment of the last invoice.
B. Early Termination. Either Party may terminate this Grant Agreement upon thirty (30) days advance written notice by certified mail to the other Party. The notice shall specify the reason for early termination and may permit Grantee or OPR to rectify any deficiency(ies) prior to the early termination date. i. Conditions of early termination:
1. Upon any termination, Grantee must deliver all
invoices, reports, and other deliverables required by
this Grant Agreement up to the time of termination.
Grantee must deliver all materials within sixty (60)
calendar days of the termination date.
2. Upon receipt of notice from OPR of Termination for
Convenience, or upon sending the notice of early
termination to OPR, Grantee shall immediately take
action to ensure neither it nor any Partner or
Subcontractor incur any additional obligations, costs
or expenses, except as may be reasonably necessary
to terminate its activities.
3. OPR will examine the extent of Grantee compliance
for work partially completed and reasonably
determine costs eligible for reimbursement based on
final invoices submitted and compliance with this
Grant Agreement.
ii. The rights and remedies of OPR and Grantee provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant Agreement.
b.
7. Waiver of Rights
A. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from OPR, its officers, agents, or employees for any liability arising from, growing out of, or in any way connected with this Grant Agreement.
B. Grantee waives all claims and recourses against OPR, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Grant Agreement, except claims arising from the gross negligence of OPR, its officers, agents, and employees.
C. None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit D, Special Terms and Conditions
8. Insurance Requirements
A. A Grantee that is a governmental organization may provide evidence of sufficient self-insurance to satisfy the insurance requirements below.
B. If Grantee is not a governmental organization or is a governmental organization that is unable to provide evidence of sufficient self-insurance, then the following are the insurance requirements:
C. Grantee must ensure the following insurance policies are obtained and kept in force for the term of this Grant Agreement, with no lapses in coverage, that cover any acts or omissions of Grantee or its employees engaged in carrying out any tasks specified in this Grant Agreement:
i. Workers’ Compensation Insurance in an amount of not less than the statutory requirement of the State of California (Labor Code, § 3700 et seq.). ii. Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence for bodily injury and property damage combined. iii. Motor vehicle liability with limits not less than $1,000,000 per accident for bodily injury and property damage combined. Such insurance shall cover liability arising out of a motor vehicle including owned or hired, and nonowned motor vehicles.
D. Insurance policies must name the State of California, its officers, agents, employees, and servants as additional insured parties for the commercial general liability and automobile liability insurance, but only with respect to work performed under this Grant Agreement.
E. Grantee is responsible for guaranteeing that a copy of each Certificate of Insurance is submitted OPR within sixty (60) calendar days of the Grant Agreement signature. The grant number must be included on each submitted Certificate of Insurance.
F. Grantee must notify OPR prior to any insurance policy cancellation or substantial change of policy, including lapse of coverage, change in coverage amount, or change in carrier. Grantee shall submit proof of new or updated policy based on insurance requirements within thirty (30) days of policy cancellation or substantial policy change. Failure to provide proof of insurance may result in termination of this Grant Agreement.
9. Stop Work
If it is determined, at the sole discretion of OPR, that Grantee is not meeting the terms and conditions of this Grant Agreement, immediately upon receiving a written notice through certified mail from OPR to stop work, Grantee shall cease all work under this Grant Agreement. OPR has the sole discretion to determine that Grantee meets the terms and conditions of this Grant Agreement after a stop work order, and to send through certified mail a written notice to Grantee to resume work under this Grant Agreement.
10. Remedies of Nonperformance
Grantee’s failure to comply with any of the terms and conditions of this Agreement shall constitute a breach of this Agreement. OPR will give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit D, Special Terms and Conditions
In addition to the other remedies that may be available to OPR in law or equity for breach of this Agreement, OPR may at its discretion exercise the following remedies:
A. Undertake the dispute resolution process set forth at Exhibit D, Section 5; B. Issue a stop work order pursuant to Exhibit D, Section 9; C. Disqualify the Grantee from applying for future RRGP funds or other OPR administered grant programs;
D. Revoke existing RRGP grant funds to the Grantee;
E. Require the repayment of RRGP grant funds disbursed and expended under this Agreement;
F. Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the RRGP Guidelines and this Agreement;
G. Other remedies available by law, or by and through this Agreement. All remedies available to OPR are cumulative and not exclusive.
11. Publicity
Grantee agrees that it will acknowledge OPR in all publications, websites, signage, invitations, and other media-related and public-outreach products related to the RRGP. OPR staff will provide OPR logo files and guidance on their usage directly to Grantee. Grantee agrees to adhere to the Communications Kit provided by OPR (Exhibit H). If Grantee is planning an event or announcement, needs sample materials, or needs assistance or advice, Grantee shall contact the Grant Manager.
A. Long-Form Materials: Long-form written materials, such as reports, must include the following standard language about OPR, RRGP, and the Integrated Climate Adaptation and Resiliency Program (ICARP):
As communities in California experience more frequent, prolonged, and severe impacts from climate change, communities and governments at all scales are developing strategies and implementing actions to build a climate- resilient future. However, many jurisdictions, especially under-resourced communities in California, lack the capacity, tools, guidance, and resources to effectively prepare for climate impacts.
The RRGP addresses this capacity gap by providing funding to help fill planning needs, providing communities with the resources to identify climate resilience priorities, and supporting the development of climate resilience projects across the state. The RRGP enables communities to climate risk and adaptation considerations into planning activities and prepare for climate readiness and resilience in the long term.
• The RRGP is an initiative of the Integrated Climate Adaptation and Resiliency Program (ICARP) housed within the Governor’s Office of Planning and Research. ICARP advances statewide climate adaptation and resilience by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.
• Through direct and equity-focused investments and resources, ICARP helps build climate adapted and equitable communities in California, with a Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit D, Special Terms and Conditions
focus on solutions that both address the impacts of climate change and reduce greenhouse gas emissions. ICARP works to advance these priorities across all levels of government by developing actionable science and research; providing guidance, tools, and technical assistance; and administering climate resilience-focused grant programs.
Learn more: https://opr.ca.gov/climate/icarp/
A. Press Releases, Flyers, and Visual Materials: Any informational materials that do not qualify as long-form, but that include at least a paragraph of text, such as press releases, media advisories, short case studies, flyers, etc., must include either of the following messages:
Long version:
“[Project Name] is supported by the Regional Resilience Grant Program at the Governor’s Office of Planning and Research (OPR). The Regional Resilience Grant Program is an initiative of OPR’s Integrated Climate Adaptation and Resiliency Program (ICARP). ICARP advances climate adaptation and resilience in California by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.
Short version:
“[Project Name] is supported by the Regional Resilience Grant Program implemented by the Governor’s Office of Planning and Research.” Grantee may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging ICARP and OPR support is not practical, Grantee should instead include the official OPR logo, preceded by the words “Funded by.” B. Media Inquiries: Grantee must provide to OPR the name, phone number, and email address of Grantee’s point of contact for all press inquiries and communications needs related to the Project. Grantees must also distribute a press release after grant decisions are presented during ICARP Technical Advisory Council (TAC) Meetings, and may be requested to present before the TAC and release communications materials for other major milestones throughout the lifecycle of the grant. All press releases must be approved by the OPR Communications and External Affairs prior to distribution and OPR must be alerted to all press events related to the grant.
C. Communications Materials and Photos: Grantee shall share between 8-12 highresolution, color photos with OPR during the Grant Term. These photos should include pictures of people involved with the Project, the Project area, and/or activities conducted during the Grant Term. OPR reserves the right to use these photos across its communications platforms.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit D, Special Terms and Conditions
D. Social Media: Grantee is encouraged to use social media to share and inform the public of activities under this Grant Agreement. LinkedIn: @Governor’s Office of Planning and Research (OPR) @CalOPR and #ICARP #climateadaptation #climateresilience #RRGP should be tagged on all posts related to the RRGP grant. Use of the hashtags #CAresilience and #ICARP and related variations is also encouraged.
12. Drug-Free Workplace Certification
In signing this Grant Agreement, Grantee certifies that it will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
B. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations.
C. Every employee who works on this Grant Agreement will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on this Grant Agreement.
Failure to comply with these requirements may result in suspension of payments under this Grant Agreement or termination of this Grant Agreement or both, and Grantee may be ineligible for award of any future State of California agreements if OPR determines that any of the following has occurred: Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above (Gov. Code, § 8350 et seq.).
13. Americans with Disabilities Act
Grantee will comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).
14. Air/Water Pollution Violation Certification
Under State of California laws, Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the California Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit D, Special Terms and Conditions
15. Payee Data Record Form - STD 204
This form must be completed by all Grantees that are not another state agency or other governmental entity.
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Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit E, APGP Guidelines
Exhibit E, RRGP Guidelines (link)
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Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit F, Award Letter
Exhibit F, Award Letter
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit F, Award Letter
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit G, Grant Application
Exhibit G, Grant Application
Applicant Information
Proposed Project Name: Monterey Bay Adaptation and Resilience Implementation and Funding Roadmap
Lead Applicant: City of Watsonville, CA
Project Description & Goals
1. Project Description
The Monterey Bay Adaptation and Resilience Implementation and Funding Roadmap is proposed by the Monterey Bay Regional Climate Project Working Group (RCPWG) jurisdictions, in partnership with AMBAG, Ecology Action, trusted CBOs, and other environmental justice partners within the Monterey Bay region (“regional partners). The overarching vision is for equitable and transformative community resilience to climate change. The project goal is to coordinate climate adaptation implementation and funding to achieve the region’s priority adaptation goals and equitably build local capacity for resilience to climate impacts across the region.
Many jurisdictions in the region have completed studies, adopted policies and plans identifying climate adaptation hazards and mitigation measures. Yet implementation and funding for those measures remains piecemeal, unable to sustain the pace needed to build transformative climate resilience in the region. This project will create the short term roadmap and identify the long term funding needed to take proposed climate adaptation measures from planning to implementation. The project aligns with and project elements related to outreach and regional planning are explicitly specified in previous plans adopted by jurisdictions, included by attachment.
The project is fully aligned with California’s adaptation strategy and is critical to three of the state priorities. First, the project will “strengthen protections for climate vulnerable communities” by centering equity considerations for underserved communities. Second, it will “bolster public health and safety to protect against increasing climate risks” by creating implementation plans for strategies that improve the safety and resiliency of frontline communities to climate hazards of greatest concern.
Finally, the project will “partner and collaborate to leverage resources” between RCPWG members, the emerging climate justice consortium and existing climate adaptation networks.
The project serves the residents, businesses, and visitors to the Monterey Bay Region by substantially increasing the ability to fund and implement regional climate adaptation projects. The region is home to a number of communities that meet the definitions of disadvantaged, vulnerable, and underserved including 6 DAC census tracts in the cities of Salinas, Watsonville, Marina, and the unincorporated community of Pájaro, as well as 81 low-income communities. More than 370,000 inhabitants of the Monterey Bay region live in communities that meet one of the AB841 criteria defining underserved communities. While DACs make up just under 51% of the project applicants’ combined jurisdiction by census tracts or population, the project focuses on those census tracts that are identified by CalEnviroscreen as DACs.
The proposed project will directly benefit all DACs within the region. 100% of the City of Watsonville, the lead agency applicant, is a State recognized DAC. The proposed project will directly benefit DACs through prioritization of equitable climate adaptation measures and the creation of implementation plans that center equity. Going forward, the regional partners use the terms underserved and underrepresented rather than DACs, acknowledging DACs may be problematic and there is an initiative at Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit G, Grant Application
state level to move away from the term as articulated in the recent CA Department of Water Resources DAC Nomenclature Whitepaper.
This project will have 4 Short term outcomes:
• Project Implementation plans for climate adaptation projects, ready to use for grant proposals and Request for Proposals
• Engagement with elected officials from regional partners to ensure continued participation in RCPWG and giving authority to staff to obtain funding sources to enact the implementation plans.
• Roadmap for near term funding of priority climate adaptation projects • Increased trust, amplified voice of and funding to local environmental justice groups There are two major longer term outcomes:
• Identification of a sustainable funding sources for climate adaptation work in the region • Understanding of possible governance structures to enable long term equitable climate adaptation work in the region.
The workplan begins January, 2024, will continue through December 31, 2025 (24 months); see attached Gantt chart detailing the 5 task timeline and the workbook for interim and final deliverables. The cadence and duration of the proposed timeline and deliverables is based on the partners experience in gauging participants’ ability to keep pace and meaningfully engage with the project.
Community Partnership, Needs & Priorities
Community’s needs and priorities
The Monterey Bay region stands at the crossroads of vulnerability, where climate change-induced risks such as sea level rise, erosion, extreme weather, riverine flooding, and wildfires threaten its very foundation. The scars left by 2023 winter storms and devastating fires in 2020 are a reminder of the region's susceptibility. The impacts extend beyond immediate damage, disrupting the electric grid, endangering infrastructure, and disproportionately affecting marginalized communities.
These communities, bearing the brunt of these disasters, grapple with profound losses and the arduous process of recovery. This backdrop, coupled with comprehensive planning endeavors, has surfaced the need for resilience solutions that address the lived experiences of communities battered by recurring cycles of disasters. Vulnerability assessments and strategies are a start. But communities yearn for actionable projects, and frustration mounts as planning documents amass without implementation, due to financial or specificity gaps.
Uplifting the voices of these communities requires a shift. The focus must include adaptation and resilience projects that are profoundly resource-intensive—costing tens of millions to billions of dollars to initiate and deliver. Prioritization and scoping with intensive community engagement is needed in order to deliver projects identified in the region’s many plans and initiatives. This project is a response to these priorities, honing in on pathways and funding sources for tangible implementation. Drawing on past engagement processes, the project ensures authenticity by enlisting the Monterey Bay Area Climate Justice Collaborative (CJC) to validate prioritization during workshops. CJC members, Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit G, Grant Application
representing their respective communities, will provide essential feedback, firmly anchoring the project in lived experiences.
However, the vision extends beyond direct project implementation. Factors to be utilized in prioritizing the projects to fully scope implementation plans will include co-benefits derived, promoting equity, feasibility, degree of building adaptive capacity and organizational/community capacity, among others determined during the project.
Who identified the community’s needs and priorities and how In getting to this point and this project scope, the community's needs and priorities were illuminated through a multifaceted approach. Jurisdictional plan documents noted previously, serving as a foundational reference, unveiled common imperatives across the jurisdictions and partners. These shared needs span various climate hazards. The project's approach goes a step further, delving into the interactions between these hazards to understand their compound effects, leading to a holistic response rather than piecemeal solutions.
How the community’s needs and priorities informed the project design The project design marries the community's needs and aspirations. The insights gleaned from jurisdictional planning efforts and resulting documents were reinforced by equitable engagement efforts. A 2022 survey engaged 62 regional CBOs on climate-related interests, concerns and needs. The responses echoed a resounding call for funding for implementation, revealing the capacity for partnership. Survey participants expressed a strong interest in projects tied to community engagement, green economy, climate action planning, wildfire resilience, coastal adaptation, community-based organization capacity building and more. These responses laid the groundwork for the proposed project's focus.
The CJC, catalyzed by USDN-funded regional work, added another dimension. As a response to racial discrimination and oppression, this collaborative sprung into action. Although nascent, it is underpinned by the urgency to participate in ground-up equity community design and the allure of state and federal grants. It is within this context that the project germinated, riding the momentum of previous grants and harnessing the CJC's collective reach and community trust. 4The project’s community engagement and partnership plan The community engagement plan will be developed by the regional partners during the project set up.
In addition to the RCPWG member jurisdictions and Civicwell, who together comprise our project management team, the other key collaborators include the Association of Monterey Bay Area Governments, Ecology Action (as participant and community engagement partner on Resilient Central Coast adaptation measures), Regeneración of Pajaro Valley (as the anchor member of CJC, participant and coordinating across other CJC members) and 5 CJC members. In addition to traditional engagement with Monterey Bay residents through the Resilient Central Coast community activation campaign and its new focus on climate resilience measures, extensive engagement with those served by members of the emerging MBCJC is planned. A symbiotic relationship will thrive, engaging underrepresented communities through the CJC. This approach ensures authentic community engagement and extends the project's impact. Key milestone draft/final deliverables will be translated into spanish and interpretation services will be made available for CJC group meetings.
It is the intention that through this equitable process, we will share decision making power and, by integrating elected officials with CJC members and adopting resolutions, we will also drive a shift in how jurisdictions approach adaptation decision making on this and future projects. We will also produce governance documentation, exploring alternative governance options that institutionalize share decision making in the future both within and outside of any long term, sustainable financing structure.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit G, Grant Application
Through the complementary community activation platform enrollment, residents and businesses can follow the progress of this project while simultaneously building their individual household resilience.
We will amplify the reach of the project during a midway point and near the end by coordinating with the Central Coast Climate Collaborative to host activities and events to facilitate P2P learning between Central Coast grant-funded collaboratives, as well as with non grant-funded 4C members. This may include virtual events and sessions at in person convenings like the Central Coast Sustainability Summit. Four members of the regional partners will also participate in the 2025 California Adaptation Forum to share the process and outcomes of our projects.
Climate Risks and Multiple Benefits
The region’s greatest climate risks
As described in the California 4th Climate Change Assessment Central Coast regional report and the adaptation and resiliency plans produced by the Monterey Bay jurisdictions, the region with its varied terrain and microclimates, faces climate risks ranging from drought, extreme heat, increasing temperatures, sea level rise, flood and wildfire. These impacts have the potential to negatively impact life safety, livelihoods, critical regional infrastructure, local property, and vital coastal ecosystems.
The region is also susceptible to higher temperatures and prolonged heat waves. Extreme heat impacts agriculture, water resources, and public health. With greater heat and drier conditions, wildfires pose a growing concern, endangering both rural and urban areas. The vulnerable coastal geography, coupled with the importance of tourism, fisheries, and agriculture in these counties, magnifies the potential economic and environmental consequences of such events. While extreme heat is not incorporated into each local jurisdiction’s plans, recent evidence has raised local and national awareness of the fact that extreme heat is likely the deadliest and costliest climate risk. Evidence from research conducted by environmental justice partner and anchor CBO for the CJC, Regeneración of Pajaro Valley, suggests that outdoor workers and the $2B produce sector are at grave risk, making this a people issue but also a national economic security issue.
Whether the application addresses the region’s greatest climate risks One of the project’s objectives is to address multiple, interconnected regional climate risks in a systematic and coordinated approach. Each jurisdiction has planning information that synthesizes individual and multiple climate risks experienced in combination that must be assessed and prioritized.
The project will also maximize the resilience potential, by bringing environmental justice groups together for planning and decision-making, and to solidify the commitment to this work with local jurisdictions’ elected bodies. The embedded engagement and deep coordination of groups and decisionmakers is to ensure long-term financial sustainability and implementation. Part of this project is to prioritize and fund climate adaptation projects that address the region’s greatest climate risks equitably.
This factor is a weighted criterion in the prioritization exercise.
Methods the project will use to address the climate risks The project is designed to address the most serious climate risks identified from existing local and regional community engagement efforts. Nature-based infrastructure will be a major criterion for prioritizing adaptation projects for funding development and implementation, though use of naturebased infrastructure may not fit some climate hazards the region faces.
Developing the Monterey Bay Adaptation Implementation and Funding Roadmap requires a systemslevel thinking and problem-solving approach, considering the complexity of the project, its various stakeholders, and the overarching goal of building climate resilience across the region. The following Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit G, Grant Application
outlines the systems-level approaches deployed to address the challenges and opportunities to achieve the project's objectives:
1. Stakeholder Mapping and Engagement (complete):
2. Problem Framing and Definition (complete):
3. Systems Mapping and Analysis (part of proposed project):
• Creation of a visual map of interactions and relationships among elements of the project: policies, funding mechanisms, stakeholders, existing plans, and the proposed roadmap.
• Identify feedback loops, dependencies, and potential unintended consequences in the system.
• Analysis of changes in one part of the system affects other parts, and the overall outcome.
4. Holistic Strategy Development (part of proposed project):
• Develop a comprehensive strategy that considers both mitigation and adaptation measures to address climate impacts.
• Consider cross-jurisdictional collaboration to pool resources, knowledge, and expertise for more effective outcomes.
• Incorporate strategies to engage historically underserved and underrepresented groups, to include their needs and perspectives in the planning process.
5. Funding Model Exploration (part of proposed project):
• Explore funding models for sustained resources during implementation, such as publicprivate partnerships, grant programs, impact investing, carbon pricing, and communitybased fundraising. • Assess the strengths, weaknesses, risks, and long-term viability of each funding model. • Consider diversifying funding sources to reduce dependency on a single funding stream.
6. Adaptive Management and Iteration (ongoing):
• Create adjustments to the roadmap in recognition of periodic changes to the climate landscape and stakeholder dynamics.
• Establish mechanisms for regular evaluation, monitoring, and feedback from stakeholders to ensure the roadmap remains relevant and effective. • Adapt strategies and actions based on emerging information and lessons learned.
7. Communication and Advocacy (part of proposed project):
• Develop a communication strategy that emphasizes the importance of climate resilience, showcases successful case studies, and highlights the benefits of collaboration.
• Engage with decision-makers, policymakers, and the public to generate support for the proposed roadmap and its funding model.
8. Capacity Building and Education (part of proposed project):
• Provide training and resources to local governments, CBOs, and historically underrepresented groups to enhance their capacity for effective implementation of climate adaptation measures.
• Raise awareness about the potential impacts of climate change and the benefits of building resilience.
9. Measurement, Evaluation and Reporting (part of proposed project):
• Define key performance indicators (KPIs) to measure the progress and impact of the roadmap's implementation.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit G, Grant Application
• Develop a transparent reporting mechanism to share the results with stakeholders and the public.
10. Long-Term Vision and Collaboration (ongoing):
• Maintain a long-term perspective, understanding that climate resilience is an ongoing process that requires sustained effort and collaboration. • Foster a culture of collaboration, knowledge-sharing, and learning among jurisdictions and organizations in the Monterey Bay area.
Integration of these systems-level thinking principles will help create a roadmap that addresses the immediate challenges, establishes a foundation for enduring local resilience, facilitates co-benefits, and deepens collaboration within the Monterey Bay region.
The multiple benefits the project offers
The project offers a suite of co-benefits that amplify its influence and value. The project empowers marginalized voices, enhancing equity and community engagement, and furthers collaborative partnerships. The Resilient Central Coast platform raises public awareness and fosters proactive climate action. The CJC promotes skill development that augments community leadership. These local initiatives contribute to disaster preparedness, bolster economic growth, and inform policy advocacy. With the prioritization of local and regional resiliency projects, the Roadmap seeks to expedite the development of sustainable funding mechanisms that support priority project implementation. This collective approach cultivates a more resilient, equitable, and informed community, ready to confront climate challenges by clarifying the priority of resiliency projects, offering inclusive and coordinated divisionmaking, and dedicated resources to pursue funding opportunities.
Regional Partnership
The regional partnership structure
The regional partnership builds upon the structure of the Monterey Bay Regional Climate Project Working Group (RCPWG), of which the lead applicant City of Watsonville serves as the chair. The coapplicants are City of Santa Cruz (RCPWG vice chair), Civicwell, the Association of Monterey Bay Area Governments (AMBAG), Ecology Action, and Regeneración of Pajaro Valley, The mission of the RCPWG, formed by charter in 2022, is to collaborate among groups and organizations in the Monterey Bay region region, including Santa Cruz, San Benito, and Monterey Counties, to develop, prioritize, secure funding for, and effectively and equitably advocate for and implement regionally beneficial climate mitigation and adaptation projects and programs. The other RCPWG member agencies will act as participating partners in this project along with the co-applicants and staff from up to 5 environmental justice group CBOs. The regional partners represent a diverse group of local governments, tribal representatives, CBOs serving BIPOC, low-income and other marginalized groups, and consultants/project managers and governance experts who interface and engage with diverse partners to deliver transformative projects. The RCPWG evaluated and now operates on a consent model; the regional partners agree to apply that decision-making model to this project as well. The regional partners will also enter into a simple informal project charter to establish roles, decision-making models, and responsibilities for the duration of the project.
Civicwell is an experienced nonprofit think tank, local government and community leader capacity building and technical assistance provider specializing in project coordination, management, and Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit G, Grant Application
evaluation, with a focus on fostering collaboration among diverse partners to address complex challenges. They provide expertise in financial tracking, reporting, and outreach, facilitating effective implementation of initiatives across various sectors.
The Association of Monterey Bay Area Governments (AMBAG) is a regional agency that fosters collaboration among local governments in the Monterey Bay region of California. AMBAG works to address regional challenges, such as transportation, land use, and environmental issues, through coordinated planning, data analysis, and policy development.
Ecology Action of Santa Cruz is a nonprofit organization dedicated to promoting environmental sustainability and community resilience. With a focus on education, engagement, and practical solutions, they work to address climate change, sustainable transportation, energy efficiency, and other key environmental issues in the Santa Cruz region and beyond.
Regeneración of Pajaro Valley is a community-based organization committed to environmental justice and social equity. Centered in the Pajaro Valley region, they work to empower marginalized communities by addressing environmental and social challenges, advocating for sustainable practices, and fostering community resilience. Regeneración of Pajaro Valley acts as a convener and anchor organization of the Monterey Bay Area Climate Justice Collaborative (CJC).
The regional partners have unique strengths in their prior engagement and relationship building, planning and positioning for this grant and next step implementation work. They also possess considerable momentum, commitment and enthusiasm for this project. In terms of challenges, the regional partners are all capacity constrained, which this project will alleviate through the hire of specialized consultants to assist in different facets of the project. It will also enable scaling up of engagement with historically underserved and underrepresented groups in the region by funding their participation, and the coordination of CJC CBO anchor agency Regeneración of Pajaro Valley. Through the evaluation of future sustainable funding mechanisms (e.g., climate resiliency districts, revolving loans funds), the regional partners will strive to identify enduring investment in capacity to sustain this level of collaboration and transformation.
Partner responsibilities and long-term goals
The overarching vision is for equitable and transformative community resilience to climate change. The goal of the proposed project is to coordinate climate adaptation implementation and funding to achieve the region’s priority adaptation goals and equitably build local capacity for and resilience to climate impacts across the region. As demonstrated in prior investments of time and funding, the regional partners are committed to equity, adaptable self-governance and sustaining the partnership beyond the grant term. The final deliverables include adopted resolutions which commit the RCPWG agencies to three more years of collaboration and investment. Through the governance options document to be produced, the regional partners are committing to finding a governance structure that enables nimble response but also includes equitable, shared decision making. Civicwell will prepare project management documents including the budget tracking, timeline and deliverable tracking and will meet with the core regional partners biweekly to ensure sustained momentum and progress. The regional partners, led by Civicwell, will evaluate and measure progress toward achieving program objectives and milestones, assessing midterm and final project progress. CJC CBOs will participate with the other regional partners in feedback sessions/surveys at the conclusion of major deliverables/workshops.
With initial planning studies and community engagement completed, climate adaptation policies and plans in place, the RCPWG jurisdictions, in partnership with Civicwell, AMBAG, Ecology Action, Regeneracion and CJC, will build on existing engagement efforts, particularly with historically underDocusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit G, Grant Application
served and under-represented groups to achieve three objectives: (1) to prioritize mutual adaptation measures, evaluate the funding landscape for these priorities, and form detailed implementation plans to execute for priority projects; (2) evaluate and consider sustainable funding models to implement that ensure enduring resources to support adaptation capacity and implementation regionally; (3) adapt the governance structures and change management needed to accommodate shared decision-making processes; and (4) build upon the early successes of RCPWG to increase household and community awareness, preparedness and resiliency. Together, the RCPWG jurisdictions, in partnership with AMBAG, trusted CBOs, and other partners from the CJC, will deliver a complete Monterey Bay Adaptation Implementation and Funding Roadmap with the components specified in the accompanying workplan workbook.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
Exhibit H, RRGP Communications Kit
Welcome to the California Office of Planning & Research Awardee Community! Dear Regional Resilience Grant Program Grantee,
Congratulations on your successful award from the Regional Resilience Grant Program! Your dedication and hard work have paid off, and we are thrilled to be partnering with you on your important project.
At the Governor's Office of Planning and Research (OPR), we recognize the significance of your work in advancing climate resilience and adaptation. Your project holds great potential to deliver substantial environmental, health, and climate benefits to your community, and we are committed to supporting you every step of the way.
To assist you in effectively communicating and sharing the impact of your project, OPR's Communications and External Affairs team has prepared this Communications Toolkit. It serves as a comprehensive set of communications and branding guidelines specific to the Regional Resilience Grant Program, as well as a range of resources and best practices to enhance your outreach across various media channels.
We believe that your project deserves recognition not only within your community but also as a model for others facing similar challenges. The tools and guidance provided in this kit will help you effectively share your accomplishments, engage stakeholders, and build awareness about the importance of climate adaptation and resilience planning.
As you plan events, announcements, or any communication activities related to your grant, please refer to this toolkit and adhere to the guidelines provided. Should you require sample materials, event support, or expert advice, our Deputy Director of Communications and External Affairs, Emily Breslin, is available to assist you. You can reach Emily at [email protected].
We appreciate the inspiring work you are doing to implement innovative and effective climate adaptation strategies. Together, we can make a substantial difference in building resilient communities and securing a sustainable future for all. We value our partnership and look forward to supporting you every step of the way.
Best regards,
The Governor's Office of Planning and Research Team
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
We are promoting the final 16 grantees on all of our channels through a press release and social media and welcome you to do the same. Below is some suggested language, but please feel very free to modify any of it as you see fit:
[Organization Name] is pleased to announce that [Project Name] has been selected as a recipient of the Round 1 Regional Resilience Grant Program, provided by the Governor's Office of Planning and Research (OPR). This new grant program supports planning and implementation projects that strengthen climate change resilience at a regional scale. We’re thrilled to announce our project is one of sixteen awarded!
With the support of the Regional Resilience Grant Program, [Project Name] will be able to [briefly describe the project's goals and objectives]. This funding will enable us to [insert deliverables etc… implement innovative strategies, leverage partnerships, and incorporate cutting-edge climate science to enhance our resilience and adaptation measures].
Find more information about the Regional Resilience Grant Program and the Integrated Climate Adaptation and Resiliency Program ICARP here and read more about our other projects in today’s press announcement, here.
We look forward to working with the Governor's Office of Planning and Research (OPR) and want to congratulate all the recipients of the Regional Resilience Grant Program. Together, we will build a more resilient California for All.
LinkedIn: @Governor’s Office of Planning and Research (OPR) @CalOPR and #ICARP #climateadaptation #climateresilience #RRGP #CAresilience Publicity Requirements & Guidelines for RRGP Awardees
RRGP awardees should acknowledge OPR in all publications, websites, signage, invitations, and other media-related and public-outreach products related to the RRGP.
OPR staff will provide OPR logo files and guidance on their usage directly to Grantee.
When using OPR’s logo, use the color version only when the logo appears on a white background; on backgrounds of any other color, please use the white version of the logo.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
LONG-FORM MATERIALS
Long-form written materials, such as reports, must include the following standard language about OPR, RRGP, and the Integrated Climate Adaptation and Resiliency Program (ICARP):
As communities in California experience more frequent, prolonged, and severe impacts from climate change, communities and governments at all scales are developing strategies and implementing actions to build a climate- resilient future. However, many jurisdictions, especially under-resourced communities in California, lack the capacity, tools, guidance, and resources to effectively prepare for and build resilience to climate impacts.
The RRGP addresses this capacity gap by providing funding to help fill regional-scale planning and implementation needs, providing communities with the resources to identify climate resilience priorities, and implementing regional climate resilience projects across the state. The RRGP supports multi-jurisdictional partnerships to work together to address the most significant climate change risks in their region, especially in communities that are most vulnerable to climate change impacts.
The RRGP is an initiative of the Integrated Climate Adaptation and Resiliency Program (ICARP) housed within the Governor’s Office of Planning and Research. ICARP advances statewide climate adaptation and resilience by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.
Through direct and equity-focused investments and resources, ICARP helps build climate adapted and equitable communities in California, with a focus on solutions that both address the impacts of climate change and reduce greenhouse gas emissions.
ICARP works to advance these priorities across all levels of government by developing actionable science and research; providing guidance, tools, and technical assistance; and administering climate resilience-focused grant programs.
Learn more: https://opr.ca.gov/climate/icarp/
PRESS RELEASES, FLYERS, AND VISUAL MATERIALS
Any informational materials that do not qualify as long-form, but that include at least a paragraph of text, such as press releases, media advisories, short case studies, flyers, etc., must include either of the following messages:
Long version:
“[Project Name] is supported by the Regional Resilience Grant Program at the Governor’s Office of Planning and Research (OPR). The Regional Resilience Grant Program is an initiative of OPR’s Integrated Climate Adaptation and Resiliency Program (ICARP). ICARP advances climate adaptation and resilience in California by coordinating investments, partnerships and climate science to Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.
Short version:
“[Project Name] is supported by the Regional Resilience Grant Program implemented by the Governor’s Office of Planning and Research.”
Mostly visual:
Grantee may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging ICARP and OPR support is not practical, Grantee should instead include the official OPR logo, preceded by the words “Funded by.”
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
MEDIA INQUIRIES
Grantee must provide to OPR the name, phone number, and email address of Grantee’s point of contact for all press inquiries and communications needs related to the Project. Grantees must also distribute a press release after grant decisions are presented during ICARP Technical Advisory Council (TAC) Meetings, and may be requested to present before the TAC and release communications materials for other major milestones throughout the lifecycle of the grant. All press releases must be approved by the OPR Communications and External Affairs prior to distribution and OPR must be alerted to all press events related to the grant.
COMMUNICATIONS MATERIALS & PHOTOS
Grantee shall share between 8-12 high-resolution, color photos with OPR during the Grant Term. These photos should include pictures of people involved with the Project, the Project area, and/or activities conducted during the Grant Term. OPR reserves the right to use these photos across its communications platforms.
SOCIAL MEDIA
Grantee is encouraged to use social media to share and inform the public of activities under this Grant Agreement. LinkedIn: @Governor’s Office of Planning and Research (OPR) @CalOPR and #ICARP #climateadaptation #climateresilience #RRGP should be tagged on all posts related to the RRGP grant. Use of the hashtags #CAresilience and #ICARP and related variations is also encouraged.
Spread the Word
Here are a few effective ways to raise awareness around your important work. In every case, we recommend a clear, concise writing style that avoids technical terms and is easy for most readers to access. Be sure all of your communications comply with the Publicity Requirements and Guidelines on pages 2-10 of this kit.
Create a Website
One of the best ways to share the latest information about the progress of your RRGP project is to compile everything the public needs to know into well-organized website.
Your website should be simple and inviting, with sections explaining who you are, what the RRGP program is, and why the project is important. Keeping the website updated with your latest accomplishments and steps taken to achieve your goals will keep members of your community enthusiastic and engaged. You can choose from dozens of inexpensive website templates, such as Wix, Square Space, and WordPress.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
Press Releases & Media Advisories
If you’re interested in getting mentioned by your local news outlets (newspapers, webbased news, radio, television), you’ve got to alert reporters, editors, hosts, news desks, and producers in your local media market. Here are a couple ways to get their attention (in both cases, include a contact name, title, phone number, and email at the top):
Press release
This is a narrative piece that tells the reader a story. Your best bet is to write it in the style of a story you’d read in the newspaper. Start with the most important part so that the reader knows immediately what you want to tell them about. From there, add details to flesh out the story (the amount of the grant, the number of supporting community groups, total emissions reductions, etc.), along with quotes from people who are engaged with your project – for example, representatives from partner organizations, residents who engaged in project design, and OPR’s Executive Director. Some media outlets might publish your press release as is! Others will follow up with questions or to interview someone.
Media advisory
This is a short piece you send to reporters, editors, hosts, news desks, and producers when you want to invite them to attend and cover an event, such as a groundbreaking, ribbon-cutting, dedication, etc. Make sure you answer the most important questions (who/what/when/where/why/how) and emphasize what makes your story worthy of media attention—as well as what photo opportunities will be available at the event.
Social Media
Numerous social media platforms support digital storytelling and promotion. Use your existing platforms to talk about your RRGP project. We also encourage you to follow OPR on Twitter and LinkedIn so we can watch for and share your updates about your RRGP project. Please see our social media section of this kit for more details.
Blog Post
If you or any of your partners currently has an active blog, we encourage you to write a post highlighting the progress or impact of your RRGP project. For example, ask a project partner to write a guest blog or sit with you for a Q&A to highlight some of the specific benefits of their programs, who is receiving those benefits, and how the community has been involved. After you’ve posted your blog, you can share it on your social media platforms!
Newsletter
If you or any of your RRGP partners have a newsletter or listserv, please share your award announcement and other important milestones through that platform.
Encourage community leaders and/or elected officials who work with you frequently to announce RRGP milestones through their newsletters or listservs as well. Please contact us at OPR so we can share your important RRGP milestones through our newsletter as well!
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
Op-Ed or Letter to the Editor
Consider writing an op-ed or letter to the editor of your local newspaper to raise awareness of your new RRGP award and the benefits it will bring to your community. A good approach is to acknowledge the various stakeholders involved in the planning process, name the specific benefits this project will bring to members of your community, and emphasize the place-based, community-driven approach to this project using RRGP’s model. An op-ed is typically around 600 words (it depends on the outlet) and you submit it to the Op-Ed Editor; it is best to reach out to this editor with an outline for your piece and ask if they’re interested in running a developed piece from you. A letter-to-the-editor is short – usually under 200 words – and you just submit it directly to the letters section of the outlet.
Events
Events with community members, leaders, and elected officials can be a draw for the press, as well as for local residents, and are a great way to build excitement about your RRGP project.
Host Community Events
Organizing a fun kick-off meeting and other community events for stakeholders and the general public is a great way to raise awareness about your RRGP award and get more people involved in the planning process. These kinds of events can help make sure everyone is on the same page and united in your mission, as well as enthusiastic about the tangible benefits your project will create.
Remember
The OPR team is here to help! We love to work with awardees to brainstorm communication strategies. We can provide quotes from OPR leadership for your press releases and make leadership available for media interviews. We can coach you on how to pitch media, help you identify reporters, and help secure participation by State officials in your event. Contact OPR’s Deputy Director of External Affairs, Emily Breslin, for support: [email protected].
Social Media
Social media offers an array of powerful, free platforms that enable you to communicate about your RRGP project to potentially large audiences.
Follow us
The California Office of Planning & Research (@Cal_OPR) posts frequently on Twitter about the State’s efforts to improve our environment and communities. OPR is also active on LinkedIn. We encourage you and your RRGP partners to follow our accounts to stay up to date on the latest news on our policies and programs. If we tweet about the RRGP, or about anything else relevant or interesting to you, please ‘like’ and retweet us—sometimes it can even save you the trouble of crafting your own tweet.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
Tag us
We love seeing grantees’ progress from vision to reality. Please post updates and photos of project events or outcomes on social media, and make sure to tag us so that we can like, comment, and retweet to share your hard work with all of California.
Tag Your Partners
Remember to include co-applicants and other key stakeholders and champions in social media posts about your RRGP award. Tagging partners gives them the recognition they deserve while increasing the audience for your post.
Use Hashtags
Hashtags can be a very effective way to increase a post’s visibility and response rate. It is best to use a few relevant hashtags, like #climateadaptation #climateresilience #CAresilience and #OPR.
Take Pictures
A social post with a great image attached is bound to get more traction than one without an image. Throughout every stage of the RRGP process, be sure to encourage your team to bring their phones or even a nice camera and take a picture of their colleagues or work environment. Having a photobank of pictures can work wonders on your social media accounts, especially because you’ll have the freedom to choose the highest quality or most interesting photos. Please see the Photo Tips section of this kit for more information.
Shorten the Message
Given the character limit for tweets, you will need to pick and choose what information to include. Incorporate hashtags and tagging partners into your sentences, (see the sample posts below). Use commonly known abbreviations and conjunctions.
Amplify the Voices of Community Members
Reach out to partners and community members for their videos, quotes, and pictures that share how your RRGP project will affect their lives. These stories can increase your social media audience’s enthusiasm for your project. Retweeting posts that residents and stakeholders create is another way to demonstrate RRGP’s impact.
Post Often
Interact with your audience as much as possible on all platforms. It is ideal to post between a few times a week and once or twice a day on social media. Brainstorm with your staff to come up with creative ways to keep the public informed and interested in your work. Then create a schedule and remain consistent.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
More Social Media Tips
Encourage audience engagement by posting questions.
• Use URL shortening tools from sites like bitly.com and tinyurl.com. • Don’t be afraid to use emojis.
• Encourage your colleagues and RRGP partners to participate in social media conversations.
• Be visual! Use infographics instead of text when possible. • Observe copyright laws.
Sample Posts
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
Photo Tips
Consider pointers in this section when using photography to tell your project’s story.
Quality
Use the highest quality camera you can access. Good news: many modern smartphones are usually sufficient, as long as your subject is in focus, well-lit, and the phone is turned sideways (landscape orientation—use this orientation for videos, too!).
Photos on social media don’t have to be as high quality as photos on your website or newsletter.
Everyone’s a Photographer
Encourage your staff and partners to take photos whenever they have the chance, and to send them all to your organization’s communications team. Designating someone who owns a nice camera to take photographs during events is always a good practice.
Don’t Have a Great Photo?
Services like Flickr, Pixabay, and Upsplash offer countless high-quality photos that you can download and use for free.
Content
When possible, photos should be bright and colorful, without being too ‘noisy,’ blurry, or filtered. Candid photos of people working or interacting tend to be more unique and eye-catching than people smiling at the camera. Highlight interesting aspects of your project so your photo stands out.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Exhibit H, APGP Communications Kit
Remember
The picture is what draws people in to read the caption and learn about your work.
Don’t underestimate its importance!
STAY IN TOUCH!
Feel free to contact OPR’s Deputy Director of External Affairs, Emily Breslin, if you have questions or need support on any of your communications efforts at [email protected].
OPR’S NEWSLETTER AND RRGP LISTSERV
OPR Newsletter Sign Up: https://opr.ca.gov/e-lists.html RRGP Listserv: https://lp.constantcontactpages.com/su/36xr3ct/RRGP Follow us on social media and check our website regularly for new announcements and updates!
TWITTER
twitter.com/Cal_OPR
LINKEDIN
linkedin.com/company/governor-s-office-of-planning-and-research/
WEBSITE
opr.ca.gov
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 1: Authorized Signatory Form
Attachment 1: Authorized Signatory Form
I hereby verify that I am an authorized Grantee representative and signatory and, as such, can sign and/or delegate authorization to sign and bind Grantee as it relates to the above-referenced Grant Agreement and grant related documents.
Grantee Authorized Signatory:
Name: Title:
(Type or Print Name)
Signature: Date:
Delegated Authorized Signatories:
1. Name: Tamara Vides Title: Interim City Manager
Signature: Date: 4/29/24
Document(s) Authorized to sign:
All Grant Related Documents or Grant Agreement
Grant Amendments Budget Amendments Reports
Invoices Other ______
2. Name: Title:
(Type or Print Name)
Signature: Date:
Document(s) Authorized to sign:
All Grant Related Documents or Grant Agreement
Grant Amendments Budget Amendments Reports
Invoices Other ______
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Tamara Vides City Manager Pro Tempore
7/26/2024
Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 2: Work Plan
Attachment 2: Work Plan
Task Task Title Subtask Subtask Name Description
(Include details of the
activities or deliverables)
Deliverables /
Milestones
(Major outcomes and/or
metrics used to
demonstrate success)
Timeline
(No later than June 30, 2026)
Partners Involved
(This could be the lead
applicant, co-applicant(s), or
unfunded partner(s). If the
partners are not identified
include future plans to
engage)
RRGP Eligible Activities
Addressed
(See Instructions)
1 Project Management and
Coordination
Subtask A Day to day communication,
coordination, scheduling, budget
oversight and invoicing
Quarterly reports, Gantt Chart,
Check-ins with RRGP Staff,
Meeting Notes
100% on time reporting July 2024-December 31, 2025 Ecology Action, City of Watsonville
RRGP Eligible Planning Activities
Subtask B Contracting and establishing work
flows
Contracts with Ecology Action,
Regeneracion of Pajaro Valley,
and sub-consultant Farallon
Strategies
Project organizational
chart; executed
contracts
July 2024 -Aug. 15, 2024 Ecology Action, City of
Watsonville
RRGP Eligible Planning Activities
Subtask C Prepare and manage RFP process
for consultant services
Prepare and conduct
competitive RFP and selection
process for consultant services,
including RFP doc, evaluation
process/forms, advertisement,
communication with potential
consultants, contracting with
selected consultant
Successfully complete
RFP process and bring
consultant under
contract
July 2024- October 30, 2025 Ecology Action, regional
partners, and other members
of the MBRCPWG and the MB
Climate Justice Collaborative
RRGP Eligible Planning Activities
Subtask D Maintain website or other hub for
public information (e.g., ESRI
storymap)
Prepare and format content for
public information
Website / webpage for
project (bilingual
English/Spanish)
July 2024-December 31, 2025 Ecology Action, regional
partners, and other members
of the MBRCPWG and the MB
Climate Justice Collaborative
RRGP Eligible Planning Activities
Subtask E Establish capacity at Central Coast
Climate Collaborative to host
broader convenings to share out
progress and process; participate in
ICARP RRGP quarterly virtual peerto-peer learning sessions.
Coordinate to get feedback and
share process at various key
milestones in the project
process
Participation in 2 4C
convenings; slide decks
Oct. 1, 2024-December 31, 2025 Ecology Action, regional partners, and other members
of the MBRCPWG and the MB
Climate Justice Collaborative
Peer-to-Peer Learning
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 2: Work Plan
Subtask F Project evaluation Formal and informal
evaluations of progress and
process and key milestones.
Monthly regional partner
check-in meetings and file
sharing platform to coordinate
timing and logistics, monitor
progress and problem solve
Midterm progress report
including case study;
final progress report
Nov. 1, 2024-December 31, 2025 Ecology Action, regional partners, and other members
of the MBRCPWG and the MB
Climate Justice Collaborative
Evaluation Activities
2 Data Collection Subtask A Convening Workshop 1: Data Needs and Gaps
Convene jurisdiction and
Monterey Bay Climate Justice
Collaborative (MBCJC)
representatives to identify data
needs
Workshop Agenda and
Action Items
July 2024 - Ecology Action, consultant and
other members of the
MBRCPWG and the MB
Climate Justice Collaborative
RRGP Eligible Planning Activities
Subtask B Regional Adaptation
Implementation Activity Inventory
Compile all adaptation activities
from jurisdictions and special
agency/districts adaptation
planning
Adaptation
Implementation Activity
Inventory (spreadsheet)
July 2024-August 2024 Consultant RRGP Eligible Planning Activities Subtask C Regional Adaptation
Implementation Activity
Prioritization Exercise (virtual)
Design and facilitate exercise
with RCPWG and MBCJC
representatives
Prioritization process
and outcome summary
July 2024 -October 1, 2024 Ecology Action and Consultant RRGP Eligible Planning Activities 3 Engagement Subtask A Confirm prioritization with
jurisdictional leadership
Prepare agenda staff report,
resolution to accompany
recommendations roadmap at
elected body meetings
Elected bodies'
acceptance of report and
recommendations
1/31/25 Ecology Action, consultant,
regional partners other
members of the MBRCPWG
and the MB Climate Justice
Collaborative
RRGP Eligible Planning Activities
Subtask B Conduct engagement with broader
EJ groups to confirm prioritization,
accessibility of Resilient Central
Coast Platform and next steps
5 compensated members of
MB Climate Justice
Collaboratives and staff from
anchor CBO Regeneración will
present will present to EJ
groups at board and other
standing meetings to confirm
prioritization of near term
projects.
List of EJ engagements
including group, date
and participation level
Oct.1-Dec.10, 2024 Regeneración, MB Climate
Justice Collaborative
organizations, other EJ groups
RRGP Eligible Planning Activities
Subtask C Refine the Resilient Central Coast
Platform and conduct community
outreach to promote
Represent project and
associated household resilience
measures in the RCC platform
and conduct community
engagement to increase uptake
of information
Revised web platform
(bilingual
English/Spanish) /
Increase Monterey Bay
household participation
to 2,000 households
Oct.1,2024-Nov.30, 2025 Ecology Action with input
from other MBRCPWG and
MB Climate Justice
Collabortive Members
RRGP Eligible Planning Activities
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 2: Work Plan
Subtask D Review of the outline, draft and
final roadmap by MB Climate
Justice Collaborative Members and
MBRCPWG staff and attorneys
Provide written feedback on
the core deliverables
Outline, Funding
Appendix ,Draft
Roadmap Redline, Final
Plan
Dec. 1, 2024 Outline, May 1, 2025
Funding Appendix, Aug. 1, 2025
Draft Plan, Oct. 31, 2025 Final
Plan, (all bilingual
English/Spanish)
Ecology Action, consultant,
regional partners and other
members of the MBRCPWG
and the MB Climate Justice
Collaborative
RRGP Eligible Planning Activities
Subtask E Dissemination beyond the
Monterey Bay region
Dissemination beyond the
Monterey Bay Region, e.g., at
CAF 2025, Alliance of Regional
Climate Collaboratives for
Adaptation meetings and
learning sessions
Agenda and session slide
deck from convening
with community of
practice (deck in spanish
and english)
8/31/25
Ecology Action, consultant and
other members of the
MBRCPWG and the MB
Climate Justice Collaborative
Peer-to-Peer Learning
4 Draft Implementation +
Funding Roadmap
Subtask A Draft outline of Roadmap contents
for jurisdictional/EJ
review/comment
Consultant will draft a
Roadmap outline
Draft Roadmap outline
(bilingual
English/Spanish)
Nov. 1, 2024 Ecology Action, consultant and
other members of the
MBRCPWG and the MB
Climate Justice Collaborative
RRGP Eligible Planning Activities
Subtask B Develop fully scoped project
implementation plans for near term
implementation with clear funding
pathways and enabling conditions
required for success
Consultant will draft 3-5
implementation plans defining
all activities in the shorter term
to carry out project from design
to monitoring and funding
3-5 Detailed
Implementation Project
Plans (bilingual
English/Spanish)
3/1/25 Consultant with review and
support from the regional
partners and other members
of the MBRCPWG and the MB
Climate Justice Collaborative
RRGP Eligible Planning Activities
Subtask C Evaluate feasiblity of longer term,
sustainable funding sources for
adaptation, e.g., climate resilience
districts, revolving loan fund and
other
Consultant, Farallon prepare
evaluation appendix for review
Longer term, sustainable
funding Roadmap
appendix (bilingual
English/Spanish)
4/15/25 Ecology Action, consultant,
Farallon and other members
of the MBRCPWG and the MB
Climate Justice Collaborative
RRGP Eligible Planning Activities
Subtask D Workshop 2: Funding Strategies
and Models
Ecology Action, Consultant and
Farallon prepare and facilitate
workshop to review possible
longer term, sustainable
funding sources and
governance changes to existing
Montery Bay Regional Climate
Working Group charter model
under different longer term
funding regime
Workshop agenda and
minutes
5/1/25 Farallon, Consultant and
Ecology Action
RRGP Eligible Planning Activities
Subtask E Draft Implementation and Funding
Roadmap for jurisidiction/EJ
review/attorney
Consultant prepares roadmap
for review
Draft Plan (bilingual
English/Spanish),
comments and revisions
7/1/25 Farallon, Consultant and
Ecology Action
RRGP Eligible Planning Activities
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 2: Work Plan
5 Finalize Adaptation
Implementation and
Funding Roadmap
Subtask A Workshop 3: Review of Full Draft
Roadmap
Ecology Action and Consultant
prepare and facilitate agenda
to review draft Roadmap
comments and resolve
concerns that may have from
jurisdictions and EJ groups
Workshop agenda,
minutes
8/15/25 Ecology Action, consultant,
Farallon and other members
of the MBRCPWG and the MB
Climate Justice Collaborative
RRGP Eligible Planning Activities
Subtask B Final Roadmap Document Consultant Produces
adaptation implementation and
funding Roadmap for
final/attorney review and
revisions
Final plan for review 10/1/25 Consultant and Ecology Action RRGP Eligible Planning Activities Subtask C Elected Official Background and
Resolution Packet
Ecology Action and Consultant
will prepare slide deck, model
resolution, and staff report
templates for jurisdictional staff
to present to their elected
bodies with EJ groups
Final Plan (in English and
Spanish), Template
resolutions, presentation
and agenda report
12/31/25 Consultant and Ecology Action RRGP Eligible Planning Activities Subtask D Deliver Roadmap to Elected Bodies Deliver Roadmap at Central Coast Climate Collaborative
meeting, AMBAG Board
meeting, and others identified
by the regional partners,
members of the MBRCPWG and
the MB Climate Justice
Collaborative (such as Central
Coast Community Energy,
Transportation Agency for
Monterey County, etc.)
Slide deck for elected
body meetings; adopted
resolutions
12/31/25 Ecology Action, consultant,
Farallon, and other members
of the MBRCPWG and the MB
Climate Justice Collaborative
as well as elected bodies
RRGP Eligible Planning Activities
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 3: Final Report
Attachment 3: Final Report
Regional Resilience Grant Program
Final Report: FY 22-23
Grantee:
Grant Number: SPPD23115
Project Name:
Project Summary
1. Provide a brief summary of the challenges facing the Planning Area and the work completed under this grant.
Barriers and Accomplishments
2. Describe and explain any differences between the planned results, as listed in the Work Plan, and the actual results. Describe any barriers that impeded the progress of the grant, any corrective actions taken, and the outcomes. Discuss how these lessons learned can be useful for other communities.
3. Describe any notable outcomes, findings, or conclusions. Report on successful strategies used to achieve results and how these lessons learned can be useful to other communities.
4. Include a list of other sources of funding that were secured, directly or indirectly, through this Project.
Future Implementation
5. Describe how plans or processes developed under this grant will be implemented over the next three to five years. Explain:
a. How they will further your organization’s sustainability goals and strategies. b. How they will advance the State’s planning priorities and RRGP objectives. c. How the work completed under this grant will assist in applying for future funding that aligns with the RRGP’s objectives.
Feedback
6. Based on your experiences with this grant program, please provide feedback about how the OPR can improve future grant programs.
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 3: Final Report
Attachments
7. Attach any relevant documents to this report, including final deliverables. If the documents cannot be sent electronically, notify the Grant Manager.
Case Study
8. Grantee(s) will produce a project case study documenting key project information, data, lessons learned, and effective practices gathered through this project. To facilitate knowledge exchange and advance community planning and capacity, at the end of the Grant Term applicants are responsible for submitting a narrative case study to OPR to reflect on and share project outcomes and lessons learned, how the project responds to climate change impacts, and any resources that helped along the way. Case studies will be reviewed and curated for possible inclusion in the Adaptation Clearinghouse to help support a community of practice across the state. (See Appendix E: Work Plan for more information). Grantees will receive technical assistance for support in developing case studies. (See Program Technical Assistance for more info) Instructions:
a. Write the case study in a narrative form using the below section headers, format and font for organization.
b. The case study should be between 800-1000 words in total length. c. Provide responses for each header section – please don’t combine or modify these. However, don’t feel obliged to provide answers to all sub-bullets under each section header - only provide information for those that apply. d. Provide 1-3 graphics (photos, tables and charts, figures, etc. are welcome).
Provide links as needed. Send these as separate jpg or png image files (high resolution preferred).
e. To see examples of published Case Studies, visit: https://resilientca.org/casestudies/.
CERTIFICATION: I certify that this Final Report is accurate and that this project complies with the Agreement. I further certify that any expenditure discussed in this report is allowed under the Agreement and that all funds were expended for the purposes of this Project.
Name: Title:
(Type or Print Name)
Signature: Date:
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 4: Budget Detail Worksheet
Attachment 4, Budget Detail Worksheet
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 5: Invoice
Attachment 5, Invoice
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 5: Invoice
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 5: Invoice
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 5: Invoice
Docusign Envelope ID: 1F415D4B-166F-4786-8B8D-C6A1AC30A9EA Attachment 1
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: SPPD23115, City of Watsonville
Attachment 6: Invoice Dispute Notification
Attachment 6, Invoice Dispute Notification
INVOICE DISPUTE NOTIFICATION
INVOICE DATE
INVOICE
NUMBER
GRANTEE
ADDRESS
INVOICE
AMOUNT
$
DATE INVOICE RECEIVED
GRANT AGREEMENT NUMBER
The invoice referenced above is disputed for the following reasons:
Request reimbursement for expenses not in the
Budget Detail
Invoiced for indirect cost reimbursement
above 10% cap
Invoiced for incidental costs or travel costs outside
of CA
Work performed prior to the Grant start or end
date
Insufficient evidence of progress made or task
completion
Invoice submitted without using required
templates
Insufficient supporting document for
reimbursement
Progress Report or Final Report not included
with invoice
Request reimbursement through another funding
source Other not listed above:
Comments:
THIS NOTIFICATION IS A FOLLOW UP TO A PHONE CONVERSATION WITH THE GRANTEE OR DESIGNEE WHOSE NAME APPEARS BELOW.
NAME DATE OF
CONVERSATION
IF YOU HAVE ANY QUESTIONS REGARDING THIS DISPUTE, CONTACT:
NAME
TELEPHONE NUMBER (include Area Code)
STATE OF CALIFORNIA USE ONLY
RETURN A COPY OF THIS NOTIFICATION WITH THE
CORRECTED INVOICE TO:
DATE DISPUTE RESOLVED INITIALS
RESOLUTION
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Reso No. (CM)
Meeting Date: 121024 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING PROFESSIONAL SERVICES CONTRACT
TO ECOLOGY ACTION OF SANTA CRUZ FOR THE REGIONAL
RESILIENCE GRANT PROGRAM FOR THE ADMINISTRATION AND
IMPLEMENTATION OF THE MONTEREY BAY ADAPTATION AND
RESILIENCE IMPLEMENTATION AND FUNDING ROADMAP, IN AN
AMOUNT NOT TO EXCEED $430,735, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the City as the lead applicant, partnered with Counties of Santa Cruz, Monterey, San Benito, and City of Santa Cruz as the Monterey Bay Regional Climate Project Working Group (RCPWG) and Association of Monterey Bay Area Governments, Ecology Action of Santa Cruz, and Regeneración of Pajaro Valley to submit a grant application to the Office of Planning and Research Regional Resilience Grant Program (RRGP) for the Monterey Bay Adaptation and Resilience Implementation and Funding Roadmap; and
WHEREAS the Office of Planning and Research entered into a grant agreement with the City on July 26, 2024, explicitly allocating tasks to Ecology Action of Santa Cruz as part of the agreement’s work plan.
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 Ecology Action of Santa Cruz for the Regional Resilience Grant Program for the Administration and Implementation of the Monterey Bay Adaptation and Resilience Implementation and Funding Roadmap 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
Reso No. (CM)
Meeting Date: 121024
2 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 contract to Ecology Action of Santa Cruz, for the Regional Resilience Grant Program for the Administration and Implementation of the Monterey Bay Adaptation and Resilience Implementation and Funding Roadmap, in an amount not to exceed $430,735.
3. That the Contract for Consultant Services between the City of Watsonville and Ecology Action of Santa Cruz, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
4. Consultant shall file FPPC form 700s and 805s pursuant to section 19 of the Contract.
5. That the City Manager is hereby authorized and directed to execute said Contract for and on behalf of the City of Watsonville, in the form attached hereto with minor revisions that may be approved by the City Manager and the City Attorney.
6. These funds are allocated from the Special Grants Fund [0260] in account 0260-338-7361-11108 to which the $649,335 was appropriated. **************************************
CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND ECOLOGY ACTION OF SANTA CRUZ THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called “City,” and Ecology Action of Santa Cruz County, 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 October 1, 2024 to November 1, 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.
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.
Consultant shall defend, indemnify and hold harmless City, its officers and employees, Docusign Envelope ID: 1A7F670F-CEAB-4574-BDC8-B2C2D33868EC
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 insurance has been procured and is in force and paid for, City shall Docusign Envelope ID: 1A7F670F-CEAB-4574-BDC8-B2C2D33868EC
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
Ecology Action of Santa Cruz
877 Cedar Street, Suite 240
Santa Cruz, CA 95060
(831) 426 - 5925
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, City Manager
ATTEST:
BY
______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
BY
______________________________
Samantha W. Zutler, City Attorney
CONSULTANT
BY_________________________________
Jim Murphy, Executive Director
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EXHIBIT “A”
SCOPE OF SERVICES
Scope of Services is included in the attached letter of proposal to sustainability team from Kirsten Liske with Ecology Action of Santa Cruz, for services to the ICARP planning grant.
• Attachment Labeled – Exhibit “A” Scope of Services
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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: October 1, 2024 to November 1, 2026 Docusign Envelope ID: 1A7F670F-CEAB-4574-BDC8-B2C2D33868EC
EXHIBIT “C”
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed ____$430,735_______________________.
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. • Attachment Labeled: Attachment “C” Compensation
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Jackie McCloud, Environmental Sustainability Manager 16 September 2024 City of Watsonville
500 Clearwater Lane
Watsonville, CA 95076
Subject: Ecology Action Subawardee Scope and Budget Summary for Service to the ICARP Planning Grant Dear Jackie,
Ecology Action is pleased to again partner with the City of Watsonville to implement important grant funded projects that benefit the City and Region. Included herein is a detailed scope of work, and attached a summary budget, for services as a subawardee to support the Monterey Bay Adaptation and Resilience Implementation and Funding Roadmap (Roadmap) project funded by the Integrated Climate Adaptation and Resilience Program (ICARP) Regional Resilience Grant Program (RRGP). Ecology Action assumes the scope of work will be conducted between September 2024 to December 2025, unless otherwise directed by the City.
Scope of Work
Ecology Action is looking forward to continuing our collaboration with the City of Watsonville, the City of Santa Cruz, the RCPWG, Monterey Bay Climate Justice Collaborative, Regeneración of Pajaro Valley, AMBAG, our subconsultants Farallon Strategies and the to-be- selected plan development “Consultant”. Collectively, these entities are referred to as the “Project Partners” in this scope of work. As outlined in the RRGP Application Narrative, Ecology Action will support Tasks 1, 2, 3, 4, and 5. ● RRGP Task 1: Project Management and Coordination
● RRGP Task 2: Data Collection
● RRGP Task 3: Engagement
● RRGP Task 4: Draft Implementation and Funding Roadmap ● RRGP Task 5: Finalize Adaptation Implementation and Funding Roadmap The scope of Ecology Action and our subconsultants support for these tasks and related deliverables is provided below.
Task 1: Project Management and Coordination
Ecology Action will lead coordination with our subcontractors, the City of Watsonville, and other Project Partners in the implementation of RRGP Task 1: Project Management and Coordination. This includes preparing project management documents, including the budget tracking, timeline and deliverable tracking and meeting with the core regional partners to ensure sustained momentum and progress. As an early activity, we will work with Project Partners to revise the project Gantt Chart based on revised timelines. We will work with Project Partners, including the City of Watsonville which will conduct the competitive RFP and selection process for plan development consultant services, including preparing the RFP document, the evaluation process and forms, advertisement, communication with potential consultants, and contracting with the selected consultant. We will maintain the website or other hub for public information, as agreed upon by the Project Partners. We will coordinate with Project Partners on who and how the RRGP project team can Exhibit "A" Scope of Services
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share progress and process at Central Coast Climate Collaborative meetings, or participate in ICARP RRGP quarterly virtual peer-to-peer learning sessions. We will take the lead on developing the formal and informal evaluations of progress and process and key milestones, in part by creating a monthly regional partner checkin meeting and file sharing platform.
Deliverables
● Develop quarterly reports.
● Develop a project Gantt Chart.
● Develop project organizational chart.
● Meeting agendas and notes for RRGP Partner meeting check-ins, peer-to-peer learning sessions, and other project management meetings, as needed.
● Oversee preparation and management of the competitive RFP and selection process for consultant services, with support from the Project Partners.
● Maintain a website or other hub for public information. ● Oversee coordination with Project Partners on sharing progress and process at two Central Coast Climate Collaborative convenings, with presentation slide decks. ● Establish and manage a file sharing platform to coordinate timing and logistics. ● Create a monthly calendar invite for regional project partners. ● Prepare the midterm progress report, including case study, with support from Project Partners. ● Prepare the final progress report, with support from Project Partners. ● Provide the City with detailed invoices on a monthly basis in compliance with contract requirements.
Task 2: Data Collection
Ecology Action and subcontractors will coordinate with the “Consultant,” and other members of the RCPWG and the MBA Climate Justice Collaborative in the implementation of RRGP Task 2: Data Collection. This includes convening jurisdiction and Monterey Bay Climate Justice Collaborative representatives through a workshop to identify data needs and gaps. We will work with the “Consultant” to design and facilitate the regional adaptation implementation activity prioritization exercise (virtual) with RCPWG and MBCJC representatives.
Deliverables
● Convene up to one (1) workshop (in-person).
● Lead the development and implementation of up to one (1) workshop agenda and related action items.
● Support the development of the prioritization process and outcome summary.
Task 3: Support Engagement
Ecology Action and our subcontractors will coordinate the “Consultant,” and other members of the RCPWG and MB Climate Justice Collaborative with implementation of Task 3: Engagement. This includes leading the preparation of the agenda staff report and resolution to accompany the recommendations roadmap at elected body meetings. The development of these materials will be completed with support from the Project Partners. In the role of project management support, we will support the “Consultant” and the other Project Partners in engaging the Project Partners in the review and feedback cycles of the implementation and funding roadmap, as needed. We will similarly support Project Partners with the dissemination of learnings beyond the Monterey Bay region. In addition to the overall project and plan engagement and education, Docusign Envelope ID: 1A7F670F-CEAB-4574-BDC8-B2C2D33868EC
Ecology Action will refine the Resilient Central Coast Platform and conduct community outreach to represent the project and associated household resilience measures and conduct community engagement to increase uptake of information.
Deliverables
● Lead the preparation of the agenda staff report and resolution. ● Support the coordination of the review of the outline, draft, and final implementation and funding roadmap by MB CJC members and MB RCPWG staff and attorneys, as needed. ● Review of the outline, draft and final roadmap.
● Review of the funding appendix.
● Support with web tools to share information, as needed and budget allowing. ● Support the development of the agenda and session slide deck for a convening with the community of practice.
● Revised web platform (bilingual English/Spanish) and document an increase in Monterey Bay household participation to 2,000 households
Task 4: Support the development of the draft Monterey Bay Adaptation and Resilience Implementation and Funding Roadmap
Ecology Action with subcontractors will oversee the “Consultant” in their development of the draft outline of the Roadmap contents, as well as the draft implementation plans that define all activities in the shorter term to carry out project from designing to monitoring and funding. We will work with the “Consultant” and other Project Partners to prepare the evaluation appendix of longer term, sustainable funding sources for adaptation. We will prepare and co-facilitate a workshop to review the possible longer term, sustainable funding sources and governance changes to the RCPWG charter model under potential longer term funding structures.
Deliverables
● Review of draft outline of Roadmap contents.
● Review of draft project implementation plans.
● Support the coordination of the review of the draft outline and project implementation plans by Project Partners.
● Prepare and co-facilitate up to one (1) workshop on funding strategies and models. ● Support development of one (1) workshop agenda and one (1) set of meeting minutes.
Task 5: Support the finalization of the Implementation and Funding Roadmap The Project Partners will host a workshop to review the draft Roadmap comments and resolve concerns that may arise from jurisdictions and environmental justice groups. We will coordinate with the “Consultant” to cofacilitate and prepare for the workshop. We will oversee the development of the Final Roadmap Document by the “Consultant” and coordinate with Project Partners to review and finalize the Final Roadmap Document, which will include attorney review. The Project Partners will deliver the final Roadmap at the Central Coast Climate Collaborative meeting, AMBAG Board meeting, and others identified by the regional partners, members of the RCPWG and the Monterey Bay Climate Justice Collaborative (such as Central Coast Community Energy, Transportation Agency for Monterey County, etc.). We will provide support for this task by working with the “Consultant” to develop the presentation slide deck for the elected bodies, the development Docusign Envelope ID: 1A7F670F-CEAB-4574-BDC8-B2C2D33868EC
of the resolution template, and the development of staff report template and will participate in up to four external meetings, as needed.
Deliverables
● Prepare and co-facilitate up to one (1) workshop.
● Support development of one (1) workshop agenda and one (1) set of meeting minutes. ● Support development of slide deck.
● Support development of resolution template.
● Support development of staff report template.
● Participate in up to four (4) external meetings to support the delivery of the final Roadmap. ● Support for meetings with elected officials, as requested.
Ecology Action has an attached an excel sheet that summarizes our cost for services under each subtask and total utilizing the final grant award budget template, listing also our schedule of hourly staffing rates and anticipated subcontractor team.
If you have any questions or comments related to this scope of work, please do not hesitate to contact me as noted below.
Sincerely,
Kirsten Liske
Vice President Community Programs
[email protected]
831.332.3619 c.
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Ecology Action Budget Detail
Subaward from the City of Watsonville, leading the Monterey Bay Adaptation and Resilience Implementation and Funding Roadmap (Roadmap) Project as funded by the Integrated Climate Adaptation and Resilience Program (ICARP) Regional Resilience Grant Program (RRGP) Cost Description Cost Type Category
(Enter either: RRGP,
Direct, Indirect)
Task 1 Task 2 Task 3 Task 4 Task 5 Ecology Action
Subaward Total
Task 1 A) Project administration Indirect Costs $ 65,400.00 $ 65,400 Task 1 B) Ecology Action project management, info hub,
scheduling, and partner and consultant coordination Direct Costs 33,000.00 $ $ 33,000 Task 1 C) Ecology Action progress monitoring, reporting and on-going evaluation RRGP Costs 33,000.00 $ $ 33,000 Task 2-5 A) Ecology Action outreach and communications
support, meeting and workshop development, facilitation and participation Direct Costs 20,000.00 $ 30,000.00 $ 25,000.00 $ 24,000.00 $ $ 99,000 Task 1-5 A) TBD consultant for research, meeting
development and participation, roadmap and funding
development, template development Direct Costs $ -
Task 1-5 B) Farallon Strategies for governance consulting Direct Costs $ - Task 1-5 C) Ecology Action participation and engagement through and for the Resilient Central Coast platform
including ad buys/other supplies Direct Costs 42,000.00 $ $ 42,000 Task 1-5 D) Lead Environmental Justice CBO
(Regeneracion of Pajaro Valley) coordination Direct Costs 15,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ $ 55,000 Task 1-5 E) Monterey Bay Climate Justice Collaborative:
Environmental Justice CBO compensation (5 EJ groups at
$10k each) Direct Costs 15,000.00 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ $ 50,000 Task 2-4 A) Meeting space rental, supplies and materials, food for 3 workshops and elected body meetings in person Direct Costs 1,000.00 $ 1,000.00 $ 1,000.00 $ $ 3,000 Task 1-5 F) Translation and Interpretation for EJ group engagement and final products Direct Costs 2,500.00 $ 2,500.00 $ 15,000.00 $ 6,000.00 $ 6,000.00 $ $ 32,000 Task 2-4 B) Central Coast Climate Collaborative staff time for dissemination/peer exchange (newsletter coordination, meeting coordination, limited meeting participation) Direct Costs $ - Task 1,3,5 A) TBD design vendor Direct Costs $ 1,000.00 $ 1,375.00 $ 1,000.00 $ 3,375 Task 2-5 B) Car rental/mileage, lodging, meals for Ecology Action travel (8 meetings at $620/meeting) Direct Costs 1,240.00 $ 1,240.00 $ 1,240.00 $ 1,240.00 $ $ 4,960 Task 3 A) Conference registration, auto mileage, airfare, lodging for participation at CA Adaptation Forum 2025
participation (4 EJ/local jurisdiction participants) Direct Costs 10,000.00 $ $ 10,000 TOTALS - $ 176,900.00 $ 54,740.00 $ 88,615.00 $ 63,240.00 $ 47,240.00 $ 430,735.00 Ecology Action Staff Rate Schedule:
Staff Position Hourly Rate
Vice President Community Programs $246.79
Program Manager, Resilent Central Coast $92.24
Senior Program Specialist, Climate Justice Collaborative $107.63 Program Coordinator, Resilient Central Coast $74.34
(Question: RCC Will be billed as lump sum - should we
include staff rates? )
Subcontractor Team:
Farallon Strategies
Regeneración Pajaro Valley Climate Action
TBD via Procurement Plan Development Consultant
Attachment "C" Compensation
Docusign Envelope ID: 1A7F670F-CEAB-4574-BDC8-B2C2D33868EC
12/5/2024 12:37:55 PM
C:\Program Files\eSCRIBE\TEMP\12375244148\12375244148,,,AWARD CONTRACT TO McKIM CORP FOR RECONSTRUCTION OF GREEN VALLEY RD, ST-24-14523, IN THE AMOUNT OF $2,543,343.34.docx Agenda Report
MEETING DATE: Tuesday, December 10, 2024
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG
PRINCIPAL ENGINEER THERIOT
SUBJECT: AWARD CONTRACT TO MCKIM CORPORATION FOR
RECONSTRUCTION OF GREEN VALLEY RD, ST-24-14523, IN
THE AMOUNT OF $2,543,343.34
RECOMMENDED ACTION:
It is recommended that City Council adopt a resolution awarding a contract to the lowest responsive bidder, McKim Corporation, for the Green Valley Rd Improvement Project – Carey Ave to Thicket Ln, No. ST-24-14523, in the amount of $2,543,343.34.
DISCUSSION:
Green Valley Rd. is a vital arterial, serving over 20,000 vehicles per day. The pavement is showing its age, with much of this stretch of roadway in poor condition. The sheer number of trench cuts for the utilities combined with the general poor condition of the pavement contributes to the need to reconstruct the roadway. This project will reconstruct 2,200 linear feet of roadway, as well as replace curb ramps and provide a new Audible Pedestrian Signal (APS) at Carnation Drive.
The City received a $1,833,000 grant from the Santa Cruz County Regional Transportation Commission (RTC) to assist with the construction of this project. The RTC approved the project for funding on December 7, 2023.
The Public Works and Utilities Department recently completed an underground utility project to replace sanitary sewer and waterlines on Green Valley Rd. The roadway rehabilitation project will repair the pavement damaged by the utility construction, as well as replace the pavement which has outlived its useful life.
The City Council adopted Resolution No. 136-24 (CM) approving plans and specifications and called for bids on July 9, 2024. Bids were received for the Green Valley Rd Improvement Project – Carey Ave to Thicket Ln, No. ST-24-14523, and publicly opened and read on November 14, 2024.
12/5/2024 12:37:55 PM
C:\Program Files\eSCRIBE\TEMP\12375244148\12375244148,,,AWARD CONTRACT TO McKIM CORP FOR RECONSTRUCTION OF GREEN VALLEY RD, ST-24-14523, IN THE AMOUNT OF $2,543,343.34.docx The following bids were received:
Contractor Location Bid
McKim Corporation Gilroy, CA $2,543,343.34
Granite Construction Watsonville, CA $2,774,891.35
Granite Rock San Jose, CA $3,080,836.20
Galeb Paving Saratoga, CA $3,466,989.88
CURRENT FUNDING
This project is included in the FY2024/25 approved budget as the Green Valley Road Improvements. There are sufficient funds in the following accounts and no additional appropriations are required.
Source Account
RTC grant 0260-905-7837-14523
SB1 0306-924-7837-14523
There are costs associated with a construction project beyond the construction contract itself which include construction support services. Staff estimate these costs to be approximately $450,000. These services will be done under separate contracts, and sufficient funds have been allocated to the current budget.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The project qualifies as Categorically Exempt under CEQA in accordance with CEQA Guidelines Section 15301, CE Class 1, maintenance of existing streets involving no expansion of capacity. Staff have filed a Notice of Exemption with the Santa Cruz County Clerk.
STRATEGIC PLAN:
2-Infrastructure & Environment
5-Public Safety
FINANCIAL IMPACT:
As shown above, the Green Valley Rd. Improvements Project is fully funded in the 2024/25 approved budget.
ALTERNATIVE ACTION:
The council could elect not to award the construction contract. The roadway would continue to deteriorate and the cost of rehabilitation in the future will continue to increase.
ATTACHMENTS AND/OR REFERENCES (If any):
1. Project Map
Green Valley Rd Rehabilitation
reconstruct roadway between Carey Ave and Corralitos Creek (city limit) Legend
Limit of Work
1 mi
N
Attachment 1
➤
1 Reso No. ______ (CM)
Meeting Date: 121024 SWZ ______ TV ______ PWU ______
RESOLUTION NO. _____ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING CONSTRUCTION CONTRACT TO MCKIM
CORPORATION, A CALIFORNIA CORPORATION, FOR THE GREEN
VALLEY ROAD IMPROVEMENT PROJECT – CAREY AVE TO THICKET
LN, NO. ST-24-14523, IN THE AMOUNT OF $2,543,343.34; AND
AUTHORIZING CITY MANAGER TO EXECUTE SAME
WHEREAS, on July 9, 2024, the Council adopted Resolution No. 136-24 (CM), approving plans and specifications and authorizing calling for bids for the Green Valley Road Improvement Project – Carey Ave to Thicket Ln, No. ST-24-14523; and WHEREAS, the engineer’s estimate of probable construction cost was $3,100,000; and
WHEREAS, pursuant to Title 7, Chapter 14 of the City of Watsonville Municipal Code, the City issued a notice inviting bids and bids were received for the Green Valley Road Improvements Project; and
WHEREAS, bids that were submitted by the deadline, were publicly opened in the “Old City Council Chambers”, City Hall, 250 Main Street, Watsonville, California, on Thursday, November 14, 2024, at 11:00 A.M., and later tabulated by the Purchasing Officer for the consideration of the City Manager and submission to the City Council; and WHEREAS, the City Manager has recommended that the bid from McKim Corporation, a corporation, [Contractor License #976269], for the Green Valley Road Improvement Project, No. ST-24-14523, in the amount of $2,543,343.34, be accepted as the lowest responsible and responsive bidder, which is below the engineer’s estimate for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
2 Reso No. ______ (CM)
Meeting Date: 121024
1. The project is determined to be categorically exempt from the requirements of CEQA in accordance with CEQA Guidelines Section 15301, CE Class 1, maintenance of existing streets involving no expansion of capacity. Public Works Staff have filed a notice of exemption with the Santa Cruz County Clerk.
2. That the construction contract is hereby awarded to McKim Corporation, a California corporation, for the Green Valley Road Improvement Project – Carey Ave to Thicket Ln, No. ST-24-14523, in the amount of $2,543,343.34, 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, contingent upon approval of the budget.
********************************
12/5/2024 8:41:35 PM
C:\Program Files\eSCRIBE\TEMP\20413250185\20413250185,,,Report - Purchase Order Belt Press Rebuild.docx Agenda Report
MEETING DATE: Tuesday, December 10, 2024
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG
ASST PUBLIC WORKS & UTILITIES DIRECTOR GREEN
WASTEWATER DIVISION MANAGER TELLEZ
SUBJECT: APPROVE A SOLE SOURCE PURCHASE WITH ALFA LAVAL, INC. FOR A MANUFACTURER REBUILD OF ONE EXISTING
WWTF BELT PRESS EQUIPMENT, IN AN AMOUNT NOT TO
EXCEED $305,256; AND APPROVE A BUDGET TRANSFER
WITHIN THE SEWER ENTERPRISE FUND FOR THE SAME
RECOMMENDED ACTION:
Adopt a resolution approving a sole source purchase with Alfa Laval, Inc. for a manufacturer rebuild of one Wastewater Treatment Facility (WWTF) belt press, in an amount not to exceed $305,256; authorizing and directing the City Manager to execute purchase order; and approve a budget transfer in the same amount within the Sewer Enterprise Fund.
BACKGROUND:
The City’s WWTF dewatering process is critical to the removal, dewatering, and handling of biosolids that are produced throughout the wastewater treatment process. If this process is not functioning at full capacity, solids will build within the upstream processes, causing issues with meeting wastewater treatment and state water board regulatory requirements.
DISCUSSION:
The dewatering process area consists of a total of three belt presses. A minimum of two are required to be in operation at all times to maintain normal operating capacity. All three belt presses are nearing the end of their useful life and consistently require parts replacement, repair and maintenance. One of the three belt presses is past the point of repair by City utility maintenance staff, requiring replacement or a complete manufacturer rebuild.
The belt presses are original to the 1986 WWTF upgrade and the entire process area is due for complete replacement. However, other priorities including the Electrical System Hazard Mitigation project and the upcoming Headworks and Influent Pump Station
12/5/2024 8:41:35 PM
C:\Program Files\eSCRIBE\TEMP\20413250185\20413250185,,,Report - Purchase Order Belt Press Rebuild.docx Replacement projects will require the majority of the Sewer Enterprise Fund’s capital expenditures.
In order to extend the useful life of the existing dewatering equipment, staff recommends that the inoperable belt press be rebuilt by the manufacturer. This is more cost effective than purchasing a new belt press and will allow the existing equipment to be refurbished by the manufacturer to a standard that should extend its useful life several years and increase the reliability of the dewatering process.
Alfa Laval is the only manufacturer that offers a complete rebuild of the Klampress belt press brand which is no longer commercially available. Therefore, staff recommends Council authorize the sole source purchase of the existing belt press rebuild through Alfa Laval for an amount not to exceed $305,256, which is the quoted $278,137 plus 9.75% sales tax which was excluded from the quote but will be charged upon delivery.
STRATEGIC PLAN:
This purchase is consistent with
2-Infrastructure & Environment
FINANCIAL IMPACT:
There is sufficient budget available within the Sewer Enterprise Fund. Staff is requesting that Council approve a budget transfer in the amount of the $305,256 purchase order from budget account 911-7855-14795 to 911-7855-14328.
ALTERNATIVE ACTION:
No reasonable alternatives are known at this time. Council could elect not to approve the purchase which would leave the existing dewatering system vulnerable to failure.
ATTACHMENTS AND/OR REFERENCES (If any):
1) Alfa Laval Belt Press Manufacturer Rebuild Quote
Alfa Laval USA Inc. Page 1 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
Project Name: City of Watsonville Press 60014432
Alfa Laval AS-H Belt Press Type85 2.0 meter (Klampress®) Alfa Laval Reference No. OP-RMC1120-2024
Date: 11/20/2024
Quote Validity: 60 Days
Prepared by:
Roger McKinney
Regional Manager – Water Separation Sales
[email protected]
(559)304-6759
Alfa Laval, Inc.
804-222-5300
5400 International Trade Drive
Richmond, VA 23231
Prepared for:
Ruben Tellez
Wastewater Division Manager
[email protected]
City of Watsonville
(831)768-3170
401 Panabaker Road
Watsonville, CA, 95076
Attachment 1
Alfa Laval USA Inc. Page 2 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
Date: 11/20/2024
City of Watsonville
No. OP-RMC1120-2024
Dear Mr. Tellez
Alfa Laval Inc. and DC Frost Associates, Inc., are pleased to offer this firm proposal on new upgrade replacement parts and site machine reconditioning for the above referenced location. Alfa Laval's experience in designing and building new belt filter presses and repairing/rebuilding earlier model belt filter presses, can only enhance our position in offering the services and parts needed to provide additional years of service to your Alfa Laval Klampress.
Alfa Laval started its "Rebuild Program" to provide customers with "today's technology" on earlier model belt filter presses as an alternative to purchasing new replacement equipment. For nearly thirty years Alfa Laval has completed rebuild projects consisting of partial site repairs, complete site machine reconditioning, complete factory machine reconditioning, partial factory machine reconditioning and site machine upgrades.
Equipment on these projects included Bellmer Winklepresses (German), English Belt Filter Presses, Alfa Laval's MKII & Type 85 Klampresses, and other Belt Filter Presses.
All parts supplied by Alfa Laval, for reconditioning your machine(s), shall meet Alfa Laval’s latest O.E.M. design standards. All parts will be made to Alfa Laval’s standard level of quality under ISO2001:2015 certified procedures. All labor shall be performed by qualified Alfa Laval trained service technicians who are experienced in the disassembly/reassembly of the Klampress.
Note: Kindly indicate our Quotation Reference in your Purchase Order/ Letter of Acceptance/ Sales Contract and all our correspondences if the order is confirmed to us.
Regards:
Roger McKinney
Roger McKinney
Regional Manager – Water Separation Sales
Alfa Laval Inc.
CC: Jeff Rabas | DC Frost Associates, Inc
Attachment 1
Alfa Laval USA Inc. Page 3 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
CONTENTS
1. BASIS OF PROPOSAL
2. PROPOSAL
3. COMMERCIAL TERMS
3.1 Pricing
3.2 Payment Terms
3.3 Delivery Time
3.4 Quotation Validity
4. ALFA LAVAL
5 REBUILD AND UPGRADE
6. SERVICE
7. TERMS AND CONDITIONS OF SALE
Attachment 1
Alfa Laval USA Inc. Page 4 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
1. BASIS OF PROPOSAL:
Review of equipment by Roger McKinney on 11/14/2024 with Ruben Tellez Attachment 1
Alfa Laval USA Inc. Page 5 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
2. PROPOSAL
2.1. Rebuild one (1) Klampress Type 85 Size 3 (2.0 meter) belt filter press at job site. Alfa Laval's scope for rebuilding the Klampresses includes using only new O.E.M. (Original Equipment Manufacturer) parts, labor for removal/installation, inbound/outbound freight charges and start-up services, as detailed below.
2.2. Some of the items listed below consist of new machine upgrades designed to both enhance your machine’s performance and lower its operational and maintenance costs.
2.3. The list below details the labor, parts and service that shall be provided on this project.
QUANTITY DESCRIPTION
(1) New sets of dewatering filter belts.
(1) Complete sets of new 2 9/16” stub shaft/forged end rollers. Each set shall consist of the following:
(7) 8" Plain rollers (steering/guide)
(2) 12" Drive roller
(4) 12" Plain pressure rollers
(1) 18” Plain pressure roller
(1) 24” Perforated roller
Drive rollers shall be coated with ¼” Buna-N rubber. All other rollers coated with 30 mils of thermoplastic nylon.
(1) Lot New Alfa Laval 2 9/16” bearing housing assemblies. New Alfa Laval bearing assemblies consist of housing, triple labyrinth seal, bearing with steel bronze machined cage, 316 stainless steel hardware and taper lock nut assembly. Housings will be nylon coated for maximum protection against corrosion. Housing shall have a triple labyrinth seal for superior sealing against contaminants. Greasing intervals every 6 months. (1) Lot New 316 stainless steel mounting hardware for bearing assemblies. (1) Lot Poly slide plate assembly consisting of carbon steel galvanized weldment with poly wear plate. (Replaces 4” guide rollers).
(1) Lot New steering pivot plate assemblies. Pivot plates fabricated from carbon steel then hot dipped galvanized.
(1) Lot New retrofit 316 stainless steel upper and lower washboxes with adjustable side panels.
(1) Lot New upper and lower washbox mounting brackets. Brackets fabricated from A-36 carbon steel then hot dipped galvanized
(1) Lot New upper and lower washtube with new inner cleaning brushes, spray nozzles, retainers and gaskets.
(1) Lot New poly blocks for upper and lower washtubes.
(1) Lot Install new 316 stainless steel steering valve and stainless steel paddle assembly with ceramic wear pad.
(1) Install new 316 stainless steel tensioning valve
(1) Lot Replace hydraulic cylinders with new fiberglass steering and tensioning Attachment 1
Alfa Laval USA Inc. Page 6 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
cylinders. New hydraulic cylinders shall have fiberglass outer casing, laminated phenolic heads, stainless steel tie rods and 316 stainless steel piston rods.
(1) Lot New upper and lower tension bars for hydraulic cylinders. (1) New single stage hydraulic retrofit lid assembly for control of the automatic steering and tensioning systems on the belt press. Unit will include new hydraulic lid, filter, pump/motor assembly and 316 stainless steel tubing. Note: Customer shall disconnect existing
wiring/conduit and connect all electrical wiring/conduit to the new motor/pressure switch.
(1) Lot Replace electrical switches (no cake, belt misalignment, belt breakage switches and trip cord switch) including mounting brackets. Install new 316 stainless steel NEMA 4X press mounted junction box. Note: The existing press mounted electrical conduit shall be reused as-is. (1) Lot Install new rubber seals on washboxes, gravity and wedge section sludge restrainers.
(1) Install new neoprene rubber flap on reversal roller guard. (2) Replace worn scraper blades at discharge end of machine. Scraper blades fabricated from UHMWPE.
(1) Lot Install new poly grid wear bars (UHMWPE) on the upper and lower grid weldments.
(1) Lot New chicane blades. Chicane blade fabricated from ultra-high molecular weight polyethylene (UHMWPE).
(1) New platform mount 5HP AC belt drive gearmotor (Eurodrive K87). Note:
Customer shall disconnect existing wiring/conduit and connect all electrical wiring/conduit to the new drive motor.
(1) Lot New bull gears, pinion gear and drive bushings. (1) Lot New maintenance free tensioning yoke bearings. New yoke bearings are galvanized coated with teflon sleeve at pivot point.
(1) Lot New design drain trays fabricated from 316 stainless steel. Includes all drain trays for the upper gravity section, lower wedge section and pressure section, as well as new schedule 40 drain piping. (1) Lot Site labor for disassembly/assembly including local fork-lift rental.
2.4. Alfa Laval shall be responsible for:
2.4.1. The transport, removal and installation of equipment replacement parts.
2.5. Freight: F.O.B. Houston, TX with freight allowed to jobsite.
2.6. Labor time as follows:
2.6.1. Estimated downtime is 12-14 days per machine.
2.6.2. One (1) trip of extended working days at 10-12 hours per day including weekend work. Alfa Laval will provide two (2) technicians
Attachment 1
Alfa Laval USA Inc. Page 7 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
2.6.3. The machine frames/components are showing signs of minor rusting. Alfa Laval site service technicians will perform repairs to the minor rusted areas by wire brushing and applying cold galvanizing. If site work is stopped so that the customer can address the major rust areas of the frame, additional travel time may be incurred. If Alfa Laval technicians have to leave and come back at a later date after major frame repairs are complete, the additional costs for the additional travel time and airfares/expenses would be $ 6,500.00 per technician per machine. Also, Alfa Laval’s scope does not include removal of struvite build-up from machine components.
2.7. Also included with pricing:
2.7.1. Warranty: Per the enclosed Alfa Laval’s Standard Terms & Conditions of Sale.
2.7.2. Alfa Laval will warrant, unless otherwise indicated, the new parts, of its own manufacture (see below), for a period of (1) one year from date of delivery. Alfa Laval's obligation under this warranty being limited to repairing or replacing, at its option, any part found to its satisfaction to be so defective, provided that such part is, upon request, returned to Alfa Laval - ASH's factory, freight prepaid. This warranty does not cover parts damaged by decomposition from chemical reaction or wear caused by abrasive materials, nor does it cover damage resulting from misuse, accident, neglect, or from improper operation, maintenance, modification or adjustment.
2.8. Notes of Clarification
2.8.1. The enclosed quotation is a firm quotation. All scope of supply modifications / additions requires prior agreement by both parties and written acknowledgement by Alfa Laval.
2.8.2. The plant will be responsible for:
2.8.2.1. Unloading the delivery truck and staging the equipment components to an area near the final location of the equipment.
2.8.2.2. Placing crates in the work area adjacent to the equipment where work will be performed.
2.8.2.3. Movement and staging of all materials into and out of the building.
2.8.2.4. All piping connections (feed, water, polymer, etc.) and all electrical connections.
2.8.2.5. Removal of any obstructions (i.e., odor hood, platforms, etc.) to gain access for the removal/installation of machine components.
2.8.2.6. Disposal of all old/used parts removed from the belt press, as well as crating materials.
2.9. Escalation Charges:
2.9.1. Given the current volatility in steel prices over the past twelve months, Alfa Laval has made this offer based upon shipment of the offered products contained herein within the schedule dictated above. Should the projected shipment schedule fall outside this period for any reason, pricing shall be subject to review and revision.
Attachment 1
Alfa Laval USA Inc. Page 8 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
2.10. Exclusions from this quotation:
2.10.1. Loading and offloading of equipment parts (crates) at job site.
2.10.2. Termination of all electrical wiring/conduit to the motor/pressure switch and for all tubing/hoses for connection between new hydraulic unit and equipment.
2.10.3. All local motor-disconnect devices and/or local motor lockouts that may be required by a governing electrical code shall be provided and installed by others.
2.10.4. Duties, taxes, bonds…etc.
3. COMMERCIAL TERMS
3.1. Pricing
3.2. Payment Terms
• 100% N30 upon receipt of parts on site.
• 100% N30 upon completion of site work.
3.3. Taxes
Sales tax is excluded from quoted price and remains the customer’s responsibility. Per state / federal legal obligation, Alfa Laval will pay applicable taxes; said taxes are charged and invoice to customer’s account as actual.
3.4. Estimated Delivery Time
1.1.1. Shipment of parts can be made within 16-18 weeks after receipt of Purchase Order.
1.1.2. Timing does not include control panel startup.
3.5. Quotation validity
• 60 days
(*) The prices are valid with the purchase of the above Scope of Supply item lines 1-2.
Item Description Qty. Unit Price Extended Price
1 Klampress Parts & Freight 1 194,412.00 194,412.00
2 Klampress Site Services 1 83,725.00 83,725.00
Scope of Supply Total Price $278,137.00
Attachment 1
Alfa Laval USA Inc. Page 9 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
4. ALFA LAVAL
4.1. About us
Alfa Laval is a leading global provider of separation, heat transfer, and fluid handling technology. Founded in 1883 and for more than 130 years, we have built a global presence with service centers and partners in nearly 100 countries. This offers local expertise, supported by the global breadth and depth of Alfa Laval. With these as its base, Alfa Laval aims to help enhance the productivity and competitiveness of its customers in various industries all over the world. Alfa Laval – Our Company.
4.2. Wastewater Separation Technologies
We remain committed to being the technology leader in design innovations, delivering reduced power & polymer consumption, increased cake dryness, and increased capacity within the same footprint. Alfa Laval - Municipal wastewater treatment
• Decanter Centrifuge
• Belt Filter Press
• Gravity Belt Thickener
• Rotary Drum Thickener
• SBR / MBR / Pkg. Plants
4.3. Lab & Pilot Testing
Alfa Laval’s DNA is to continuously bring value to our
customers. Our state-of-the-art wastewater laboratory,
located in the Houston, TX service center; allows Alfa Laval to analyze the optimal technology for your specific
separation requirements. Additionally, Alfa Laval provides separation equipment available for on-site field testing and demonstration. These include decanter centrifuge, rotary drum filter, and belt press.
Attachment 1
Alfa Laval USA Inc. Page 10 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
4.4. Always at Your Service:
• /24/7 Support
• 75+ Authorized Service Providers
• 4 - USA Service Centers -
• Indianapolis US Parts Distribution Center
• OEM Parts – 450,000+ Spare Parts in Stock
• 50+ Field Technicians
Alfa Laval - Service and support in the USA
4.5. Spare Parts
• A smart choice
Boost productivity and maximize uptime with quality genuine parts from Alfa Laval. With easy access to a broad range of longlasting high-quality parts, you can lower your total cost of ownership and preserves the value of your equipment
throughout its entire life cycle.
• Available everywhere
Through our global service network, you have easy access to our extensive genuine spare parts inventory through 11 major Alfa Laval distribution centers.
Alfa Laval maintains an extensive inventory of spare parts that supports our current product range as well as some legacy parts, which are up to 100 years old. Our parts inventory system contains specific information, such as technical details and availability, for more than 450,000 parts, and we have more than 50,000 unique items in stock.
The Americas are conveniently served through the American Distribution Center (AMDC), which is centrally located in Greenwood, IN, USA.
Alfa Laval AMDC
200 South Park Blvd
Greenwood, IN 46143
• Unmatched quality
Designed for durability, reliability and productivity, our parts deliver outstanding performance time and time again. Manufactured to precise specifications, Alfa Laval parts have proven performance in our material and test laboratories as well as in process lines around the world.
• Traceability and certification
Parts are continuously improved to meet the highest standards and comply with various certification requirements and regulations, such as REACH. Alfa Laval - Spare parts Attachment 1
Alfa Laval USA Inc. Page 11 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
5. REBUILD AND UPGRADE
5.1. When is it time to rebuild your belt filter press? • Performing regular maintenance on the belt filter press can keep the end user up and running smoothly for years, but eventually the machine may require a full rebuild to maintain performance. That’s why Alfa Laval put together this list of indicators to help make the case for rebuilding the equipment.
• A rebuild can restore or improve the equipment’s dewatering or thickening performance.
It is also around 30% less expensive than purchasing a new machine and comes with the same warranty as a new belt filter press.
•
If the end user is experiencing more than three of the operational and visible indicators below, it may be time to think about a rebuild.
Download the check list
5.2. Operational issues that point to a belt filter press rebuild • Equipment operating for more than ~ 60K – 80K hours (or 12 – 15 years).
• Reduced capacity from original specifications.
• Reduced cake dryness.
• Bearing failures.
• Uneven belt wear or belts frequently coming off track. • Belts last less than 2,000 hours.
• Frequent maintenance and downtime.
• Frequent hydraulic issues (uneven pressure, high reservoir temperature, belt tensioning issues).
• Malfunctioning control panel.
• Malfunctioning electrical sensors and switches.
• Atypical sounds (rhythmic thumping, banging, or clanging).
Attachment 1
Alfa Laval USA Inc. Page 12 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
5.3. Visible signs that a belt filter press rebuild may be needed • Rollers peeling or uneven wear.
• Corroded frame components/brackets (flaking metal for example). • Frequent hydraulic leaks.
• Peeling / corroded bearing housings.
• Worn gravity deck grid strips/plows, or dry rot of rubber components.
5.4. Typical scope of a complete belt filter press-rebuild • Bearing housings
• Belts
• Drive system
• Electrical components (switches, sensors, etc.)
• Frame (as needed) and hard stainless lines
• Hydraulic system (tensioning and steering)
• Rollers
• Scraper blade assemblies
• Wet-end wearable components (grid strips, chicanes/plows, etc.) • Start-up and optimization
Attachment 1
Alfa Laval USA Inc. Page 13 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
5.5. Optional upgrades that reduce maintenance or simplify operations.
Upgrade Benefit
Frame mounted hydraulics Reduce oil reservoir 90% and
simplify filter replacement
Direct drive Reduce maintenance required for
traditional “bull and pinion” system
All stainless-steel Fortress Bearing
Housings™
Protect against corrosion (available
on certain models)
Wash box upgrades Simplify cleaning and maintenance
needs
5.6. Optional Performance boosting modifications
Modification Benefit
Extend the gravity deck Increase capacity
Add pressure rollers Increase cake dryness
Install a modern control panel Enhance data and control Upgrade wet end with the patent
pending Dri-Boost Plow™
package (available on certain models)
Increase capacity and/or dryness
5.7. The rebuild / upgrade process.
Trust Alfa Laval to bring the highest level of technical expertise and top technology available in the industry today. The retrofit / rebuilds process entails:
• A discussion with an Alfa Laval process expert to determine your goals. • A full evaluation of your existing equipment to determine condition, and possible improvements.
• A thorough quotation detailing the work recommended.
• A project manager will be assigned to manage your project and support your needs as it progresses.
Attachment 1
Alfa Laval USA Inc. Page 14 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
• Work will be completed either at your location or at one of Alfa Laval’s fully equipped U.S. based facilities.
• A final report will be issued, detailing the work completed. • On site start-up provided as required for the project.
5.8. Rebuild project timeline.
The extent of the belt filter press or gravity belt thickener rebuild, or upgrade will depend on the goals that are trying to be achieved as well as the original condition of the equipment.
Schedule your free equipment assessment.
Meet an Alfa Laval expert at the job site for a full
inspection of the belt filter press.
A full report (budgetary proposal) of recommended
repairs / replacements will be issued.
Confirm the project scope and the Alfa Laval Sales
Manager will send a quote and/or detailed specification for the required work.
Accept the quote and schedule the rebuild.
High quality OEM parts are ordered and delivered to the job site (for field rebuilds).
Attachment 1
Alfa Laval USA Inc. Page 15 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
Alfa Laval technicians rebuild the belt filter press to original OEM specifications and tolerances (typical
takes two weeks).
Alfa Laval experts walk through the belt filter press at the jobsite, a list of recommend spare parts is provided, and the belt filter press is started-up into service.
Start saving money and improving performance for
plant’s dewatering or thickening process.
Protect your investment with a long-term Alfa Laval
service agreement.
Each rebuild is different and Alfa Laval will work closely to accommodate the services needed to ensure that the upgrade / rebuild Alfa Laval performs meets the specified requirements.
Attachment 1
Alfa Laval USA Inc. Page 16 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
6. SERVICE
6.1. 360º Service Portfolio
Alfa Laval partners with you for the entire life cycle of your equipment – from start-up, through operation,
monitoring and maintenance, all the way to
reconditioning and eventual redesign. Our goal is to
ensure that our equipment continuously gives you
optimized process performance.
6.2. Alfa Laval Service Centers:
You can trust Alfa Laval service technicians to maintain your equipment in peak performance and minimize the risk of unscheduled production stops. Our local service centers are equipped with the tools and expertise to improve the performance of your rotating drum thickeners. Join us on a virtual tour of our state-of-the-art facilities.
Alfa Laval - Houston service center
6.3. Commissioning
Alfa Laval specialists commission equipment to ensure optimal performance.
Services consist of installation review, performance checks, process optimization and operator training. The commissioning process ends with a handover or acceptance certificate and is often the first day of warranty.
Services consist of:
• installation review
• performance checks
• process optimization
• operator training
Attachment 1
Alfa Laval USA Inc. Page 17 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
The commissioning process ends with a handover or acceptance certificate and is often the first day of warranty.
The commissioning:
• Enables trouble-free start-up and process fine-tuning. • Advice on optimizing process conditions.
• Checks on surrounding components, systems and controls and optimization recommendations.
• Help to reduce maintenance costs with a customized proposal to optimize maintenance.
6.4. Preventive Maintenance
Highly experienced Alfa Laval specialists can formulate and implement an optimal maintenance plan for your equipment.
Service intervals are determined by various factors, including type of application as well as the usage and condition of the equipment.
The service can be performed on site or in the Alfa Laval Service Center located in Houston, Texas.
The preventive maintenance:
• Delivers peace of mind and operational reliability.
• Secures maximum throughput.
• Increases overall equipment lifetime and provides good cost control. • Maintains safe equipment operation.
6.5. Rebuilds and upgrades
6.5.1. Repair
Alfa Laval specialists repair the equipment according to your needs, replacing unsafe or worn parts as required, and then reassemble the equipment. • Minimizes downtime.
• Maximizes production performance.
• Extends the lifetime of equipment.
• Prevents equipment from consequential damage and accidents.
6.5.2. Equipment Upgrades
• There is a wide range of upgrade solutions available to ensure your Alfa Laval equipment features the latest technical developments.
• As operating conditions change over time, new challenges can call for a review of the current installations.
• Equipment Upgrades can also include control upgrades that improve equipment automation.
Attachment 1
Alfa Laval USA Inc. Page 18 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
7. TERMS AND CONDITIONS OF SALES
These Terms and Conditions of Sale (“Terms and Conditions”) apply to all quotations, orders, and contracts for Alfa Laval Inc. products (hereafter "Equipment") and associated services (“Services”) As used in these Terms and Conditions, the word "Equipment" includes all hardware, parts, components, software and options.
1. ACCEPTANCE: Our sale to you is limited to and expressly made conditional on your assent to these Terms and Conditions and, if applicable, on the attendant quotation, both of which form a part of the contract between us and which supersede and reject all prior agreements, representations, discussions or negotiations, whether written or oral, with respect to this sale and any conflicting terms and conditions of yours, whether or not signed by you. Any terms and conditions contained in your purchase order or request for quotation or other form which are different from, in addition to, or vary from these Terms and Conditions are expressly rejected, shall not be binding upon us, and are void and of no force or effect. These Terms and Conditions may not be changed except by the written agreement of both parties.
2. PRICES: Unless otherwise specified in writing, all quoted prices are in U.S. Dollars and are firm for thirty (30) days from the date of offer. Prices quoted are exclusive of taxes, freight and insurance, and you agree to pay any and all sales, revenue, excise or other taxes (exclusive of taxes based on our net income) applicable to the purchase of Equipment. If you claim an exemption from any such taxes you shall provide us with a tax exemption certificate acceptable to the taxing authorities.
3. DELIVERY; FORCE MAJEURE: Dates for the furnishing of Services and/or delivery or shipment of Equipment are approximate only and are subject to change. Quoted lead times are figured from the date of receipt of complete technical data and approved drawings as such may be necessary. We shall not be liable, directly or indirectly, for any delay in delivery or failure to deliver caused by carriers or by labor difficulties, shortages, strikes or stoppages of any sort, or difficulties in obtaining materials from ordinary sources and suppliers. In addition, we shall not be liable for any such delays or for any failure to perform our obligations under an order or contract due to any one or more of the following events, whether foreseeable or not: war, hostilities, military operations, terrorism, riots, disorder, accidents, floods, storms, natural disasters, fires, acts of God, epidemics and/or pandemics (and specifically in relation hereto and notwithstanding anything else stated herein, whether or not outbreak of such epidemic or pandemic has occurred prior to acceptance of this order or execution of a contract for the Services), governmental, judicial or administrative decisions, decrees or orders, embargoes or blockades, or any causes beyond our reasonable control. Unless otherwise specifically agreed in writing by us, in no event shall we be liable for any damages or penalties whatsoever, or however designated, resulting from our failure to perform or delay in performing due to any of the causes specified in this paragraph 3.
4. SHIPMENT, RISK OF LOSS, TITLE: All sales are made F.O.B. Alfa Laval shipping point, unless otherwise noted. Duty, brokerage fees, insurance, packing and handling as applicable are not included unless otherwise noted. Our liability for delivery ceases upon making delivery of Equipment to the carrier at the shipping point in good condition. The carrier shall be your agent. Risk of loss shall pass to you upon such delivery.
Regardless of the delivery term specified, we shall retain title to the Equipment until final payment thereof has been made.
5. CREDIT AND PAYMENT: Payment terms are thirty (30) days net, unless agreed otherwise by us in writing. Pro rata payments shall become due with partial shipments. Any discount period which may be Attachment 1
Alfa Laval USA Inc. Page 19 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
granted by us begins on the invoice date and all payments are due 30 days after the invoice date. All payments shall be made without deduction, deferment, set-off, lien or counterclaim of any nature. All amounts due not paid within 30 days after the date such amounts are due and payable shall bear interest at the lesser of 1.5 percent per month or the maximum rate of interest allowed by law. We reserve the right at any time to suspend credit or to change credit terms provided herein, when, in our sole opinion, your financial condition so warrants.
Failure to pay invoices when such invoices are due and payable, at our election, shall make all subsequent invoices immediately due and payable irrespective of terms, and we may withhold all subsequent deliveries until the full account is settled. We shall not, in such event, be liable for delay of performance or nonperformance of contract in whole or in part subsequent to such event. We shall have the right to deduct from or set off against sums due you any sums due and owing to us from you under any other order or contract between us.
6. SECURITY AGREEMENT: You hereby grant us a security interest in the Equipment, including a purchase money security interest, and in such materials, proceeds and accessories thereof, to secure payment of the purchase price of the Equipment. You authorize us to file or record a purchase order or copy thereof or any UCC financing statement showing our interest in the Equipment in all jurisdictions where we may determine filing to be appropriate, and you agree to sign all such documents reasonably related thereto promptly following our request. You will not encumber the Equipment with any mortgage, lien, pledge or other attachment prior to payment in full of the price therefor.
7. CANCELLATIONS AND CHANGES: Orders which have been accepted by us are not subject to cancellation or changes in specification except upon prior written agreement by us and upon terms that will indemnify us against all losses resulting from or arising out of such cancellation or change in specifications. In the absence of such indemnification, we shall be entitled to recover all damages and costs of whatever nature permitted by the Uniform Commercial Code.
8. DEFERRED SHIPMENT: If shipment is deferred at your request, payment of the contract price shall become due when you are notified that the Equipment is ready for shipment. If you fail to make payment or furnish shipping instructions we may either extend the time for so doing or cancel the contract. In case of deferred shipment at your request, storage and other reasonable expenses attributable to such delay shall be payable by you.
9. EQUIPMENT WARRANTY AND REMEDY:
(a) For new Equipment only, we warrant to you that the Equipment that is the subject of this sale is free from defects in design (provided that we have design responsibility), material and workmanship. The duration of this warranty is twelve (12) months from start-up or eighteen (18) months from delivery to you, whichever occurs first (the "Warranty Period"). If you discover within the Warranty Period a defect in design, material or workmanship, you must promptly notify us in writing. Within a reasonable time after such notification, we shall repair, replace, or, at our option, refund you the price of the defective Equipment or part thereof.
(b) For repairs, parts and Services provided by us, we warrant to you that the repairs, parts and Services we provide to you will be free from defects in material and workmanship. The duration of this warranty is ninety (90) days from as applicable (i) the date the Equipment which required the repairs, parts or Services is returned to you by us, (ii) the date of your receipt of the part, or (iii) the date of completion of the repair or other Services, if performed at your facility. If during this ninety day period you discover a defect in the repairs, parts Attachment 1
Alfa Laval USA Inc. Page 20 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
or Services you must promptly notify us in writing and we shall correct such defect with either new or used replacement parts or reperform the Services as applicable. If we are unable to correct the defect after a reasonable number of attempts, we will provide a refund of the price paid for the defective repair, parts or Services.
(c) All warranty service is subject to our prior examination and approval and will be performed by us at your facility or at service centers designated by us. All transportation to and from the designated service center will be at our expense. The remedies set forth above are your exclusive remedies for breach of warranty.
Unless otherwise agreed in writing by us, our warranty extends only to you and is not assignable to or assumable by any subsequent purchaser, in whole or in part, and any such attempted transfer shall render all warranties provided hereunder null and void and of no further force or effect. (d) The warranties set forth above are inapplicable to and exclude any product, components or parts not manufactured by us or covered by the warranty of another manufacturer. We shall have no responsibility for defects, loss or damage to the extent caused by (i) normal wear and tear, (ii) your failure to follow all installation and operation instructions or manuals or to provide normal maintenance, (iii) repairs or modifications by you or by others not under our direct supervision, or (iv) a product or component part which we did not design, manufacture, supply or repair.
(e) DISCLAIMER OF IMPLIED WARRANTIES. THE WARRANTIES SET FORTH ABOVE AND IN SECTION 12 BELOW ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. LIMITATION OF LIABILITY: In no event shall we be liable, and you hereby waive any claims against us and release us from liability to you, for any indirect, special, punitive, incidental, or consequential damages whatsoever based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. In no circumstance, shall we be liable for, however such damages are characterized, loss of profits, loss of savings or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of any substitute Equipment, facilities or services, downtime, or loss of prospective economic advantage. OUR
AGGREGATE LIABILITY FOR FAILURE TO PERFORM, BREACH OF WARRANTY OR BREACH OF OTHER
CONTRACTUAL OBLIGATIONS, NEGLIGENCE, STRICT TORT OR ANY OTHER LEGAL THEORY SHALL
NOT EXCEED THE TOTAL PRICE PAID TO US FOR THE EQUIPMENT OR SERVICES THAT ARE THE SUBJECT OF ANY CLAIM BY YOU.
11. OWNERSHIP: All drawings, designs, specifications, data and other proprietary rights supplied by us (including without limitation in connection with the Equipment) have been prepared or assembled by us and are (and shall remain) exclusively our property, and upon our request you agree to execute any additional documents needed to give effect to the foregoing. Such drawings, designs and specifications have been furnished in order to provide full documentation and on the condition that they shall not be disclosed, reproduced or copied in any manner whatsoever, in whole or in part, except for your internal use as necessary, and upon the further condition that, as our sole property, they shall not be used for furnishing information and/or disclosed, in whole or in part, to others or otherwise for any purpose not specifically authorized in a writing signed by one of our corporate officers.
Attachment 1
Alfa Laval USA Inc. Page 21 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
12. PATENT INFRINGEMENT
(a) We make no express or implied warranties of non-infringement with respect to the Equipment. We will, however, defend, indemnify and hold you harmless from any third party apparatus claims based upon an issued U.S. patent to the extent such claim relates to the Equipment supplied and sold to you; provided, however, that we undertake no indemnification in respect of third-party rights (i) where the alleged patent infringement is based upon or related to any method, process or design claims in third-party U.S. patents, any combination of the Equipment with other equipment not supplied by us, or any modifications of the Equipment made by you and not approved by us, or (ii) to the extent the alleged infringement is directly attributable to the negligence or intentional misconduct of you or otherwise for which you are obligated to indemnify us for under paragraph 12(c).
(b) We shall assume defense of a claim at our expense in accordance with these Terms and Conditions, provided you shall notify us within 30 days of your receipt of notice of an alleged thirdparty claim that you believe would entitle you to patent infringement indemnification pursuant to paragraph 12(a).
You acknowledge and agree that we shall have the sole right to settle or otherwise compromise such a thirdparty claim, including but not limited to the right to either (i) modify the Equipment to avoid infringement if you are agreeable to the modification, (ii) repurchase the Equipment from you at a price equal to the then-current fair market value of the Equipment, or (iii) secure rights by assignment or license to permit continued use of the Equipment.
(c) If a third party charges us with patent infringement relating to Equipment sold by us to you, we shall have the right to either (i) modify the Equipment to avoid infringement if you are agreeable to the modification, (ii) repurchase the Equipment from you at a price equal to the then-current fair market value of the Equipment, or (iii) secure rights by assignment or license to permit continued use of the Equipment. If a third party charges us with patent infringement on the bases set forth in paragraph 12(a)(i) or (ii), you shall indemnify and hold us harmless for all expenses as well as any awards of damage assessed against us, and, without limiting any of our other rights and remedies available at law or in equity, we shall also have the right to modify or repurchase the Equipment or to secure rights for continued use by way of assignment or license as set forth in this paragraph.
13. INSPECTION: Upon prior written notice, you may make reasonable inspections of Equipment at our facility. We reserve the right to determine the reasonableness of the request and to select an appropriate time and location for such inspection. You agree to execute appropriate confidentiality provisions upon our request prior to visiting our facility. All costs of inspection shall be solely determined by us and shall be payable by you. No inspection or expediting by you at the facilities of our suppliers is authorized.
14. SOFTWARE PROVISIONS: If software is provided hereunder (whether such is integrated into the Equipment or otherwise operates alongside the same), you are hereby granted a non-exclusive, nonsublicensable, non-transferable, royalty free license to access and use such software as provided and as intended with our Equipment. Without limiting the foregoing, under the foregoing license you may specifically:
(i) use our software in machine readable object code only and only with the Equipment provided; (ii) copy our software into any machine readable object code form solely for back up purposes in support of your use of our software on the Equipment provided in accordance with these Terms and Conditions; and (iii) create one additional copy of the software for archival purposes only. This license may only be assigned, sublicensed or otherwise transferred by you with our prior written consent. You hereby recognize and acknowledge that the Attachment 1
Alfa Laval USA Inc. Page 22 of 22
Ref. OP-RMC1120-2024
Classified by Alfa Laval as: Business
software provided to you hereunder comprises valuable trade secret and/or copyright property of Alfa Laval (or its licensors) and you covenant that you will take adequate precautions against access to the software by, or disclosure of the software to, anyone not authorized hereunder to use or have access to the software as contemplated herein. The software is subject to the confidentiality obligations set forth below in paragraph 15.
15. CONFIDENTIALITY: Subject to any non-disclosure or confidentiality agreement already in effect between us, any drawings, data, software or other information exchanged between us is proprietary or confidential to us and shall not be used or disclosed by you without our prior written consent. Confidential information shall not be any information that (i) is known previously to you under no obligation of secrecy; (ii) becomes known to the public through no breach of an obligation of secrecy by you; or (iii) is independently developed by you without use or reference to any of the confidential information or materials provided to you by us.
16. INAPPLICABILITY OF CISG: The parties specifically agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any sale or order or the contract between us.
17. GOVERNING LAW & VENUE: These Terms and Conditions and any dispute or claim arising out of or related to an order or the contract between us shall be finally decided in accordance with the laws of the Commonwealth of Virginia, without giving effect to the provisions thereof relating to conflict of laws. You agree that the venue for any such dispute shall lie in the United States District Court for the Eastern District of Virginia, Richmond Division. In the event that federal jurisdiction cannot be established pursuant to 28 U.S.C. §§ 1331 or 1332, the venue for any such dispute shall lie in the Circuit Court of Henrico County, Virginia. You expressly submit and waive any objection to the sole and exclusive jurisdiction of such courts.
18. GENERAL: All previous agreements or understandings between us, either oral or written, with regard to the subject order, with the exception of a pre-existing non-disclosure agreement between us, are void and these Terms and Conditions constitute the entire agreement between us with respect to the matters addressed herein. Neither of us shall assign an order or contract to which these Terms and Conditions apply without the prior written consent of the other party, which consent shall not be unreasonably withheld. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other provision herein. No waiver by either of us of any default or breach by the other party will operate as or be deemed a waiver of any subsequent default or breach.
Attachment 1
Reso No. (CM)
Meeting Date: 121024 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING A SOLE SOURCE PURCHASE WITH
ALFA LAVAL, INC. FOR A MANUFACTURER REBUILD OF ONE
EXISTING BELT PRESS EQUIPMENT AT THE WASTEWATER
TREATMENT FACILITY, IN AN AMOUNT NOT TO EXCEED $305,256;
AND AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE
PURCHASE ORDER PURCHASE ORDER; AND APPROVE A BUDGET
TRANSFER WITHIN THE SEWER ENTERPRISE FUND FOR THE SAME
WHEREAS, bidding requirements and a reference to procedures for the purchase of supplies, equipment, and non-personal contractual services and the sale of personal property are set forth in Chapter 3-5 of the Watsonville Municipal Code; 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, Alfa Laval, Inc. is the sole-source provider to provide a manufacturer’s rebuild of the existing belt press equipment at the Wastewater Treatment Facility (WWTF).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a resolution approving the purchase of equipment 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 rebuild of the existing belt press is available from once source that meets the needs of the City (also known as a sole source purchase).
Reso No. (CM)
Meeting Date: 121024
2 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 § 3-5.10 of the Municipal Code.
4. This sole source purchase of an existing belt press manufacturer rebuild from Alfa Laval, Inc. in an amount not to exceed $305,256 is hereby authorized.
5. That the City Manager is hereby authorized and directed to execute said Purchase Order for and on behalf of the City of Watsonville.
6. That a budget transfer within the Sewer Enterprise Fund, in the amount of $305,256 between budget account 911-7855-14795 to 911-7855-14328 is hereby approved.
********************************
12/5/2024 8:31:25 PM
C:\Program Files\eSCRIBE\TEMP\20312361570\20312361570,,,Report - Muniquip Pump Purchase.docx Agenda Report
MEETING DATE: Tuesday, December 10, 2024
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG
ASST PUBLIC WORKS & UTILITIES DIRECTOR GREEN
WASTEWATER DIVISION MANAGER TELLEZ
SUBJECT: APPROVE A SOLE SOURCE PURCHASE WITH MUNIQUIP, LLC FOR REPLACEMENT OF THREE (3) INFLUENT PUMPS FOR THE
WWTF IN AN AMOUNT NOT TO EXCEED $172,675;
RECOMMENDED ACTION:
Adopt a resolution approving a sole source purchase with Muniquip, LLC for replacement of three (3) influent pumps for the Wastewater Treatment Facility (WWTF) in an amount not to exceed $172,675; and authorizing and directing City Manager to execute purchase order.
BACKGROUND:
The City’s WWTF influent pump station is where all raw sewage from the City and surrounding sewer districts is collected and pumped up to the wastewater treatment process. If the pumps are not functional, there is a potential for a large sewage backup into the environment surrounding the WWTF.
DISCUSSION:
The influent pump station has four large-capacity pumps and one smaller-capacity pump.
Two large capacity pumps are needed at all times under normal operating conditions, with additional pumps needed during wet weather and peak flow events into the treatment plant. One large capacity pump was replaced last year, and two more are showing early signs of failure. A complete failure of the pumps would result in the potential for a large public and environmental health incident. Therefore, ensuring the pump reliability is of utmost importance.
Although a new Headworks and Influent Pump Station replacement project is currently in design, it will likely be several years until the project is completed, assuming State Revolving Fund (SRF) loan or grant funding for the project is attained. In a best-case scenario, the new influent pump station is at least three years away from completion.
Therefore, preventative action is needed now to ensure the existing pump station and pumps remain functional and operational.
12/5/2024 8:31:25 PM
C:\Program Files\eSCRIBE\TEMP\20312361570\20312361570,,,Report - Muniquip Pump Purchase.docx Staff is recommending that Council approve the sole source purchase of a total of three influent pumps from Muniquip, LLC, in an amount not to exceed $172,675 which is the quoted amount plus an allowance of $10,000 for freight, which was excluded but will be charged once shipped. Muniquip is the only supplier that provided a quote for the pumps of the specific type needed to match the other existing influent pumps. Staff also reached out to DXP for a quote, but they confirmed that although they could provide a quote, it would be higher because it would be a pass-through quote from Muniquip, the sole supplier.
STRATEGIC PLAN:
This purchase is consistent with strategic plan goal
2-Infrastructure & Environment
FINANCIAL IMPACT:
There is sufficient budget available in the Sewer Enterprise Fund to cover the cost of this purchase in budget account 530-7324, Repairs & Maintenance of Plant & Equipment ALTERNATIVE ACTION:
No reasonable alternatives are known currently. Council could elect not to approve the purchase, which would leave the influent pumps vulnerable to failure.
ATTACHMENTS AND/OR REFERENCES (If any):
1) Quote from Muniquip, LLC. for purchase of pumps
ESTIMATE
Muniquip LLC
2017 Opportunity Dr STE 4
ROSEVILLE, CA 95678
[email protected]
916-787-5641
Bill to
Laura Calata
WATSONVILLE, CITY OF
CITY OF WATSONVILLE
ATTN: ACCOUNTS PAYABLE
250 Main Street
WATSONVILLE, CA 95076
Ship to
Ruben Tellez
WATSONVILLE, CITY OF
CITY OF WATSONVILLE
500 CLEARWATER LANE
WATSONVILLE, CA 95076
Estimate details
Estimate no.: 26193
Estimate date: 11/14/2024
Estimated Lead Time: 24 weeks
# Product/service Description Quantity Rate Amount
1. Hidrostal - E Hidrostal Motor per SN#113032, 75Hp,
(Max
VFD Hp 66.5Hp) 1180RPM, 1.04SF,
standard oil cooling, 30 meter cable,
460/3/60,
bimetallic thermal switch and internal
moisture probe, motor coated with
reinforced
epoxy coating
2 $54,500.00 $109,000.00
2. Hidrostal - E Suction Bellmouth for H12K, 304 Stainless Steel
1 $7,400.00 $7,400.00
3. Hidrostal - E Hidrostal Motor per SN#274550, 40Hp,
1170RPM, 1.01SF, standard oil cooling,
30 meter cable, 460/3/60, coated with
reinforced epoxy coating
1 $32,500.00 $32,500.00
4. Freight Pre-pay and Add Freight 1 $0.00 $0.00
Note to customer
This proposal is subject to the attached MuniQuip Terms & Conditions and/or the Terms and Conditions of the individual companies MuniQuip has quoted.
Subtotal $148,900.00
Sales tax $13,773.25
Total $162,673.25
Attachment 1
Accepted date Accepted by
Attachment 1
Reso No. (CM)
Meeting Date: 121024 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING A SOLE SOURCE PURCHASE WITH
MUNIQUIP, LLC FOR REPLACEMENT OF THREE (3) INFLUENT
PUMPS, IN AN AMOUNT NOT TO EXCEED $172,675; AND
AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE
PURCHASE ORDER
WHEREAS, bidding requirements and a reference to procedures for the purchase of supplies, equipment, and non-personal contractual services and the sale of personal property are set forth in Chapter 3-5 of the Watsonville Municipal Code; 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, Muniquip, LLC is the only provider able to provide the same type and brand of WWTF influent pumps the City requiresto replace the existing pumps.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a resolution approving the purchase of equipment 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. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Watsonville Municipal Code as a sole source purchase under subdivision (c) of of § 3-5.210.
3. This sole source purchase of three influent pumps from Muniquip, LLC in an amount not to exceed $172,675 is hereby authorized.
Reso No. (CM)
Meeting Date: 121024
2 4. The City Manager is hereby authorized and directed to execute said Purchase Order for and on behalf of the City of Watsonville. ********************************
12/5/2024 1:49:58 PM
C:\Program Files\eSCRIBE\TEMP\13495445294\13495445294,,,Approve Cooperative Agreement with Caltrans regarding construction responsibilities.docx
Agenda Report
MEETING DATE: Tuesday, December 10, 2024
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG
PRINCIPAL ENGINEER THERIOT
SUBJECT: APPROVE COOPERATIVE AGREEMENT NO. 05-0424 WITH
CALTRANS REGARDING CONSTRUCTION OF HARKINS
SLOUGH RD PEDESTRIAN IMPROVEMENTS
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving the Cooperative Agreement No. 05-0424 between Caltrans and the City regarding the construction of the Harkins Slough Rd. Pedestrian Improvements.
BACKGROUND:
Caltrans developed the Harkins Slough Rd construction improvements including the bike/pedestrian bridge. The project was developed by Caltrans and is being handed back to the City to administer the construction phase. The subject Cooperative Agreement assigns all obligations and responsibilities of Caltrans and the City during the Construction Phase.
DISCUSSION:
At its September 28, 2021, meeting, the Watsonville City Council approved a resolution approving a Cooperative Agreement with Caltrans for preparation of plans, specifications and construction cost estimate of a new pedestrian bridge and upgraded bicycle facilities at the Harkins Slough Rd crossing of State Route 1. Caltrans is nearing completion of the construction plans and is preparing for the construction phase of the project. The City will administer the construction contract.
STRATEGIC PLAN:
The project is consistent with the following Strategic Plan Goals:
2-Infrastructure & Environment
5-Public Safety
FINANCIAL IMPACT:
There is no fiscal impact associated with Cooperative Agreement No. 05-0424.
ALTERNATIVE ACTION:
none
ATTACHMENTS AND/OR REFERENCES (If any):
None
1 Reso No. ______ (CM)
Meeting Date: 121024 SWZ ______ TV ______ PW ______
RESOLUTION NO. _____ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING COOPERATIVE AGREEMENT NO. 05-
0425 BETWEEN CALTRANS AND THE CITY OF WATSONVILLE; AND
AUTHORIZING CITY MANAGER TO EXECUTE SAME
WHEREAS, on September 28, 2021, the Council adopted Resolution No. 257-21 (CM), approving Cooperative Agreement 05-0386 between Caltrans and the City of Watsonville for preparation of plans, specifications, and construction cost estimate for the new pedestrian bridge and upgraded bicycle facilities at the Harkins Slough Road crossing of State Route 1 (Project); and
WHEREAS, Caltrans has prepared plans, specifications, and construction cost estimate for Project; and
WHEREAS, the City of Watsonville will administer construction of Project; and WHEREAS, Cooperative Agreement 05-0386 assigns all obligations and responsibilities during construction of Project.
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 approving a cooperative agreement between Caltrans and the City of Watsonville 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 City Manager is hereby authorized and directed to execute said
2 Reso No. ______ (CM)
Meeting Date: 121024 SWZ ______ TV ______ PW ______
Cooperative Agreement 05-0425 for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney. ********************************
Agreement No. 05-0425
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COOPERATIVE AGREEMENT COVER SHEET
Work Description
IN SANTA CRUZ COUNTY AT HARKINS SLOUGH ROAD, CONSTRUCTION IMPROVEMENTS INCLUDING BIKE/PED BRIDGE. THIS PROJECT WAS
DEVELOPED BY CALTRANS AND IS BEING HANDED BACK TO CITY FOR CITY TO MERGE WITH SCOPE. CITY WILL ADVERTISE, AWARD, AND ADMINISTER THE CONSTRUCTION PHASE.
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
MADILYN JACOBSEN, Project Manager
50 Higuera Street
San Luis Obispo, CA 93401
Office Phone: (805) 835-6328
Email: [email protected]
CITY OF WATSONVILLE
Patrice Theriot, Project Manager
250 Main Street
Watsonville, CA 95076
Office Phone: (831) 768-3113
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Table of Contents
COOPERATIVE AGREEMENT COVER SHEET ...........................................................................1 Work Description............................................................................................................................1 Contact Information .......................................................................................................................1 CALTRANS ...............................................................................................................................1 CITY OF WATSONVILLE........................................................................................................1 COOPERATIVE AGREEMENT .......................................................................................................4 RECITALS .........................................................................................................................................4 RESPONSIBILITIES.........................................................................................................................5 Sponsorship ....................................................................................................................................5 Implementing Agency ....................................................................................................................6 Funding...........................................................................................................................................6 CALTRANS' Quality Management................................................................................................7 CEQA/NEPA Lead Agency............................................................................................................7 Environmental Permits, Approvals and Agreements......................................................................7 CONSTRUCTION .........................................................................................................................8 Schedule ....................................................................................................................................... 11 Additional Provisions................................................................................................................... 11 Standards.................................................................................................................................. 11 Noncompliant Work ................................................................................................................. 11 Qualifications ...........................................................................................................................12 Consultant Selection.................................................................................................................12 Encroachment Permits..............................................................................................................12 Protected Resources .................................................................................................................12 Disclosures ...............................................................................................................................12
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Hazardous Materials.................................................................................................................13 Claims.......................................................................................................................................14 Accounting and Audits.............................................................................................................14 Interruption of Work.................................................................................................................15 Penalties, Judgments and Settlements......................................................................................15 Project Files..............................................................................................................................15 Environmental Compliance......................................................................................................15 GENERAL CONDITIONS..............................................................................................................15 Venue ............................................................................................................................................16 Exemptions...................................................................................................................................16 Indemnification ............................................................................................................................16 Non-parties...................................................................................................................................17 Ambiguity and Performance ........................................................................................................17 Defaults ........................................................................................................................................17 Dispute Resolution .......................................................................................................................17 Prevailing Wage............................................................................................................................18 SIGNATURES..................................................................................................................................19
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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Watsonville, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. The project described in this AGREEMENT is, in Santa Cruz County at Harkins Slough Road, construction improvements including bike/ped bridge. This project was developed by CALTRANS and is being handed back to CITY for CITY to merge with scope, for which CITY will advertise, award, and administer the construction phase, and will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Design Engineering Evaluation Report, or Project Report).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
• CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
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PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
• CALTRANS approved the Categorical Exemption (CE) on February 4, 2020 (Cooperative Agreement No. 05-0318).
• CALTRANS is developing the Plans, Specifications, and Estimate (PS&E) (Cooperative Agreement No. 05-0386).
• CALTRANS is developing the Right-of-Way Certification (Cooperative Agreement No. 05-0386).
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.
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PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
9. CITY is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • CITY is the CONSTRUCTION IMPLEMENTING AGENCY.
CONSTRUCTION includes construction contract administration, surveying/staking, inspection, quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget identifies the capital costs of the construction contract/furnished materials (CONSTRUCTION CAPITAL) and the cost of the staff work in support of the construction contract administration (CONSTRUCTION SUPPORT).
11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
Funding
13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.
14. Each PARTY is responsible for the costs they incur in performing the WORK.
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CALTRANS' Quality Management
15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
16. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
18. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.
19. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
CEQA/NEPA Lead Agency
20. CALTRANS is the CEQA Lead Agency for the PROJECT.
21. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
22. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT.
23. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the
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PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.
24. The PROJECT will not require environmental permits/approvals.
CONSTRUCTION
25. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
26. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.20.10.xx Quality Management
27. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.
28. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.
29. CALTRANS will not issue an encroachment permit to CITY for construction work until the following conditions are met:
• CALTRANS accepts the final plans, specifications, and estimate • CALTRANS accepts the Right-of-Way Certification
• Any new or amended maintenance agreements required for the WORK are executed.
30. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications.
31. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract.
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32. CALTRANS will not issue an encroachment permit to CITY's construction contractor until CALTRANS accepts:
• The payment and performance bonds
• The CONSTRUCTION Quality Management Plan
33. The CONSTRUCTION Quality Management Plan (QMP) will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job-site. The construction material and Source Inspection QMP (SIQMP) are subject to review and approval by the State Materials Engineer.
34. The CONSTRUCTION Quality Management Plan will address the radiation safety requirements of the California Code of Regulations 17 CCR § 30346 when the work requires Gamma-Gamma Logging acceptance testing for Cast in Drilled Hole (CIDH) pile or whenever else it is applicable. In accordance with these regulations, CITY, as the "well operator", will have a written agreement with any consultant or external entity performing these tests.
35. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities.
36. CALTRANS will review and concur with:
• Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP).
37. CITY will administer and process all construction contract claims pursuant to the requirements set forth under Public Contract Code, Section 9204. In addition, all public works claims of $375,000 or less shall be resolved in accordance with Public Contract Code Section 20104, et seq. and other applicable laws.
38. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to
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the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System.
39. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System (SHS) within the PROJECT limits as part of the construction contract until the following conditions are met:
• Any required maintenance agreements are executed for the portions of SHS for which relief of maintenance is to be granted.
• CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof.
40. CITY will ensure all necessary maintenance agreements will be executed and/or amended with CALTRANS.
41. Upon WORK completion, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the State Highway System (SHS) within SHS right-of-way as part of WORK become the property of CALTRANS.
CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right-of-way.
42. Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY will furnish CALTRANS with a complete set of "As-Built" plans and Change Orders, including any changes authorized by CALTRANS, using an approved transfer mechanism, such as a CD ROM, flash drive, Filr. The submitted digital files must be completed in accordance with Caltrans specifications, policies, and manuals, including requirements in Sections 2 and 3, of Chapter 17 in the Project Development Procedures Manual, then current CADD User's Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident Engineer's name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer's signature only on the title sheet. The As-Built plans will be in Microstation DGN format, version 8.0. When applicable, the digital submittal must also include high accuracy locating and underground facilities data. In addition, CITY will provide one set of As-Built plans and addenda in TIFF format.
The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents
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and records of surveys prepared to satisfy the requirements of the California Professional Land Surveyors' Act (Business and Professions Code, Sections 8700 – 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, Sections 8762 and 8771, will contain the filing information provided by the county in which filed.
Schedule
43. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
Additional Provisions
Standards
44. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Construction Manual
• Encroachment Permits Manual
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Noncompliant Work
45. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.
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Qualifications
46. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
47. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
48. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
49. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
50. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
51. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the
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written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
52. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
53. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
54. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.
55. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System rightof-way.
56. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.
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57. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.
CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
58. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
Claims
59. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.
60. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
61. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
Accounting and Audits
62. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
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63. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
64. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.
65. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgments and Settlements
66. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.
67. The cost of legal challenges to the environmental process or documentation are considered WORK costs.
68. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Project Files
69. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.
Environmental Compliance
70. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.
GENERAL CONDITIONS
71. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
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Venue
72. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
73. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
74. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, subcontractors, and/or its agents under this AGREEMENT.
75. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
DRAFT Agreement No. 05-0425
Project No.: 0515000037
EA: 05-1G490
05-SCR-1-1.86/2.73
Agreement No. 05-0425 | 05-SCR-1 | EA: 05-1G490
Page | 17
Non-parties
76. PARTIES do not intend this AGREEMENT to create a third- party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT.
PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
77. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
78. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
79. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
80. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
81. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
DRAFT Agreement No. 05-0425
Project No.: 0515000037
EA: 05-1G490
05-SCR-1-1.86/2.73
Agreement No. 05-0425 | 05-SCR-1 | EA: 05-1G490
Page | 18
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
82. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Prevailing Wage
83. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.
DRAFT Agreement No. 05-0425
Project No.: 0515000037
EA: 05-1G490
05-SCR-1-1.86/2.73
Agreement No. 05-0425 | 05-SCR-1 | EA: 05-1G490
Page | 19
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Scott Eades
District Director
Verification of Funds and Authority:
Hannah Cary
Project Control Manager
Certified as to financial terms and policies:
Lai Saephan
HQ Accounting Supervisor
HQ Legal Representative
HQ Legal Rep Title
CITY OF WATSONVILLE
Tamara Vides
City Manager
ATTEST:
____________________________________
Irwin Ortiz
City Clerk
APPROVE AS TO FORM:
____________________________________
Samantha Zutler
City Attorney
1 Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\18571547434\18571547434,,,Resolution - Canvass of Election Council Districts 1 2 6.docx bvf 12/5/2024 6:57:17 PM
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
DECLARING CANVASS OF GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024 FOR THE ELECTION OF COUNCILMEMBERS FOR DISTRICTS 1, 2, AND 6
WHEREAS, the Council of the City of Watsonville, by Resolution No. 123-24 (CM), called a General Municipal Election to be held in the City on November 5, 2024, as required by law, for the object and purpose of electing the following municipal officers of the City of Watsonville:
COUNCIL MEMBERS
Districts 1, 2, and 6 - Four (4) year terms
WHEREAS, the General Municipal Election was held on Tuesday, November 5, 2024, in accordance with law; and
WHEREAS, the votes then were received and canvassed, and the returns were ascertained, and determined; and
WHEREAS, the County Clerk has duly filed with this Council a certification of the result of the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the County Clerk's Certification of the Votes Cast, marked Exhibit “A,” attached hereto and incorporated herein by reference, and on file with the City Clerk, be, and the same is hereby entered upon the minutes of this Council as a statement of the results of the General Municipal Election.
2. That the whole number of votes cast in the City of Watsonville at the General Municipal Election were 14,475 votes.
2 Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\18571547434\18571547434,,,Resolution - Canvass of Election Council Districts 1 2 6.docx bvf 12/5/2024 6:57:17 PM
3. That the list of candidates nominated for Districts 1, 2, and 6 for offices of Council Members for the terms of four (4) years to be filled at the General Municipal Election and the names of the candidates which were set forth in the petitions assembled and filed with the City Clerk as required by law and the number of votes cast in favor of each candidate were as follows:
LIST OF NAMES OF CANDIDATES
BY DISTRICT
NUMBER OF VOTES FOR
CANDIDATES
DISTRICT NO. 1
Eduardo Montesino 1,451
DISTRICT NO. 2
Vanessa Quiroz-Carter 1,348
DISTRICT NO. 6
Jimmy Dutra 1,198
Trina Coffman-Gomez 964
4. That the number of votes cast in each precinct in favor of the full-term candidates is set forth in the County Clerk's Certification of the Votes Cast.
5. That the three (3) candidates receiving the highest number of votes in each district for the three (3) offices of Council Members, were as follows:
LIST OF NAMES OF CANDIDATES
BY DISTRICT
NUMBER OF VOTES FOR
CANDIDATES
DISTRICT NO. 1 (Four year term)
Eduardo Montesino 1,451
DISTRICT NO. 2 (Four year term)
Vanessa Quiroz-Carter 1,348
3 Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\18571547434\18571547434,,,Resolution - Canvass of Election Council Districts 1 2 6.docx bvf 12/5/2024 6:57:17 PM
DISTRICT NO. 6 (Four year term)
Jimmy Dutra 1,198
and they were thereby elected Council Members, and shall hold office for four (4) years from and after the second Tuesday following their election and continuing until their respective successors qualify; and that the City Clerk is hereby authorized to sign and deliver to Eduardo Montesino, Vanessa Quiroz-Carter, and Jimmy Dutra, a Certificate of Election, and to administer to each of the persons the Oath of Office prescribed in the Constitution of the State of California.
********************************
Statement of Vote
Photo by Tom Fisk
November 5, 2024 Presidential General Election
Tricia Webber, Santa Cruz County Clerk
701 Ocean St., Room 310
Santa Cruz, CA 95060
831-454-2060 / 1-866-282-5900
831-454-2445 (FAX)
www.votescount.santacruzcountyca.gov
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
1 Reso No. ______ (CM)
Meeting Date: 121124 SWZ ______ TV ______ CC ______
RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE CONFIRMING AND APPROVING THE CANVASS OF
RETURNS AND RESULT OF GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 5, 2024, ON WHETHER TO AMEND THE CITY OF
WATSONVILLE CHARTER TO REMOVE VOTER REGISTRATION
REQUIREMENTS FOR SERVICE ON ALL CITY BOARDS AND
COMMISSIONS (MEASURE V)
WHEREAS, the Council of the City of Watsonville, by Resolution No. 123-24 (CM), called a General Municipal Election to be held in the City on November 5, 2024, as required by law, for the purpose of submitting to the qualified electors of the City a measure on whether to amend the City of Watsonville Charter to remove voter registration requirements for service on all City boards and commissions; and WHEREAS, the General Municipal Election was held on November 5, 2024, in accordance with law, and the votes received and canvassed and the returns thereof ascertained, determined, and declared in all respects as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the City Clerk of the City of Watsonville be and is hereby instructed to enter this Resolution on the minutes of this Council as a statement of the results of the General Municipal Election. The City Clerk of the City of Watsonville is also directed to carry out all tasks necessary to comply with Government Code and Elections Code provisions regarding adoption of Charter revisions.
2. That the whole number of votes cast in the City at the General Election was 14,475 votes.
2 Reso No. ______ (CM)
Meeting Date: 121124
3. That at the General Municipal Election the following measure was submitted to the electors of the City and the number of votes given in the City for and against the measure (including absentee votes) were as follows:
Measure No. V:
Shall the measure amending the Charter of the City of Watsonville to modify the eligibility requirement for appointment to all Boards and Commissions created pursuant to the Watsonville Charter from registered voter to resident of the City of Watsonville be adopted?
Yes 7,539 No 5,440
4. That the total number of votes cast in each precinct in favor of and against the measure is set forth in the County Clerk's Certification of the Votes Cast, marked Exhibit “A” and attached hereto and incorporated herein by reference.
5. That all absent voter ballots have been duly received and canvassed in the time, form and manner as required by law.
6. That a majority of all of the votes cast at the General Municipal Election on Measure V, were in favor of said measure, and the measure passed. ********************************
Statement of Vote
Photo by Tom Fisk
November 5, 2024 Presidential General Election
Tricia Webber, Santa Cruz County Clerk
701 Ocean St., Room 310
Santa Cruz, CA 95060
831-454-2060 / 1-866-282-5900
831-454-2445 (FAX)
www.votescount.santacruzcountyca.gov
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
1 Reso No. ______ (CM)
Meeting Date: 121124 SWZ ______ TV ______ CC ______
RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE CONFIRMING AND APPROVING THE CANVASS OF
RETURNS AND RESULT OF GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 5, 2024, TO SUBMIT TO THE VOTERS ON WHETHER
TO AMEND THE CITY OF WATSONVILLE CHARTER TO CLARIFY
STAFF POSITIONS AND REFERENCES TO CITY REGULATIONS,
CLARIFY REQUIREMENTS REGARDING ORDINANCE PUBLICATION
AND HIRING ATTORNEYS, UPDATE QUALIFICATIONS AND DUTIES
OF CITY MANAGER, MODIFY COUNCIL MEETING REQUIREMENTS,
ALLOW THE COUNCIL TO SET COMPENSATION FOR PLANNING
COMMISSIONERS, MAKE THE BOARD OF LIBRARY TRUSTEES A
COMMISSION, ALLOW COUNCIL MEMBERS TO RECEIVE
EMPLOYMENT BENEFITS, ADJUST THE MAYOR’S SALARY, AND
REMOVE OR REVISE PROVISIONS TO BE CONSISTENT WITH
CURRENT LAW (MEASURE W)
WHEREAS, the Council of the City of Watsonville, by Resolution No. 123-24 (CM), called a General Municipal Election to be held in the City on November 5, 2024, as required by law, for the purpose of submitting to the qualified electors of the City an Ordinance to amend the City of Watsonville Charter; and WHEREAS, the General Municipal Election was held on November 5, 2024, in accordance with law, and the votes received and canvassed and the returns thereof ascertained, determined, and declared in all respects as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the City Clerk of the City of Watsonville be and is hereby instructed to enter this Resolution on the minutes of this Council as a statement of the results of the General Municipal Election. The City Clerk of the City of Watsonville is also directed to carry out all tasks necessary to comply with Government Code and Elections Code
2 Reso No. (CM)
Meeting Date: 121124
provisions regarding adoption of Charter revisions. 2. That the whole number of votes cast in the City at the General Election was 14,475 votes.
3. That at the General Municipal Election the following measure was submitted to the electors of the City and the number of votes given in the City for and against the measure (including absentee votes) were as follows:
Measure No. W:
Shall the measure amending the Charter of Watsonville to clarify staff positions and references to City regulations, clarify requirements regarding ordinance publication and hiring attorneys, update qualifications and duties of City Manager, modify Council meeting requirements, allow the Council to set compensation for Planning Commissioners, make the Library Board a Commission, allow Councilmembers to receive employment benefits, adjust the Mayor’s salary, and remove or revise provisions to be consistent with current law be adopted? Yes 7,705 No 5,402
4. That the total number of votes cast in each precinct in favor of and against the measure is set forth in the County Clerk's Certification of the Votes Cast, marked Exhibit “A” and attached hereto and incorporated herein by reference.
5. That all absent voter ballots have been duly received and canvassed in the time, form and manner as required by law.
6. That a majority of all of the votes cast at the General Municipal Election on Measure W, were in favor of said measure, and the measure passed. ********************************
Statement of Vote
Photo by Tom Fisk
November 5, 2024 Presidential General Election
Tricia Webber, Santa Cruz County Clerk
701 Ocean St., Room 310
Santa Cruz, CA 95060
831-454-2060 / 1-866-282-5900
831-454-2445 (FAX)
www.votescount.santacruzcountyca.gov
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
12/5/2024 8:28:06 PM
C:\Program Files\eSCRIBE\TEMP\2028397628\2028397628,,,Report - ADA Slope Variance Ramsay Park .docx Agenda Report
MEETING DATE: Tuesday, December 10, 2024
TO: City Council
FROM: PARKS & COMMUNITY SERVICES DIRECTOR CALUBAQUIB
SR. UTILITIES ENGINEER BERRY
SUBJECT: APPROVE VARIANCE TO MUNICIPAL CODE SECTION 7-6.400
TO ALLOW CONSTRUCTION OF ADA COMPLIANT TRAIL AT
THE RAMSAY PARK RENIASSANCE PROJECT, NO. PK-22-01
RECOMMENDED ACTION:
It is recommended that the City Council adopt a resolution approving a variance to municipal code section 7-6.400 to allow construction of an ADA compliant trail on the east side of the Ramsay Renaissance Project, No. PK-22-01.
BACKGROUND:
Resolution No.229-23 authorized the Parks and Community Services Department to advertise the Ramsay Renaissance project for bid. During the bidding process, staff determined that the eastern trail between the park and Watsonville slough should be upgraded from its existing condition to an ADA compliant trail with new asphalt pavement.
A revised detail was generated and incorporated into the bid documents. Bids were received on March 13, 2024, and the project was awarded to Robert A. Bothman per Resolution No. 45-24 (CM). A Notice to Proceed was issued on June 3, 2024, for construction to begin.
The project, during its design phase, required CEQA review. This review generated numerous conditions of approval for environmental compliance that needed to be met during construction. The project location next to the Watsonville slough was a source of many of these conditions. To monitor the conditions, the CEQA design consultant was retained to ensure compliance. It was at this time they noted that the revised plans for the eastern trail, in efforts to make the trail ADA compliant, encroached into the environmentally sensitive area of the slough, requiring a 404 Fish and Wildlife permit. These permits can take up to a year to review, with no assurance the required design would be approved.
Staff, not wanting to delay the project, requested a redesign of the grading for the trail. The design consultant along with the project geotechnical engineer, provided a detail that utilizes geotextile fabric to build up the required elevation of the path while avoiding extensive grading into the sensitive slough area. However, this design conflicts with one section of the City’s Municipal Code regarding earthwork.
12/5/2024 8:28:06 PM
C:\Program Files\eSCRIBE\TEMP\2028397628\2028397628,,,Report - ADA Slope Variance Ramsay Park .docx DISCUSSION:
Watsonville Municipal Code Section 7-6.4 states that cut slopes shall be no steeper than three (3) horizontals to one (1) vertical (3:1). This condition is included in the Code because Watsonville soils that are not engineered or reinforced tend to fail at slopes steeper than 3:1. The proposed design calls for the native soils to be regraded and reinforced with engineered geotextile fabric to stabilize the area and allow for slopes as steep as 1:1. Per the design of the proposed path, with the engineered geotextile fabric, the slope is now 1:1 and 1:1.5 so that the trail does not encroach into the section of the slough that requires permitting. The elevation changes from the top of the path to the toe of the steeper slope does not exceed 5’ in height, and the length of the steeper slope is approximately 80 lineal feet.
Per section 7-6.314 of the Municipal Code, staff requests a variance from section 7-
6.400(a), allowing a steeper slope than the required 3:1 to allow for the path east of the Sotomayor Soccer Field, next to Watsonville Slough, to be reconstructed as an ADA compliant path.
This would provide a path that provides a continuous accessible loop around and through Ramsay Park. We believe this to be a tremendous benefit to the community. Staff requests the City Council provide a resolution approving this variance to the earthwork section of the Municipal code, as allowed in section 7-6.314.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
An Initial Study/Mitigated Negative Declaration was prepared for the project, in accordance with the provisions of the California Environmental Quality Act (CEQA) to disclose the potential impacts of a project and suggest methods to minimize those impacts. The Zoning Administrator, in the exercise of his/her independent judgment as the decision-maker of the City of Watsonville for this project, found there is no substantial evidence that the project will have a significant effect on the environment and a Mitigated Negative Declaration has been prepared for the project in accordance with Public Resources Code section 21080(c).
A Mitigation Monitoring and Reporting Program (MMRP) was also prepared for the project, in accordance with CEQA Guidelines section 15074 to ensure all identified mitigation measures are incorporated as conditions of approval.
EMC Planning Group, Inc. (“EMC”) completed the 2022 Ramsay Park Renaissance Project CEQA Initial Study/Mitigated Negative Declaration (IS/MND) and evaluated the scope of work for the proposed eastern trail referenced in this staff report. EMC Planning Group, Inc. has determined the proposed redesign of the eastern trial does not alter the conclusions of the 2022 Ramsay Park Renaissance Project CEQA determination and no new impacts would occur with approval of the ADA slope variance. This conclusion is also supported by EMC’s biologist, Patrick Furtado, who concluded the new design keeps the path sufficiently away from the adjacent riparian habitat and its construction will not impact this sensitive natural resource. It is EMC’s recommendation that no changes to the MND are necessary and therefore no addendum is required.
12/5/2024 8:28:06 PM
C:\Program Files\eSCRIBE\TEMP\2028397628\2028397628,,,Report - ADA Slope Variance Ramsay Park .docx STRATEGIC PLAN:
This recommendation is consistent with the following Council Strategic Goals:
2- Infrastructure & Environment: Renovation of significant City infrastructure 6- Community Engagement & Well-Being: Parks support community well-being FINANCIAL IMPACT:
There will be a minor financial impact on the change, as the ADA compliant trail as originally redesigned is already part of the contract.
ALTERNATIVE ACTION:
The Council may choose not to grant this variance. In which case, the trail would still be constructed but would not be ADA compliant.
ATTACHMENTS AND/OR REFERENCES (If any):
None
Reso No. (CM)
Meeting Date: 121024 SWZ ______ TV ______ PCS ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING VARIANCE TO SECTION 7-6.400
(DESIGN STANDARDS FOR EXCAVATIONS) OF THE WATSONVILLE
MUNICIPAL CODE TO ALLOW CONSTRUCTION OF ADA COMPLIANT
TRAIL ON THE EAST SIDE OF THE RAMSAY PARK RENAISSANCE
PROJECT, NO. PK-22-01; AND AUTHORIZING CITY MANAGER TO
EXECUTE SAME
WHEREAS, on December 12, 2023, the City Council adopted Resolution No. 229- 23 (CM), approving plans and specifications for the Ramsay Park Renaissance Project, No. PK-22-01 and authorized calling for bids; and
WHEREAS, an Initial Study/Mitigated Negative Declaration was prepared for the project, in accordance with the provisions of the California Environmental Quality Act (CEQA) to disclose the potential impacts of a project and suggest methods to minimize those impacts; and
WHEREAS, the Zoning Administrator, in the exercise of his/her independent judgement as the decision-maker of the City of Watsonville for this project, found there is no substantial evidence that the project will have a significant effect on the environment and a Mitigated Negative Declaration has been prepared for the project in accordance with Public Resources Code section 21080(c); and
WHEREAS, an Administrative Use Permit and Design Review Permit with Environmental Review (PP2022-4245) was approved for the Ramsay Park Renaissance Project on August 16, 2023, by the Community Development Department; and
Reso No. (CM)
Meeting Date: 121024 2
WHEREAS, a Mitigation Monitoring and Reporting Program (MMRP) has also been prepared for the project, in accordance with CEQA Guidelines section 15074 to ensure all identified mitigation measures are incorporated as conditions of approval; and WHEREAS, on March 26, 2024, the City Council adopted Resolution 45-24 (CM), awarding a construction contract to Robert A Bothman Inc., dba Robert A Bothman Construction, for the Ramsay Park Renaissance Project, No. PK-22-01, in the amount of $24,530,000; and
WHEREAS, permit No. 2024-8171 reflects a change order to modify the eastern pedestrian path for the Ramsay Park Renaissance Project, No. PK-22-01, that is adjacent to the Watsonville Slough to become ADA assessable; and WHEREAS, the grading for the eastern pedestrian path would require Clean Water Act Section 401 Water Quality Permit for encroaching into Watsonville Slough, as part of compliance with biological mitigation measure eleven known as Impacts to Riparian or Wetland Areas Permitting; and
WHEREAS, per section 7-6.314 (Variances) of the Watsonville Municipal Code, a variance is hereby requested from section 7-6.400(a), to allow for a steeper slope than the required three to one (3:1) slope for the eastern pedestrian path, adjacent to Watsonville Slough, to be reconstructed as an ADA compliant path; and WHEREAS, a variance from provisions of Municipal Code Section 7-6.400 is in the best interest of the City to allow for an ADA compliant trail on the eastern path of the Ramsay Park Renaissance Project, No. PK-22-01.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
Reso No. (CM)
Meeting Date: 121024 3
1. A variance is approved to Municipal Code Section 7-6.400 to allow construction of an ADA compliant trail at the Ramsay Park Renaissance Project No. PK22-01 in the form on file in the Office of the City Clerk.
2. An Initial Study/Mitigated Negative Declaration was prepared for the project, in accordance with the provisions of the California Environmental Quality Act (CEQA) to disclose the potential impacts of a project and suggest methods to minimize those impacts.
3. The Zoning Administrator, in the exercise of his/her independent judgment as the decision-maker of the City of Watsonville for this project, found there is no substantial evidence that the project will have a significant effect on the environment and a Mitigated Negative Declaration has been prepared for the project in accordance with Public Resources Code section 21080(c).
4. A Mitigation Monitoring and Reporting Program (MMRP) was also prepared for the project, in accordance with CEQA Guidelines section 15074 to ensure all identified mitigation measures are incorporated as conditions of approval.
5. EMC Planning Group, Inc. (“EMC”) completed the 2022 Ramsay Park Renaissance Project CEQA Initial Study/Mitigated Negative Declaration (IS/MND) and also evaluated the scope of work for the proposed ADA Variance Slope on the East Side of the Ramsay Park Renaissance Project, and determined the proposed redesign of the eastern trial does not alter the conclusions of the 2022 Ramsay Park Renaissance Project CEQA determination and no new impacts would occur with approval of the ADA slope variance.
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