Watsonville City Council
January 14, 2025

3 Reso No. ______ (CM)
Meeting Date: 011425

4. That the Contract Change Order No. 3 between the City of Watsonville and Robert A Bothman Construction, a copy of which Change Order, is attached hereto and incorporated herein by this reference is hereby approved.

5. The City Manager is hereby authorized and directed to execute said Change Order for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
*******************************

CITY OF WATSONVILLE
Parks and Community Services Department
CONTRACT CHANGE ORDER NO: #3
Project Name: Ramsay Renaissance Project City Project No: PK 22-01 Contract No: #3014
Project Location: 1301 Main Street
Watsonville, CA 95076
To: Robert A. Bothman, Inc.

You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described in the contract plans and specifications. All new work herein described shall be done in accordance with the applicable provisions of the contract plans and specifications, except as specifically modified by this contract change order.

NOTE: This change order is not effective until approved by the Director of Parks and Community Services Department Change requested by: Project Manager
Description of Work:
11/25/24 Bothman RFC #15 / ASI 22 Revised detail for Multi-Use Field $587,708.10 Cost for implementation of ASI 22, which revised and clarified details for the infrastructure for the Multi-Use Field. Existing subgrade at the field proved to be of unsuitable material. As a result, 12" of existing material needed to be removed and replaced with recycled baserock. In addition, the consultant expanded the waterproofing details to ensure the infrastructure for the synthetic turf receives minimum moisture. This resulted in added labor and material cost..

Total of Change Order No. 3 $587,708.10
The Original Contract Sum Was: $24,530,000.00
Net Change by Previously Authorized Change Orders $130,905.28 The Contract Sum Prior to this Change Order was $24,660,905.28 The Contract Sum will be increased by this change Order(s) in the Amount of $587,708.10 The New Contract Sum Including this Change Order will be $25,248,613.38 By reason of this order the time of completion will
be adjusted as follows: 0 days
Approved: Approved:

Project Manager Date Director of Parks Date
and Community Services
Approved: Approved:

Director of Administrative Services Date City Manager Date

We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work specified, and accept the prices listed above as full payment for all labor, equipment, materials, overhead and profit required to perform the above described change.

Date Accepted Contractor
By Title
Lito S. Umali
Digitally signed by Lito S. Umali
DN: C=US, [email protected],
O=Robert A. Bothman Construction,
OU=Sr. Project Manager, CN=Lito S. Umali
Date: 2024.12.26 09:09:05-08'00'
Robert A. Bothman, Inc. Lito S. Umali Sr. Project Manager

1/9/2025 12:30:15 PM
C:\Program Files\eSCRIBE\TEMP\1230756004\1230756004,,,Report - Contract Amendment Kimley-Horn Harkins Slough Bridge .docx Agenda Report
MEETING DATE: Tuesday, January 14, 2025
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG

PRINCIPAL ENGINEER THERIOT
SUBJECT: APPROVE THIRD CONTRACT AMENDMENT WITH KIMLEY-HORN

AND ASSOCIATES FOR DESIGN SERVICES IN THE AMOUNT OF
$30,000, TOTAL NOT TO EXCEED $120,020
RECOMMENDED ACTION:

Adopt a resolution approving the Third Amendment to the contract with Kimley-Horn and Associates, Inc for design and construction document preparation services for the Highway 1 and Harkins Slough Rd Pedestrian Bridge and Safe Routes to School Improvements Project, amending the contract compensation and adding $30,000 for a contract total amount of $120,020.

BACKGROUND:

On September 17, 2021, the City approved the contract between the City of Watsonville and Kimley-Horn and Associates, Inc. for design and construction document preparation services for the Highway 1 and Harkins Slough Rd Pedestrian Bridge and Safe Routes to School Improvements Project, in an amount not to exceed $90,020.00.

DISCUSSION:

The City applied for and was approved for an Active Transportation Program (ATP) grant to widen Harkins Slough Rd. overpass over Highway 1 and construct safety improvements at Pajaro Valley High School feeder schools. These safety improvements include curb ramp replacement and striping improvements. Kimley-Horn and Associates have entered into a contract with the City of Watsonville to develop design and construction documents for these safety improvements at the feeder schools. The additional compensation included in this contract amendment will allow for completion of the construction documents.

The Third Amendment to the Contract will amend the contract compensation for a contract total of $120,000. Staff recommends approving the Third Amendment to the Contract with Kimley-Horn, Inc. for design and construction document preparation services for the Highway 1 and Harkins Slough Rd Pedestrian Bridge and Safe Routes to School Improvements Project.

1/9/2025 12:30:15 PM
C:\Program Files\eSCRIBE\TEMP\1230756004\1230756004,,,Report - Contract Amendment Kimley-Horn Harkins Slough Bridge .docx STRATEGIC PLAN:

This project is consistent with the following strategic plan goal:
2-Infrastructure & Environment
5-Public Safety
FINANCIAL IMPACT:

The First and Second Amendments had no cost associated with them. The cost of the Third Amendment is not to exceed $30,000.

There are sufficient funds in the approved Fiscal Year 24/25 Measure D Fund in budget account 0312-972-7837-14859.

ALTERNATIVE ACTION:

None
ATTACHMENTS AND/OR REFERENCES (If any):

None

Reso No. (CM)
Meeting Date: 011425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING THIRD AMENDMENT TO CONTRACT

BETWEEN THE CITY OF WATSONVILLE AND KIMLEY-HORN AND
ASSOCIATES, INC., A CORPORATION, FOR DESIGN AND

CONSTRUCTION DOCUMENT PREPARATION SERVICES FOR THE
HIGHWAY 1 AND HARKINS SLOUGH ROAD PEDESTRIAN BRIDGE
AND SAFE ROUTES TO SCHOOL IMPROVEMENTS PROJECT;
AMENDING THE CONTRACT COMPENSATION AND ADDING $30,000;

AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO

EXECUTE SAME
WHEREAS, on September 17, 2021, the City executed a Consultant Services Contract to provide Design and Construction Document Preparation Services for the Highway 1 and Harkins Slough Rd Pedestrian and Safe Routes to School Improvements Project, in an amount not to exceed $90,020; and
WHEREAS, on July 31, 2023, the City executed the First Amendment to Contract, and extending the term of the contract to June 30, 2024; and WHEREAS, on November 7, 2024, the City executed the Second Amendment to Contract, and extending the term of the contract to June 30, 2024; and WHEREAS, the Third Amendment to Contract will increase the contract compensation by $30,000 for a contract total amount of $120,020.

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 Kimley-Horn and Associates, Inc., a corporation, for design and construction document preparation services for the Highway 1 and Harkins Slough Rd Pedestrian Bridge and Safe Routes to School Improvements Project does not meet CEQA's definition of a “project,” because the action does not have

Reso No. (CM)
Meeting Date: 011425 2
the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. This Third Amendment to Contract between the City of Watsonville and Kimley-Horn and Associates, Inc., a corporation, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.

3. The City Manager is hereby authorized and directed to execute said Third Amendment for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and City Attorney.
**************************************

THIRD AMENDMENT TO CONSULTANT SERVICES

CONTRACT BETWEEN THE CITY OF WATSONVILLE
AND KIMLEY-HORN AND ASSOCIATES, INC.

THIS THIRD AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and Kimley-Horn and Associates, Inc. (“Consultant”) this day of . The City and Consultant
agree as follows:

RECITALS
WHEREAS, City and Consultant have previously executed a Consultant Services Contract to provide Design and Construction Document Preparation Services for the Highway 1 and Harkins Slough Rd Pedestrian Bridge and Safe Routes to School Improvements Project dated September 17, 2021; and
WHEREAS, the original contract was in the amount of $90,020.00 with an expiration date of June 30, 2023; and
WHEREAS, a Request for Proposals (RFP) was issued on May 17, 2021, asking for qualified consulting engineers to assist the City for project design services, with the deadline for submittal of Request for Proposals on June 8, 2021; and WHEREAS, the First Amendment of the Contract for Consultant Services extended the term of the contract to June 30, 2024; and WHEREAS, the Second Amendment of the Contract for Consultant Services extended the term of the contract to June 30, 2025; and WHEREAS, Public Works staff contacted Consultant and requested a proposal for Design and Construction Document Preparation Services, and the proposal was reviewed and accepted by Public Works and Utilities Administration; and WHEREAS, the Third Amendment of the Contract for Consultant Services is inthe best interest of the City of Watsonville.

Docusign Envelope ID: 0A6BF05D-532A-4591-81E3-3C0EA9DF24B9

NOW, THEREFORE, the City and the Consultant agree that the Contract shall be amended as follows:

Section 4 is hereby amended to read:
"Section 4 and Exhibit "C" both entitled "Compensation" of the Contract, are hereby amended to provide an additional amount of compensation of Thirty Thousand Dollars ($30,000) for a Total Contract Amount not-to-exceed $120,020.”
All other terms and conditions of the Contract dated September 17, 2021, as amended, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Consultant Services Contract the day and year first hereinabove written.

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
KIMLEY-HORN AND ASSOCIATES, INC.

By______________________________
Matthew D. Weir, P.E., Vice President
Docusign Envelope ID: 0A6BF05D-532A-4591-81E3-3C0EA9DF24B9

1/9/2025 6:47:42 PM
C:\Program Files\eSCRIBE\TEMP\18473978186\18473978186,,,Report - Caltrans Co-op Agreement 05-0386A1 1st Amendment.docx Agenda Report
MEETING DATE: Tuesday, January 14, 2025
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG

PRINCIPAL ENGINEER THERIOT
SUBJECT: APPROVE CO-OP AGREEMENT AMENDMENT NO. 1 WITH

CALTRANS FOR PS&E PREPARATION IN THE AMOUNT OF
$321,000 AND APPROPRIATE FUNDS FROM EAST HIGHWAY 1

AREA IMPACT FEE FUND
STATEMENT OF ISSUES:

The project development of improved pedestrian and bicycle facilities on Harkins Slough Road at Highway 1 required a cooperative agreement with Caltrans. Approval of Amendment No. 1 to this agreement will fund the completion of the plans, specifications, and estimate.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution approving Amendment No. 1 to the Cooperative Agreement in the amount of $321,000 and increase the total agreement amount to $3,468,000 and appropriate $321,000 from the East Highway 1 Area Impact Fee Fund.

BACKGROUND:

At its September 28, 2021, meeting, the Watsonville City Council approved Resolution 257-21 (CM) directing staff to execute a Cooperative Agreement with Caltrans for the preparation of plans, specifications, and construction cost estimate of a new pedestrian bridge and updated bicycle facilities at the Harkins Slough Road crossing of State Highway 1. The Cooperative Agreement was for an amount not to exceed $3,147,000.

The Caltrans design team has prepared plans for a bridge widening to accommodate the additional pedestrian and bicycle facilities. Due to unforeseen site conditions, there have been changes during the design of the bridge widening project. The additional funds in the Cooperative Agreement will allow the plans and specifications to be completed. The City will utilize their plans and specifications to bid and construct the project.

DISCUSSION:

The design team explored more design iterations than planned, due to existing utility conflicts and therefore require additional funds to complete the plans and specifications.

1/9/2025 6:47:42 PM
C:\Program Files\eSCRIBE\TEMP\18473978186\18473978186,,,Report - Caltrans Co-op Agreement 05-0386A1 1st Amendment.docx Caltrans is requesting the increased amount of local funds to complete the Plans, Specifications, and Estimates (PS&E) phase of work due to the project's overall delay in completing the utility relocation work and achieving the Final Design, updating the project to meet Caltrans 2024 Specifications and Standards, incorporation of one additional retaining wall on the north side of the structure, and collecting the traffic count data for completion of the Design Standard Decision Document (DSDD). Additionally, there has been some additional involvement by the District's Environmental and Landscape Architectural teams to coordinate the Tree Removal required for the utility relocation, review of the Coastal Development Permit Exemption, and re-validate the Environmental document with consideration of the Final Plans.

STRATEGIC PLAN:

The project is consistent with the Strategic Plan
2-Infrastructure & Environment
5-Public Safety
FINANCIAL IMPACT:

The Cooperative Agreement Amendment No. 1 will cost $321,000. The following appropriation shall fund this increase:

From FUND To Account Amount
0344 East Highway 1 Area Impact
Fees
0344-944-7837-
14859 $321,000.00
There is adequate fund balance to cover the appropriation.

ALTERNATIVE ACTION:

No reasonable alternatives are known at this time.

ATTACHMENTS AND/OR REFERENCES (If any):
1) Cooperative Agreement between the City and Caltrans, executed October 6, 2021

Reso No. 257-21 (CM)
P:\COUNCIL\2021\092821\Coop Agrmt Harkins Slough Pedestrian Bridge.docx ri 9/29/2021 4:24:14 PM
1 RESOLUTION NO. 257-21 (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING COOPERATIVE AGREEMENT
(AGREEMENT 05-0386) BETWEEN THE CALIFORNIA DEPARTMENT

OF TRANSPORTATION (CALTRANS) AND THE CITY OF

WATSONVILLE FOR PREPARATION OF PLANS, SPECIFICATIONS,

AND A CONSTRUCTION COST ESTIMATE FOR THE NEW PEDESTRIAN

BRIDGE AND UPGRADED BICYCLE FACILITIES AT THE HARKINS
SLOUGH ROAD CROSSING OF STATE ROUTE 1, FOR AN AMOUNT
NOT TO EXCEED $3,147,000; AUTHORIZING A BUDGET
APPROPRIATION OF $2,629,000 FROM THE EAST HIGHWAY 1 AREA IMPACT FEE FUND; AND AUTHORIZING AND DIRECTING THE CITY

MANAGER TO EXECUTE SAME
Rescinds Resolution No. 216-21 (CM)
WHEREAS, on August 24, 2021, the Council adopted Resolution No. 216-21 (CM) approving Cooperative Agreement with the California Department of Transportation (Caltrans) for preparation of plans, specifications, and a construction cost estimate for the new pedestrian bridge and upgraded bicycle facilities at the Harkins Slough Road Crossing of State Route 1; and
WHEREAS, Caltrans informed City staff that the Cooperative Agreement adopted by Council on August 24th was not the most current and a new Agreement must be approved.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. That the Cooperative Agreement (Agreement 05-0386) between the California Department of Transportation (Caltrans) and the City of Watsonville for the preparation of plans, specifications, and a construction cost estimate for the new pedestrian bridge and upgraded bicycle facilities at the Harkins Slough Road crossing of DocuSign Envelope ID: 5B07D0B9-EC6F-4FC4-875F-C31D85EF7795 Attachment 1

Reso No. 257-21 (CM)
P:\COUNCIL\2021\092821\Coop Agrmt Harkins Slough Pedestrian Bridge.docx ri 9/29/2021 4:24:14 PM
2 State Route 1, a copy of which Agreement is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby ratified and approved.

2. That the budget appropriation of $2,629,000 from the East Highway 1 Area Impact Fee Fund [0344] is hereby authorized.

3. That the City Manager is hereby authorized and directed to execute the Agreement for and on behalf of the City of Watsonville. *****************************************
DocuSign Envelope ID: 5B07D0B9-EC6F-4FC4-875F-C31D85EF7795 Attachment 1

Reso No. 257-21 (CM)
P:\COUNCIL\2021\092821\Coop Agrmt Harkins Slough Pedestrian Bridge.docx ri 9/29/2021 4:24:14 PM
3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Watsonville, held on the 28th day of September , 2021, by Member García , who moved its adoption, which motion being duly seconded by Member Estrada , was upon roll call carried and the resolution adopted by the following vote:

AYES: COUNCIL MEMBERS: Estrada, García, Hurst, Montesino, Parker, Dutra
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
____________________________
Jimmy Dutra, Mayor
ATTEST:
_____________________________
City Clerk
_______________________
Date
APPROVED AS TO FORM:
_____________________________
City Attorney
************************************
I, Beatriz Vázquez Flores, City Clerk of the City of Watsonville, do hereby certify that the foregoing Resolution No. 257-21 (CM) was duly and regularly passed and adopted by the Watsonville City Council at a meeting thereof held on the 28th day of September , 2021, and that the foregoing is a full, true and correct copy of said Resolution. ________________________________
Beatriz Vázquez Flores, City Clerk
Date__________________________
DocuSign Envelope ID: 5B07D0B9-EC6F-4FC4-875F-C31D85EF7795 9/30/2021 | 11:45 AM PDT
9/30/2021 | 11:45 AM PDT
Attachment 1

Agreement 05-0386
Project No. 0515000037
EA 1G490
05-SCR-1-1.86/2.73

COOPERATIVE AGREEMENT COVERSHEET
Work Description
IN SANTA CRUZ COUNTY AT HARKINS SLOUGH ROAD. CONSTRUCT IMPROVEMENTS

AND BIKE/PED BRJDGE
Contact Information

CALTRANS
Heidi Borders, Project Manager
50 Higuera Street
San Luis Obispo, CA 93401
Office Phone: (805)549-3716
Mobile Phone: (805)441-0321
Email: [email protected]

CITY OF WATSONVILLE
Maria Esther Rodriguez, Assistant Director of Public Works 250 Main Street
Watsonville, CA 95076
Office Phone: (831)768-3112
Project Development Agreement 2017-02-17 (Created April 6, 2021) Attachment 1

Cover Sheet
Table of Contents
AGREEMENT 05-0386
Project No. 0515000037
COOPERATIVE AGREEMENT ......................................................................................................... 1 RECITALS ........................................................................................................................................... 1 RESPONSIBILITIES ........................................................................................................................... 3 Sponsorship ...................................................................................................................................... 3 Implementing Agency ...................................................................................................................... 3 Funding ............................................................................................................................................ 4 CAL TRANS' Quality Management ................................................................................................ 5 CEQA Lead Agency ........................................................................................................................ 5 Environmental Permits, Approvals and Agreements ....................................................................... 5 Plans, Specifications, and Estimate (PS&E) .................................................................................... 6 RIGHT-OF-WAY ............................................................................................................................ 6 Schedule ........................................................................................................................................... 7 Additional Provisions ....................................................................................................................... 8 Standards ...................................................................................................................... · ............... 8 Qualifications .............................................................................................................................. 8 Consultant Selection .................................................................................................................... 8 Encroachment Permits ...............................................................•................................................. 8 Protected Resources .................................................................................................................... 9 Disclosures .................................................................................................................................. 9 Hazardous Materials .................................................................................................................. 10 Claims ........................................................................................................................................ 11 Accounting and Audits .............................................................................................................. 11 Interruption of Work ................................................................................................................. 12 Penalties, Judgements and Settlements ..................................................................................... 13 Project Files ................................................................................... , ............................................ 13 Environmental Compliance ....................................................................................................... 13 GENERAL CONDITIONS ................................................................................................................ 13 Venue ............................................................................................................................................. 14 Exemptions ............... ·.::.·············································································································14 Indemnification .............................................................................................................................. 14 Non-parties ..................................................................................................................................... 15 Ambiguity and Performance .......................................................................................................... 15 Defaults .......................................................................................................................................... 15 Project Development Agreement 2017-02-17 (Created April 6, 2021) ii Attachment 1

Cover Sheet AGREEMENT 05-0386
Project No. 0515000037
Dispute Resolution ......................................................................................................................... 15 Prevailing Wage ............................................................................................................................. 16 SIGNATURES .................................................................................................................................... 17 FUNDING SUMMARY No. 01 ........................................................................................................... 1 FUNDING TABLE .......................................................................................................................... 1 SPENDING SUMMARY ................................................................................................................ 2 Funding ............................................................................................................................................ 1 ICRP Rate .................................................................................................................................... 1 Invoicing and Payment ..................................................................................................................... 1 Plans, Specifications, and Estimate (PS&E) ............................................................................... 2 RIGHT-OF-WAY Support .......................................................................................................... 2 RIGHT-OF-WAY Capital ........................................................................................................... 2 CLOSURE STATEMENT .................................................................................................................... 2 Project Development Agreement 2017-02-17 (Created April 6, 2021) 111 Attachment 1

COOPERATIVE AGREEMENT
Agreement 05-0386
Project No. 0515000037
EA 1G490
05-SCR-1-1.86/2.73
This AGREEMENT, executed on and effective from Oct 6, 2021 , 1s -------------- 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 per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, in Santa Cruz County at Harkins Slough Road.

Construct improvements and Bike/Ped bridge 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, Permit Engineering Evaluation Report, or Project Report).

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY
Each PROJECT COMPONENT is defined in the CAL TRANS W orkplan Standards Guide as a distinct group of activities/products in the project planning and development process.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 1 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037

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.

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 ifthere 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 on February 4, 2020 (Cooperative Agreement No. 05-0318).
• CALTRANS completed the Project Initiation Document on January 24, 2017 (Cooperative Agreement No. 05-0297).
• CALTRANS completed the Project Report on June 30, 2020 (Cooperative Agreement No. 05-0318).

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.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 2 of 17 Attachment 1

RESPONSIBILITIES
Sponsorship
Agreement 05-03 86
Project No. 0515000037

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is respc;msible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

PROJECT changes, as described in the CAL TRANS 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. • CALTRANS is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. • CALTRANS is the RIGHT OF WAY IMPLEMENTING AGENCY
RIGHT OF WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; the acquisition of right-of-way interests; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT OF WAY component budget identifies the cost of the capital costs ofright-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).

11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. 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 CAL TRANS review and approval.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 3 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037

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. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.

PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT.

14. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT.

If an IMPLEMENTING AGENCY anticipates that funding for the WORK will be insufficient to complete the WORK, the IMPLEMENTING AGENCY will promptly notify the SPONSOR.

15. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

16. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 4 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037
CALTRANS' Quality Management

18. 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.

19. 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 CAL TRANS due to its QMA.

20. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CAL TRANS policies and guidance and as indicated in this AGREEMENT.

21. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CAL TRANS' quality management work.

CEOA Lead Agency

22. CALTRANS is the CEQA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

23. PARTIES 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 each PARTY's responsibilities in this AGREEMENT.

24. 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 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.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 5 of 17 Attachment 1

25. The PROJECT requires the following environmental permits/approvals:

Agreement 05-0386
Project No. 051500003 7

ENVIRONMENTAL PERMITS/REQUIREMENTS
Coastal Development Permit, California Coastal Commission Plans, Specifications, and Estimate {PS&E)

26. As the PS&E IMPLEMENTING AGENCY, CAL TRANS is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

27. CITY will be responsible for completing the following PS&E activities:

CAL TRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT Funded Cost
260 Contract Bid Document Ready to List No
265 Awarded and Approved Construction Contract No

28. CALTRANS will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.

29. CAL TRANS will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CAL TRANS' policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

RIGHT-OF-WAY

30. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CALTRANS is responsible for all RIGHT-OF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

31. The California Transportation Commission is responsible for hearing am:l adopting Resolutions of Necessity.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 6 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037

32. CAL TRANS will provide Right-of-Way Certification prior to PROJECT advertisement.

33. 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.

34. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES mutually agree to other arrangements in writing.

Schedule

35. PARTIES will manage the WORK schedule to ensure the timely use of obligated 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.

36. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written quarterly progress reports during the completion of the WORK.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 7 of 17 Attachment 1

Additional Provisions
Standards
Agreement 05-0386
Project No. 0515000037

37. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHW A) standards; and CAL TRANS standards. CAL TRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CAL TRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• W orkplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
Qualifications

38. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection
3 9. CITY will invite CAL TRANS to participate in the selection of any consultants that participate in the WORK.

Encroachment Permits

40. 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 in their name. CAL TRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CAL TRANS 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.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 8 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037

41. CITY will issue any encroachment permits that are necessary for WORK within its jurisdiction and outside the State Highway System right-of-way. CITY will provide encroachment permits to CALTRANS, its contractors, consultants and agents, at no cost.

42. 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

43. 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 CAL TRANS approves a plan for its removal or protection.

Disclosures

44. 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 6254.5( e) 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 written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

45. 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.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 9 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037
Hazardous Materials

46. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of 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.
4 7. If HM-1 or HM-2 is found the discovering PAR TY will immediately notify all other PARTIES.

48. 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 will pay, or cause to be paid, the cost ofHM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.

49. 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 will pay, or cause to be paid, the cost ofHM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.

50. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2, MANAGEMENT within the PROJECT limits.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 10 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037
CITY and CAL TRANS 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 CAL TRANS 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 CAL TRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

51. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.

Claims

52. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.

53. 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.

54. 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

55. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 11 ofl 7 Attachment 1

Agreement 05-0386
Project No. 0515000037

56. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.

PARTIES will retain all WORK-related records for three (3) years after the final voucher.

PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.

57. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.

CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.

The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.

The auditing PAR TY will be permitted to make copies of any WORK-related records needed for the audit.

The audited PAR TY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days ofreceipt.

Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.

Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.

58. 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,1 and Audit Requirements for Federal A wards as defined in 2 CPR, Part 200.

59. 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 o(Work

60. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT rightof-way in a safe and operable condition acceptable to CALTRANS.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 12 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037

61. IfWORK 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, Judgements and Settlements

62. The cost of awards, judgements, or settlements generated by the WORK are to be paid from the funds obligated in this AGREEMENT.

63. The cost of legal challenges to the environmental process or documentation may be paid from the funds obligated in this AGREEMENT.

64. 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.

Proiect Files

65. CITY will furnish CAL TRANS 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 prepare the Project History File in accordance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and on a CD ROM in PDF format.

Environmental Compliance

66. 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. J ROAD REP AIR AND ACCOUNTABILITY ACT OF 2017 (SB 1)

67. PARTIES will meet the requirements of The Road Repair and Accountability Act of 2017 (SB 1), Chapter 5, Statutes of 2017, California Transportation Commission (CTC) SBl Accountability and Transparency Guidelines and the CTC's Active Transportation Program (ATP) guidelines.

GENERAL CONDITIONS

68. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 13 of 17 Attachment 1

Venue
Agreement 05-0386
Project No. 0515000037

69. 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 CAL TRANS 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

70. All CAL TRANS' obligations 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

71. Neither CAL TRANS 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 CAL TRANS and all of their 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, sub-contractors, and/or its agents under this AGREEMENT.

72. 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 CAL TRANS, 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 CAL TRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their 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 CAL TRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 14 of 17 Attachment 1

Non-parties
Agreement 05-03 86
Project No. 0515000037

73. PAR TIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities 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.

74. 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

75. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PAR TY. PAR TIES waive the provisions of California Civil Code, Section 1654.

A waiver of a P ARTY's performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

76. 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

77. 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

78. 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 CAL TRANS 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. PAR TIES 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.

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.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 15 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037
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.

79. PAR TIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage

80. When WORK falls within the Labor Code § l 720(a)(l) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PAR TIES will conform to the provisions of Labor Code § § 1 720-1815, 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.

IfWORK 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 DavisBacon 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.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 16 of 17 Attachment 1

Agreement 05-0386
Project No. 0515000037

SIGNATURES
PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a separate counterpart, each of which when so executed and delivered shall constitute an original and all of which taken together shall constitute one and the same instrument.

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
Timothy M. Gubbins
District Director
Verification of funds and authority:

Cheryl Berry
Resource Manager
Certified as to financial terms and policies:

Gina Schumacher
HQ Accounting Supervisor
Project Development Agreement 2017-02-17 (Created April 6, 2021)

CITY OF WATSONVILLE
tv1qft Huffa/0r Matt Huffaker (Sep 30, 202116:23 PDT}
Matthew Huffaker
City Manager
Attest:
~
Beatriz Vasquez Flores
City Clerk
Approved as to form and procedure:

AUi& 1~ Srtt#fv Alan Joseph Smith(Sep30, 202115:43 PDT} Alan J. Smith
City Attorney
17 of 17 Attachment 1

FUNDING SUMMARY NO. 01

FUNDING TABLE
IMPLEMENTING AGENCY➔ ICAL TRANS
Source Party Fund Type PS&E
Totals 2,444,000
Project Development Agreement 2017-02-17 (Created April 6, 2021)

CALTRANS
R/W

SUPPORT
185,000
R/W
CAPITAL Totals
s1s,0001 3,147,ooo
AGREEMENT 05 - 0386
Project No. 0515000037
EA 1G490
05-SCR-1-1.86/2. 73
Attachment 1 1 of 4

FUNDING SUMMARY No. 01

SPENDING SUMMARY
PS&E R/W Support
Fund Type CAL TRANS I CITY CAL TRANS I CITY
Totals 2,444,000 0 185,000
Project Development Agreement 2017-02-17 (Created April 6, 2021)

IR/W CAPITAL

CALTRANS
0 518,000
~-~ !
Totals
AGREEMENT 05 - 03 86
Project No. 0515000037
3,147,000
Attachment 1 2 of4

FUNDING SUMMARY No. 01
Funding
AGREEMENT 05 - 0386
Project No. 0515000037

1. If there are insufficient funds available in this AGREEMENT to place the PROJECT rightof-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.

That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.

2. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.

Each PARTY may request reimbursement for these costs during the amendment process.

ICRP Rate

3. The cost of any engineering support performed by CAL TRANS includes all direct and applicable indirect costs. CAL TRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.

In accordance with California Senate Bill 848, the Administration Rate is capped at 10 percent until July 1, 2021, for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements.

Invoicing and Payment

4. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 3 of4 Attachment 1

AGREEMENT 05 - 0386
Project No. 0515000037

5. If CITY has received EFT certification from CAL TRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.

6. CAL TRANS will draw from state and federal funds that are provided by CITY without invoicing CITY when CAL TRANS administers those funds and CAL TRANS has been allocated those funds by the CTC and whenever else possible.

7. When a PAR TY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.

Plans, Specifications, and Estimate (PS&E)

8. CALTRANS will invoice CITY for a $125,000 initial deposit after execution of this AGREEMENT and forty-five (45) working days prior to the commencement of PS&E expenditures. This deposit represents two (2) months' estimated costs.

Thereafter, CAL TRANS will invoice and CITY will reimburse for actual costs incurred and paid.

RIGHT-OF-WAY Support

9. CALTRANS will invoice CITY for a $15,000 initial deposit after execution of this AGREEMENT and forty-five (45) working days prior to the commencement ofR/W SUPPORT expenditures. This deposit represents two (2) months' estimated costs.

Thereafter, CAL TRANS will invoice and CITY will reimburse for actual costs incurred and paid.

RIGHT-OF-WAY Capital

10. CAL TRANS will invoice and CITY will reimburse for actual costs incurred and paid.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 4 of 4 Attachment 1

FUNDING SUMMARY No. 01 AGREEMENT 05 - 0386
Project No. 0515000037

CLOSURE STATEMENT INSTRUCTIONS

1. Did PAR TIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT?

YES /NO

2. Did CAL TRANS accept and approve all final deliverables submitted by other PARTIES?
YES/NO

3. Did the CAL TRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed?

YES /NO

4. If construction is involved, did the CAL TRANS District Project Manager verify that all claims and third party billings (utilities, etc.) have been settled before termination of the AGREEMENT?

YES /NO

5. Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents?
YES/NO
If ALL answers are "YES", this form may be used to TERMINATE this AGREEMENT.

Project Development Agreement 2017-02-17 (Created April 6, 2021) 1 of2 Attachment 1

AGREHv'IENT 05 - 0386
Project No. 0515000037

CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 05-0386 and any amendments to the agreement. The final signature date on this document terminates agreement 05-0386 except survival articles. All survival articles in agreement 05-0386 will remain in effect until expired by law, terminated or modified in writing by the PAR TIES' mutual agreement, whichever occurs earlier.

The people signing this agreement have the authority to do so on behalf of their public agencies.

This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a separate counterpart, each of which when so executed and delivered shall constitute an original and all of which taken together shall constitute one and the same instrument.

The PARTIES acknowledge that executed copies of this AGREEEMENT 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
District Director
Date:

Certified as to all financial
obligations/terms and policies
Resource Manager
Date:

Project Development Agreement 2017-02-17 (Created April 6, 2021)

CITY OF WATSONVILLE
City Manager
Date:
2 of2
Attachment 1

Reso No. (CM)
Reference: Reso No. 257-21 (Amend)
Meeting Date: 011425
1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING COOPERATIVE AGREEMENT
AMENDMENT NO. 1 (AGREEMENT 05-0386A1) BETWEEN THE CITY

OF WATSONVILLE AND THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION (CALTRANS) FOR PREPARATION OF PLANS,

SPECIFICATIONS, AND A CONSTRUCTION COST ESTIMATE FOR THE

NEW PEDESTRIAN BRIDGE AND UPGRADED BICYCLE FACILITIES AT THE HARKINS SLOUGH ROAD CROSSING OF STATE ROUTE 1;
ADDING $321,000 AND INCREASING THE TOTAL AGREEMENT
AMOUNT TO $3,468,000; AND AUTHORIZING A BUDGET
APPROPRIATION OF $321,000 FROM THE EAST HIGHWAY 1 AREA
IMPACT FEES FUND [0344]; AND AUTHORIZING AND DIRECTING THE

CITY MANAGER TO EXECUTE SAME
WHEREAS, on September 28, 2021, the City Council adopted Resolution No. 257- 21 (CM) approving the Cooperative Agreement between the City of Watsonville and the California Department of Transportation (Caltrans) for preparation of plans, specifications, and a construction cost estimate for the new pedestrian bridge and upgraded bicycle facilities at the Harkins Slough Road crossing of State Route 1 in an amount not to exceed $3,147,000; and
WHEREAS, due to existing utility conflicts, additional funds are required for completion of the plans, specifications and construction cost estimate.

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 executing Cooperative Agreement Amendment No. 1 with CALTRANS does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is

Reso No. (CM)
Reference: Reso No. 257-21 (Amend)
Meeting Date: 011425
2 exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the Cooperative Agreement Amendment No. 1 (Agreement 05-0386 A1) between the City of Watsonville and Caltrans for the preparation of plans, specifications, and a construction cost estimate for the new pedestrian bridge and upgraded bicycle facilities at the Harkins Slough Road crossing of State Route 1, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.

3. That the budget appropriation of $321,000 from the East Highway 1 Area Impact Fee Fund [0344] is hereby authorized.

4. The City Manager is hereby authorized and directed to execute said Amendment No. 1, for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney. **************************************

FUNDING SUMMARY No. 02 AGREEMENT 05 - 0386 A1
Project No. 0515000037
Project Development Agreement 2017-02-17 (Created November 21, 2024) i

COOPERATIVE AGREEMENT COVER SHEET
Funding Summary Amendment – Funding Summary No. 02
Agreement Amendment No. 01
Work Description
IN SANTA CRUZ COUNTY AT HARKINS SLOUGH ROAD. CONSTRUCT

IMPROVEMENTS AND BIKE/PED BRIDGE
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
Murray Fontes, Assistant Director of Public Works
250 Main Street
Watsonville, CA 95076
Office Phone: (831)768-3112

AGREEMENT 05 - 0386 A1
Project No. 0515000037
Project Development Agreement 2017-02-17 (Created November 21, 2024) ii Table of Contents
AMENDMENT No. 01...............................................................................................................1 FUNDING SUMMARY No. 02..................................................................................................1 FUNDING TABLE ................................................................................................................1 SPENDING SUMMARY.......................................................................................................1 Funding ..................................................................................................................................2 Invoicing and Payment ...........................................................................................................3 Plans, Specifications, and Estimate (PS&E) .......................................................................3 RIGHT-OF-WAY Support.................................................................................................3 RIGHT-OF-WAY Capital..................................................................................................3 Signatures...............................................................................................................................4

AGREEMENT 05 - 0386 A1
Project No. 0515000037
Project Development Agreement 2017-02-17 (Created November 21, 2024) iii Please note:

1. Caltrans administered funds must be expended proportionally with all other funds. All project funds must be shown in the Funding Summary. Local funds committed to the project cannot be omitted from the funding summary.

AGREEMENT 05 - 0386 A1
Project No. 0515000037
Project Development Agreement 2017-02-17 (Created November 21, 2024) 1 of 4 AMENDMENT NO. 01
FUNDING SUMMARY NO. 02

1. PARTIES, in accordance with the provisions of this AGREEMENT, hereby amend this AGREEMENT by replacing Funding Summary No. 01 in its entirety with Funding Summary NO. 02.

2. Funding Summary No. 2 - Add $318,000 in local funds for PS&E work (Caltrans) • Administratively correct total R/W Capital funds available to align with total ATP awarded amount ($521,000);
• Amended total of Cooperative Agreement increase = $321,000 FUNDING TABLE v. 12
IMPLEMENTING AGENCY→ CALTRANS CALTRANS
Source Party Fund Type PS&E R/W

SUPPORT
R/W
CAPITAL Totals
STATE CITY State ATP 0 0 521,000 521,000
LOCAL CITY Local 2,762,000 185,000 0 2,947,000
Totals 2,762,000 185,000 521,000 3,468,000
SPENDING SUMMARY v 221
PS&E R/W Support R/W

CAPITAL
Fund Type CALTRANS CITY CALTRANS CITY CALTRANS Totals
State ATP 0 0 0 0 521,000 521,000
Local 2,762,000 0 185,000 0 0 2,947,000
Totals 2,762,000 0 185,000 0 521,000 3,468,000

AGREEMENT 05 - 0386 A1
Project No. 0515000037
Project Development Agreement 2017-02-17 (Created November 21, 2024) 2 of 4 Funding

3. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.

That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.

4. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.

Each PARTY may request reimbursement for these costs during the amendment process.

5. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.

In accordance with California law, the Administration Rate is capped at 10 percent for SelfHelp Counties with a countywide sales tax measure dedicated to transportation improvements.

6. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.

AGREEMENT 05 - 0386 A1
Project No. 0515000037
Project Development Agreement 2017-02-17 (Created November 21, 2024) 3 of 4 Invoicing and Payment

7. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.

8. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.

9. CALTRANS will draw from state and federal funds that are provided by CITY without invoicing CITY when CALTRANS administers those funds and CALTRANS has been allocated those funds by the CTC and whenever else possible.

10. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.

Plans, Specifications, and Estimate (PS&E)

11. CALTRANS will invoice CITY for a $125,000 initial deposit after execution of this AGREEMENT and forty-five (45) working days prior to the commencement of PS&E expenditures. This deposit represents two (2) months’ estimated costs.

Thereafter, CALTRANS will invoice and CITY will reimburse for actual costs incurred and paid.

RIGHT-OF-WAY Support

12. CALTRANS will invoice CITY for a $15,000 initial deposit after execution of this AGREEMENT and forty-five (45) working days prior to the commencement of R/W SUPPORT expenditures. This deposit represents two (2) months’ estimated costs.

Thereafter, CALTRANS will invoice and CITY will reimburse for actual costs incurred and paid.

RIGHT-OF-WAY Capital

13. No invoicing or reimbursement will occur for the R/W CAPITAL PROJECT COMPONENT.

AGREEMENT 05 - 0386 A1
Project No. 0515000037
Project Development Agreement 2017-02-17 (Created November 21, 2024) 4 of 4 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
Date:

Hannah Cary
Project Control Manager
Lai Saephan
HQ Accounting

CITY OF WATSONVILLE
Tamara Vides
City Manager
Date

1/9/2025 6:57:25 PM
C:\Program Files\eSCRIBE\TEMP\18572265652\18572265652,,,Report - 1st Amendment MNS WWTF Electrical.docx Agenda Report
MEETING DATE: Tuesday, January 14, 2025
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG

ASST PUBLIC WORKS & UTILITIES DIRECTOR GREEN
SUBJECT: APPROVE FIRST CONTRACT AMENDMENT WITH MNS
ENGINEERS, INC. FOR DESIGN SERVICES THROUGH

CONSTRUCTION FOR THE WWTF ELECTRICAL SYSTEM
HAZARD MITIGATION IMPROVEMENTS PROJECT, NO. WW-22-
14797, AND EXTENDING TERM OF COMPLETION
RECOMMENDED ACTION:

Adopt a resolution approving a First Amendment to the contract with MNS Engineers, Inc. for the Wastewater Treatment Facility (WWTF) Electrical System Hazard Mitigation Improvements Project design services through construction, amending the scope of work and increasing the contract compensation in the amount of $175,534 for revised total contract amount not to exceed $529,879, extending the contract term of completion to December 31, 2027; and authorizing City Manager to execute said First Amendment.

BACKGROUND:

On March 8, 2022, the Council adopted Resolution No. 40-22 (CM), awarding a contract to MNS Engineers, Inc. in an amount not to exceed $354,345 for the electrical engineering design of the Wastewater Treatment Facility (WWTF) Electrical System Hazard Mitigation Improvements Project, No. WW-22-14797. The project has begun construction, requiring added design scope and services through construction.

DISCUSSION:

Over the course of design, additional design scope was required to deliver a complete bid package including updated front end contract specifications and added design costs due to the project requiring a rebid and extended bid and award period. Additional design services including field visits by the structural engineer on-site during key points in the construction phase of the project were determined to be required, as well as extending the contract completion date to cover the full duration of the project.

MNS Engineers, Inc. provided an amended scope of services and cost proposal for this added scope of work, increasing the contract amount by $175,534, for a revised total contract amount not to exceed $529,879. The project's rebid has also required the

1/9/2025 6:57:25 PM
C:\Program Files\eSCRIBE\TEMP\18572265652\18572265652,,,Report - 1st Amendment MNS WWTF Electrical.docx extension of this contract term to December 31, 2027. Staff, therefore, recommends approval of this First Amendment with MNS Engineers, Inc. for the WWTF Electrical System Hazard Mitigation Improvements Project design services through construction.

STRATEGIC PLAN:

This contract amendment is consistent with strategic plan goal:
2-Infrastructure & Environment
FINANCIAL IMPACT:

There is sufficient budget available in the Sewer Enterprise Fund budget number 911- 7855-14797.

ALTERNATIVE ACTION:

No reasonable alternatives are known at this time.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

Reso No. (CM)
Reference: Reso No. 40-22 (CM) (Amend)
Meeting Date: 011425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING FIRST AMENDMENT TO CONTRACT
BETWEEN THE CITY OF WATSONVILLE AND MNS ENGINEERS, INC.,

A CORPORATION, FOR DESIGN SERVICES THROUGH

CONSTRUCTION FOR THE WWTF ELECTRICAL SYSTEM HAZARD
MITIGATION IMPROVEMENTS PROJECT, NO WW-22-14797,

AMENDING THE SCOPE OF WORK, ADDING TO THE COMPENSATION
AMOUNT BY $175,534 AND EXTENDING THE TERM OF THE
CONTRACT FROM JANUARY 31, 2025 TO DECEMBER 31, 2027; AND

DIRECTING CITY MANAGER TO EXECUTE SAME
WHEREAS, on March 8, 2022, the City Council adopted Resolution No. 40-22 (CM) approving a Contract for Consultant Services with MNS Engineers, Inc., a corporation, for design services for the Wastewater Treatment Facility (WWTF) Electrical System Hazard Mitigation Improvements Project No. WW-22-14797; and WHEREAS, the original contract not to exceed amount was $354,345 with an expiration date of January 31, 2025; and
WHEREAS, § 3-5.170 of the Municipal Code provides that amendments to contracts that reasonably relate to the scope of the original contact, are based on postaward information that requires modifications of the contract based on unforeseen conditions and were originally approved by Council shall be approved by Council; and WHEREAS, this First Amendment to Contract will add to the scope of work, and increase the contract amount by $175,534, for a revised total contract amount not to exceed $529,879 and extend the term of completion to December 31, 2027; and WHEREAS, no CEQA action is required with the approval of this item as the project’s Notice of Exemption was recorded with the Santa Cruz County Clerk of the Board on July 17, 2023.

Reso No. (CM)
Reference: Reso No. 40-22 (CM) (Amend)
Meeting Date: 011425
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. That the First Amendment to Contract between the City of Watsonville and MNS Engineers, Inc., a corporation, a copy of which First Amendment is attached hereto and incorporated herein by this reference is hereby approved.

2. That the City Manager is hereby authorized and directed to execute said First Amendment for and on behalf of the City of Watsonville, with minor revisions that may be approved by the City Manager and the City Attorney. ********************************

1 FIRST AMENDMENT TO CONSULTANT SERVICES CONTRACT

BETWEEN THE CITY OF WATSONVILLE
AND MNS ENGINEERS, INC.

THIS FIRST AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and MNS Engineers, Inc. (“Consultant”) this ______ day of __________________, 20___. The City and Consultant agree as follows:

RECITALS
WHEREAS, City and Consultant have previously executed a Consultant Services Contract to revise the Wastewater Treatment Facility (WWTF) Electrical System Hazard Mitigation Improvements Project Design services dated March 11, 2022; and WHEREAS, the original contract was in the amount of $354,345.00 with an expiration date of December 31, 2024;
WHEREAS, a Request for Proposal (RFP) was issued on March 19, 2021, asking for qualified consultants to assist the City with civil engineering design and consulting services on the WWTP Main Swithchgear and Standby Power Replacement Project; and WHEREAS, the City has added additional tasks to the work program of the Consultant causing additional cost and time to the project completion; and WHEREAS, the First Amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.

NOW, THEREFORE, the City and the Consultant agree that the Contract shall be amended as follows:

Section 1 is hereby amended to add the following:

Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

2 "Section 1. Scope of Services. In addition to the performance of those services specified in detail in Exhibit "A" of the Contract, Consultant shall perform the additional services specified in detail in Exhibit "1," entitled FIRST AMENDMENT TO SCOPE OF SERVICES, which is attached hereto and incorporated herein."
Section 2 is hereby amended the following:
"Section 2. TERM OF CONTRACT. The term of this Contract shall be from March 1, 2022 through December 31, 2027”.

Section 4 is hereby amended to read:
"Section 4 and Exhibit "C" both entitled "Compensation" of the Contract, are hereby amended to provide an additional amount of compensation of One Hundred Seventy Five Thousand Five Hundred Thirty Four Dollars ($175,534) for professional services.

All other terms and conditions of the Contract dated March 11, 2022, as amended, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Services Contract the day and year first hereinabove written.

CITY OF WATSONVILLE MNS ENGINEERS, INC.

By___________________________ By______________________________ Tamara Vides, City Manager Nick Panofsky, Vice President

ATTEST:

By___________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:

By____________________________
Samantha W. Zutler, City Attorney
Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

EXHIBIT "1"

FIRST AMENDMENT TO SCOPE OF SERVICES
The scope of services is as follows for City of Watsonville Wastewater Treatment Plan Main Switchgear and Standby Power Replacement Project – Proposal for Construction Phase Services. Letter for proposal from MNS Engineers, Inc. to Principal Engineer Green for proposed scope and fee associated with the continued construction phase support for the Project.
• Attachment: Letter for proposal from MNS Engineers, Inc.

Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

ENGINEERING | SURVEYING | CONSTRUCTION MANAGEMENT
2025 Gateway Place, Suite 328
San Jose, CA 95110
408.610.4202 Ph
City of Watsonville, Public Works and Utilities
Attention: Danielle Green, PE, Principal Engineer
250 Main Street
Watsonville, CA 95076
SUBJECT: City of Watsonville Wastewater Treatment Plant Main Switchgear and Standby Power Replacement Project – Proposal for Construction Phase Services Dear Ms. Green,
MNS Engineers, Inc. (MNS) appreciates being selected to provide Consulting Civil Engineering services for the Wastewater Treatment Plant Main Switchgear and Standby Power Replacement Project (Project) based on our proposal dated April 16, 2021. The City of Watsonville (City) is proceeding with construction of the Project.

Construction began in November of 2024 and is expected to be completed in October of 2027. MNS’ current contract is expiring on January 31, 2025, therefore, this letter includes proposed scope and fee associated with continued construction phase support for the Project. MNS will continue to be supported by our subconsultants, Buehler Engineering (proposal attached) for structural engineering and Cole Breit Engineering for mechanical engineering.

Project Scope
MNS proposes the following scope of work to provide engineering services for the Project. A description of the anticipated work for each task follows.

Task 1. Project Management
Task 1.1. Project Management
Project Manager, Tyler Hunt, PE, QSD, will be responsible for the coordination of the internal Project team including subconsultants and overall administration of the contract for MNS. He will continuously monitor the Project schedule and budget to ensure milestones are met, the Project budget is maintained, and the final product meets the expectations of the City.

Tyler will coordinate with the City’s Project Manager, Construction Manager, internal Project team, and Beecher Engineering to ensure open lines of communication are maintained and City staff are up to date on the status and progress of the Project as it relates to MNS provided services. Frequent phone calls and email updates will be sent from Tyler to the City Project Manager, as well as other forms of communication as appropriate including video conferences to discuss key Project issues.

Tyler will prepare a monthly invoice with supporting documentation in a format acceptable to the City. Invoice amounts will be detailed by the tasks described herein.

Deliverables: Monthly Invoices
Task 7. Engineering Support Services During Construction Our staff will support the City through the remainder of the construction process as described in the following subtasks. Construction items related to the electrical design will be reviewed separately by the electrical engineer.

December 17, 2024
Attachment: Letter of Proposal
Pg. 1 of 8
Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

City of Watsonville
Attention: Danielle Green, PE, Principal Engineer
PAGE 2
Task 7.1. Construction Meetings
MNS’ Project Manager and Project Engineer will attend the pre-construction meeting. We have also budgeted for the MNS Project Manager and Project Engineer to attend up to 40 weekly 1-hour construction meetings.

Task 7.2. Submittal Review
MNS will review the contractor’s shop drawings and submittals for conformance with the project drawings and specifications. For budgeting purposes, we have assumed 60 submittals with 30 requiring re-submittal will be reviewed. We will prepare a Shop Drawing Review Letter (SDRL) for each submittal and maintain a Submittal Log.

We have assumed all submittals and SDRLs will be transmitted electronically.

Task 7.3. Respond to RFIs/RFCs
MNS will prepare responses to requests for information/clarification (RFI/RFCs) forwarded by the City from the contractor, or develop recommendations based on changed field conditions. We have assumed responses will be prepared for a total of 30 RFIs/RFCs.

Task 7.4. Record Drawings
MNS will prepare record drawings based on a single consolidated set of City and contractor red-line drawings provided by the City. Record drawings will be prepared using the latest version of AutoCAD and will be transmitted to the City within four weeks of receipt of red-line drawings. We will provide electronic versions of the record drawings in both AutoCAD and Adobe PDF format.

Deliverables: SDRLs, responses to RFIs/RFCs, Record drawings Task 8. Additional Services (Optional)
Task 8.1. Additional Services (Optional)
MNS has allocated additional budget to cover costs associated with additional services as requested by the City during the Project. Services to be completed under this Task will only be performed upon written authorization from the City.

Compensation
MNS proposes to perform the services described herein for a not-to-exceed fee estimate of $175,534. A breakdown by task is provided in the following table. A detailed fee proposal spreadsheet is provided as an attachment. All fees are in accordance with the current MNS Standard Fee Schedule, also provided as an attachment.

Task Fee
Task 1—Project Management $12,800
Task 7—Engineering Support During Construction $146,734 Task 8 – Additional Services (Optional) $20,000
Total $175,534
Conclusion
We look forward to the opportunity to continue providing services to the City in support of the delivery of the Wastewater Treatment Plant Main Switchgear and Standby Power Replacement Project. Please contact me at Attachment: Letter of Proposal
Pg. 2 of 8
Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

City of Watsonville
Attention: Danielle Green, PE, Principal Engineer
PAGE 3
[email protected] or 805.788.8013 with any questions you may have or to schedule a meeting. Thank you for your consideration.

Sincerely,
MNS Engineers, Inc.

Tyler Hunt, P.E., QSD
Project Manager
Attachments: MNS Standard Fee Schedule
Detailed Fee Proposal Spreadsheet
Buehler Proposal
Attachment: Letter of Proposal
Pg. 3 of 8
Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

20 25 STANDARD SCHEDULE OF FEES

PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge...............................$360
Senior Project/Program Manager......340
Project/Program Manager....................290
Assistant Project/Program Manager 270
Senior Project Coordinator...................205
Project Coordinator.................................175

ENGINEERING
Principal Engineer..................................$320 Lead Engineer............................................ 285 Supervising Engineer.............................. 270
Senior Project Engineer......................... 250
Project Engineer........................................ 220 Associate Engineer .................................. 200 Assistant Engineer.................................... 185

SURVEYING
Principal Surveyor..................................$295 Lead Surveyor............................................ 285 Supervising Surveyor.............................. 242
Senior Project Surveyor......................... 220
Project Surveyor........................................ 195 Associate Project Surveyor................... 185
Assistant Project Surveyor.................... 170
Party Chief (PW)........................................ 200 Chainperson (PW) .................................... 170 One-Person Survey Crew (PW)........... 235

TECHNICAL SUPPORT
CADD Manager.......................................$220 Supervising Technician .......................... 190
Senior Technician..................................... 180 Engineering Technician ......................... 135

CONSTRUCTION MANAGEMENT
Principal Construction Manager......$350
Senior Construction Manager.............305
Senior Resident Engineer......................280
Resident Engineer....................................265 Structure Representative.......................265
Construction Manager...........................245
Assistant Resident Engineer.................225
Sr. Construction Inspector (PW) ........195
Construction Inspector (PW) ..............185
Office Administrator................................ 140

PLANNING
Planning Director ...................................$250 City Planner/Planning Manager.........230
Principal Planner.......................................215 Senior Planner ...........................................200 Associate Planner.....................................170 Assistant Planner......................................140 Planning Technician ................................120

ADMINISTRATIVE SUPPORT
Senior Management Analyst.............$205
Management Analyst..............................175
IT Technician...............................................160 Graphics/Visualization Specialist.......170
Administrative Assistant........................110

GOVERNMENT SERVICES
City Engineer........................................... $280 Deputy City Engineer..............................250
Assistant City Engineer...........................235
Plan Check Engineer................................195
Permit Engineer.........................................185 City Inspector.............................................175 Senior City Inspector (PW) ..................195
City Inspector (PW)..................................185 Principal Stormwater Specialist..........200
Senior Stormwater Specialist...............190
Stormwater Specialist.............................180
Stormwater Technician ..........................160
Building Official.........................................265 Senior Building Inspector......................210
Building Inspector....................................185 Senior Grant Writer..................................200 Grant Writer................................................190 Associate Grant Writer...........................170
Assistant Grant Writer ............................150

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.

ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate.

Rev. 12/17/2024 Attachment: Letter of Proposal
Pg. 4 of 8
Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

Principal Engineer (Hunt)
Senior Project Engineer (Doyle)Associate Engineer (Maloney)Engineering Techchnician 1 – Project Management Task 1 Task 1 Task 1 Task 1

1.1 Project Management Task 1.1 40 40 $12,800 Task 1.1 $0 Task 1.1 $0 Task 1.1 $12,800 $0 $12,800 Task 1 Subtotal 40 0 0 0 40 $12,800 $0 $0 $0 $0 $0 $12,800 7 – Engineering Support Services During Construction Task 7 Task 7 Task 7 Task 7

7.1 Construction Meetings and Site Visits (40) Task 7.1 40 40 80 $22,800 Task 7.1 $12,500 $12,500 Task 7.1 $0 Task 7.1 $22,800 $14,375 $37,175

7.2 Submittal Review (60) Task 7.2 10 40 40 90 $21,200 Task 7.2 $21,500 $5,000 $26,500 Task 7.2 $0 Task 7.2 $21,200 $30,475 $51,675

7.3 Respond to RFIs/RFCs (20) Task 7.3 10 24 36 8 78 $17,480 Task 7.3 $20,000 $5,000 $25,000 Task 7.3 $0 Task 7.3 $17,480 $28,750 $46,230

7.4 Record Drawings Task 7.4 2 8 16 26 $4,800 Task 7.4 $3,960 $2,000 $5,960 Task 7.4 $0 Task 7.4 $4,800 $6,854 $11,654 Task 7 Subtotal 62 112 76 24 274 $66,280 $57,960 $12,000 $69,960 $0 $0 $146,734 8 – Additional Services (Optional) Task 8 Task 8 Task 8 Task 8

8.1 Additional Services Optional Task 8.1 0 $0 Task 8.1 Task 8.1 $20,000 $20,000 Task 8.1 $0 $20,000 $20,000 Task 8 Subtotal 0 0 0 0 0 0 $0 $0 $0 $20,000 $20,000 $20,000 Hours 102 112 76 24
Cost $32,640 $28,000 $15,200 $3,240
PM
$320
$57,960 $69,960 Sub-Total $100,454
Total Resource HoursTotal Hours*Rates
Buehler Structural EngineersCole Breit Mechanical Engineers Task 8 Subtotal
$12,000 $20,000
Task 1 Subtotal
$20,000 Grand Total $79,080 $179,534
Task 7 Subtotal
Sub-Total 314 $79,080 Sub-Total
2025 Rate $250 $200

SUBCONSULTANTS
Subconsultant Participation

ENGINEERING
$135
Total Subconsultant CostsReimbursable Expenses
MNS Engineers
Reimbursable Expense CostsSummaryTotal MNS Resource CostsTotal Subconsultant Costs & All Reimbursable ExpensesWith 15% MarkupTotal 12/17/2024
Attachment: Letter of Proposal
Pg. 5 of 8
Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

Sacramento
Los Angeles
Phoenix
San Francisco
San Luis Obispo
Silicon Valley
ideas engineered | visions realized
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P -
buehlerengineering.com
November 22, 2024
Tyler Hunt, PE
MNS Engineers, Inc.
811 El Capitan Way, Suite 130
San Luis Obispo, CA 93401
[email protected]
Subject: City of Watsonville - WWTP Electrical Upgrades Construction Administration Support
SSG Project No.S21128
Buehler Proposal No. 24-####
Dear Tyler,
Thank you for requesting a proposal to provide additional structural engineering services for the subject project. The Project consists of Construction Administration Services for the electrical equipment upgrades for the City of Watsonville’s Wastewater Treatment Plant, located at 250 Main Street in Watsonville, California.

Our scope of work will consist of support for MNS Construction Administration tasks related to drawings prepared by Buehler (SSG Structural Engineers):
• Prepare supplemental drawings and interpretations in response to Requests-for-Clarification by the Architect, Contractor, or the Owner. • Review structural items within Contractor submittals for general conformance with the information given in the contract documents prepared by Buehler. Expected submittals include:
o DDC Ground Improvement
o Reinforcement: Mat Slab, CMU, Elevated Slab, Misc
o Concrete Mix Designs
o CMU Materials
o Equipment & Anchorage
o Structural Steel Framing
o Miscellaneous Steel Fabrications
o Doors and Hardware
o Green Roof Trays and Irrigation
o Roofing and Materials
o Painting
o Sheet Metal/Flashing
o Steel Decking
Attachment: Letter of Proposal
Pg. 6 of 8
Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

ideas engineered | visions realized Page 2
o Joint Sealant/Waterstops
o Miscellaneous Items
• Visit the site (six (6) site visits total) periodically to observe work and to determine, in general, if the structural portion of the constructed work are in accordance with the contract documents. On the basis of this on-site observation, Buehler shall endeavor to guard the Owner against apparent defects and deficiencies in the permanent work constructed by the Contractor, but shall not guarantee the performance of the Contractor.

Buehler shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the construction work and shall not be responsible for construction means, methods, techniques, sequences, procedures, or for any safety precautions in connection with the construction work. Buehler shall not be responsible for the Contractor’s failure to execute the work in accordance with the construction contract. Anticipated phase visits would include:
o Foundation
o Lower CMU Walls & Deck Slab
o CMU Walls Main Building
o Steel Framing and Roof Deck
o Two Miscellaneous Visits as required
• Provide support for the design team to resolve structural issues associated with the final punch list.
• Prepare structural Record Drawings in PDF format incorporating as-built information as supplied by the Contractor.

Items excluded from our scope of work include the following:
• Tasks outside the generally accepted practice of Structural Engineering or items outside those of the contract documents prepared by Buehler.

The following exhibits are included with this proposal:
• Exhibit A: Terms and Conditions
• Exhibit B: BIM Services
Our compensation for these services will be on an hourly basis at our hourly rates. We estimate our compensation for these services will be $57,960.00. This is an estimate which we will not exceed without first notifying you that we require authorization to increase the estimate.

Our hourly rates are as follows:

Senior Principal .......................................................... $250.00 Principal...................................................................... $225.00 Senior Professional .................................................... $200.00 Professional................................................................ $170.00 Senior Technician....................................................... $145.00 Attachment: Letter of Proposal
Pg. 7 of 8
Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

ideas engineered | visions realized Page 3
Technician.................................................................. $125.00 If you have any questions, please do not hesitate to contact me, otherwise please sign, and return a copy of this proposal as your authorization to proceed with the work and your acceptance of this proposal. If you do not sign the proposal but provide verbal authorization to proceed with the work, it is our understanding that you have accepted this proposal as written.

Sincerely, Accepted:

Michael Parolini, SE Tyler Hunt, PE
For Buehler Engineering, Inc. For MNS Engineers, Inc.

[email protected]
Date
Attachment: Letter of Proposal
Pg. 8 of 8
Docusign Envelope ID: 218BA5F5-2881-4B54-AACD-8DFAD6AD768F

1/9/2025 12:33:30 PM
C:\Program Files\eSCRIBE\TEMP\12332753487\12332753487,,,Report - 1st Amendment Economic Development .docx Agenda Report
MEETING DATE: Tuesday, January 14, 2025
TO: City Council
FROM: CITY MANAGER VIDES

SR ADMINISTRATIVE ANALYST ZAVALA
SUBJECT: FIRST AMENDMENT TO CONTRACT WITH KOSMONT

COMPANIES FOR ECONOMIC DEVELOPMENT CONSULTING

SERVICES
RECOMMENDED ACTION:

It is recommended that the City Council approve this First Amendment to the contract with Kosmont and Associates, Inc. dba Kosmont Companies extending the contract term to 12/31/2025 to continue providing economic development consulting services; and authorize the City Manager to execute the amendment.

BACKGROUND:

Kosmont Companies has been collaborating with the City to develop a comprehensive plan that outlines key strategies, initiatives, and actionable steps aimed at enhancing economic development, attracting investment, promoting job creation, and cultivating a vibrant business environment. Over the past year, they have actively promoted the City as an attractive destination for new businesses at various economic development conferences.

Leveraging their strong network of industry connections, Kosmont Companies has also played an important role in the City’s attempt to attract and secure new businesses for the City. The current contract is set to expire as of 12/31/2024.

DISCUSSION:

Kosmont Companies is actively assisting the City in the development of a comprehensive Economic Development Strategic Plan that will serve as a roadmap to achieve economic growth and sustainability objectives. To ensure continuity in these efforts, the City seeks to retain an active contract with Kosmont Companies through 2025. This extended partnership will support ongoing initiatives to revitalize the downtown area, explore diverse economic development opportunities within City limits, and evaluate policy enhancements aimed at attracting new businesses while retaining existing ones.

STRATEGIC PLAN:
(1) Economic Development: The recommended action is consistent with the City

1/9/2025 12:33:30 PM
C:\Program Files\eSCRIBE\TEMP\12332753487\12332753487,,,Report - 1st Amendment Economic Development .docx Council’s Economic Development strategic goal of building a strong and visible development that strengthens and diversifies the City’s economy for all.

FINANCIAL IMPACT:

Approval of this amendment will not bring any additional cost as the funds previously allocated to the contract have not been fully spent.

ALTERNATIVE ACTION:

City Council could choose not to extend the contract.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

1 Reso No. ______ (CM)
Meeting Date: 011425 SWZ ______ TV ______ CM ______
RESOLUTION NO. _________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING FIRST AMENDMENT TO THE CONTRACT FOR

CONSULTANT SERVICES BETWEEN THE CITY OF WATSONVILLE AND KOSMONT AND ASSOCIATES, INC. DBA KOSMONT COMPANIES
EXTENDING THE TERM OF THE CONTRACT TO DECEMBER 31, 2025,

TO CONTINUE PROVIDING ECONOMIC DEVELOPMENT CONSULTING

SERVICES AND DIRECTING THE CITY MANAGER TO EXCUTE SAME
WHEREAS, on September 26, 2023, the City Council adopted Resolution No. 189- 23 (CM) awarding contract to Kosmont and Associates, Inc. dba Kosmont Companies, to provide economic development consulting services, in an amount not to exceed $200,000; and
WHEREAS, this First Amendment to the Contract will extend the contract term from December 31, 2024 to December 31, 2025, with no additional compensation required.

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 First Amendment to Contract with Kosmont and Associates, Inc. dba Kosmont Companies, does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal.

Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2 Reso No. ______ (CM)
Meeting Date: 011425

2. That the First Amendment to Contract for Consultant Services between the City of Watsonville and Kosmont and Associates, Inc. dba Kosmont Companies, to provide economic development consulting services, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.

3. The City Manager be and is hereby authorized and directed to execute said First Amendment for and on behalf of the City of Watsonville, with minor revisions that may be approved by the City Manager and the City Attorney. *****************************************

THIS FIRST AMENDMENT TO CONSULTANT SERVICES CONTRACT

BETWEEN THE CITY OF WATSONVILLE
AND KOSMONT AND ASSOCIATES, INC. DBA KOSMONT COMPANIES
THIS FIRST AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and Kosmont and Associates, Inc.

DBA Kosmont Companies (“Consultant”) this ________________________________.

The City and Consultant agree as follows:

RECITALS
WHEREAS, the City and Consultant have previously executed a Consultant Services Contract to provide Economic Development Strategic Plan services dated October 06, 2023(Contract);
WHEREAS, the original contract was in the amount of $200,000 with an expiration date of 12/31/2024; and
WHEREAS, the City is extending the contract to December 31,2025 to retain the Consultant’s services; and
WHEREAS, the first amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.

NOW, THEREFORE, the City and the Consultant agree that the Contract shall be amended as follows:

Section 2 is hereby amended to read:

SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from October 1, 2023 to December 31, 2025, inclusive.

All other terms and conditions of the Contract dated October 06, 2023, shall remain in full force and effect.

Docusign Envelope ID: 8248C603-2059-40FE-B8C8-F0D289AFFA89

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Services Contract the day and year first hereinabove written.

CITY OF WATSONVILLE KOSMONT AND ASSOCIATES, INC.

DBA KOSMONT COMPANIES
By___________________________ By______________________________ Tamara Vides, City Manager Larry J. Kosmont, CEO

ATTEST:

By___________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:

By___________________________
Samantha W. Zutler, City Attorney
Docusign Envelope ID: 8248C603-2059-40FE-B8C8-F0D289AFFA89

1/9/2025 6:50:28 PM
C:\Program Files\eSCRIBE\TEMP\18502572279\18502572279,,,Report - Award Contract to CSG Consultants Green Valley Rd .docx Agenda Report
MEETING DATE: Tuesday, January 14, 2025
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG

PRINCIPAL ENGINEER THERIOT
SUBJECT: AWARD CONTRACT TO CSG CONSULTANTS, INC FOR

INSPECTION SERVICES FOR THE GREEN VALLEY RD
IMPROVEMENT PROJECT, IN THE AMOUNT OF $193,140
RECOMMENDED ACTION:

Staff recommends that the Council adopt a resolution approving a $193,140 contract with CSG Consultants, Inc. for inspection services for the Green Valley Road Improvement Project—Carey Ave to Thicket Ln, No. ST-24-14523, and authorize the City Manager to execute said contract.

BACKGROUND:

The City awarded a construction contract to McKim Corporation for the Green Valley Rd.

Improvement Project. The work includes replacing curb ramps, reconstructing the pavement, upgrading pedestrian signals, and restriping the road. The project is estimated to take 100 working days (approximately five months) to complete. Due to its duration and complexity, staff recommends hiring consultant inspectors to assist city staff with the inspection of this project.

The Public Works & Utilities (PW) Department publicly advertised a Request for Qualification Statements from Consulting Engineering Firms for Periodic and On-Call Professional Engineering Services (Staff Augmentation, Design, Construction Management, and Inspection). The RFQ was advertised on June 4, 2024, and submittals were due July 11, 2024. A total of 24 Statements of Qualifications (SOQs) were received.

CSG Consultants was selected for the City’s on-call list for Design and Construction Management / Inspection.

DISCUSSION:

The Green Valley Rd. Improvement Project includes reconstructing a dozen curb ramps, upgrading of pedestrian signals, as well as reconstructing the pavement. The project is 2100 linear feet long. CSG Consultants will provide the City with a full-time inspector to oversee the field operations of this project. CSG Consultants provided similar inspection

1/9/2025 6:50:28 PM
C:\Program Files\eSCRIBE\TEMP\18502572279\18502572279,,,Report - Award Contract to CSG Consultants Green Valley Rd .docx services for recent City projects on Airport Blvd., an earlier phase of Green Valley Rd, and Freedom Blvd.

STRATEGIC PLAN:

This project supports Strategic Plan Priority:
2-Infrastructure & Environment
FINANCIAL IMPACT:

The Green Valley Road Improvement Project – Carey Ave to Thicket Ln, is identified in the current approved budget. Funds for this project are budgeted in account code 0201- 975-7837-14523.

ALTERNATIVE ACTION:

Council could elect not to award the contract to CSG Consultants.

ATTACHMENTS AND/OR REFERENCES (If any):

None

Reso No. (CM)
Meeting Date: 011425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE AWARDING PROFESSIONAL SERVICES CONTRACT
TO CSG CONSULTANTS, INC., A CORPORATION, FOR

CONSTRUCTION INSPECTION SERVICES FOR THE GREEN VALLEY
ROAD IMPROVEMENT PROJECT – CAREY AVE TO THICKET LN, NO.

ST-24-14523, IN AN AMOUNT NOT TO EXCEED $193,140; AND

AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
SAME
WHEREAS, § 3-5.500 of the Municipal code provides that an RFP or RFQ process is found to be an effective and efficient way to procure professional services and procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, § 3-5.540 of the Municipal Code provides that contracts for professional services estimated to cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars must be awarded by the Council, and that the selection will be based on demonstrated competence and on the education, training and experience and professional qualifications necessary for the satisfactory performance of the services required, that cost will not be the only basis for selection, use a qualifications-based selection process as described in subdivision (a) of § 45271 of the California Government Code and negotiated as described in § 4528; and
WHEREAS, a Request for Qualifications (RFQ) was issued on June 4, 2024, asking for qualified consultants to assist the City for periodic and on-call professional

1 All references to section numbers will be to the California Government Code

Reso No. (CM)
Meeting Date: 011425
2 engineering services (staff augmentation, design, construction management, construction inspection); and
WHEREAS, the deadline for submittal of Request for Statement of Qualifications for periodic and on-call professional engineering services (staff augmentation, design, construction management, construction inspection) was July 11, 2024; and WHEREAS, a total of 24 firms submitted qualification statements; these statements were reviewed by City staff and a list was developed; and WHEREAS, the City Manager has recommended that the proposal from CSG Consultants, Inc., a corporation, in an amount not to exceed $193,140, be accepted as the best response.

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 CSG Consultants, Inc., a corporation, for construction inspection services for the Green Valley Rd Improvement Project does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

Reso No. (CM)
Meeting Date: 011425
3 2. The Council awards a contract to CSG Consultants, Inc., a corporation, for construction inspection services for the Green Valley Road Improvement Project – Carey Ave to Thicket Ln, No. ST-24-14523, in an amount not to exceed $193,140.

3. That the Contract for Consultant Services between the City of Watsonville and CSG Consultants, Inc., a corporation, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.

4. The City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
**************************************

Consultant Contract Architects or Engineers w/employees Page 1 of 9

CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND CSG CONSULTANTS, INC.

THIS CONTRACT, is made and entered into this ______________________, by and between the City of Watsonville, a municipal corporation, hereinafter called “City,” and CSG Consultants, Inc., 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.

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 the date of this contract to June 30, 2026, inclusive.

SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit "B," entitled "SCHEDULE OF PERFORMANCE," which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the "SCHEDULE OF PERFORMANCE." SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit "C" entitled "COMPENSATION," which is attached hereto and incorporated herein.

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 Docusign Envelope ID: 791FC2AD-76DE-4EA2-88B6-4241EF7EA80B

Consultant Contract Architects or Engineers w/employees Page 2 of 9 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.

To the full extent permitted by law (subject to the limitations of Civil Code section 2782.8 for any “design professional services” performed under this Contract), Consultant will indemnify, hold harmless, release and defend the City (including its officers, elected or appointed officials, employees, volunteers or agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses or costs [including legal costs and attorney’s fees])(collectively “Liability”) of any nature, to the extent arising out of, pertaining to, or relating to Consultant’s negligence, recklessness, or willful misconduct in the performance of this Contract. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. Consultant’s indemnification obligations under this Contract are not limited by any limitations of any insurance held by Consultant, including, but not limited to, workers compensation insurance.

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 $500,000.00 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.

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Consultant Contract Architects or Engineers w/employees Page 3 of 9 (2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $500,000.00 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 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.

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Consultant Contract Architects or Engineers w/employees Page 4 of 9 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.

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.

Docusign Envelope ID: 791FC2AD-76DE-4EA2-88B6-4241EF7EA80B

Consultant Contract Architects or Engineers w/employees Page 5 of 9 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.

SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:

CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040

CONSULTANT
CSG Consultants
550 Pilgrim Drive
Foster City, CA 94404
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
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///
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Consultant Contract Architects or Engineers w/employees Page 6 of 9 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_________________________________
Cyrus Kianpour, President

CSG CONSULTANTS
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Consultant Contract Architects or Engineers w/employees Page 7 of 9 EXHIBIT "A"

SCOPE OF SERVICES
The scope of services is as follows:

See attached Scope of Services.

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Consultant Contract Architects or Engineers w/employees Page 8 of 9 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:

Work is set to begin upon contract award date through June 30, 2026, or complete.

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Consultant Contract Architects or Engineers w/employees Page 9 of 9 EXHIBIT “C”

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed one hundred ninety three thousand one hundred forty dollars and zero cents ($193,140).
b. Basis for Payment. Payment(s) to Consultant for services performed under this Contract shall be made as follows and shall include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this Contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

Docusign Envelope ID: 791FC2AD-76DE-4EA2-88B6-4241EF7EA80B

FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | FRESNO | PASO ROBLES | ORANGE 550 Pilgrim Drive
Foster City, CA 94404
phone 650.522.2500
fax 650.522.2599
www.csgengr.com
September 12, 2024
Patrice Theriot
Principal Engineer
City of Watsonville Public Works & Utilities
250 Main St.

Watsonville, CA 95076
RE: Construction Inspection Services for Green Valley Road Reconstruction CSG Consultants, Inc. (CSG) is pleased to present this proposal to provide construction inspection services to the City of Watsonville (City) for the Green Valley Road Reconstruction Project.

UNDERSTANDING SCOPE OF SERVICES
CSG understands the City is seeking construction inspection services for the roadway reconstruction project between Carey Avenue and Thicket Lane. Construction is expected to begin around March 1, 2025, with an estimated duration of 90 working days.

QUALIFICATIONS
CSG is proposing Terry De Leeuw to perform the inspection services. Mr. De Leeuw serves as a Senior Construction Inspector for CSG Consultants with over 25 years of experience in the construction industry. His experience includes performing construction inspection services for the City of Watsonville, City of Marina, and City of San Juan Bautista. He previously served as the inspector for the City’s Green Valley Road Improvement and Airport Boulevard Pavement Rehabilitation Projects.

FEE SCHEDULE
The proposed cost of services is provided in the table below. CSG is proposing full time construction inspection for 90 working days, with work beginning in March 2025.

Employee Hourly
Rate
Working
Days
Hours Per
Day Hours Cost
Terry De Leeuw
Senior Construction Inspector $174 120 8 960 $167,040
Contingency / Overtime $261 100 $26,100
TOTAL COST $193,140
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime rate is calculated at 1.5 x standard rate.

We look forward to working with the City of Watsonville on this project. If you have any questions, please contact me at (650) 522-2524.

Sincerely,
Nourdin Khayata, PE
Vice President, CSG Consultants, Inc.

EXHIBIT "A" Scope of Services pg. 1 of 2
Docusign Envelope ID: 791FC2AD-76DE-4EA2-88B6-4241EF7EA80B

Terry

LICENSES & CERTIFICATIONS
Qualified Stormwater Practitioner
State of California Contractors License
"A" General Engineering
HAZWOPER 40 Hour Training in
Hazardous Materials
OSHA 30 hours outreach training
program-Construction
Collection system maintenance Grade
1 Water distribution operator Grade D1
Traffic control safety
Confined space safety
Respirator certified safety training.

Fall protection training
Lock out tag out
Hot work cutting and welding
Overhead crane safety training
Excavation ensuring
Forklift industrial truck safety
NSC CPR and NSC First Aid Training

EDUCATION
High School Diploma
Live Oak High School
| Morgan Hill, CA
De Leeuw
Sen ior Construction Inspector
Mr. De Leeuw serves as a Senior Construction Inspector for CSG Consultants with over 25 years of experience in the construction industry. His experience includes performing construction inspection services for the City of Watsonville’s City’s Green Valley Road, Airport Boulevard Rehabilitation, and development projects in the City of Marina inspecting infrastructure work encompassing underground wet utilities, grading and drainage. Prior to joining CSG, Mr. De Leeuw served as a utility worker and heavy equipment operator for the City of Morgan Hill. His duties primarily consisted of maintaining underground utilities including water mains, valves, pumps, sewer lines and storm drain lines. He is therefore familiar with all standards and procedures associated with underground utilities.

R E L E V A N T E X P E R I E N C E
Green Valley Road Improvement Project | City of Watsonville, CA Mr. De Leeuw served as Construction Inspector for this roadway improvement project. The project included the reconstruction of roadway, through full depth rehabilitation, while also installing bicycle lanes, median island, removing and replacing non-compliant driveways and curb ramps, striping, and 8” deep asphalt roadway resurfacing and pedestrian paths with concrete curbs, gutters, and sidewalks. He also coordinated with property and business owners to ensure project schedule and potential impacts were communicated. He also coordinated with PG&E and AT&T for the relocation of their facilities.

Airport Boulevard Pavement Rehabilitation | City of Watsonville, CA Mr. De Leeuw served as Construction Inspector on this project, inspecting the construction of approximately one mile of sidewalk along the north and south sides of Airport Boulevard. This $2.2 million project included the demolition and construction of curb and gutters, removal and installation of electrical boxes, signal boxes, water meter boxes and conduits for future fiber optics, pavement removal and reconstruction, in addition to miscellaneous items.

Bubb Road Separated Bikeway and Bus Stop Improvement | City of Cupertino, CA Mr. De Leeuw served as Construction Inspector on the project. He provided inspection services for the privately developed Sea Haven subdivision by Renasci Homes. He also worked for CSG as the intern Public Works Superintendent for the City of Marina.

Bubb Road Separated Bikeway and Bus Stop Improvement | City of Cupertino, CA Mr. De Leeuw served as Construction Inspector for The Bubb Road bicycle pedestrian sidewalk improvement project. The scope of this project was new pedestrian sidewalks and ADA ramps and a half mile of removable Barrier separated bicycle lane. This project also had a bus stop in the medium of the road for Apple computers employees. Which included multiple locations of RRFB systems for pedestrian crosswalk ‘s Micro resurfacing of the existing pavement.

Construction Inspection | City of San Juan Bautista, CA Mr. De Leeuw served as Construction Inspector assisting with City encroachment permits and private development improvements. As part of his duties, Mr. De Leeuw would inspect wet wells, domestic wells, sanitary sewers, storm drains, water mains, pavement installation, and sidewalk and ADA improvements. Mr. De Leeuw served as the inspector for Third Street revitalization project of new water sewer storm and sidewalks for the City of San Juan Bautista CA. Mr. De Leeuw also assist the city engineer with plan check and review for new projects. He inspected roundabouts associated with the Rancho Vista subdivision.

Pavement Improvement Projects City of Morgan Hill, CA
Mr. De Leeuw served as a Construction Inspector for nighttime pavement milling and overlaying of Tenet Avenue. Also, part of the project was micro milling of Eastern Avenue and micro servicing.

EXHIBIT "A"
pg. 2 of 2 Scope of Services
Docusign Envelope ID: 791FC2AD-76DE-4EA2-88B6-4241EF7EA80B

1/9/2025 6:44:02 PM
C:\Program Files\eSCRIBE\TEMP\18435955699\18435955699,,,Report - NOAA Grant Acceptance.docx Agenda Report
MEETING DATE: Tuesday, January 14, 2025
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG

ENVIRONMENTAL PROJECTS MANAGER VU-DUC
SUBJECT: ACCEPTANCE OF $250,000 NOAA GRANT SUB-AWARD FOR

CLIMATE RESILIENCE OF MONTEREY BAY COASTAL

COMMUNITIES
RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution accepting $250,000 from the National Oceanic & Atmospheric Administration’s (NOAA) Climate Resilience Regional Challenge grant program, as awarded through the California Marine Sanctuary Foundation (CMSF), appropriate such funds to the Special Grants Fund [0260], and authorize the City Manager to execute all agreements and any amendments necessary.

BACKGROUND:

On July 26, 2024, NOAA announced $575 million for 19 projects recommended for funding through the Climate Resilience Regional Challenge. Of these, only one California proposal was successful: a $71,100,000 grant awarded to the CMSF to address the Monterey Bay Area’s highest priority climate risks, flooding, and wildfires, while growing regional collaborative capacity and workforce development to increase climate resilience in these communities. This grant set out $250,000 to develop a funding roadmap to coordinate and deliver adaptation projects through the Monterey Bay Regional Climate Project Working Group (RCPWG), comprised of the Counties of Santa Cruz, Monterey, and San Benito, as well as the Cities of Santa Cruz and Watsonville. The City of Watsonville, as chairing member of the RCPWG at the time of the grant application, is the recipient of the $250,000 task on behalf of the RCPWG.

DISCUSSION:

The NOAA grant was awarded to CMSF to fund a four-pronged strategy to grow regional resilience to climate change:

1. Regional Collaboration & Capacity Building

2. Workforce Development

3. Flood Risk Reduction and

4. Wildfire Risk Reduction.

1/9/2025 6:44:02 PM
C:\Program Files\eSCRIBE\TEMP\18435955699\18435955699,,,Report - NOAA Grant Acceptance.docx CMSF leads this regional effort with the participation of 28 collaborators from local, regional, and state agencies and resource districts, land trusts, experts in natural resource restoration, monitoring, and forest management, academic institutions, foundations with expertise in financial management, and non-profits with expertise in community and Tribal engagement.

In addition to substantial funding for community-based capacity building efforts (item 1 above), the $250,000 allocated to the City of Watsonville on behalf of the RCPWG invests in significant climate coordination across the region through its local government agencies. The mission of the RCPWG is to develop, prioritize, secure funding for, and implement regionally beneficial climate projects.

Many jurisdictions in the region have completed studies, adopted policies and formalized 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 funding will create a short-term, streamlined, regional roadmap to identify the long-term funding needed to take proposed climate adaptation measures from planning to implementation.

The roadmap complements and supports other tasks within the larger project and will align with policies adopted by the individual RCPWG member jurisdictions.

CEQA Compliance: The proposed planning project will review CEQA requirements and compliance as the plan is developed.

STRATEGIC PLAN:

This project supports the following Strategic Plan areas:
2-Infrastructure & Environment
4-Fiscal Health
7-Efficient and Well-performing Government
FINANCIAL IMPACT:

The proposed project is 100% grant funded. All funds will be appropriated to the [0260] Special Grants Fund.

ALTERNATIVE ACTION:

No reasonable alternatives are known at this time.

ATTACHMENTS AND/OR REFERENCES (If any):

1. NOAA Grant Award Project Summary & Announcement

2. NOAA-CMSF-Watsonville Draft Sub-award Agreement

Attachment 1

Attachment 1

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1. PTE hereby awards a cost reimbursable subaward, (as determined by 2 CFR 200.331), to Subrecipient. The Statement of Work and budget for this Subaward are as shown in Attachment 5. In its performance of Subaward work, Subrecipient shall be an independent entity and not an employee or agent of PTE.

2. Subrecipient shall submit invoices quarterly for allowable costs incurred. Upon the receipt of proper invoices, the PTE agrees to process payments in accordance with this Subaward and 2 CFR 200.305. All invoices shall be submitted using Subrecipient’s standard invoice, but at a minimum shall include current and cumulative costs (including cost sharing), breakdown by major cost category, Subaward number, and certification, as required in 2 CFR 200.415(a). Invoices that do not reference PTE Subaward number shall be returned to Subrecipient. Invoices and questions concerning invoice receipt or payments shall be directed to the party's shown in Attachment 3A.

3. A final statement of cumulative costs incurred, including cost sharing, marked "FINAL" must be submitted to PTE’s Contact, as shown in Attachment 3A, not later than 60 days after The final statement of costs shall constitute Subrecipient's final financial report.

4. All payments shall be considered provisional and are subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient.

5. Matters concerning the technical performance of this Subaward shall be directed to the appropriate party’s Principal Investigator as shown in Attachments 3A and 3B. Technical reports are required as shown in Attachment 4.

6. Matters concerning the request or negotiation of any changes in the terms, conditions, or amounts cited in this Subaward, and any changes requiring prior approval, shall be directed to the PTE's Contact and the Subrecipient’s Contact shown in Attachments 3A and 3B. Any such change made to this Subaward requires the written approval of each party’s Authorized Official as shown in Attachments 3A and 3B.

7. The PTE may issue non-substantive changes to the Budget Period(s) and Budget . Unilateral modification shall be considered valid 14 days after receipt unless otherwise indicated by Subrecipient when sent to Subrecipient's Contact, as shown in Attachment 3B.

8. Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees, officers, or directors, to the extent allowed by law.

9. 10.

Either party may terminate this Subaward with 30 days written notice. Notwithstanding, if the Awarding Agency terminates the Federal Award, PTE will terminate in accordance with Awarding Agency requirements. 37( QRWLFH shall be directed to the .

By signing this Subaward, including the attachments hereto which are hereby incorporated by reference, Subrecipient certifies that it will perform the Statement of Work in accordance with the terms and conditions of this Subaward and the applicable terms of the Federal Award, including the appropriate Research Terms and Conditions ("RTCs") of the Federal Awarding Agency, as referenced in Attachment 2. The parties further agree that they intend this subaward to comply with all applicable laws, regulations, and requirements.

End:

End:
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Attachment 2

Other [Department of Commerce (DOC)] California Marine Sanctuary Foundation Robert Mazurek NA24NOSX473C0102-T1-01 CR106 Regional Adaptation for Climate Resilience of Monterey Bay Coastal Communities 10/1/2024 9/30/2029 250,000 10/1/2024 9/30/2029 250,000 Financial Financial the final Budget Period end date. Administrative Administrative Bilaterally Authorized Official Administrative Administrative Robert Mazurek Executive Director 60 days

Attachment 1
CertiIiFations and AssXranFes
Certification Regarding Lobbying (2 CFR 200.450)
%\ signing this Subaward the SubreciSient Authori]ed 2IIicial certiIies to the best oI hisher Nnowledge and belieI that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement in accordance with  CFR .

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," to the 3T(.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by  8SC.  Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Debarment, Suspension, and Other Responsibility Matters (2 CFR 200.21 and 2 CFR 180) %\ signing this Subaward the SubreciSient Authori]ed 2IIicial certiIies to the best oI hisher Nnowledge and belieI that neither the SubreciSient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency in accordance with  CFR 4 and  CFR .

Audit and Access to Records
SubreciSient certiIies that it will SroYide PTE with notice oI an\ adYerse Iindings which imSact this Subaward. Subrecipient certifies compliance with applicable provisions of 2 CFR 200.501-200.521. If Subrecipient is not required to have a Single Audit as defined by 200.501, Awarding Agency requirements, or the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and will SroYide access to such audits upon request. SubrecLpient will provide access to records as reTuired b\ Sarts  CFR 200.332 (a)(5), 7, DQG 8 as aSSlicable 3URJUam IRU (nhancement RI &RntUactRU (mSOR\ee 3URtectLRnV  86& 2

SubreciSient is hereb\ notiIied that the\ are reTuired to inIorm their emSlo\ees worNing on an\ Iederal award that the\ are subMect to the whistleblower rights and remedies oI the Srogram inIorm their emSlo\ees in writing oI emSlo\ee
whistleblower Srotections under  8SC † in the Sredominant natiYe language oI the worNIorce and include such
reTuirements in an\ agreement made with a subcontractor or subgrantee The 6XErecLSLent VhaOO reTXLre that the OangXage of the certLfLcatLonV aEoYe Ln thLV $ttachment  Ee LncOXded Ln the aZard docXmentV for aOO VXEaZardV at aOO tLerV
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Neither party shall use the other party’s name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this Subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described.

Subaward Number

Prohibition on &ertain Telecommunication and 9ideo Surveillance Services or Equipment Pursuant to 2 CFR 200.216, Subrecipient will not obligate or expend funds received under this Subaward to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or (3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services (as described in Public Law 115-232, section 889) as a substantial or essential component of any system, or as a critical technology as part of any system.

Attachment 2

CR106

Attachment 2
Federal Award Terms and Conditions
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Research 'eYeloSment SubMect to FFATA
Federal Award ,ssue 'ate FA,N
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Subrecipient grants to PTE the right to use data created in the performance of this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. &RS\ULJhtV

to 3T( an irreYocable ro\alt\Iree nontransIerable none[clusiYe right and license to use reSroduce maNe deriYatiYe worNs disSla\ and SerIorm Sublicl\ an\ coS\rights or coS\righted material including an\ comSuter
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5. Treatment of Srogram Lncome

1. To abide b\ the conditions on actiYities and restrictions on e[Senditure oI Iederal Iunds in aSSroSriations acts that are aSSlicable to this Subaward to the e[tent those restrictions are Sertinent This includes an\ recent legislation noted on the Federal Awarding Agenc\¶s website

2.  CFR 

3. The Federal Awarding Agenc\
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4. Applicable Research Terms and Conditions including an\ Federal Awarding Agenc\ s SSeciIic ReTuirements Iound at

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Attachment 2

CR106 in the attached Federal Award. 11.473 ■
Office of Coastal Management https://www.commerce.gov/ https://www.noaa.gov/sites/default/files/legacy/document/2021/Mar/Administrative%20Standard%20Award https://www.commerce.gov/sites/default/files/2020-11/DOC%20Standard%20Terms%20and%20Condition Administrative Additive Attached Subrecipient Grants Subrecipient U.S. Department of Commerce

No +uman or 9ertebrate Animals
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Attachment 2

■
Human Subjects Human Subjects Exempt Vertebrate Animals The PTE requires verification of IRB and/or IACUC approval be sent to the Administrative Contact as required above:

Subrecipient agrees that any non-exempt human and/or vertebrate animal research protocol conducted under this Subaward shall be reviewed and approved by the appropriate Institutional Review Board (IRB) and/or its Institutional Animal Care and Use Committee (IACUC), as applicable and that it will maintain current and duly approved research protocols for all periods of the Subaward involving human and/or vertebrate animal research.

Subrecipient certifies that the appropriate IRB and/or IACUC are in full compliance with applicable state and federal laws and regulations. The Subrecipient certifies that any submitted IRB / IACUC approval represents a valid, approved protocol that is entirely consistent with the Project associated with this Subaward. In no event shall Subrecipient invoice or be reimbursed for any human or vertebrate animals related expenses incurred in a period where any applicable IRB / IACUC approval is not properly in place. This section left intentionally blank Not Applicable This section left intentionally blank See Attachment 6: Notice of Award, Section III Specific Award Conditions See Attachment 7: California Marine Sanctuary Foundation Special Terms and Conditions

1. Certain Assurances: In addition to the terms and conditions contained in this Subaward, Subrecipient hereby certifies to, and agrees to be in compliance with at all times during the Term, each of the assurances contained in Standard Form 424B "Assurances -Non-Construction Programs" and Standard Form 424D "Assurances - Construction Programs" executed by PTE and attached hereto as Exhibit A and incorporated herein by reference, as applicable (collectively, the "Assurances").

Subrecipient agrees to comply with and be bound by such Assurances as if Subrecipient was the applicant as named therein.

Subrecipient further agrees to provide and deliver such documents or instruments, in each case as may be required by such Assurances or as may be requested by PTE or the Federal Funding Agency with respect to such Assurances at any time.

2. Order of Precedence: In the event of a conflict between any of the Subaward Documents , the Federal Award, together with all modifications, exhibits, and addenda thereto or documents and instruments referenced therein (collectively, the “Award Documents”) shall control and take precedence; provided, however, the Subaward shall control when the provisions of the Subaward require stricter performance by Subrecipient or expressly provides that it takes precedence notwithstanding any other provisions of the Award Documents. Any inconsistencies in this Subaward shall be resolved by giving precedence to the provisions of the Subaward that require stricter performance by Subrecipient or to the provision that expressly provides that it takes precedence notwithstanding any other provisions of the Subaward. The term "Subaward" as used herein refers to this Subaward together with any exhibits, attachments or addenda incorporated herewith and referred to herein. The term "Subaward Documents" as used herein refers to the "Federal Award," "Award Documents" and "Subaward."

Subaward Number

Attachment A
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TeleShone Number

TeleShone Number

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Attachment 2

California Marine Sanctuary Foundation Robert Mazurek CR106 99 Pacific Street, Suite 455A
Monterey, CA 93940
UEI: JAEJU1YFDBN3
https://www.californiamsf.org/ [email protected] [email protected] 831-295-3390 Jesse Traller Ojeda [email protected] 7608228277 Sharon Stevens [email protected] 609-469-9261 [email protected] Danielle Brown [email protected] 201-303-2376 99 Pacific Street, Suite 455A
Monterey, CA 93940
99 Pacific Street, Suite 455A
Monterey, CA 93940
99 Pacific Street, Suite 455A
Monterey, CA 93940

Attachment %
6XEreFiSient ContaFts
FDP Mar 2024
Yes
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Attachment 2

CR106 CITY OF WATSONVILLE 94-6000451 KM1BKFS1MGU5 City/Township Gov't 19 95076-9556 500 Clearwater Lane
Watsonville, CA 95076
[email protected] https://watsonville.gov/ [email protected] 831-768-3010 Toto Vu-Duc, Environmental Projects Manager [email protected] 831-763-3187 Ilda Estrada, Accountant II [email protected] 831-768-3460 [email protected] Tamara Vides, City Manager [email protected] 831-768-3010 250 Main Street
Watsonville, CA 95076
250 Main Street
Watsonville, CA 95076
250 Main Street
Watsonville, CA 95076 Page 282 of 515
Attachment 3B
Highest Compensated Officers
Subaward Number:

Subrecipient

Institution Name:

Highest Compensated Officers
The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1) Internal Revenue Code of 1986.

Officer 1 Name:

Officer 1 Compensation:

Officer 2 Name:
3, Name

2IIicer  ComSensation

2IIicer  ComSensation

2IIicer  ComSensation

2IIicer  ComSensation

2IIicer  Name

2IIicer  Name

2IIicer  Name

Attachment 2

CR106

Attachment 4
5eSortinJ and 3rior ASSroYal Terms
to the PTE’s . Such report shall also include a detailed budget Ior the ne[t %udget 3eriod Subaward Number:
days prior to the end of each budget period
Subrecipient agrees to submit the following reSorts
3T( contacts are identiIied in Attachment A
:
7HFKnLFaO RHSRUWV

Monthly technical/progress reports will be submitted to the PTE’s within da\s oI oI the end of the month.

Annual technical / progress reports will be submitted within updated other support for key personnel, certification of appropriate education in the conduct of human subject research of any new key personnel, and annual IRB or IACUC approval, if applicable. within da\s oI the
in order Ior the 3T(
A Final technical/progress report will be submitted to the PTE’s end of the 3roject 3eriod or aIter termination oI this award whicheYer comes Iirst.

Technical/progress reports on the project as may be required by PTE’s to satisI\ its reSorting obligations to the Federal Awarding Agenc\ 3ULRU ASSURYaOV

&arr\oYer

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,n accordance ZLth  &)5 . 6XErecLSLent agreeV to notLf\ both the Federal Awarding Agency via iEdison and PTE's within 60 da\V after 6XErecLSLent¶V inYentor discloses inYention s
in writing to
SubreciSient¶s Sersonnel resSonsible Ior Satent matters The SubreciSient will submit a Iinal inYention reSort using Federal Awarding Agenc\ sSeciIic Iorms WR the 3T(¶s within  da\s oI the end oI the 3roMect 3eriod to be included as Sart oI the 3T(
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Attachment 2

CR106 Administrative Contact 15 ■ Administrative Contact 60 Administrative Contact ■ Administrative Contact 30 ■
Administrative Contact Carryover is automatic ■
Administrative Contact ■
Administrative Contact Upon Request

Attachment 5
6tatement oI :orN Cost 6KarinJ ,ndireFts %XdJet
Statement of Work
Below Attached pages
If award is FFATA eligible and SOW exceeds 4000 characters, include a Subrecipient Federal Award Project Description %
%XGJet ,nIRUmatLRn
Subaward Number:
&RVt 6haULnJ
,I <es include Amount

%elow Attached Sages
'irect Costs 
,ndirect Costs 
Total Costs 
All amounts are in United States Dollars
Indirect Information Indirect Cost Rate (IDC) Applied
Rate T\Se

%XGJet 'etaLOV
%XGJet 7RtaOV
Attachment 2

CR106 2
0 Other (add in blank box) No 2
No indirect costs.
250,000 0.00 250,000

City of Watsonville
Subrecipient: City of Watsonville
Project Title: Capacity Building for the Monterey Bay Regional Climate Project Working Group Adaptation Strategy 1: Regional Collaboration and Capacity Building Overall Period of Performance: October 1, 2024 - September 30, 2029 Total Federal Funds Requested: $250,000
Total Cost Share and/or Matching Funding: $0
Total Leveraged Funds: $124,045

SUBAWARD POINT OF CONTACT
Toto Vu-Duc
Environmental Projects Manager
City of Watsonville
500 Clearwater Lane, Watsonville, CA 95076
(831) 768-3187
[email protected]

METHOD OF SELECTION
Sole Source: The City of Watsonville is a member entity of the Monterey Bay Regional Climate Project Working Group. The City has volunteered to serve as recipient of the requested grant funds to pass through to a contractor TBD, who will perform the tasks described on behalf of the Monterey Bay Regional Climate Project Working Group.

PROJECT SUMMARY
Funding is requested to build capacity and support the efforts of the Monterey Bay Regional Climate Project Working Group (MBRCPWG), an existing regional climate resiliency collaborative in the Monterey Bay Area. The MBRCPWG is comprised of: the Counties of Santa Cruz, Monterey, and San Benito, the Cities of Capitola, Santa Cruz and Watsonville. In addition to these member agencies, the Association of Monterey Bay Area Governments (AMBAG) and Ecology Action are included in an advisory capacity only. The mission of the MBRCPWG is to develop, prioritize, secure funding for, and effectively and equitably advocate for and implement, regionally beneficial climate mitigation and adaptation projects and programs. For the requested funds, the MBRCPWG will develop a funding roadmap for addressing implementation of projects identified in jurisdictional Climate Adaptation Plans that reduce climate risk for coastal communities.

SCOPE OF WORK
Task 1. Develop Funding Roadmap
Contractor will identify and prioritize adaptation projects to apply for grants that will address regional coastal resilience and adaptation projects or programs (Year 2, 2026). Contractor will apply for grants Attachment 2

City of Watsonville
based on prioritization and the funding roadmap (Year 3, 2027). Contractor will finalize funding roadmap, areas for continued collaboration, and continue capacity building that will be integrated into regional climate planning and implementation processes (Year 4, 2028).

Criteria for Measuring Accountability: Prioritized projects, funding roadmap, grant applications.

TIMELINE
The “Capacity Building for the Monterey Bay Regional Climate Project Working Group” effort will begin January 1, 2025 and will be completed by June 30, 2029. The table below shows the timing of major activities in Task 1.

Activity Description/Milestones 2025 2026 2027 2028 2029

1. Develop Funding Roadmap
Identify and prioritize adaptation
projects (list of prioritized projects)
Apply for grants (completed and
submitted grant applications)
Finalize funding roadmap, areas for
continued collaboration, and continue
capacity building (Funding Roadmap)
Attachment 2

City of Watsonville

BUDGET NARRATIVE
The City of Watsonville, as subrecipient of California Marine Sanctuary Foundation, will utilize $250,000 in grant funds for the project, “Capacity Building for the Monterey Bay Regional Climate Project Working Group,” with costs summarized as follows:

A. Personnel TOTAL: $ 0
B. Fringe Benefits TOTAL: $ 0
C. Travel TOTAL: $ 0
D. Equipment TOTAL: $ 0
E. Supplies TOTAL: $ 0
F. Contractual TOTAL: $ 250,000
Name of Organization: TBD
Method of Selection: Competitive, through Request for Proposals and/or Qualifications Period of Performance: January 1, 2025 – June 30, 2029
Description of Activities: Contractor will identify and prioritize adaptation projects to apply for grants that will address regional coastal resilience and adaptation projects or programs. Contractor will apply for grant funding based on prioritization and the roadmap. Contractor will finalize the funding roadmap, areas for continued collaboration, and continue capacity building that will be integrated into regional climate planning and implementation processes.

Method for Maintaining Performance Accountability: Prioritized projects, funding roadmap, grant applications. Will report to City of Watsonville Sustainability Manager.

Total Budget: $ 250,000

COST CATEGORY TOTAL BUDGET
Personnel $0
Fringe $0
Travel $0
Equipment $0
Supplies $0
Contractual $250,000
Other $0
TOTAL DIRECT COSTS $250,000
Indirect Costs $0
TOTAL COSTS $250,000
Attachment 2

City of Watsonville
Contractual costs of $250,000 are requested to execute a contract with TBD, competed competitively, to identify, prioritize and apply for climate adaptation funding for the MBRPCWG.

Expenses include: (1) personnel and fringe for principal analyst or similar, and (2) travel for TBD to Watsonville to lead kick-off and working group sessions. TBD will report to the City of Watsonville Environmental Projects Manager quarterly to ensure progress.

G. Construction TOTAL: $ 0
H. Other TOTAL: $ 0
I. Total Direct Charges TOTAL: $ 250,000
Total Project Cost
A. Personnel $0
B. Fringe $0
C. Travel $0
D. Equipment $0
E. Supplies $0
F. Contractual $250,000
G. Construction $0
H. Other $0
Total Direct Costs $250,000
J. Indirect Charges TOTAL: $ 0
K. Totals: Direct and Indirect Charges TOTAL: $ 250,000 L. Cost Share or Match TOTAL: $ 0

LEVERAGED FUNDING
Leveraged funding in the estimated amount of $124,045 in salaries will be provided over a 5-year project period, assuming 15% FTE for each year. These funds will cover staff time for grant administration and management of the TBD Consultant. Toto Vu-Duc, Environmental Projects Manager with the City of Watsonville, will provide grant administration and project management to coordinate, direct, and manage the consultant. In Year 1, the Environmental Projects Manager will put out an RFP, select, and hire the TBD Consultant through a competitive process. The Environmental Projects Manager will work with CMSF to develop updates and progress reports on this task, however itemized billed time of grant administration for leveraged funds will not be a reporting requirement. The Environmental Projects Manager will also attend all MBCAAN meetings as the representative and project lead for this task to inform and prioritize adaptation measures for the region (Years 1 - 5). The Environmental Projects Manager will direct the TBD consultant to build regional capacity, identify, and seek grant funding for the Regional Project Climate Working Group. Leveraged funds are sourced from the City of Watsonville’s Environmental Sustainability Division.

Attachment 2

AttaFKment 
1otiFe oI Award
12A
and an\ additional doFXments
The foOOoZLng SageV LncOXde the 12$ and Lf aSSOLcaEOe an\ addLtLonaO docXmentatLon referenced throXghoXt thLV 6XEaZard.
1ot LncorSoratLng the 12$ or an\ addLtLonaO docXmentatLon to thLV 6XEaZard.

Subaward Number:

Attachment 2

CR106

Department of Commerce
National Oceanic and Atmospheric Administration (NOAA)
NOS Office for Coastal Management (OCM)
Notice of Award (NoA)
NA24NOSX473C0102-T1-01

RECIPIENT INFORMATION

1. Recipient Name

CALIFORNIA MARINE SANCTUARY

FOUNDATION
99 PACIFIC ST
MONTEREY, CA 93940

2. Congressional District of Recipient
19 3. Employer Identification Number (EIN)
94-3225675

4. UEI
JAEJU1YFDBN3

5. Recipient Point of Contact
Danielle Brown (Contact)

6. Authorized Official
Mr. Mazurek, Robert
[email protected]
_______________________________________________

FEDERAL AGENCY CONTACT INFORMATION

7. Grant Specialist
Brandi Franklin
[email protected]

8. Program Officer
Lindy Dingerson Betzhold
[email protected]

9. Grant Officer
Brandi Franklin
[email protected]

FEDERAL AWARD INFORMATION

10. Award Number / FAIN
NA24NOSX473C0102-T1-01 / NA24NOSX473C0102 / Mod 0

11. Award Type
Cooperative Agreement

12. Period of Performance Start Date & End Date
10/01/2024 – 09/30/2029

13. Federal Share of Cost
$71,100,000

14. Recipient Share of Cost
$0

15. Total Federal and Recipient Cost
$71,100,000

16. Opportunity Number
NOAA-NOS-OCM-2023-2008068

17. Project Title
Regional Adaptation for Climate Resilience of Monterey Bay Coastal Communities

18. Assistance Listing Number and Name

11.473 Office for Coastal Management

19. Award Action Type
New Competing

20. Multiyear Award?
No

21. R&D Award?
No

22. Construction Award?
No

23. Grants Officer – Signature and Date
Brandi Franklin – 09/06/2024
Attachment 2

Department of Commerce
NOAA
NOS Office for Coastal Management (OCM)
Notice of Award
NA24NOSX473C0102-T1-01

NOTICE OF NOAA AWARD COVER LETTER
Congratulations, you are the recipient of NOAA award Number NA24NOSX473C0102-T1-01.

This Notice of Award (NoA) approved by the NOAA Grants Officer, constitutes the official grant award and the obligation of Federal funding. The NoA serves as the official legal document issued to notify the recipient and others that an award has been made. The NoA contains all terms and conditions of the grant award.

The complete NoA can be found and downloaded under eRA Commons using the following instructions: View Notice of Award | eRA
This NoA was sent to the specified email address entered in the NoA email field by the recipient organization when completing the electronic Research Administration (eRA) Commons registration process. The Signing Official (SO) can update this email address through the Institutional Profile section in eRA Commons. The NoA can also be viewed from the Status Information page in eRA Commons. By accepting the award, the recipient agrees to comply with the award provisions specified on the award document.

As the Signing Official (SO) you are authorized to legally bind the institution in grant-administration matters. In providing your signature approval on the grant application submission you are responsible for monitoring grant related activities and authorizing expenditures under this award.

Additional Information about your award is shown below:
• Assistance Listing Number: 11.473
• Project Period: 10/01/2024 – 09/30/2029
• Program Office: NOS Office for Coastal Management (OCM) • Program Officer: Lindy Dingerson Betzhold
• Program Officer Phone:
• Program Officer Email: [email protected]
• Total Federal Funding: $71,100,000
• Total Non-Federal Funding: $0
• Organization Name: CALIFORNIA MARINE SANCTUARY FOUNDATION • Project Title: Regional Adaptation for Climate Resilience of Monterey Bay Coastal Communities • Name of Principal Director/Project Investigator (PI/PD) as identified in the negotiated application:
o Danielle Brown (contact)
o Susan Marie Robinson
o Katelyn Sprofera
This email was sent from a source that is not monitored for responses. If you need assistance, contact your Program/Project Officer (for programmatic issues) or the eRA Help Desk (for technical issues).

Attachment 2

SECTION I – BUDGET INFORMATION

Approved Budget
Year 1
Federal
Year 2
Federal
Year 3
Federal
Year 4
Federal
Year 5
Federal
Total
Personnel(nonresearch)$581,910 $605,186 $629,393 $654,568 $627,297 $3,098,354 Fringe Benefits $174,574 $181,556 $188,816 $196,372 $188,189 $929,507 Travel $4,161 $10,433 $10,433 $10,433 $10,433 $45,893
Supplies $4,620 $620 $620 $620 $620 $7,100
Contractual $269,229 $272,887 $232,914 $241,013 $229,252 $1,245,295 Other $12,190,544 $13,456,010 $13,517,473 $16,257,374 $9,764,923 $65,186,324 Total Direct Charges $13,225,038 $14,526,692 $14,579,649 $17,360,380 $10,820,714 $70,512,473 Indirect Charges $114,399 $118,073 $117,277 $121,250 $116,528 $587,527 Federal $13,339,437 $14,644,765 $14,696,926 $17,481,630 $10,937,242 $71,100,000 Non-Federal $0 $0 $0 $0 $0 $0
Authorized
Cumulative
Federal $71,100,000
Non-Federal $0
Total $71,100,000
Authorized Funding Codes
Cumulative
140W8KMPZC 22P00 1410170000000000
00 41000100 IRA CRRC $71,100,000
Total $71,100,000
SECTION II – NOAA STANDARD TERMS AND CONDITIONS
• 2 CFR PART 200, UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS, AS ADOPTED PURSUANT TO 2 CFR § 1327.101
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 • DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS https://www.commerce.gov/oam/policy/financial-assistance-policy The Department of Commerce Financial Assistance Standard Terms and Conditions (ST&C) issued November 12, 2020, are incorporated by reference into this award. • Bureau Financial Assistance Standard Terms and Conditions Administrative Standard Award Conditions for National Oceanic and Atmospheric Administration (NOAA) Financial Assistance Awards U.S. Department of Commerce • Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements (REF: 79FR 78390)
https://www.govinfo.gov/content/pkg/FR-2014-12-30/pdf/2014-30297.pdf SECTION III – SPECIFIC AWARD CONDITIONS

SPECIAL TERMS

Foreign Air Carrier
The recipient shall comply with the provisions of the Fly America Act (49 U.S.C. § 40118).

The implementing regulations of the Fly America Act are found at 41 C.F.R. §§ 301-10.131 through 301-10.143. If a foreign air carrier is anticipated to be used for any portion of travel under a DOC financial assistance award the recipient must receive prior approval from the Attachment 2

Grants Officer.

New Award
This competitive award number NA24NOSX473C0102-T1-01 to CALIFORNIA MARINE SANCTUARY FOUNDATION supports the work described in the Recipient's proposal entitled Regional Adaptation for Climate Resilience of Monterey Bay Coastal Communities, dated 02/09/2024, as revised on 06/18/2024, which is incorporated into the award by reference.

This award is made under the following statutory authorities: Section 40001 of the Inflation Reduction Act (Public Law 117-169), Section 310 of the Coastal Zone Management Act (16 U.S.C. 1456c) (titled Technical Assistance ), the Digital Coast Act (Public Law 116-223), the National Climate Program Act (Public Law 95 367), and the Infrastructure Investment and Jobs Act (IIJA, Public Law 117-58). Where the terms of the award and proposal differ, the terms of the award shall prevail.

The terms in Section II of the Notice of Award applicable to this award are the version in effect at the time of award, unless the award is amended. Historical versions of 2 CFR 200 are available by clicking links at the top of the eCFR weblink in the Notice of Award.

Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Buy America Preference. Recipients of an award of Federal financial assistance from the Department of Commerce (Department) for a program for infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless:

1. all iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and

3. all construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States. The construction materials standards are listed below.

Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The Attachment 2

classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated.

Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified.

Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions:
a. For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a dutyfree entry certificate is issued); or b. For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product.

Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered “produced in the United States.” Except as specifically provided, only a single standard should be applied to a single construction material.

1. Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States.

2. Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States.

3. Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States.

4. Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others.

5. Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States.

6. Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States.

7. Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States.

8. Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States.

Attachment 2

Waivers
When necessary, recipients may apply for, and the Department may grant, a waiver from these requirements.

To help federal agencies and recipients meet BABA requirements, the U.S. Department of Commerce, National Institute for Standards and Technology (NIST), Hollings Manufacturing Extension Partnership (MEP) National Network™ provides a service to connect stakeholders, including recipients, to U.S. manufacturers that have relevant production capabilities and capacities to help fulfill current market and supply chain needs. Recipients considering a BABA nonavailability waiver are strongly encouraged to contact the NIST/MEP for assistance with supplier scouting services prior to seeking a BABA nonavailability waiver. Further information on the NIST/MEP supplier scouting services is available at: https://nist.gov/mep/supply-chain/supplier-scouting.

When the Department has made a determination that one of the following exceptions applies, the awarding official may waive the application of the Buy America Preference in any case in which the Department determines that:
applying the Buy America Preference would be inconsistent with the public interest (public interest waiver);
the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (nonavailability waiver); or
the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (unreasonable cost waiver).

A request to waive the application of the Buy America Preference must be in writing. The Department will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.

There may be instances where an award qualifies, in whole or in part, for an existing waiver described on the Department’s Build America, Buy America website found at https://www.commerce.gov/oam/build-america-buy-america.

Definitions
“Buy America Preference” means the “domestic content procurement preference” set forth in section 70914 of the Build America, Buy America Act, which requires the head of each Federal agency to ensure that none of the funds made available for a Federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials incorporated into the project are produced in the United States. “Construction materials” means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material.

1. The listed items are:
i. Non-ferrous metals;
ii. Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
Attachment 2

iii. Glass (including optic glass);
iv. Fiber optic cable (including drop cable);
v. Optical fiber;
vi. Lumber;
vii. Engineered wood; and
vii. Drywall.

2. Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material. “Infrastructure” means public infrastructure projects in the United States, which includes, at a minimum, the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy including electric vehicle (EV) charging.
“Infrastructure project” means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project. See also paragraphs (c) and (d) of 2 CFR 184.4.
“Iron or steel products” means articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both. “Manufactured products” means:

1. Articles, materials, or supplies that have been:
i. Processed into a specific form and shape; or
ii. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.

2. If an item is classified as an iron or steel product, a construction material, or a Section 70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under 2 CFR 184.4(e) and paragraph (1) of this definition may include components that are construction materials, iron or steel products, or Section 70917(c) materials.
“Predominantly of iron or steel or a combination of both” means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.
“Section 70917(c) materials” means cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. See Section 70917(c) of the Build America, Buy America Act.

Attachment 2

IMPLEMENTATION OF DOMESTIC SOURCING REQUIREMENT
Prior to initiation of any construction that may arise in this award, the Recipient is required to inform the NOAA Grants Officer and the Federal Program Officer whether it is using iron, steel, manufactured products, or construction materials as described in the Specific Award Condition in this award on Required Use of American Iron, Steel, Manufactured Products, and Construction Materials. In addition, the Recipient is required to inform the NOAA Grants Officer and the Federal Program Officer whether those materials are produced or manufactured in the United States, or alternatively, it is requesting one or more waivers, as described in the award condition. The Recipient is required to coordinate with NOAA regarding its compliance with this Term.

Signs (BIL/IRA)
The Recipient is responsible for constructing, erecting, and maintaining in good condition throughout the construction period a sign(s) satisfactory to NOAA that identifies the project and indicates that the project is Federally funded by the Bi-Partisan Infrastructure Law, and/or the Inflation Reduction Act (IRA). NOAA may require that the recipient maintain a permanent plaque or sign at the project site with the same or similar information. The temporary and permanent proposed signage implementation plans must be submitted to and approved by NOAA prior to installation.

Tangible Property Reporting and Disposition
Tangible personal property has been identified and budgeted in the grant application. The Recipient must report such property to NOAA. The SF-428, SF-428-B (final report), and as needed, the SF-428-S (inventory list) must be submitted no later than 120 days after the project end date. The SF-428-C (the disposition report) must be submitted when the property is no longer required for the purpose of the project, and in accordance with 200.311-314. These forms can be accessed at
https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html.

Pre-Award Costs
Pre-award costs in the amount of $146,488.65 for the period 06/01/2024 through 10/01/2024 are acceptable only to the extent of their reasonableness and relationship to the proposed activities of this award. The approved pre-award costs are a portion of, not in addition to, the approved total budget.

SPECIAL CONDITIONS

Programmatic Requirements for Inflation Reduction Act Climate Regional Resilience Challenge Awards
A. Implementing Project Activities: Prior to implementing a project activity developed as part of a planning activity funded under this award, the applicant must ensure that the work will be conducted in accordance with appropriate Federal, state and local laws.

B. Field Work: The applicant must ensure that any field work conducted as part of educational, training or volunteer programs/activities will be conducted in accordance with appropriate Federal, state and local laws and will follow recognized best practices for minimizing impacts to the human and natural environment.

Attachment 2

C. Safety: The Recipient is responsible for safety in the project, including the safety of project personnel, associates, visitors, and volunteers. In addition, for any Self-Contained Underwater Breathing Apparatus (SCUBA) diving activities in a project, it is the responsibility of the Recipient to ensure that SCUBA divers are certified to a level commensurate with the type and conditions of the diving activity being undertaken.

Furthermore, it is the responsibility of the Recipient to ensure that any SCUBA diving activities under this award meet, at a minimum, all applicable Federal, State, and local laws and regulations pertaining to the type of SCUBA diving being undertaken.

D. Uncrewed Aircraft Systems: If this project involves Unoccupied Aircraft Systems (UAS or drone technology), the Recipient is responsible for coordinating with the Federal Program Officer regarding any applicable policies and standards in NOAA's Office of Marine and Aviation Operations (OMAO) Handbook (June 2022, and any updates). See https://www.omao.noaa.gov/learn/aircraft-operations/aircraft/uncrewed-aircraft-systems.

In addition, for any UAS activities in a project, it is the responsibility of the Recipient to ensure it has complied with applicable federal/state/local laws and have the appropriate permits in hand prior to conducting drone operations.

E. Supplemental Guidance on Acknowledgement of Sponsorship for Climate Regional Resilience Challenge Awards: The following provision supplements the Department of Commerce Financial Assistance Standard Terms and Conditions G.05 and the Environmental Data and Publications Special Award Condition in this award: The cover of the title page of all reports, studies, or other documents, published or distributed electronically or hard copy, and acknowledgement pages of websites and web pages, that are supported in whole or in part by this award or any subawards shall acknowledge the financial assistance provided by the Inflation Reduction Act administered by the Office for Coastal Management, National Oceanic and Atmospheric Administration.

F. International Travel: Consistent with Department of Commerce Financial Assistance Standard Term and Condition G.05.d., all international travel is required to comply with the regulations set forth in the Fly America Act, 49 U.S.C. 40118.

G. Subaward and Contract Extensions: The Recipient is responsible for administering any requests for extensions of performance periods for any approved subaward or contract up to, but not beyond, the full Federal award period without prior approval by NOAA. NOAA must be notified in writing of any such task extension in semi-annual performance reports.

H. Funding Acknowledgement Sign: For any property restored or acquired under the award, the Recipient shall cause to be erected at the property a permanent plaque or sign satisfactory to NOAA that identifies the project and credits the "National Oceanic and Atmospheric Administration through the Inflation Reduction Act" as a funding source. The Recipient's final project report shall include photographs of the sign installed at the property as evidence that this award condition has been met.

I. Meeting Attendance: Applicants should allocate travel funds for any necessary coordination meetings at regional or national levels. Applicants should budget travel costs for up to two representatives of each collaborative to participate in three national Climate Regional Resilience Challenge program meetings during the period of performance.

NOAA Substantial Involvement for Cooperative Agreement
This award is a cooperative agreement as described in 2 C.F.R. 200.1, meaning that the NOAA is substantially involved in the project. NOAAs partnership involves the following:

Coordination and Oversight
● NOAA Office for Coastal Management (OCM) staff will coordinate and collaborate with the recipient on programmatic, administrative, and other award-related matters and provide guidance and assistance in the management and execution of the cooperative agreement throughout the period of performance.

Attachment 2

● OCM staff will closely monitor the execution of the award, and in its discretion, may review or monitor sub-awards for which the Recipient remains responsible. NOAA may require milestones before subsequent stages of the project may continue. ● NOAA may limit the recipient s discretion with respect to the scope of work, organizational structure, staffing, mode of operations, and other management processes, which will be coupled with close monitoring of operational involvement during performance.

Technical Assistance
● OCM and other NOAA staff will provide additional technical assistance to the recipient and participate in programmatic activities as needed. The specific terms (e.g., type, frequency, duration) of the technical assistance will be identified and agreed upon by the recipient and NOAA during the first four months of the period of performance and documented in a Technical Assistance Plan as part of the cooperative agreement. The Technical Assistance Plan may include known and anticipated assistance from OCM or other NOAA staff such as training delivery, facilitation and convening, geospatial services, tool and resource development, and other subject matter consultation. The Technical Assistance Plan will be an iterative document that captures evolving and emerging needs as the project progresses for the duration of the period of performance and may be updated on a semi-annual basis as needed.

Climate Resilience Regional Challenge Fellowships
If this award involves one or more Coastal Resilience Fellows, each fellow is anticipated to collaborate on the Recipient s project for a period of up to two years, starting in 2025.

Recipients are expected to cooperate with NOAA to establish fellowship activities for the project. A second round of fellows may also be considered under the award, subject to NOAA approval.

The Recipient will coordinate with NOAA as needed to ensure that the fellow s project activities remain consistent with program objectives. The Recipient must also coordinate with a third party administrator on implementation of the fellowship program, including ensuring that a salary, stipend, or other funding is provided to the fellow. Fellows are not agents or assignees of NOAA, and NOAA is not responsible for supervising or controlling the means and manner of any fellow's participation in the project, or establishing the work schedule or tenure for the fellow.

Specific responsibilities of the Recipient also include providing the following for each fellow:
● A specific two-year project for which the fellow can play a meaningful role; ● Office space, supplies, and equipment (such as a computer and any specific software); and
● A mentor to provide professional development advice and support, ensure the fellow is integrated into the project team and office, look for opportunities for the fellow to gain skills and experience, and supervise the fellow s project work.

Coastal Geospatial Services
Upon request, NOAA will collaborate with the Recipient on the potential for cooperative use of NOAA s Coastal Geospatial Services Contract (CGSC) for geospatial data and services.

Post Award Environmental Review Process
Attachment 2

National Environmental Policy Act (NEPA) Requirements for Change of Scope: Under Department of Commerce Standard Terms and Conditions G.04.a., the Recipient isrequired to identify to NOAA any impact the award will have on the quality of the human environment, and assist NOAA in complying with NEPA and associated environmental laws and policies. For any tasks or sub-tasks with a Special Award Condition attached requiring further NOAA Office for Coastal Management review prior to full approval, the Office for Coastal Management will review these tasks to determine the appropriate level of National Environmental Policy Act analysis, and if additional information is necessary.

If the scope of an award amendment has changed from the original grant scope (e.g., funding is being awarded for additional construction not originally considered), then NOAAwill consider if the change implicates the National Environmental Policy Act even if it was considered in the original award of the grant. A Categorical Exclusion, Environmental Assessment, or Environmental Impact Statement may be prepared for grant amendments, depending on scope of the amendment and what type of analysis is appropriate. For additional grant cycle steps, such as the release of funds, cost extensions, and other administrative steps that do not change the scope of the original grant award where NEPA was conducted, a NEPA review will not need to be conducted again.

NOAA may require additional information to fulfill post award NEPA and environmental compliance review requirements. If NOAA determines that an environmental assessment is required, applicants may also be required to assist in drafting the assessment.

Applicants may also be required to cooperate with NOAA in identifying and implementing feasible measures to reduce or avoid any identified adverse environmental impacts of their proposal.

Supplemental Reporting Guidance
This Special Award Condition supplements reporting requirements in 2 C.F.R. 200.328- 200.330, the Department of Commerce Standard Terms and Conditions and NOAA Administrative Standard Award Conditions.
(a) Format: Performance reports shall address the subject areas specified in Office for Coastal Management, FY 2024 Inflation Reduction Act Funding Performance Report Guidelines , which is available from the NOAA Office for Coastal Management and may be attached to this award.
(b) NOAA will coordinate with the recipient to develop performance metrics that will be used to evaluate the implementation of the projects. Additionally, NOAA will work with all CRRC recipients to develop resilience metrics for the CRRC program to evaluate the impact of adaptation efforts to build coastal resilience.

Land Acquisition Special Award Conditions- General Requirements A. General requirements on land acquisitions and conservation easements The Recipient shall comply with all requirements set forth in the Department of Commerce Financial Assistance Standard Terms and Conditions and 2 CFR 200, including 2 CFR 200.311, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA- 42 USC 4601 et seq., and implementing regulations issued at 15 CFR Part 11 and 49 CFR 24). The URA includes providing for fair and equitable treatment of displaced persons or of persons whose property is acquired as a result of Federal or Federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

The URA also includes requirements regarding notifications to the property owner and conflict of interest considerations. Consistent with these requirements, the term real property as used in these Conditions includes fee interests as well as conservation Attachment 2

easements. Unless approved by NOAA, conservation easements shall be perpetual in nature (as opposed to a conservation easement for a set term of years).

The Recipient agrees (a) Not to use any power of eminent domain available to the Recipient (including the commencement of eminent domain proceedings) for use in connection with the project for the purpose of advancing the economic interests of private parties; (b) Not to accept title to land, easements, or other interest in land acquired by the use of any power of eminent domain for use in connection with the project for such purposes; and (c) Any use of the power of eminent domain to acquire land, easements or interests in land, whether by the recipient or any other entity that has the power of eminent domain, in connection with the project without prior written consent of the operating unit constitutes an unauthorized activity and/or use of funds under the award, and subjects the recipient to appropriate enforcement action by the Grants Officer, including but not limited to the disallowance of award costs and the termination of an award.

B. Post-acquisition requirements
The Recipient shall manage the Property in accordance with the award. With the written approval of NOAA, Recipient may transfer the property to a public agency or entity that in the transfer document agrees to continue to manage the property in accordance with the award and to not further transfer the property without the written approval of NOAA. In the event NOAA becomes aware of title discrepancies or encumbrances that NOAA deems to interfere with the purpose for which these funds were granted, or if NOAA determines that the property has ceased to be used for the original purpose as approved by NOAA, the Recipient shall reimburse NOAAfor the Federal funds received for the project as provided in 2 CFR 200.311.

C. Deed Restriction Language
Pursuant to 2 C.F.R. 200.316, the deed(s) for the real property(ies) acquired with funds from this award shall contain substantially the following provision: "This property has been acquired [in part] with funds from Federal financial assistance award NA24NOSX473C0102 through NOAA's funding under the Inflation Reduction Act. Title to the property conveyed by this deed shall vest upon acquisition in the California Marine Sanctuary Foundation, Land Trust of Santa Cruz County, the Pajaro Storm Drain Maintenance District (PSDMD) of the County of Santa Cruz, the Pajaro Regional Flood Management Agency (PRFMA), or other title holder as approved by NOAA subject to the conditions that the property shall be managed for conservation purposes and consistent with the purposes for which it was acquired. The California Marine Sanctuary Foundation, the Land Trust of Santa Cruz County, the Pajaro Storm Drain Maintenance District (PSDMD) of the County of Santa Cruz, or the Pajaro Regional Flood Management Agency (PRFMA), shall not dispose of, exchange, encumber its title or other interests in, or convert the use of this property without the approval of NOAA or its successor agencies." For each property acquired under the award, a copy of the recorded deed showing the required language shall be submitted with the final project report.

D. Reimbursement of Grant Funds
In the event NOAA becomes aware that the property or easement has been disposed of, transferred, or exchanged; there are title discrepancies or encumbrances that NOAA deems interfere with the purpose for which these funds were granted; or if NOAA determines that the property has ceased to be used for the purposes for the original purposes as approved by NOAA, the Recipient is subject to 2 CFR Part 200.311(c) Real Property Use and Disposition requirements, which include reimbursement to NOAA for the share of the federal funds received for the project based on the fair market value of the interest in the land at the time of disposal.

Complete Project Documentation
The Recipient will complete all necessary due diligence tasks, including those referenced below, unless Recipient requests, and NOAA determines, the task is not applicable. No Attachment 2

NOAA funds may be expended on the acquisition until the Recipient has submitted the resulting due diligence documents to NOAA and NOAA has approved them. - Appraisal
Recipient shall commission an independent appraisal by a certified appraiser as set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 C.F.R. 24. Appraisals are to be prepared according to those requirements which establish fair market value of the property, including the Uniform Appraisal Standards for Federal Land Acquisition (UASFLA/Yellow Book) appraisal standard, and the Uniform Standards of Professional Appraisal Practice (USPAP) appraisal standard as applicable. The appraisal needs to have an effective date within one year prior to the date of acquisition.

The purchase price of the property should be based on the appraisal. Older appraisals or negotiated purchase prices above the appraised value may be acceptable upon consultation with NOAA. The Recipient should submit an independent review appraisal from a qualified review appraiser, if available. Please note that NOAA retains the right to conduct a separate and/or additional appraisal review, depending on the issues raised within the appraisal as well as the amount of federal investment. - Willing Seller Letter
The recipient should submit a letter from the seller affirming that s/he is a willing participant in negotiations to sell the property at a mutually agreeable price. - Evidence of Agreement
Recipient shall provide documentation (such as an option agreement, purchase agreement, or letter of intent) between the seller and Recipient that indicates agreement to the sale (or intent to agree if terms of a contract can be reached) and the price to be paid for the property.
- Preliminary Evidence of Title
Recipient shall provide evidence that the seller of the property is the owner and has marketable title free and clear of any liens or encumbrances that materially affect the value of the property. An Attorney s Preliminary Opinion on Title or title insurance binder in favor of the Recipient may serve as evidence. Recipient shall supply a copy of the title evidence along with copies of recorded exceptions to NOAA, and NOAA shall make a determination as to whether the condition of title is sufficient for the project to proceed.

Rights of way for public streets and utilities are generally acceptable unless NOAA determines that the encumbrance is inconsistent with the goals of the restoration project. - Environmental Site Assessment
If available, the applicant should submit any environmental assessment (e.g. phase 1 or phase 2 assessment) or environmental impact statement that has been done for the property.
- Survey
The Recipient shall provide a survey of the property in accordance with American Land Title Association/American Congress on Surveying and Mapping Minimum Standard Detail Requirements unless NOAA waives this requirement or determines the survey may be performed to lesser standards.
- Draft Conservation Easement or other use agreements
The Recipient shall provide copies of any proposed conservation easements or other use agreements that may affect long term use of the property. All secondary easements and agreements must be consistent with the purposes of the award.

Funding Restriction for Strategy 1.5: Community Foundation Santa Cruz County Attachment 2

Funding Restriction for Strategy 1.5: Community Foundation Santa Cruz County: Monterey Bay Climate Adaptation Revolving Fund (Environmental Compliance for Projects Funded) The Recipient is not authorized to expend federal funds held in the revolving loan fund for land acquisition, or purchase of real property interest through until the recipient provides to NOAA: [evidence of agreement with a willing seller, draft evidence of title, appraisal, survey, draft conservation easement, and draft deed for each site], and NOAA has reviewed and approved them. This does not prohibit recipients from expanding funding to negotiate, conduct appraisals, title searches, etc prior to purchasing properties. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. Note that information should be submitted at least 120 days prior to anticipated real property acquisition in order to allow for NOAA review of due diligence materials.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.3: Pajaro Storm Drain Maintenance The Recipient or Pajaro Storm Drain Maintenance District of the County of Santa Cruz is not authorized to expend federal funds for property or real property interest acquisition until the recipient provides to NOAA: [evidence of agreement with a willing seller, draft evidence of title, appraisal, survey, draft conservation easement, and draft deed for each site], and NOAA has reviewed and approved them. This does not prohibit recipients from expanding funding to negotiate, conduct appraisals, title searches, etc prior to purchasing properties. There may be no real estate cost but there will be costs for staff time processing the agreement including legal review and having the governance of both agencies approve the agreement. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. Note that information should be submitted at least 120 days prior to anticipated real property acquisition in order to allow for NOAA review of due diligence materials.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.3: Pajaro Storm Drain Maintenance - Task 2 The Recipient or Pajaro Storm Drain Maintenance District of the County of Santa Cruz is not authorized to expend federal funds for property acquisition until the recipient provides to NOAA: [evidence of agreement with a willing seller, draft evidence of title, appraisal, survey, draft conservation easement, and draft deed for each site], and NOAA has reviewed and approved them. This does not prohibit recipients from expanding funding to negotiate, conduct appraisals, title searches, etc prior to purchasing properties. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. Note that information should be submitted at least 120 days prior to anticipated real property acquisition in order to allow for NOAA review of due diligence materials.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Attachment 2

Funding Restriction for Strategy 3.4: Land Trust of Santa Cruz County The Recipient is not authorized to expend federal funds for the Easement Acquisition of Malatesta Ranch property (Task 1, subtask 1.2) until the recipient provides to NOAA:
[evidence of agreement with a willing seller, draft evidence of title, appraisal, survey, draft conservation easement, and draft deed for each site], and NOAA has reviewed and approved them. This does not prohibit recipients from expanding funding to negotiate, conduct appraisals, title searches, etc prior to purchasing properties. This information should be submitted to NOAAs Office for Coastal Management by May 31, 2027. Note that information should be submitted at least 120 days prior to anticipated real property acquisition in order to allow for NOAA review of due diligence materials.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.5: Pajaro Regional Flood Management Agency:

Pajaro River
The Recipient or Pajaro Regional Flood Management Agency is not authorized to expend federal funds for land acquisition, or purchase of real property interest for parcels ?051- 231-19? or ?051-231-22? (Task 4) until the recipient provides to NOAA: [evidence of agreement with a willing seller, draft evidence of title, appraisal, survey, draft conservation easement, and draft deed for each site], and NOAA has reviewed and approved them. This does not prohibit recipients from expanding funding to negotiate, conduct appraisals, title searches, etc prior to purchasing properties. This information should be submitted to NOAAs Office for Coastal Management by May 31, 2027. Note that information should be submitted at least 120 days prior to anticipated real property acquisition in order to allow for NOAA review of due diligence materials.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.4: Land Trust of Santa Cruz County: West Beach Ranch
The Recipient is not authorized to expend federal funds for the Easement Acquisition or purchase of the West Beach Ranch property conservation easement (Task 1, subtask 1.3) until the recipient provides to NOAA: evidence of agreement with a willing seller, draft evidence of title, appraisal, survey, draft conservation easement, and draft deed for each site], and NOAA has reviewed and approved them. This does not prohibit recipients from expanding funding to negotiate, conduct appraisals, title searches, etc prior to purchasing properties. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. Note that information should be submitted at least 120 days prior to anticipated real property acquisition in order to allow for NOAA review of due diligence materials.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested Unresolved
Attachment 2

documents
Funding Restriction for Strategy 3.5 Pajaro Regional Flood Management Agency:

Pajaro River
The Recipient or Pajaro Regional Flood Management Agency is not authorized to expend federal funds for land acquisition, or purchase of real property interest for parcel ?051- 231-17? (Task 4) until the recipient provides to NOAA: [evidence of agreement with a willing seller, draft evidence of title, appraisal, survey, draft conservation easement, and draft deed for each site], and NOAA has reviewed and approved them. This does not prohibit recipients from expanding funding to negotiate, conduct appraisals, title searches, etc prior to purchasing properties. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. Note that information should be submitted at least 120 days prior to anticipated real property acquisition in order to allow for NOAA review of due diligence materials.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Land Acquisition
Prior to completing land acquisition, the applicant must provide 1. property boundary, 2. presence of any historic or cultural sites within or adjacent to the parcel, 3. any existing Tribal use on or adjacent to the parcel that may be affected by this acquisition to OCM for environmental compliance review. The applicant cannot purchase the property with federal funds until the site information review is complete and a response from the OCM environmental compliance is received.This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. Note that information should be submitted at least 120 days prior to anticipated real property acquisition in order to allow for NOAA review of due diligence materials.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 1.5: NOAA review of Intended Use Plan & Approval for RLF
Strategy 1.5: Community Foundation Santa Cruz County: Monterey Bay Climate Adaptation Revolving Fund was not sufficiently defined for the National Ocean Service to perform internal NOAA approvals for use of a Revolving Loan Fund by the time the final award file needed to be submitted to obligate funds. This action requires the NOAA review of the Intended Use Plan for the Revolving Loan Fund and internal approvals. The Recipient is not authorized to expend federal funds in the amount of $1,662,799 for the revolving loan fund until the recipient provides to NOAA the Intended Use Plan and any additional information requested to satisfy requirements for approval from NOAA This information should be submitted to NOAAs Office for Coastal Management by May 31, 2027. NOAA will review these tasks for approval of this action. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to establish the revolving loan fund, unless there are other conditions placed on the award that would restrict this expenditure of funds.

Attachment 2

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 1.5: Community Foundation Santa Cruz County:

MBC Adaptation
Strategy 1.5: Community Foundation Santa Cruz County: Monterey Bay Climate Adaptation Revolving Fund was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. For this funding restriction, each funded action must satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receive approval from NOAA. The Recipient is not authorized to expend federal funds in the amount of $1,662,799 for funding projects using the revolving loan fund until the recipient provides to NOAA environmental information such scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. As individual projects are identified, each one must be submitted for environmental compliance review. This information should be submitted to NOAAs Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete funding to projects, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 1.6: Central Coast Wetlands Group: MB Climate Adaptation
Strategy 1.6: Central Coast Wetlands Group: Monterey Bay Climate Adaptation RegionalMonitoring was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for implementing monitoring under Strategy 1.6 until the recipient provides to NOAA a scope of work for monitoring, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2028. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 1.6, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
Attachment 2

05/31/2028 Submit requested
documents Unresolved
Funding Restriction for Strategy 2.1 Task 3: Watsonville Wetlands Watch Strategy 2.1: Watsonville Wetlands Watch: ?Pajaro Valley Climate Corps Workforce Development Training? was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for Task 3 activities that include earthwork or engagement in the environment until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 2.1 Task 3, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 2.2: Hartnell College
Strategy 2.2: Hartnell College: Climate-Ready Workforce Development and Leadership Program was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for activities within Tasks 1 and 2 that include earthwork or engagement in the environment until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 2.2, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 2.3: California State University Monterey Bay Attachment 2

Strategy 2.3: California State University Monterey Bay: Creating Generational Capacity in Coastal Climate Resilience and Risk Reduction was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for activities within Strategy 2.3 that include earthwork or engagement in the environment until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 2.3, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 2.4: University of California, Santa Cruz Strategy 2.4: University of California, Santa Cruz: Building and Diversifying the Climate Resilience Workforce through Undergraduate, Graduate, and Professional Training was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for activities within Strategy 2.4 that include earthwork or engagement in the environment until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 2.4, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.1, Task 6: City of Santa Cruz: Living Shorelines Strategy 3.1: City of Santa Cruz: ?City of Santa Cruz Living Shorelines? was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds in the amount of $1,250,000 for construction of living shoreline projects until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act Attachment 2

(NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies.Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.1, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.2 Outcome 1: City of Santa Cruz Jessie Street Marsh Wetland
Strategy 3.2 (Outcome 1): City of Santa Cruz Jessie Street Marsh Wetland Enhancement and Multi-Use Trail was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. Fieldwork in support of engineering and design is not expected to affect the natural environment, but the applicant must provide location, methods, and timing for review prior to starting work. Fieldwork in support of engineering and design is not expected to affect the natural environment, but the applicant must provide location, methods, and timing for review prior to starting work. The Recipient is not authorized to expend federal funds for restoration implementation or any earthwork until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.2 (Outcome 1), unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.2 Outcome 2: City of Santa Cruz San Lorenzo Park Strategy 3.2 (Outcome 2): City of Santa Cruz San Lorenzo Park Flood Management and Habitat Enhancement was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. Fieldwork in support of engineering and design is not expected to affect the natural environment, but the applicant must provide location, methods, and timing for review prior to starting work. The Recipient is not authorized to expend federal funds for restoration implementation or any earthwork until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives Attachment 2

approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.2 (Outcome 2), unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.3: Pajaro Storm Drain Maintenance District County of Santa Cruz
Strategy 3.3: Pajaro Storm Drain Maintenance District (PSDMD), County of Santa Cruz:
?Lower Watsonville Slough Ecosystem Restoration Project? was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to besubmitted to obligate funds. The Recipient is not authorized to expend federal funds for restoration project implementation or any earthwork until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.3, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.4 Task 2: Land Trust of Santa Cruz County Strategy 3.4: Land Trust of Santa Cruz County: Wetland Restoration for a Climate Resilient Pajaro River Estuary was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. Any monitoring for this project will be completed under and according to Strategy 1.6 s environmental compliance The Recipient is not authorized to expend federal funds in the amount of $2,127,500 for restoration and revegetation or any earthwork until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to Attachment 2

expend federal funds to complete Strategy 3.4, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.5: Pajaro Regional Flood Management Agency Strategy 3.5: Pajaro Regional Flood Management Agency: Pajaro River Confluence Area Project was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. Fieldwork in support of engineering and design is not expected to affect the natural environment, but the applicant must provide location, methods, and timing for review prior to starting work.The Recipient is not authorized to expend federal funds for channel and riparian habitat restoration work, agricultural land restoration, and construction that involve earthwork until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2028. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.5, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2028 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.6 Outcome 1: Elkhorn Slough Foundation Las Lomas Living Shoreline
Strategy 3.6 (Outcome 1): Elkhorn Slough Foundation Las Lomas Living Shoreline Installation & Trail Rebuilding was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. Fieldwork in support of engineering and design is not expected to affect the natural environment, but the applicant must provide location, methods, and timing for review prior to starting work. The Recipient is not authorized to expend federal funds for marsh restoration and trail restoration/protection, where activities require earthwork or engagement with the environment, until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2028. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.6 Attachment 2

(Outcome 1), unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2028 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.6 Outcome 2: Elkhorn Slough Foundation Marsh Transition Habitat
Strategy 3.6 (Outcome 2): Elkhorn Slough Foundation Marsh Transition Habitat Restoration along East Marsh was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for restoration implementation, including invasive species removal, revegetation, and restoration of wetland connectivity that include earthwork, until the recipient provides to NOAA necessary information, such as a scope of work, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2028. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.6 (Outcome 2), unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2028 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.6 Outcome 3: Elkhorn Slough Foundation Design and Permitting
Strategy 3.6 (Outcome 3): Elkhorn Slough Foundation Design and Permitting for KirbyNorth Marsh Complex was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for activities that involve earthwork during physical and biological surveys required for design and permitting or restoration implementation for a 1.5 acre living shoreline until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.6 (Outcome 3), unless there are other conditions placed on the award that would restrict this expenditure of funds.

Attachment 2

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.7 Outcome 1: Coastal Conservation & Research Salinas River Lagoon
Strategy 3.7 (Outcome 1): Coastal Conservation & Research Salinas River Lagoon and River Channel Water Control Structures was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. Fieldwork in support of engineering and design is not expected to affect the natural environment, but the applicant must provide location, methods, and timing for review prior to starting work.The Recipient is not authorized to expend federal funds for activities including earthwork for upgrading hydrologic control structures until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.7 (Outcome 1), unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.7 Outcome 2: Coastal Conservation & Research Strategy 3.7 (Outcome 2): Coastal Conservation & Research Old Salinas River and Tembladero Slough Floodplain Restoration was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. Fieldwork in support of engineering and design is not expected to affect the natural environment, but the applicant must provide location, methods, and timing for review prior to starting work. The Recipient is not authorized to expend federal funds for activities including earthwork for floodplain enhancement and habitat restoration until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.7 (Outcome 2), unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE DECISION DATE
Attachment 2

STATUS
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.8: Resource Conservation District of Monterey County
Strategy 3.8: Resource Conservation District of Monterey County: Salinas River Flood Risk Reduction and Habitat Improvement Project was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for activities including earthwork for habitat improvement until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.8, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 3.9: Big Sur Land Trust (BSLT) Strategy 3.9: Big Sur Land Trust (BSLT): Carmel River Floodplain Restoration & Environmental Enhancement (CRFREE) was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for restoration and environmental enhancement that involves earthwork until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.9, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Attachment 2

Funding Restriction for Strategy 3.10: Groundswell Coastal Ecology Strategy 3.10: Groundswell Coastal Ecology: Monterey Bay Living Shorelines Program was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds.

Fieldwork in support of engineering and design is not expected to affect the natural environment, but the applicant must provide location, methods, and timing for review prior to starting work. The Recipient is not authorized to expend federal funds for living shoreline implementation involving earthwork or engagement with the environment until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 3.10, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 4.1: Peninsula Open Space Trust Strategy 4.1: Peninsula Open Space Trust: San Vicente Redwoods Prescribed Burn Preparation and Fuel Reduction Project was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for prescribed burn and fuel reduction activities involving earthwork or engagement with the environment until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA?s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 4.1, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 4.2: Resource Conservation District of Monterey County
Attachment 2

Strategy 4.2: Resource Conservation District of Monterey County: North Monterey County Eucalyptus Treatment and Wildfire Prevention was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for eucalyptus treatment and wildfire prevention activities that include earthwork or engagement with the environment until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 4.2, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 4.3: Resource Conservation District of Monterey County
Strategy 4.3: Resource Conservation District of Monterey County: Monterey Bay Prescribed Fire and Cultural Burning Expansion was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for fire prevention, prescribed burn and cultural burning activities involving earthwork or engagement with the environment until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act(NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 4.3, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 4.4: Big Sur Land Trust Strategy 4.4: Big Sur Land Trust: Resilient Forest Restoration: Protecting Communities in the Wildland Urban Interface was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for fire Attachment 2

prevention or fuel reduction activities involving earthwork or engagement with the environment until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 4.4, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved
Funding Restriction for Strategy 4.5: Santa Lucia Conservancy Strategy 4.5: Santa Lucia Conservancy: Santa Lucia Fuels Reduction Project was not sufficiently defined for the National Ocean Service to perform an environmental review by the time the final award file needed to be submitted to obligate funds. The Recipient is not authorized to expend federal funds for fire prevention and fuel reduction activities involving earthwork or engagement with the environment until the recipient provides to NOAA necessary information, such as a scope of work, sampling protocol, site plans, map, permits, environmental consultations and any additional information requested to satisfy requirements for National Environmental Policy Act (NEPA) and environmental consultation, and receives approval from NOAA. This information should be submitted to NOAA s Office for Coastal Management by May 31, 2027. NOAA will review these tasks for compliance with NEPA and Environmental compliance once the applicant has submitted the final documentation to determine if additional information is necessary and what level of NEPA documentation applies. Once this Specific Award Condition has been released by NOAA, the Recipient is authorized to expend federal funds to complete Strategy 4.5, unless there are other conditions placed on the award that would restrict this expenditure of funds.

DUE DATE TASK NAME DUE DATE

STATUS DECISION DATE
05/31/2027 Submit requested
documents Unresolved

STANDARD TERMS AND CONDITIONS

Performance Progress Report (PPR)-Award Start Date Semi-Annual Project Progress Reports are due on a semi-annual basis, no later than 30 days following the end of each six (6) month period from the start date of the original award. A comprehensive final Project Progress Report is due within 120 days after the award expiration date and will include the last interim reporting period.

DUE DATE TASK NAME DUE DATE
STATUS

DECISION
DATE
05/01/2025 April 2025 Semi-Annual Report Unresolved
Attachment 2

10/31/2025 October 2025 Semi-Annual
Report Unresolved
05/01/2026 April 2026 Semi-Annual Report Unresolved
10/31/2026 October 2026 Semi-Annual
Report Unresolved
05/01/2027 April 2027 Semi-Annual Report Unresolved
10/31/2027 October 2027 Semi-Annual
Report Unresolved
05/01/2028 April 2028 Semi-Annual Report Unresolved
10/31/2028 October 2028 Semi-Annual
Report Unresolved
05/01/2029 April 2029 Semi-Annual Report Unresolved
10/31/2029 October 2029 Semi-Annual
Report Unresolved
Attachment 2

1. OMB Number: 4040-0007
Expiration Date: 02/28/2025

ASSURANCES - NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.

If such is the case, you will be notified.

As the duly authorized representative of the applicant, I certify that the applicant:

Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management
and completion of the project described in this
application.

Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.

2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.

3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain.

4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.

5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).

6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C.§§1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Standard Form 424B (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102

7. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally-assisted programs. These requirements
apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.

8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are funded in whole
or in part with Federal funds.

Tracking Number:GRANT14067223 Funding Opportunity Number:NOAA-NOS-OCM-2023-2008068 Received Date:Feb 09, 2024 06:23:57 PM EST Exhibit A: Assurances
Attachment 2

Standard Form 424B (Rev. 7-97) Back

9. 12.

Will comply, as applicable, with the provisions of the DavisBacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally-assisted
construction subagreements.

Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.

10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.

11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).

13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO
11593(identification and protection of historic
properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).

14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and
related activities supported by this award of assistance.

15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.

16. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."

18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program.

SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE

APPLICANT ORGANIZATION DATE SUBMITTED
Executive Director
California Marine Sanctuary Foundation
Danielle Brown
02/09/2024
Will comply with the requirements of Section 106(g) of
the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the award or subawards under the award.

19. Tracking Number:GRANT14067223 Funding Opportunity Number:NOAA-NOS-OCM-2023-2008068 Received Date:Feb 09, 2024 06:23:57 PM EST Exhibit A: Assurances
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OMB Number: 4040-0009
Expiration Date: 02/28/2025

ASSURANCES - CONSTRUCTION PROGRAMS

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.

Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.

As the duly authorized representative of the applicant:, I certify that the applicant:

NOTE:

1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning,
management and completion of project described in
this application.

2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State,
the right to examine all records, books, papers, or
documents related to the assistance; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.

3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal
awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project.

4. Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and approval of construction plans and specifications.

5. Will provide and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progressive reports and such other information as may be required by the assistance awarding agency or State.

6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain.

8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards of merit systems for programs funded
under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).

9. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681
1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29) U.S.C.
§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
amended relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statue(s)
under which application for Federal assistance is being made; and (j) the requirements of any other
nondiscrimination statue(s) which may apply to the
application.

Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102
Tracking Number:GRANT14067223 Funding Opportunity Number:NOAA-NOS-OCM-2023-2008068 Received Date:Feb 09, 2024 06:23:57 PM EST Exhibit A: Assurances
Attachment 2