HomeMy WebLinkAboutReso 94-327 - Rescinding Reso 94-314 & authorize entering into Amendatory Contract between USA, Dept of Interior, Bureau of Rec, Central Valley Project and COR providing water Serv, Contract No 14-06-200-5272A Amendatory RESOLUTION NO. 94- :�7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
(1) RESCINDING RESOLUTION NO. 94-314, AND (2)
AUTHORIZING ENTERING INTO AN AMENDATORY CONTRACT
BETWEEN THE UNITED STATES OF AMERICA, DEPARTMENT OF THE
INTERIOR, BUREAU OF RECLAMATION, CENTRAL VALLEY
PROJECT, AND THE CITY OF REDDING PROVIDING FOR WATER
SERVICE; CONTRACT NO. 14-06-200-5272A AMENDATORY.
WHEREAS, the City of Redding entered into Water Service
Contract No. 14-06-200-5272A dated February 22, 1971, to provide
a municipal and industrial water supply from the Sacramento River
or the 6-inch pipeline originating from the Toyon Pipeline to
that portion of the City known as the Buckeye Area; and
WHEREAS, said Contract has been amended from time-to-time;
and
WHEREAS, the parties wish to enter into an Amendatory
Contract, to supersede the February 22, 1971, contract as
amended, to add an additional point of diversion on the Project
Spring Creek Power Conduit to facilitate delivery of water to the
proposed Buckeye Water Treatment Plant;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council as
follows:
1. That Resolution No. 94-314 of November 1, 1994, is
hereby rescinded.
2. That the City of Redding enter into an Amendatory
Contract with the United States Department of the
Interior, Bureau of Reclamation, Central Valley \
Project, as explained in the accompanying Report to
City Council.
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3 . That the Mayor is hereby authorized and directed to
sign the Amendatory Contract on behalf of the City of
Redding, upon form approval by the City Attorney; and
the City Clerk is directed to attest the signature of
the Mayor and to impress the official seal of the City
of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution pertaining to
the amendatory contract with the Bureau of Reclamation to provide
for water service was introduced, read, and adopted at a regular
meeting of the City Council on the 15th day of November, 1994, by
the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ROBERT C. ANDERSON, Mayor
City of Redding
ATTEST:
CONNIE STROHMAYER City Clerk
FORM APPROVED:
RANDALL . HAYS, City Attorney
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I
S.O. Draft 06/25-1993
R.O. Draft 07/19-1993
Rev. R.O. 08/02-1993
Rev. R.O. 11/22-1993
Rev. R.O. 11/24-1993
Rev. R.O. 01/09-1994
Rev. N.C. 05/16-1994
Rev. N.C. 06/09-1994
Rev. N.C. 06/17-1994
Rev. R.O. 11/10-1994
Contract No.
14-06-200-5272A
Amendatory
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Central Valley Project, California
AMENDATORY CONTRACT BETWEEN THE UNITED STATES OF AMERICA
AND CITY OF REDDING PROVIDING FOR WATER SERVICE
Table of Contents
Article No. Page_No•
Preamble 1
Explanatory Recitals 2-3
1 Definitions 3-6
2 Term of Contract--Beneficial Use 6
3 Water to be Furnished to the Contractor--Resale 7-8
4 Water Schedules 9
5 Rates and Method of Payment for Water 9-12
6 Adjustments 12-13
7 Use of the 6-Inch Pipeline 13
8 O&M and Ownership of the 6-Inch Pipeline--United
States to be Held Harmless 13-16
9 Work Requested by Contractor
Relating to Project Works 16-17
10 Points of Delivery 17
11 Measurement and Responsibility for Distribution of Water 17-19
12 Measurement for the Conservation of Water 19-20
13 Temporary Reductions 20
14 Return Flow 20
15 United States not Liable for Water Shortage--
Apportionment 20-23
16 O&M and Ownership of Toyon Pipeline 23
17 Water Wheeling Through 6-Inch Pipeline 24
18 Place of Use--Transfers or Exchanges of Water 24
19 Quality of Water 25
20 Water and Air Pollution Control 25
21 Hazardous Material 25-26
22 General Obligation--Benefits Conditioned Upon Payment 26-27
23 Charges for Delinquent Payments 27
24 Books, Records, and Reports 27
25 Contingent on Appropriation or Allotment of Funds 28
26 Officials not to Benefit 28
27 Changes in Contractor's Service Area 28
28 Assignment Limited--Successors and Assigns Obligated 28
29 Rules, Regulations, and Determinations 28
30 Equal Opportunity 29-30
31 Water Conservation 30-31
32 Compliance with Civil Rights Laws and Regulations 31-32
33 Notices 32
Signature Page 33
Exhibit A
Exhibit B
S.O. Draft 06/25-1993
R.O. Draft 07/19-1993
Rev. R.O. 08/02-1993
Rev. R.O. 11/22-1993
Rev. R.O. 11/24-1993
Rev. R.O. 01/09-1994
Rev. N.C. 05/16-1994
Rev. N.C. 06/09-1994
Rev. N.C. 06/17-1994
Rev. R.O. 11/10-1994
Contract No.
14-06-200-5272A
Amendatory
I UNITED STATES
2 DEPARTMENT OF THE INTERIOR
3 BUREAU OF RECLAMATION
4 Central Valley Project, California
5 AMENDATORY CONTRACT BETWEEN THE UNITED STATES OF AMERICA
6 AND CITY OF REDDING PROVIDING FOR WATER SERVICE
7 THIS AMENDATORY CONTRACT, made this day of ,
8 1994, in pursuance generally of the Act of June 17, 1902 (32 Stat. 388), and acts
9 amendatory thereof or supplementary thereto, including but not limited to the Acts of
10 August 26, 1937 (50 Stat. 844), as amended and supplemented, August 4, 1939 (53 Stat.
11 1187), as amended and supplemented, October 12, 1982 (96 Stat. 1263), as amended,
12 October 27, 1986 (100 Stat. 3050), as amended, and the Act of October 30, 1992 (106
13 Stat. 4706), all collectively hereinafter referred to as the Federal Reclamation laws,
14 between THE UNITED STATES OF AMERICA, hereinafter referred to as the United
15 States, and the CITY OF REDDING, hereinafter referred to as the Contractor, an
16 incorporated City of the State of California, duly organized, existing, and acting pursuant
17 to the laws thereof,
Rev. R.O. 11/10-1994
1 WITNESSETH, That:
2 EXPLANATORY RECITALS
3 WHEREAS, the United States has constructed and is operating the
4 Central Valley Project, California, hereinafter referred to as the Project, for the purpose,
5 among others, of furnishing.water for irrigation, municipal, industrial, domestic, and
6 other beneficial uses; and
7 WHEREAS, on December 18, 1951, the United States and the Buckeye
8 County Water District entered into Contract No. 175r-3927, which was subsequently
9 amended on various occasions; and
10 WHEREAS, in 1967 the Buckeye County Water District was dissolved and
11 Contract No. 175r-3927, as amended, was assigned to the Contractor; and
12 WHEREAS, the Contractor and the United States have entered into a
13 Contract, No. 14-06-200-5272A, dated February 22, 1971, as amended on January 10,
14 1990, which provided a municipal and industrial water supply from the Sacramento River
15 or the 6-Inch Pipeline originating from the Toyon Pipeline to that portion of the
16 Contractor known as the Buckeye Service Area; and
17 WHEREAS, the Contractor has requested to add an additional point of
18 diversion on the Project Spring Creek Power Conduit to facilitate delivery of water to
19 the Contractor's proposed Buckeye water treatment plant, and the United States is
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1 willing to add the additional point of diversion, and update the contract to comply with
2 Federal laws, regulations, and policies; and
3 WHEREAS, the water diverted from the Spring Creek Power Conduit by
4 the Contractor will not be available to pass through the Project's hydroelectric generators
5 at Spring Creek or Keswick Powerplants, which will result in losses of electricity
6 generated by the Project; and as such the Contractor is willing to compensate the United
7 States for such electricity losses through an agreement with the Western Area Power
8 Administration, Department of Energy, for any foregone generation based on the terms
9 of that agreement; and
10 WHEREAS, Title XXXIV of Public Law No. 102-575 (106 Stat. 4706)
11 requires changes in certain provisions included in this contract;
12 NOW, THEREFORE, in consideration of the mutual covenants herein
13 contained, it is agreed as follows:
14 DEFINITIONS
15 1. When used herein, unless otherwise distinctly expressed or manifestly
16 incompatible with the intent hereof, the terms:
17 (a) "Charges" shall mean the payments in addition to the-Rates
18 determined annually by the Contracting Officer, including but not limited to, the
19 payments required by Section 3407 of Title XXXIV of Public Law 102-575; and
20 (b) "Delivered Water" shall mean Project water made available by the
21 Contracting Officer and diverted to the Contractor at approved point(s) of
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1 delivery; and
2 (c) "Meter Vault" shall mean the Project's concrete box containing
3 pipelines, meters, and valves located on the 6-Inch Pipeline about 3/4 mile south
4 of the intersection of Lake Boulevard and Shasta Dam Boulevard as shown on
5 Exhibit A, attached hereto and made a part hereof; and
6 (d) "Municipal, Industrial, and Domestic", hereinafter referred to as
7 "M&I", shall mean all uses of Project water for other than the commercial
8 production of agricultural crops or livestock, including domestic use incidental
9 thereto; and
10 (e) "M&I Full Cost Rate" shall mean the annual rate, which, as
11 determined by the Secretary, shall amortize the expenditures for construction
12 allocable to Project M&I facilities in service, including all operation and O&M
13 deficits funded, less payments, over such periods as may be required under
14 Federal Reclamation law or applicable contract provisions, with interest on both
15 accruing from the dates such costs were first incurred plus the applicable rate for
16 the O&M of such Project facilities; and
17 (f) "New Facilities" shall mean the Contractor's proposed Buckeye
18 Water Treatment Plant, to be constructed on land leased from the United States,
19 near the Spring Creek Power Conduit, connected to an existing water distribution
20 system in the Service Area (northwest sector of the City); and
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1 (g) "O&M" shall mean normal and reasonable care, control, operation,
2 repair, replacement, and maintenance; and
3 (h) "Project Works" shall mean all those facilities defined in subsections
4 (c), (n), and (q) of this Article; and
5 (i) "Rates" shall mean the payments determined annually by the
6 Contracting Officer in accordance with the then current ratesetting policies of the
7 Project; and
8 0) "Reclamation" shall mean the United States, Bureau of
9 Reclamation; and
10 (k) "Secretary" or "Contracting Officer" shall mean the Secretary of the
11 Interior or his duly authorized representative; and
12 (1) "Service Area" shall mean the Contractor's Buckeye Water Service
13 Area, as shown on Exhibit A; and
14 (m) "Spring Creek Power Conduit" shall mean the Project's conveyance
15 conduit, running from Whiskeytown Lake to Spring Creek Powerplant on
16 Keswick Lake; and
17 (n) "Toyon Pipeline" shall mean the Project's 16-Inch Pipeline which
18 originates from the left abutment of Shasta Dam and runs to the section line
19 between Sections 23 and 26 of Township 33 North, Range 5 West, as shown on
20 Exhibit A of this contract; and
21 (o) "Western" shall mean the Western Area Power Administration,
5
Rev. R.O. 11/10-1994
1 United States, Department of Energy; and
2 (p) "Year" shall mean the period from and including March 1
3 of each calendar year through the last day of February of the following calendar
4 year; and
5 (q) "6-Inch Pipeline" shall mean the Project's pipeline, or the
6 Contractor's parallel replacement pipeline in those areas where use of the
7 Project's pipeline has been discontinued, originating at the north boundary of
8 Section 26 through Section 35 in Township 33 North, Range 5 West, to a storage
9 tank, in Section 2 of Township 32 North, Range 5 West, as generally shown on
10 Exhibit A, and extending south to the north boundary of Section 11, Township 32
11 North, Range 5 West.
12 TERM OF CONTRACT--BENEFICIAL USE
13 2. (a) This amendatory contract shall be effective the 1st day of the month
14 after the date of its execution and shall remain in effect through December 31, 2009:
15 Provided, That under terms and conditions agreeable to the parties, this amendatory
16 contract may be renewed for successive periods of up to twenty-five (25) Years each.
17 The terms and conditions of each renewal contract shall be agreed upon within a
18 reasonable time prior to the expiration of the then existing contract.
19 (b) This amendatory contract, hereinafter referred to as the Contract,
20 shall supersede Contract No. 14-06-200-5272A, dated February 22, 1971.
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1 WATER TO BE FURNISHED TO THE CONTRACTOR--RESALE
2 3. (a) From the effective date of this contract through February 28, 1995,
3 the United States shall make available to the Contractor, subject to Articles 13 and 15,
4 up to 6,140 acre-feet of Project water, less the amount of Delivered Water already
5 furnished to the Contractor, from March 1, 1994, and the Contractor shall pay for the
6 quantities specified in its schedule submitted in accordance with Article 4(a).
7 (b) Commencing March 1, 1995, the United States shall make available
8 to the Contractor each Year, subject to Articles 13 and 15, up to 6,140 acre-feet of
9 Project water and the Contractor shall pay for the quantities specified in its schedule(s)
10 submitted in accordance with Article 4.
11 (c) The Contractor shall take delivery of Project water at point or
12 points of delivery agreed upon pursuant to Article 10 herein: Provided, That in no event
13 shall the United States be obligated to furnish Project water from Shasta Reservoir at
14 the Meter Vault on the 6-Inch Pipeline in excess of 40 acre-feet per Year: Provided
15 further, That the Contractor's entitlement to take Project water from Shasta Reservoir at
16 the Meter Vault on the 6-Inch Pipeline shall terminate 12 months after the Contracting
17 Officer provides written notice to the Contractor that the capacity of the upstream Toyon
18 Pipeline is needed by the United States for other Project purposes: Provided further,
19 That the Contractor shall continue to perform all duties required by Article 8 of this
20 contract through the effective date of the termination.
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1 (d) Water furnished by the United States under this contract shall be
2 used by the Contractor only for M&I purposes.
3 (e) In the event the Contractor in any Year requires a quantity of
4 Project water in addition to the maximum quantity which the United States is obligated
5 to furnish to the Contractor, such additional water, if available, as determined by the
6 Contracting Officer, may be furnished upon receipt from the Contractor of a written
7 notice requesting such additional water together with a schedule indicating the desired
8 times and quantities and payment for such water at the appropriate Rates and Charges
9 described in Article 5 hereof: Provided, That the diversion by the Contractor of such
10 additional quantities of water shall neither entitle nor obligate the Contractor to divert
11 such quantities in subsequent Years.
12 (f) Water furnished to the Contractor pursuant to this contract shall not
13 be used by the Contractor for power production (hydro-electric generation) unless such is
14 incidental to water delivery to individual customers for consumptive use and is so used
15 with the concurrence of Reclamation.
16 (g) Water furnished to the Contractor pursuant to this contract shall be
17 considered and accounted for separate and apart from the water furnished to the
18 Contractor under Contract No. 14-06-200-2871A, dated May 31, 1966, between the
19 United States and the Contractor.
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Rev. R.O. 11/10-1994
1 WATER SCHEDULES
2 4. (a) Upon execution of this contract, the Contractor shall submit a
3 written schedule to the Contracting Officer indicating the times, quantities, and point(s)
4 of diversion of all Project water to be delivered to the Contractor pursuant to this
5 contract during the remaining months of the current Year.
6 (b) Before March 1 of each Year, and at such other times as necessary,
7 the Contractor shall submit to the Contracting Officer, a written schedule, satisfactory to
8 the Contracting Officer, showing the times, quantities, and point(s) of diversion of
9 Project water to be furnished by the United States to the Contractor pursuant to this
10 contract, during the upcoming Year.
11 (c) Subject to the conditions set forth in Article 3(b), the United States
12 shall furnish Project water to the Contractor in accordance with the initial schedule
13 submitted by the Contractor pursuant to subdivision (b) above, or any revision(s) thereto
14 submitted within a reasonable time prior to the date(s) on which the requested change(s)
15 is/are to be implemented.
16 RATES AND METHOD OF PAYMENT FOR WATER
17 5. (a) The Contractor shall pay the United States in monthly payments as
18 provided in this Article for the quantities of Delivered Water furnished to the Contractor
19 pursuant to this contract. Such payments shall consist of the applicable Rates and
20 Charges determined annually in accordance with applicable Federal law and associated
9
Rev. R.O. 11/10-1994
1 regulations. The Rates and Charges applicable upon execution of this contract are set
2 forth in Exhibit B.
3 (b) The Contracting Officer shall notify the Contractor of the
4 preliminary and/or final Charges, as early as available, for the period October 1 of the
5 current calendar year through September 30, of the following calendar year, and such
6 final notification shall revise Exhibit "B".
7 (c) The Contracting Officer shall provide the Contractor an estimate of
8 the Rates of payment, as early as available, for the following Year and the computations
9 and cost allocations upon which those Rates are based. The Contractor shall be allowed
10 not less than two months to review and comment on such computations and cost
11 allocations. The Contracting Officer shall notify the Contractor of the final Rates to be
12 in effect for the upcoming Year, and such notification shall revise Exhibit "B".
13 (d) The Contractor shall pay the United States, in monthly payments as
14 provided herein, for the quantities of Delivered Water furnished to the Contractor
15 during the Year, all at the Rate(s) and Charges established pursuant to subdivision (a) of
16 this Article and the following Rate structure:
17 (1) The quantity of Project water up to and including 80 percent of
18 Contractor's maximum contractual Project water entitlement specified in Article
19 3(a) shall be paid for by the Contractor at the applicable cost of service Rate
20 specified in Exhibit B;
21 (2) The quantity of Project water in excess of 80 percent and up to
10
Rev. R.O. 11/10-1994
1 and including 90 percent of the Contractor's maximum contractual Project water
2 entitlement specified in Article 3(a) shall be paid for by the Contractor at the
3 Rate equal to the average of the otherwise applicable cost of service Rate
4 specified in Exhibit B and the applicable M&I Full Cost Rate.
5 (3) The quantity of Project water in excess of 90 percent of the
6 Contractor's maximum contractual Project water entitlement specified in Article
7 3(a) shall be paid for by the Contractor at the applicable M&I Full Cost Rate.
8 (e) At the time the Contractor submits the initial schedule to the
9 Contracting Officer pursuant to Article 4(a) of this contract, the Contractor shall pay the
10 United States the total amount payable for all water scheduled to be delivered and/or
11 diverted pursuant to this contract during the first two (2) calendar months of the
12 remainder of the current Year. Before the end of the first calendar month or part
13 thereof of that Year, and before the end of each month thereafter, the Contractor shall
14 pay for all water delivered and/or diverted in accordance with its latest schedule during
15 the second calendar month immediately following. Adjustments between the payments
16 for the scheduled amounts of water and the appropriate payments for quantities of water
17 actually delivered and/or diverted each month shall be made by the last day of the
18 following month: Provided, That any revised schedule submitted by the Contractor
19 pursuant to Article 4 which increases the Contractor's water deliveries shall be
20 accompanied by payment for such additional water to assure water is not delivered
21 and/or diverted in advance of payment. In any calendar month in which the quantity of
11
Rev. R.O. 11/10-1994
1 water delivered and/or diverted to the Contractor equals the quantity of water scheduled
2 and paid for by the Contractor, no additional water shall be delivered and/or diverted to
3 the Contractor unless and until payment is made for such additional water. Final
4 adjustment between the payments for the Project water scheduled and the quantities of
5 Delivered Water during each Year pursuant to this contract shall be made by March 31,
6 of the following Year.
7 (f) The Contractor shall pay all Charges owing for Delivered Water
8 before the end of the month following the month of delivery. Such amounts shall be
9 consistent with the quantities of M&I water shown in the United States' water delivery
10 report for the subject month. The water delivery report shall be regarded by the
11 Contractor as a bill for payment of appropriate Charges. Any monthly adjustment for
12 overpayment or underpayment of Charges shall be accomplished through the adjustment
13 of Charges due to the United States in the next month. By March 31 of each calendar
14 year, the Contractor shall make any additional payment of Charges it is obligated to
15 make for Delivered Water furnished to the Contractor in the prior Year pursuant to this
16 contract. The amount to be paid for past due payment of Charges shall be computed
17 pursuant to Article 23 of this contract.
18 ADJUSTMENTS
19 6. If there is furnished by reason of a shortage, apportionment,
20 discontinuance, or reduction of service less than the quantity of water which the
21 Contractor otherwise would be entitled to receive, the amount of any overpayment by
12
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1 the Contractor shall be applied first to any accrued indebtedness due and payable to the
2 United States arising out of this contract. The amount of any overpayment then
3 remaining shall, at the option of the Contractor, be refunded to the Contractor or
4 credited upon amounts to become due to the United States from the Contractor under
5 this contract in the ensuring Year. Such adjustment shall constitute the sole remedy of
6 the Contractor or anyone having or claiming to have the right to the use of any of the
7 water supply provided for herein.
8 USE OF THE 6-INCH PIPELINE
9 7. The Contractor may take Project water from the 6-Inch Pipeline pursuant
10 to the terms and limitations of subdivision (c) of Article 3 of this contract; use the 6-Inch
11 Pipeline for approved water transfers in accordance with of Article 18 of this contract;
12 and provide for pressurized deliveries of Project water through the 6-Inch Pipeline to the
13 Service Area pursuant to this contract.
14 O&M AND OWNERSHIP OF THE
15 6-INCH PIPELINE--UNITED STATES TO BE HELD HARMLESS
16 8. (a) The Contractor at its own expense shall O&M the 6-Inch Pipeline
17 as identified on Exhibit A of this contract to the extent reasonably necessary to keep that
18 Project facility operating in a satisfactory manner. By letter agreement, including
19 provision for reimbursement by the Contractor of all costs incurred by the United States,
20 the Contractor may be relieved of its responsibilities to O&M one or more sections of
21 the 6-Inch Pipeline and Exhibit A shall be modified accordingly. Such relief, however,
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1 does not relieve the Contractor from maintaining the United States ability to transport
2 water from the Meter Vault to the southernmost terminus of the 6-Inch Pipeline.
3 (b) Unless otherwise provided by the Congress of the United States,
4 ownership of the 6-Inch Pipeline shall remain in the name of the United States.
5 (c) No liability shall accrue against the United States, its officers, and
6 employees because of damage caused by O&M of the 6-Inch Pipeline by the Contractor.
7 The Contractor hereby releases the United States and agrees to indemnify it from all
8 damage claims that may result from such O&M.
9 (d) From time to time the Contracting Officer, may make a review of
10 maintenance of the 6-Inch Pipeline in order to assist the Contractor in determining the
11 condition of those facilities and the adequacy of the maintenance program. The review
12 may include any or all of the 6-Inch Pipeline. A report of the review, including
13 recommendations, if any, shall be prepared and copies shall be furnished to the
14 Contractor. If deemed necessary by the Contracting Officer or when requested by the
15 Contractor, an inspection of all or part of the 6-Inch Pipeline and of the Contractor's
16 books and records relating thereto may be made to ascertain whether the requirements
17 of this contract are being satisfactorily performed by the Contractor or to assist the
18 Contractor in solving specific problems. Any such inspection shall, except in a case of
19 emergency, be made after written notice to the Contractor and the actual cost thereof
20 shall be paid by the Contractor to the United States in the manner provided in Article 9
21 hereof. Contractor representatives may participate in the review or inspection. In the
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1 event such inspection reveals that the 6-Inch Pipeline is in need of repair reasonably
2 necessary to keep the line operating in a satisfactory manner, in the conclusive opinion
3 of the Contracting Officer, and the Contractor neglects or fails to make such repairs but
4 retains its desire to continue to take water from the Meter Vault, the United States may
5 cause the repairs to be made and charge the costs thereof to the Contractor. The
6 Contractor shall pay the full amount of the costs of any such inspection and/or repairs to
7 the United States on or before March 1 following the calendar year during which the
8 costs of such inspection and/or repairs were incurred.
9 (e) If any time the Contracting Officer determines that the Contractor
10 has not cared for, operated, or maintained the 6-Inch Pipeline or Delivered Water
11 pursuant to the terms of this contract, the Contracting Officer may send notice to the
12 Contractor specifying the cause(s) thereof and requiring their remedy within 60 days. If
13 such cause(s) is (are) not remedied to the satisfaction of the Contracting Officer within
14 that 60-day period, the United States may take back and operate and maintain the 6-Inch
15 Pipeline. The cost of the care, operation, and maintenance of the 6-Inch Pipeline, during
16 the time of their O&M by the United States, shall be paid in advance by the Contractor
17 on the basis of estimates for a particular calendar year, or portion thereof, furnished to it
18 by the United States. The surplus of any amount advanced by the Contractor in excess
19 of the actual cost of O&M by the United States, as shown in the statement of such
20 actual cost furnished by the United States, shall be refunded to the Contractor or at
21 option of the Contractor credited upon estimated future costs of O&M by the United
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1 States. Whenever in the opinion of the Contracting Officer the funds available from
2 payments made by the Contractor to pay the estimated O&M costs are inadequate to
3 properly maintain the 6-Inch Pipeline to the end of any calendar year, the Contracting
4 Officer may give to the Contractor notice of a supplemental O&M charge stating the
5 additional advance of funds required for such O&M and the Contractor shall pay the
6 amount thereof on or before the date specified in such notice. The 6-Inch Pipeline so
7 taken back by the United States may be retransferred to the Contractor upon the
8 furnishing to the Contractor by the United States of a 90-day written notice of intention
9 to retransfer.
10 (f) In no event shall any substantial change be made by the Contractor
11 to the 6-Inch Pipeline without first obtaining the written consent of the Contracting
12 Officer. The Contracting Officer's opinion as to whether any change is substantial shall
13 be conclusive and binding on the Contractor.
14 WORK REQUESTED BY CONTRACTOR
15 RELATING TO PROJECT WORKS
16 9. In addition to all other payments to be made by the Contractor under this
17 contract, the Contractor shall repay to the United States, within sixty (60) days after
18 receipt of a bill and detailed statement submitted by the Contracting Officer to the
19 Contractor for such specific items of direct cost incurred by the United States for work
20 requested by the Contractor. The costs shall be those normally charged by the United
21 States plus a percentage of such direct costs for administrative and general overhead in
22 accordance with applicable Reclamation policy and procedures. The conditions of such
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1 items of work shall be mutually agreed upon prior to the United States incurring any
2 costs.
3 POINTS OF DELIVERY
4 10. The water to be furnished to the Contractor pursuant to this contract shall
5 be diverted at the Meter Vault on the 6-Inch Pipeline, from the Spring Creek Power
6 Conduit at the New Facilities, the existing point or points of delivery from the
7 Sacramento River below Keswick Dam and/or any points as may be mutually agreed
8 upon in writing.
9 MEASUREMENT AND RESPONSIBILITY FOR DISTRIBUTION OF WATER
10 11. (a) All water delivered to the Contractor pursuant to this contract at
11 any point or points of delivery, including backwash water used for cleaning the filters of
12 the New Facilities, shall be measured by the Contractor with measuring equipment or
13 devices satisfactory to the Contracting Officer installed and maintained by the Contractor
14 at its own expense. Such measuring equipment or devices shall be installed at the point
15 of diversion or at points where such water enters the Service Area as delineated in
16 Exhibit A. At least once each year or upon the request of the Contracting Officer, the
17 Contractor shall investigate the accuracy of all measuring equipment or devices at the
18 point(s) of delivery identified in Article 10 of this contract. The United States shall be
19 afforded reasonable opportunity to have its representatives present during the inspection
20 and testing procedure by the Contractor and shall have full and free access at all
21 reasonable times to inspect said measuring equipment or devices for the purpose of
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1 determining the accuracy and condition thereof. If said measurement equipment or
2 devices are found to be defective or inaccurate they shall be repaired, or replaced by the
3 Contractor. In the event the Contractor neglects or fails to make such repairs or
4 replacements within a reasonable time as may be necessary to satisfy the operating
5 requirements of the Contracting Officer, the United States may cause the repairs or
6 replacements to be made and the costs thereof charged to the Contractor, which charge
7 the Contractor shall pay to the United States on or before March 1 of the calendar year
8 following that in which the cost was incurred and a billing was thereof furnished by the
9 United States. Adjustments in billing may, at the discretion of the Contracting Officer,
10 be made to compensate for meter inaccuracies.
11 (b) A computation of the total quantity of water delivered each month
12 by the Contractor shall be furnished to the Contracting Officer on or before the seventh
13 day of the following month or at other times upon request of the Contracting Officer.
14 (c) The United States shall not be responsible for the control, carriage,
15 handling, use, disposal, or distribution of water which may be furnished to the Contractor
16 pursuant to this contract beyond the delivery points established in Article 10 of this
17 contract, nor for claim of damage of any nature whatsoever including, but not limited to,
18 property damage, personal injury, or death arising out of or connected with the control,
19 carriage, handling, use, disposal, or distribution of such water beyond the point or points
20 of delivery.
18
Rev. R.O. 11/10-1994
1 (d) The Contractor shall inform, in writing, the Contracting Officer and
2 the State of California annually as to the monthly volume of surface water delivered for
3 use within its Service Area.
4 MEASUREMENT FOR THE CONSERVATION OF WATER
5 12. (a) Upon execution of this contract, the Contractor shall ensure that all
6 water delivered shall be measured at each M&I service connection with water measuring
7 devices or water measuring methods of comparable effectiveness acceptable to the
8 Contracting Officer. The Contractor shall be responsible for installing, operating,
9 maintaining, and repairing all measurement devices or water measuring methods at no
10 cost to the United States. The Contractor shall use the information obtained from such
11 water measuring devices or water measuring methods to ensure proper management of
12 the water; to bill water users for water delivered by the Contractor; and, to record water
13 delivered for municipal and industrial purposes by customer class as defined in their
14 water conservation plan. Nothing herein contained, however, shall preclude the
15 Contractor from establishing and collecting any charges, assessments, or other revenues
16 authorized by California law. The Contractor shall submit a summary of water delivered
17 according to customer class to the Contracting Officer with the annual report as
18 described in Article 31.
19 (b) All new surface water delivery systems installed within the Contractor's
20 Service Area after the effective date of this contract shall also comply with the
21 measurement provisions described in subdivision (a) of this Article.
19
Rev. R.O. 11/10-1994
1 (c) If the water measuring devices or water measuring methods of
2 comparable effectiveness as identified in subdivisions (a) and (b) of this Article are not
3 implemented as determined by the Contracting Officer, no further renewal contracts will
4 be executed.
5 TEMPORARY REDUCTIONS
6 13. The United States may temporarily discontinue or reduce the quantity of
7 water to be furnished to the Contractor pursuant to this contract, as herein provided, for
8 the purpose of investigation, inspection, maintenance, modification repair, or
9 replacement of any of the Project facilities or any part thereof necessary for the
10 furnishing of water to the Contractor, so far as feasible the Contracting Officer will give
11 the Contractor due notice in advance of such temporary discontinuance or reduction,
12 except in case of emergency, in which case no notice need be given.
13 RETURN FLOW
14 14. The United States reserves the-right to all water derived from water
15 delivered to the Contractor pursuant to this contract which escapes or is discharged
16 beyond the Service Area.
17 UNITED STATES NOT LIABLE FOR WATER SHORTAGE--APPORTIONMENT
18 15. (a) The United States shall use all reasonable means in its operation
19 and management of the Project to make full supplies of Project water specified in this
20 contract available to the Contractor during each Year. If, nevertheless, the United
21 States is unable to make such full supplies available to the Contractor in any Year on
20
Rev. R.O. 11/10-1994
1 account of drought, errors in operation, or other causes which the Contracting Officer
2 has determined are beyond the control of the United States, the Contractor shall hold
3 the United States, its officers, agents, and employees harmless from any and all liability
4 and/or damages arising therefrom.
5 (b) During any Year in which the Contracting Officer determines that
6 the United States will be unable to make the full supply of Project water specified in this
7 contract available to the Contractor, the Contracting Officer shall, to the extent
8 permitted by applicable law and existing contracts, declare that a water shortage exists
9 and the basis for the shortage, and shall apportion the available Project water among the
10 water users of the Project by reducing the quantities of Project water made available to
11 such users: Provided, That no reduction shall be made to M&I water made available to
12 the Contractor unless and until reductions have also been imposed on irrigation users
13 receiving water from the integrated Project water supply, irrespective of water allocations
14 as determined by the Contracting Officer made to prevent undue hardship: and
15 Provided Further, That in no Year of shortage shall the Contracting Officer reduce the
16 quantity of M&I water made available to the Contractor by more than 25 percent of
17 historical use, as defined in subdivision (d) of this Article, unless the type of water
18 shortage emergency condition described in subdivision (e) of this Article exists. The
19 quantity of Project water made available to the Contractor shall be determined in
20 accordance with the following subdivisions of this Article.
21
Rev. R.O. 11/10-1994
1 (c) Regulatory Restrictions. During any Year in which the Contracting
2 Officer determines that the United States will be unable to provide the full supply of
3 Project water specified in this contract, and the basis of that determination is regulatory
4 restrictions on the delivery of Project water to the Contractor, the minimum amount of
5 water the Contracting Officer will make available to the Contractor for M&I use shall be
6 85 percent of historical use, as defined below.
7 (d) Water Shortages. During any Year in which the Contracting Officer
8 determines that the United States will be unable to provide the fully supply of Project
9 water specified in this contract, and the basis of this determination is a shortage of water,
10 the quantity of water the Contracting Officer will make available to the Contractor for
11 M&I use shall be a percentage, of historical use, as defined below. The amount of water
12 made available to the Contractor for M&I use pursuant to this subdivision shall not be
13 less than 75 percent of historical use. Historical use shall be the average quantity of
14 Project water put to beneficial use within the Service Area during the last three years of
15 water deliveries not affected by water shortages adjusted for growth.
16 (e) Minimum Public Health. During any Year in which the Contracting
17 Officer determines that the United States will be unable to provide the full supply of
18 Project water specified in this contract to the Contractor, and the basis of that
19 determination is that the Project water supply is so severe that shortages beyond those in
20 subdivision (b) are deemed necessary for Project M&I users, the Contracting Officer
21 shall declare that a state of water shortage emergency exists with respect to water
22
Rev. R.O. 11/10-1994
1 available to M&I users. A state of water shortage emergency shall not be declared for
2 M&I users unless Project agricultural water users' allocation is being established on a
3 case-by-case basis for sustaining the life of trees and vines. During a water shortage
4 emergency, M&I water service contractor allocations, including the Contractor, shall be
5 sufficient to satisfy public health and safety requirements, as calculated by the
6 Contractor, pursuant to its then current water shortage contingency plan.
7 (f) Upon filing of the Record of Decision associated with the
8 environmental documentation mandated by Section 3409 of P.L. 102-575, or upon the
9 passage of five years from the execution of this contract, whichever is earlier in time, the
10 Contractor and the Contracting Officer shall renegotiate the provisions of this Article.
11 The renegotiation of this Article will be for the purpose of modifying this Article
12 consistent with the then existing Project shortage policy.
13 O&M AND OWNERSHIP OF TOYON PIPELINE
14 16. (a) In the event the United States transfers O&M, or O&M and
15 ownership of the Toyon Pipeline or portions thereof, to a non-Federal entity, including
16 the Contractor, this contract shall be revised as needed by a letter agreement to conform
17 with the terms and conditions of such transfer: Provided, That the United States shall
18 consult with the Contractor prior to entering into any such O&M, or O&M and
19 ownership agreement with the non-Federal entity.
20 (b) Unless otherwise provided by the Congress of the United States,
21 ownership of the Toyon Pipeline shall remain in the name of the United States.
23
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Rev. R.O. 11/10-1994
1 WATER WHEELING THROUGH 6-INCH PIPELINE
2 17. If capacity is available in the 6-Inch Pipeline, in excess of that required to
3 wheel water from Shasta Reservoir to the Contractor, and upon request of the United
4 States, the Contractor shall wheel Project water allocated to and paid for by other
5 Federal contractors through the 6-Inch Pipeline for use in areas adjacent to the 6-Inch
6 Pipeline but outside the Service Area. Prior to the conveyance of any such water, the
7 Federal contractors benefiting from such wheeling shall be required to have an approved
8 executed agreement with the Contractor which provides for reimbursement of all
9 reasonable O&M costs incurred by the Contractor arising from such wheeling and an
10 approved method of independent measurement of water wheeled by the Contractor.
11 When applicable, the total water conveyed by the Contractor will be reduced by this
12 amount. Any and all such agreements shall be approved by the Contracting Officer.
13 PLACE OF USE - TRANSFERS OR EXCHANGES OF WATER
14 18. The Contractor may sell, transfer, or exchange the right to receive the
15 Project water provided for in this contract for beneficial uses within the State of
16 California if, as determined by the Contracting Officer, such sale, transfer, or exchange
17 would be consistent with applicable Federal and State laws and regulations then in
18 effect. No sale, transfer, or exchange of the right to receive water under this contract
19 may take place without the prior written approval of the Contracting Officer.
24
Rev. R.O. 11/10-1994
1 QUALITY OF WATER
2 19. The operation and maintenance of Project facilities shall be performed in
3 such manner as is practicable to maintain the quality of raw water made available
4 through such facilities at the highest level reasonably attainable as determined by the
5 Contracting Officer. The United States does not warrant the quality of water and is
6 under no obligation to construct or furnish water treatment facilities to maintain or
7 better the quality of water. The Contractor shall be responsible for compliance with all
8 applicable State and Federal water quality standards applicable to surface and subsurface
9 agricultural drainage discharges generated through the use of Federal or Contractor
10 facilities or Project water provided by the Contractor within its boundaries. Nothing in
11 this section shall affect or alter any legal obligation of the Secretary to provide drainage
12 services.
13 WATER AND AIR POLLUTION CONTROL
14 20. The Contractor, in carrying out this contract, shall comply with all
15 applicable water and air pollution laws and regulations of the United States and the
16 State of California, and shall obtain all required permits or licenses from the appropriate
17 Federal, State, or local authorities.
18 HAZARDOUS MATERIAL
19 21. (a) The Contractor shall comply with all applicable Federal, State, and
20 local laws and regulations, and Reclamation polices and instructions, existing or hereafter
21 enacted or promulgated, concerning any hazardous material that will be used, produced,
22 transported, stored, or disposed of on or in lands, waters, or facilities, owned by the
23 United States or administered by Reclamation.
25
•
Rev. R.O. 11/10-1994
1 (b) "Hazardous material' means any substance, pollutant, or
2 contaminant listed as hazardous under the Comprehensive Environmental Response,
3 Compensation, and Liability Action of 1980, as amended, 42, U.S.C. 1901, et sea., and
4 the regulations promulgated pursuant to that Act.
5 (c) The Contractor may not allow contamination of lands, waters, or
6 facilities owned by the United States or administered by Reclamation by hazardous
7 materials, thermal pollution, refuse, garbage, sewage effluent, industrial waste, petroleum
8 products, mine tailings, mineral salts, pesticides (including, but not limited to, the misuse
9 of pesticides, pesticide containers, or any other pollutants).
10 (d) The Contractor shall report to Reclamation, within 12 hours of its
11 occurrence, any event which may or does result in pollution or contamination adversely
12 affecting lands, water, or facilities owned by the United States or administered by
13 Reclamation.
14 (e) Violation of any of the provisions of this Article shall constitute
15 grounds for immediate termination of this contract. Furthermore, such violations shall
16 make the Contractor liable for the cost of full and complete remediation and/or
17 restoration of any Federal, governmental, or private resources or facilities that are
18 adversely affected as a result of the violation.
19 (f) The Contractor agrees to include the provision contained in
20 paragraphs (a) through (e) of this Article in any subcontract or third party contract it
21 may enter into pursuant to this contract.
22 (g) Reclamation agrees to provide information necessary for the
23 Contractor, using reasonable diligence, to comply with the provision of this Article.
24 GENERAL OBLIGATION--BENEFITS CONDITIONED UPON PAYMENT
25 22. (a) The obligation of the Contractor to pay the United States as
26 provided in this contract is a general obligation of the Contractor notwithstanding the
27 manner in which the obligation may be distributed among the Contractor's water users
28 and notwithstanding the default of individual water users in their obligations to the
29 Contractor.
30 (b) The payment of charges becoming due hereunder is a condition
31 precedent to receiving benefits under this contract. The United States shall not make
32 water available to the Contractor through Project facilities during any period in which
33 the Contractor may be in arrears in the advance payment of water rates or any operation
34 and maintenance charges due the United States. The Contractor shall not furnish water
26
0
Rev. R.O. 11/10-1994
1 made available pursuant to this contract for lands or parties which are in arrears in the
2 advance payment of water rates, or operation and maintenance charges levied or
3 established by the Contractor.
4 CHARGES FOR DELINQUENT PAYMENTS
5 23. (a) The Contractor shall be subject to interest, administrative, and
6 penalty charges on delinquent installments or payments. When a payment is not
7 received by the due date, the Contractor shall pay an interest charge for each day the
8 payment is delinquent beyond the due date. When a payment becomes 60 days
9 delinquent, the Contractor shall pay an administrative charge to cover additional costs of
10 billing and processing the delinquent payment. When a payment is delinquent 90 days or
11 more, the Contractor shall pay an additional penalty charge of 6 percent per year for
12 each day the payment is delinquent beyond the due date. Further, the Contractor shall
13 pay any fees incurred for debt collection services associated with a delinquent payment.
14 (b) The interest charge rate shall be the greater of the rate prescribed
15 quarterly in the Federal Register by the Department of the Treasury for application to
16 overdue payments, or the interest rate of 0.5 percent per month prescribed by Section 6
17 of the Reclamation Project Act of 1939 (Public Law 76-260). The interest charge rate
18 shall be determined as of the due date and remain fixed for the duration of the
19 delinquent period.
20 (c) When a partial payment on a delinquent account is received, the
21 amount received shall be applied, first to the penalty, second to the administrative
22 charges, third to the accrued interest, and finally to the overdue payment.
23 BOOKS, RECORDS. AND REPORTS
24 24. The Contractor shall establish and maintain accounts and other books and
25 records pertaining to administration of the terms and conditions of this contract,
26 including: the Contractor's financial transactions, water supply data, Project operation,
27 maintenance and replacement logs, and Project land and right-of-way use agreements;
28 and water-use data; and other matters that the Contracting Officer may require. Reports
29 thereon shall be furnished to the Contracting Officer in such form and on such date or
30 dates as the Contracting Officer may require. Subject to applicable Federal laws and
31 regulations, each party to this contract shall have the right during office hours to
32 examine and make copies of the other party's books and records relating to matters
33 covered by this contract.
27
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Rev. R.O. 11/10-1994
1 CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS
2 25. The expenditure or advance of any money or the performance of any
3 obligation of the United States under this contract shall be contingent upon
4 appropriation or allotment of funds. Absence of appropriation or allotment of funds
5 shall not relieve the Contractor from any obligations under this contract. No liability
6 shall accrue to the United States in case funds are not appropriated or allotted.
7 OFFICIALS NOT TO BENEFIT
8 26. No Member of, or Delegate to Congress, Resident Commissioner, or
9 official of the Contractor shall benefit from this contract other than as a water user or
10 landowner in the same manner as other water users or landowners.
11 CHANGES IN CONTRACTOR'S SERVICE AREA
12 27. While this contract is in effect, no change may be made in the Contractor's
13 Service Area, by inclusion or exclusion of lands, dissolution, consolidation, merger or
14 otherwise, except upon the Contracting Officer's written consent.
15 ASSIGNMENT LIMITED--SUCCESSORS AND ASSIGNS OBLIGATED
16 28. The provisions of this contract shall apply to and bind the successors and
17 assigns of the parties hereto, but no assignment or transfer of this contract or any right
18 or interest therein shall be valid until approved in writing by the Contracting Officer.
19 RULES REGULATIONS, AND DETERMINATIONS
20 29. (a) The parties agree that the delivery of water or the use of Federal
21 facilities pursuant to this contract is subject to Reclamation law, as amended and
22 supplemented, and the rules and regulations promulgated by the Secretary of the Interior
23 under Reclamation law.
24 (b) The Contracting Officer shall have the right to make-determinations
25 necessary to administer this contract that are consistent with the expressed and implied
26 provisions of this contract, the laws of the United States and the State, and the rules and
27 regulations promulgated by the Secretary of the Interior. Such determinations shall be
28 made in consultation with the Contractor.
28
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Rev. R.O. 11/10-1994
1 EQUAL OPPORTUNITY
2 30. During the performance of this contract, the Contractor agrees as follows:
3 (1) The Contractor will not discriminate against any employee or
4 applicant for employment because of race, color, religion, sex, or national
5 origin. The Contractor will take affirmative action to ensure that
6 applicants are employed, and that employees are treated during
7 employment, without regard to their race, color, religion, sex, or national
8 origin. Such action shall include, but not be limited to, the following:
9 Employment, upgrading, demotion, or transfer; recruitment or recruitment
10 advertising; layoff or termination; rates of pay or other forms of
11 compensation; and selection for training, including apprenticeship. The
12 Contractor agrees to post in conspicuous places, available to employees
13 and applicants for employment, notices to be provided by the Contracting
14 Officer setting forth the provisions of this nondiscrimination clause.
15 (2) The Contractor will, in all solicitations or advertisements for
16 employees placed by or on behalf of the Contractor, state that all qualified
17 applicants will receive consideration for employment without discrimination
18 because of race, color, religion, sex, or national origin.
19 (3) The Contractor will send to each labor union or representative of
20 workers with which it has a collective bargaining agreement or other
21 contract or understanding, a notice, to be provided by the Contracting
22 Officer, advising the said labor union or workers' representative of the
23 Contractor's commitments under Section 202 of Executive Order 11246 of
24 September 24, 1965, and shall post copies of the notice in conspicuous
25 places available to employees and applicants for employment.
26 (4) The Contractor will comply with all provisions of Executive Order
27 No. 11246 of September 24, 1965, as amended, and of the rules,
28 regulations, and relevant orders of the Secretary of Labor.
29 (5) The Contractor will furnish all information and reports required by
30 said amended Executive Order and by the rules, regulations, and orders of
31 the Secretary of Labor, or pursuant thereto, and will permit access to its
32 books, records, and accounts by the Contracting Officer and the Secretary
33 of Labor for purposes of investigation to ascertain compliance with such
34 rules, regulations, and orders.
35 (6) In the event of the Contractor's noncompliance with the
36 nondiscrimination clauses of this contract or with any of the said rules,
29
Rev. R.O. 11/10-1994
1 regulations, or orders, this contract may be canceled, terminated, or
2 suspended, in whole or in part, and the Contractor may be declared
3 ineligible for further Government contracts in accordance with procedures
4 authorized in said amended Executive Order, and such other sanctions may
5 be imposed and remedies invoked as provided in said Executive Order, or
6 by rule, regulation, or order of the Secretary of Labor, or as otherwise
7 provided by law.
8 (7) The Contractor will include the provisions of paragraphs (1) through
9 (7) in every subcontract or purchase order unless exempted by the rules,
10 regulations, or orders of the Secretary of Labor issued pursuant to Section
11 204 of said amended Executive Order, so that such provisions will be
12 binding upon each subcontractor or vendor. The Contractor will take such
13 action with respect to any subcontract or purchase order as may be
14 directed by the Secretary of Labor as a means of enforcing such provisions,
15 including sanctions for noncompliance: Provided, however, That in the
16 event the Contractor becomes involved in, or is threatened with, litigation
17 with a subcontractor or vendor as a result of such direction, the Contractor
18 may request the United States to enter into such litigation to protect the
19 interests of the United States.
20 WATER CONSERVATION
21 31. (a) Prior to the delivery of Project Water provided from or conveyed
22 through Federally constructed or Federally financed facilities pursuant to this contract,
23 the Contractor shall have developed and be implementing an effective water
24 conservation program based on the Contractor's water conservation plan that has been
25 determined by the Contracting Officer to meet the conservation and efficiency criteria
26 established under Federal law. The water conservation program shall contain definite
27 water conservation objectives, appropriate economically feasible water conservation
28 measures, and time schedules for meeting those objectives.
30
T
Rev. R.O. 11/10-1994
1 (b) The Contractor shall submit to the Contracting Officer by December
2 31, of each calendar year a report on the status of the Contractor's implementation of its
3 water conservation program.
4 (c) At 3-year intervals, subsequent to the Contracting Officer's
5 determination that the Contractor's water conservation program meets the conservation
6 and efficiency criteria established under Federal law, the Contractor shall submit to the
7 Contracting Officer for review and evaluation updated water conservation programs.
8 The Contracting Officer shall review and evaluate the updated water conservation
9 program and determine if they meet the conservation and efficiency criteria established
10 under Federal law.
11 (d) Continued Project water delivery pursuant to this contract shall be
12 contingent upon the Contractor's continued implementation of a water conservation
13 program that meets the conservation and efficiency criteria established under Federal
14 law.
15 (e) The Contractor shall implement the Best Management Practices
16 identified by and the time frames issued by the California Urban Water Conservation
17 Council unless any such practice is determined by the Contracting Officer to be
18 inappropriate for the Contractor.
19 COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS
20 32. (a) The Contractor shall comply with Title VI of the Civil Rights Act of
21 1964 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112, as
22 amended), the Age Discrimination Act of 1975 (42 U.S.C. 6101, et sea.) and any other
23 applicable civil rights laws, as well as their respective implementing regulations and
31
Rev. R.O. 11/10-1994
1 guidelines imposed by the U.S. Department of the Interior and/or Bureau of
2 Reclamation.
3 (b) These statutes require that no person in the United States shall, on
4 the grounds of race, color, national origin, handicap, or age, be excluded from
5 participation in, be denied the benefits of, or be otherwise subjected to discrimination
6 under any program or activity receiving financial assistance from the Bureau of
7 Reclamation. By executing this contract, the Contractor agrees to immediately take any
8 measures necessary to implement this obligation, including permitting officials of the
9 United States to inspect premises, programs, and documents.
10 (c) The Contractor makes this agreement in consideration of and for
11 the purpose of obtaining any and all Federal grants, loans, contracts, property discounts,
12 or other Federal financial assistance extended after the date hereof to the Contractor by
13 the Bureau of Reclamation, including installment payments after such date on account of
14 arrangements for Federal financial assistance which were approved before such date.
15 The Contractor recognizes and agrees that such Federal assistance will be extended in
16 reliance on the representations and agreements made in this Article, and that the United
17 States reserves the right to seek judicial enforcement thereof.
18 NOTICES
19 33. Any notice, demand, or request authorized or required by this contract
20 shall be deemed to have been given, on behalf of the Contractor, when mailed, postage
21 prepaid, or delivered to the Area Manager, Bureau of Reclamation, Northern California
22 Area Office, 16349 Shasta Dam Boulevard, Shasta Lake, California 96019-8400, and on
23 behalf of the United States, when mailed, postage prepaid, or delivered to the City
24 Mayor, City of Redding, 760 Parkview Avenue, Redding CA 96001. The designation of
25 the addressee or the address may be changed by notice given in the same manner as
26 provided in this Article for other notices.
32
Rev. R.O. 11/10-1994
1 IN WITNESS WHEREOF, the parties hereto have executed this contract
2 as of the day and year first above written.
3 THE UNITED STATES OF AMERICA
4 By
5 Regional Director, Mid-Pacific Region
6 Bureau of Reclamation
7
8 CITY OF REDDING
9 (SEAL)
10 By
11 Mayor
12 Attest:
13
14 City Clerk
15
33
r;
r
RBY 26Y I I R5 R4Y
SHASTA
DAM
STA.0 t ?TOYON 1 d YAfER LINT
1s 18 17 to 6 14 I 1s 18
PATER U.S. TO"37 SERVICE TURN OUT
SUPPLY APPROr STA.26+00
TANKS
70YON i d YATIR X
SEX DYR 214-.409-920 ToYON DOMESTIC
70 DYO. 214-208-927 SUPPLY TANK
24 19 20 2 f TOR PLAN PROTILI 23 APPAOX. STA. 47+76 to
4t 24 I
710YON MXTER cm Ot SRAS7A ].ASE
VAULT SIT D&TRL8U7ION MAIN
TA 0+00
ON ORICIONA TOYON 14` YATEA LINE
BUCI--- I SEX DYC. 214-208-928 A 929
STA. 14+08.69 SHA
26 30 29 26 17 2e 26 30
AREA OI Bl1q
BUC"YX 'PETER VAULT' STA 531-99.59SIT
POINT OF DIVERSION
R
ST 74**76 SY
PUMP RRIYO PEI)
STA. 88+86.18
38 s1 32 33
94 36 38 81
STA 10H}94.99
T39N
BUCXEYX SERVICE AREA BOUNDARY ORIOIONAL T'1 N
BUCKXYl d PATER LINE
SEX DYC.214-208-843 cn7 OIr BEDDING
TO DWG. 2 f 4-208-962 1 d VATXR LINE
1
0 1 2 9 4 6 B 7 8 9 �YSSIT2
X B
d PATER I E ABAND
APPRQX. SCALL (X - f 000) IN PLACE (WX TO IND)
STA. 173+78.22
END ORICIONAL BUCKEYE
d YATIR LLNI
10 B iCKEYX 12 7
Rev. R.O. 11/10-1994
1 EXHIBIT B
2 1994 M&I Water Rates for Amendatory Contract No. 14-06-200-5272A
3 City of Redding
4
5 Spring
6 Sacramento Creek Toyon
7 River Conduit Pipeline
8
9 COST OF SERVICE RATE PER AF
10 Capital Rate $5.90 $6.82 1/
11
12 O&M Rates
13 Water Marketing 1.31 1.31 1.31
14 Storage 3.31 3.31 3.31
15 Conveyance -- -- 7.70
16
17 Deficit Rate .11 .54
18 TOTAL COST OF SERVICE RATE JL0.63 11.4412.86
19
20 M&I FULL COST RATES PER AF 15.59 J12.73 x.86
21 SURCHARGES (PER AF) UNDER P.L. 102-575 TO RESTORATION FUND
22 Restoration Payments (3407(d)(2)(A)) $12.40 $12.40 $12.40
23
24 1/ Application of the City's revenues for Project water delivered through the Toyon
25 Pipeline has resulted in an accumulated net surplus balance which exceeds their
26 allocation of total Project capital costs. Consequently, the City's annually calculated
27 M&I cost-of-service water rate is less than the Project's minimum rate. Therefore, the
28 minimum rate, which is the higher of: (1) a rate of $9.00 per acre-foot, or (2) a rate
29 equal to the O&M costs (including recovery of historic O&M deficits) for delivering
30 Project M&I water to the contractors's designated point of diversion, will be the
31 applicable rate to be paid for this water.
34