HomeMy WebLinkAbout_4.11(e)--Authorize the City Manager to Execute a Subcontract Between
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the City Manager to execute a subcontract between University Enterprises, Inc. and
the City of Redding for Professional Engineering Services related to the Cascade Racquet Club
Mutual Water Company’s consolidation into the City of Redding’s Water Utility.
Fiscal Impact
There is no fiscal impact. University Enterprises, Inc. (UEI) will provide compensation to the
City of Redding (City) Public Works Department in an amount not to exceed $43,719 to perform
professional engineering services and prepare 90% plans and specifications for the necessary
water infrastructure to consolidate the Cascade Racquet Club Mutual Water Company into the
City’s Water Utility.
Alternative Action
The City Council (Council) may choose not to authorize the City Manager to execute the
Subcontract and provide alternative direction to staff.
Background/Analysis
The Cascade Racquet Club Mutual Water Company (CRCMWC), Public Water System
Identification (PWSID) No. CA4500012, was formed in the 1960s to provide water service to 28
residential parcels along Forest Hills Drive and Wimbledon Drive near the current Sun Oaks
Tennis and Fitness Club. Due to the aging water system and lack of resources to operate a small
water company, the CRCMWC has been in contact with the City to consolidate into the City’s
water system.
MEETING DATE: April 4, 2023
ITEM NO. 4.11(e)
FROM:
***APPROVED BY***
caukland@ci.redding.ca.us
btippin@cityofredding.org
SUBJECT: 4.11(e)--Authorize the City Manager to Execute a Subcontract Between
University Enterprises, Inc. and the City of Redding for Professional Engineering Services
related to the Cascade Racquet Club Mutual Water Company Consolidation
Chuck Aukland, Public
Works Director
Report to Redding City Council March 28, 2023
Re: 4.11(e)--Subcontract Between University Enterprises, Inc.and COR Page 2
The CRCMWC is located within the City limit and is surrounded by the City’s water service
area. Many of the existing customers of the CRCMWC already have a City water main in the
street in front of their homes. Only 1,200 LF of new water main is needed to connect to the
City’s system.
UEI, a California nonprofit public benefit corporation, was awarded a Proposition 1 Technical
Assistance grant from the California State Water Resources Control Board (SWRCB) to provide
funding to assist small disadvantaged communities to improve drinking water and wastewater
systems. In September 2021, the CRCMWC obtained a Technical Assistance Work Plan from
UEI and SWRCB to prepare a Drinking Water State Revolving Fund (DWSRF) Construction
Application for the preparation of the general, technical, environmental, and financial packages,
as well as the plans and specifications documents necessary, per State guidelines, to connect
CRCMWC to the City’s water system. PACE Engineering, also contracted with UEI, is
preparing the general, technical, environmental, and financial packages for the construction
application. Since the new water mains, services, and meters will be part of the City’s water
system and should be constructed to City standards and requirements, the City will prepare the
90% Plans and Specifications documents which is the subject of the attached subcontract.
If the construction application is approved by the SWRCB, the City will apply for a DWSRF
grant to finance the construction of the project, including City connection impact fees. There are
no funds allocated to the construction of the project at the time of this staff report; in the event
the grant is not awarded, the project will not proceed. Staff will return to the Council at a future
date to request authorization to apply for the grant funds.
The subcontract has been approved as to form by the City Attorney.
Environmental Review
This action is not a project as defined by the California Environmental Quality Act, and no
further action is required. The subcontract will allow the City to provide design and technical
study information necessary to ensure environmental clearance as the project progresses.
Council Priority/City Manager Goals
• Communication and Transparency – “Improve the quality of communication with the
public and City employees to enhance knowledge and increase transparency to improve
public trust.”
Attachments
^Cascade Racquet Club MWC Water Main- Location Map
Subcontract - UEI and COR
CITY OF REDDING
LOCATION MAP
CASCADE RACQUET CLUB
MWC WATER MAIN PROJECTPUBLIC WORKS
DEPARTMENT
LOCATION
PROJECT
Subcontract #: 537811B
Page 1 of 7
SUBCONTRACT BETWEEN
UNIVERSITY ENTERPRISES, INC.
AND
CITY OF REDDING, CALIFORNIA
Parties
This subcontract (“Subcontract”), dated for convenience this ___ day of March, 2023, is entered
into by and between University Enterprises, Inc., a California nonprofit public benefit
corporation organized and operating as an auxiliary organization serving California State
University, Sacramento in accordance with California Education Code sections 89900, et seq. and
Title 5 of the California of Regulations sections 42400, et seq. (“UEI”) and the City of Redding,
California (“Contractor”). UEI and Contractor are hereinafter collectively referred to as the
“Parties.”
Recitals
WHEREAS, UEI was awarded a Proposition 1 Technical Assistance grant from the California
State Water Resources Control Board (the “Funding Agency”) under Agreement No. D1612806
originally executed on or about September 1, 2016, and thereafter amended (the “Funding
Agreement”) to provide funding to be used by UEI to assist small, disadvantaged communities to
improve their drinking water and wastewater systems (the “Project”); and
WHEREAS, UEI administers grants and contracts benefiting California State University,
Sacramento, and is authorized pursuant to Title 5 of the California Code of Regulations, section
42500(a)(7) to enter into subcontracts relating to the performance of responsibilities under the
Funding Agreement; and
WHEREAS, all work required of UEI under the Funding Agreement shall be performed and/or
overseen by the Office of Water Programs at California State University, Sacramento (“OWP”),
though UEI remains solely responsible under the above-referenced funding agreements to ensure
the proper performance of UEI’s obligations thereunder; and
WHEREAS, UEI and Contractor wish to enter into this Subcontract for Contractor to perform
certain professional services hereunder pursuant to Project Work Plan #6601-A in accordance
with the terms and conditions of this Subcontract;
NOW THEREFORE, in consideration of the mutual agreements set forth herein and of the terms
and conditions below, the Parties agree as follows:
Terms and Conditions
1.SERVICES.
In pursuit of the Project, Contractor will perform those professional services identified for
Contractor to perform in, and generally described in, TA Work Plan 6571-B attached hereto
8th
Page 2 of 7
as Exhibit A and incorporated herein by this reference, and which professional services are
more specifically described in the following: Contractor’s proposal dated December 13, 2021,
attached hereto as Exhibit B and incorporated herein by this reference (the “Services”).
Contractor represents that: (i) it is qualified to undertake the Services, (ii) it possesses the
means and resources required in order to perform the Services in compliance with the terms
and conditions of this Subcontract, (iii) the Services will be performed in a manner consistent
with that level of skill and care ordinarily exercised by other qualified professional
consultants performing work of the type contemplated herein, and (iv) in the performance of
the work and preparation of any report, findings, recommendations, or other work product
developed by the Contractor pursuant hereto, Contractor will not violate the intellectual
property rights of others.
2.TERM.
Subject to the provisions of section 15, the term of this Subcontract shall be from September
24, 2021, to November 30, 2023, except that UEI may unilaterally extend the expiration date
(and final invoice date) of this Subcontract by providing written notice to Contractor of a new
expiration date. Upon such notice, the new expiration date will be deemed to have been
automatically incorporated herein as an amendment to this Subcontract.
3.FUNDING AGREEMENT.
This Subcontract is subject to, and Contractor shall comply with, all applicable terms and
conditions of the Funding Agreement, which is attached hereto as Exhibit C and
incorporated herein by this reference. Without limiting the foregoing, Contractor agrees
to be bound to UEI with respect to the obligations contained in Funding Agreement to
the same degree and in the same manner that UEI is so bound to the Funding Agency under
the Funding Agreement. In the case of a direct conflict between any of the terms and
conditions contained in the Funding Agreement and any of the terms and conditions
contained in this Subcontract, the latter shall govern.
4.COMPENSATION.
This is a cost reimbursement agreement. In exchange for Contractor performing the Services
in accordance with the terms and conditions of this Subcontract, UEI’s total obligation to
Contractor under this Subcontract shall not exceed the sum of Forty-Three Thousand
Seven Hundred Nineteen Dollars ($43,719). Contractor shall perform the Services in
accordance with, and subject to the line-item limitations contained in Exhibit B (the
“Budget”). Contractor shall invoice UEI no more frequently than monthly for the proportion
of those Services actually performed. At no time shall the cumulative amount of all invoices
issued by Contractor reflect a proportion of the above-referenced not-to-exceed amount that
exceeds the proportion of the Services properly completed. All such invoices shall (a)
reference this Subcontract number, (b) include an invoice number and date of the request, (c)
contain the period covered by the invoice, (d) be itemized based on line items specified in the
Budget, (e) contain supporting or back-up documentation for all amounts shown on the
request, including all staff time shown by number of hours worked and hourly rate, and
identify the proportion of the Services covered by the invoice as well as the total proportion
of all of the Services cumulatively invoiced to date, and (f) be signed by Contractor’s
Page 3 of 7
authorized financial representative or designee. The above-referenced not-to-exceed amount
of Forty-Three Thousand Seven Hundred Nineteen Dollars ($43,719) is inclusive of all
costs and expenses, including but not limited to travel and transportation costs and expenses,
materials, equipment, overhead, taxes, and profit. Accordingly, Contractor shall not be
entitled to reimbursement for travel and transportation time, or costs and/or expenses in
addition to this not to exceed amount stated in this section 4. No work or travel outside the
State of California is permitted under this Subcontract without prior UEI written
authorization.
Except as otherwise provided herein, Contractor’s final invoice must be delivered to UEI
within thirty (30) days after the completion of the Services but in no case later than December
29, 2023. Failure on the part of Contractor to comply with this deadline shall result in
Contractor permanently waiving its right to any amounts included on such final invoice. The
Parties agree that Services performed during the term of this Subcontract shall be performed
under the provisions of this Subcontract and shall not entitle Contractor to any additional
compensation. If, during the term of this Subcontract, UEI desires to retain Contractor to
perform work or services determined by UEI to be new work or services not covered by this
Subcontract, then a separate written agreement for new work or services must be executed by
the Parties prior to performance of the new work or services.
Acceptance by Contractor of final payment under this Subcontract shall constitute a release
of UEI from all claims and liability to the Contractor for payment hereunder, and for any
additional compensation or payment relating to any and all things done or furnished in
connection with this Subcontract. However, final payment shall in no way relieve Contractor
of liability for its obligations, or for faulty, incomplete, or defective work, discovered after
final payment.
5.INDEPENDENT CONTRACTOR.
Contractor and any and all agents and/or employees of Contractor shall perform the Services
as an independent contractor using its own tools and equipment, and not as an officer,
employee, or agent of UEI. Contractor shall set its own hours and shall control the manner
and means of performing the Services, though UEI retains the right to oversee that
Contractor’s performance of the Services complies with the requirements of this Subcontract.
Contractor warrants and represents that neither it nor any of its employees or agents is an
employee of the CSU system, or any of its auxiliary organizations. Payments to Contractor
hereunder will be reported to state and federal tax authorities as required by law and UEI will
not pay or withhold federal, state, or local income tax (except as may be required by
applicable law) or other payroll taxes of any kind in connection with such payments.
Contractor is independently responsible for payment of all applicable taxes.
6.DISCLAIMER OF RIGHTS.
As an independent contractor, Contractor expressly disclaims each and all of the following
and promises not to make a claim against or sue UEI for any such matters at any future date.
The matters so disclaimed and waived are:
Page 4 of 7
a.Any claim that Contractor (or any of its employees or agents) is or may become a
probationary employee or an employee of any nature whatsoever of UEI, except when
affirmatively so employed under a subsequent written contract;
b.Any claim or assertion of a right to participate in UEI employee health and welfare benefit
programs under the terms of this Subcontract;
c.Any claim or assertion of a right to paid sick leave, paid vacation leave, or an entitlement
to a leave of absence under the terms of this Subcontract; and
d.Any claim or assertion that Contractor is or may be entitled to a statement of or a hearing
on the issue of the reason for termination of this Subcontract.
7.CONFLICT OF INTEREST.
Contractor, by execution of this Subcontract, warrants and covenants that no official or
employee of UEI, nor any business entity in which an official of UEI has an interest, has been
employed or retained or solicited or aided in the procurement of this Subcontract, nor will
any such person be employed in the performance of this Subcontract without immediate
divulgence of such fact to UEI and consent by UEI, which consent may be granted or withheld
in UEI’s sole discretion.
8.SUBCONTRACTING; ASSIGNMENT.
Except as otherwise stated in this Subcontract, Contractor shall perform all services required
on its part to be performed hereunder using only resources available within its own
organization. No portion of the work shall be subcontracted nor right to payment assigned
without the advance written approval of UEI, which may be granted or denied in UEI’s sole
discretion.
Because this Subcontract is an agreement for the performance of professional services and
because Contractor was chosen based on its expertise in performing such professional
services, assignment of this Subcontract or attempted assignment of this Subcontract by
Contractor without the advance written consent of UEI (which consent may be granted or
withheld in UEI’s sole discretion) shall constitute a material breach of this Subcontract and
entitle UEI to exercise any and all rights provided for by this Subcontract and/or by law for
such material breach.
9.INDEMNIFICATION.
To the extent of Contractor’s fault, Contractor agrees to indemnify, defend and hold harmless
UEI; OWP; the Funding Agency; the State of California; the Trustees of the California State
University; California State University, Sacramento; and all of said entities’ officers,
directors, agents and employees from and against any and all liabilities, losses, claims, suits,
allegations, demands, damages, penalties, and/or costs, including without limitation litigation
costs and attorneys’ fees, resulting from or arising out of the Contractor’s performance of this
Subcontract. The provisions of this section 9 shall survive any expiration or termi nation of
this Subcontract. In the case of any conflict between the provisions of this section 9 and
indemnification obligations contained in the Funding Agreement, the provisions of this
section 9 shall govern.
Page 5 of 7
10.INSURANCE.
Contractor shall at its own cost and expense carry and maintain commercial general liability
insurance protecting against bodily injury and property damage in a coverage amount of no
less than Two Million Dollars ($2,000,000) combined single limit per occurrence. Such
insurance policy shall be written on an “occurrence” basis, and not on a “claims made” basis,
and shall be endorsed to name the following as additional insureds: UEI; OWP; the Funding
Agency; the State of California; the Trustees of the California State University; California
State University, Sacramento; and all of said entities’ employees, agents, directors, officers,
and affiliates. Additionally, Contractor shall at its own cost and expense carry and maintain
professional liability insurance covering claims including acts, errors, and omissions, arising
out of the rendering of, or failure to render, professional services related to this Subcontract.
Such professional liability insurance shall have policy limits of no less than One Million
Dollars ($1,000,000) per claim. Such professional liability insurance must be maintained, and
evidence of such insurance must be provided, for at least three (3) years after completion or
cessation of the Services. This requirement shall survive any expiration or termination of this
Subcontract. All insurance policies referenced in this paragraph shall be provided by
insurance carriers that are reasonably acceptable to UEI. Upon execution of this Subcontract,
and thereafter upon renewal of each of the above-referenced insurance policies, Contractor
shall provide UEI certificates of insurance and applicable policy endorsements demonstrating
Contractor’s compliance with the provisions of this section 10. If Contractor is self-insured,
upon execution of this Agreement, and thereafter upon any change in Contractor’s self-
insurance program or upon request of UEI, Contractor shall provide proof to UEI that
Contractor’s self-insurance program provides coverage that meets or exceeds the types of
insurance coverages and insurance coverage limits specified in this section 10.
11.COMPLIANCE WITH LAWS.
Contractor shall at its own cost and at all times during the term of this Subcontract comply
with all applicable federal, state, and local laws.
12.RECORDS; RIGHT TO AUDIT.
Contractor shall retain all financial records, including but not limited to documents, reports,
books, and accounting reports that pertain to any work or transaction performed pursuant to
this Subcontract for a period of three (3) years after final payment under this Subcontract,
unless a longer retention period is required in the Funding Agreement. As to Subcontractor’s
books and records, UEI, Funding Agency, and any other governmental agencies mentioned
in the Funding Agreement, shall have those audit rights specified in the Funding Agreement.
The provisions of this section 12 shall survive any termination or expiration of this
Subcontract.
13.AMENDMENT.
Except as otherwise provided herein, this Subcontract may not be amended except in writing
signed by both Parties. No amendment or change to any of the terms or conditions of this
Subcontract shall be effective until executed by UEI’s Director of Sponsored Programs
Administration. Any variance from any of the terms or conditions of this Subcontract by
Contractor prior to the approval and execution of an amendment by UEI’s Director of
Page 6 of 7
Sponsored Programs Administration shall be at Contractor’s own risk.
14.CONFLICTS.
In the case of conflicts between any of the terms and conditions contained in Exhibit B on the
one hand, and any of the terms and conditions contained in this Subcontract (excluding
Exhibit B) on the other hand, the latter shall govern.
15.TERMINATION.
This Subcontract may be terminated by UEI without cause and at no penalty, cost, or expense
to UEI, upon thirty (30) days’ advance written notice to Contractor. If this Subcontract is
terminated at any time during its term, Contractor shall, subject to the limitations of this
Subcontract, be reimbursed for (i) all completed services rendered up to and including the
day it received noticed of such termination, to the extent such services comply with the terms
and conditions of this Subcontract, and (ii) all non-cancellable obligations in existence at the
time that Contractor received notification of the termination of this Subcontract.
16.NOTIFICATION.
Any notice required or permitted hereunder shall be sent by a party hereto to the other via
U.S. mail, postage prepaid and certified (with return receipt requested), by reliable overnight
carrier, or by personal service, at the following addresses:
UEI Contractor
Josh Watkins, Water Utility Manager Monica Kauppinen, Director, Sponsored Prog.
City of Redding, Public Works Department University Enterprises, Inc.
P.O. Box 496071
Redding, CA 96049-6071
6000 J Street, MS 6111
Sacramento, CA 95819
If delivered via personal service, the notice shall be deemed effective upon such delivery. If
delivered by reliable overnight carrier, such notice shall be deemed effective one (1) day after
deposit with such carrier, properly addressed and postage prepaid. If delivered via certified
mail, such notice shall be deemed effective as of the earlier of (i) three (3) days after deposit
in the U.S. mail, properly addressed, postage prepaid, certified with return receipt requested,
or (ii) the date of acceptance of delivery as evidenced by the date of the signature on the return
receipt. Either party may change its address by giving written notice to the other pursuant to
the provisions of this section 16.
17.ENTIRE AGREEMENT.
This Subcontract and all attachments hereto constitute the entire understanding between the
Parties on the subject matter specified herein. There are no other understandings, agreements,
representations, or warranties, express or implied, that are not specified in this Subcontract.
Contractor, by execution of this Subcontract, acknowledges that Contractor has read this
Subcontract, understands the Subcontract, and agrees to be bound by its terms and conditions.
18.APPLICABLE LAW, JURISDICTION AND VENUE.
This Subcontract shall be construed pursuant to California law, excluding its choice of
Page 7 of 7
law provisions. The Parties to this Subcontract agree that any dispute which may arise
between them in connection with this Subcontract shall be adjudicated before a federal or
state court located in Sacramento County, California, and they hereby irrevocably and
exclusively submit to the personal jurisdiction of such federal and state courts located in
Sacramento County, California with respect to any action or legal proceeding commenced by
any party. The Parties irrevocably waive any objection they now or hereafter may have
respecting the venue of any such action or proceeding brought in such a court or respecting
the fact that such court is an inconvenient forum.
19.ATTORNEYS’ FEES.
If any legal action, arbitration, or other proceeding, is brought for the enforcement of this
Subcontract, or because of an alleged dispute, breach, or default in connection with any of the
provisions of this Subcontract, the prevailing party shall be entitled to recover reasonable
attorneys' fees and other costs incurred in that action or proceeding, including any appeal of
such action or proceeding, in addition to any other relief to which that party may be entitled.
20.AUTHORIZATION.
Each person executing this Subcontract represents that the execution of this Subcontract has
been duly authorized by the party on whose behalf the person is signing and that such person
is authorized to execute the Subcontract on behalf of such party.
21.ELECTRONIC SIGNATURES.
Each party agrees that this Subcontract and any other documents to be delivered in connection
herewith may be electronically signed, and that any electronic signatures appearing on this
Subcontract or such other documents are the same as handwritten signatures for the purposes
of validity, enforceability, and admissibility.
The Parties agree to the foregoing terms and conditions.
CONTRACTOR
CITY OF REDDING
UEI
UNIVERSITY ENTERPRISES, INC.
By: ______________________________ By: ____________________________
Barry Tippin, City Manager Monica F. Kauppinen, Director
Sponsored Programs Administration
Tax ID #: __94-6000401__________
Date: Date:
TECHNICAL ASSISTANCE (TA) WORK PLAN
UNIVERSITY ENTERPRISES, INC. (UEI)
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
SAFE AND AFFORDABLE FUNDING FOR EQUITY AND RESILIENCE (SAFER)
DRINKING WATER PROGRAM TECHNICAL ASSISTANCE (PROJECT)
AGREEMENT NUMBER (NO.) D19-17008
AMENDED TA WORK PLAN NO. 6571-AB
TA START DATE: SEPTEMBER 24, 2021
AMOUNT: $ 112,374
Whereas through the passage of various bond acts, including Proposition 1 in
November 2014 and Senate Bill 200 in July 2019, the State Water Resources Control
Board (State Water Board) is authorized to make available certain general obligation
bond proceeds (GO Bond Proceeds) and Safe and Affordable Drinking Water Funds
(SADW Funds) for projects meeting certain criteria; and
Whereas the State Water Board has determined that this Project is eligible for certain
GO Bond Proceeds and/or SADW Funds;
Therefore, the parties hereby amend the Agreement, originally executed on
April 14, 2021, and incorporated herein, to add:
AMENDED TA WORK PLAN NO. 6571-AB (65 pages attached) **
** Entire Exhibit added to replace TA work plan No. 6571-A (executed
April 27, 2022)
All other terms and conditions shall remain the same.
RECIPIENT:
By:
Name:Monica F. Kauppinen
Title: Director, Sponsored Programs Administration
Date:
STATE WATER RESOURCES CONTROL BOARD:
By:
Name: Joe Karkoski
Title: Deputy Director, Division of Financial Assistance
Date: 1/19/23
EXHIBIT A
Amended Work Plan No. 6571-AB Page 1 of 6
Rev. 03/24/21
Technical Assistance (TA) Work Plan
TA Type:Drinking Water Wastewater Storm Water Groundwater
Grant Agreement No.D19-17008
TA Start Date:September 24, 2021
TA Recipient(s): Cascade Racquet Club Mutual Water, PWSID No. CA4500012
Community/System Information: Population Served: 89 (Drinking Water Watch Site 2021)
Number of Connections: 27 (Drinking Water Watch Site 2021)
Median Household Income (MHI): $74,432 (2015-19 American Community Survey)
Community/System Contact(s):Mark Christ, Board President, Cascade Racquet Club Mutual Water, mchrist@ci.redding.ca.us,
530-722-5738
Additional Community/
System Contact:
Amended Work Plan No.: 6561-AB
Work Plan Title:Drinking Water State Revolving Fund (DWSRF) Construction Financing Application Assistance
Amended Work Plan Submittal Date: February 2, 2022 October 3, 2022
A. Technical Assistance Details
Water System Description:
The Cascade Racquet Club Mutual Water (CRC Mutual), PWSID No. CA4500012, is located within the City of Redding (COR) water system
boundaries, at the corner of Forest Hills and Wimbledon streets. The CRC Mutual has 27 connections, all of which are residential. The source
of water is a single groundwater well, and the water system includes a 1,500-gallon pressure tank and a distribution system.
Current and Past Compliance Issues:
The aging water system infrastructure is coming to the end of its useful life. Both the well and 1,500-gallon pressure tank are 60 years old and
are degrading. The system also lacks adequate storage capacity and financial resources required for long-term sustainability. There are no
current enforcement actions issued to CRC Mutual.
Amended Work Plan No. 6571-AB Page 2 of 6
Rev. 03/24/21
Need for Technical Assistance:
The CRC Mutual has been in contact with the COR and both are in agreement to consolidate the CRC Mutual into the COR. The COR has
already prepared several documents that can assist in the construction application, including 30% Plans, a construction cost estimate and a
CEQA Conditional Exemption form.
The scope of the project includes the following task:
Drinking Water State Revolving Fund (DWSRF) Construction Application – Preparation of the General, Technical, Environmental
and Financial Packages, per the State Water Board Division of Financial Assistance (DFA) guidelines. The content of these four
Packages are described on the DFA website and include various engineering, environmental compliance, and related tasks to complete
the application.
Other TA Providers:
No other TA providers are currently involved in TA efforts for this system.
Reason for Work Plan Amendment B:
This Work Plan Amendment is for a time extension only. The time extension is needed as a result of the length of the negotiation
time on an agreement between the City of Redding and UEI, to compensate the City for their time associated with developing the
Plans and Specifications, is taking longer than anticipated.
B. Summary of Proposed Deliverables and Activities
No. Task Notes and Details Regarding Related Activities Lead TA Provider
staff/consultant(s)
Deliverable & Due
Date Budget1
1
Needs Assessment
and Work Plan
Hold kickoff meeting and prepare meeting notes
Identify scope, deliverables, schedule, and
budget; solicit and review proposals from team
members.
Prepare work plan
Sacramento State
Office of Water
Programs (OWP):
Randy Marx
Completed $ 6,439
2
DWSRF Construction
Financing Application:
General Package
Prepare General Package. PACE:
Tom Warnock
General Package –
4/15/2022
11/4/2023
$ 4,572
Amended Work Plan No. 6571-AB Page 3 of 6
Rev. 03/24/21
No. Task Notes and Details Regarding Related Activities Lead TA Provider
staff/consultant(s)
Deliverable & Due
Date Budget1
3
DWSRF Construction
Financing Application:
Technical Package
Technical
Memorandum
Prepare draft and final Technical Memorandum
(TM), per DFA guidelines, and meeting COR
requirements.
Develop all above documents in accordance
with the Water Board’s DWSRF construction
financing application guidance.
PACE:
Tom Warnock
Technical
Memorandum
Draft- 4/30/2022
Completed on
10/15/2022
Final- 5/15/2022
5/15/2023
$ 9,908
4 90% Plans and Specs
Prepare 90% Plans and Specifications, per DFA
guidelines, and meeting COR requirements.
City of Redding:
Josh Watkins
90% Plans and
Specs -5/15/2022
3/15/2023
$ 43,719
5 Technical Package
Compile the above documents and complete a
Technical Package.
PACE:
Tom Warnock
Technical
Package4/15/23
6/15/2023
$ 11,120
6
DWSRF Construction
Financing Application:
Environmental
Package
6a) Copy of CEQA
documents filed with
the State
Clearinghouse and
the County Clerk’s
office
6b) Environmental
Package
Prepare CEQA documentation as appropriate
(no Federal Cross Cutters required)
File CEQA documents with the State
Clearinghouse and County Clerk’s Office.
Prepare and submit all final California
Environmental Quality Act (CEQA) documents
and notices for the Selected Construction
Project to the Governor’s Office of Planning
and Research, State Clearinghouse. A copy of
all such CEQA documents and notices shall
also be sent to Division of Financial
Assistance. For further guidance contact the
Drinking Water Environmental Review Unit
Staff.
Recipient shall prepare an analysis of
environmental alternatives memo for
construction projects that are not exempt from
CEQA. The analysis of environmental
alternatives memo shall discuss the following:
PACE:
Tom Warnock
6a) Copy of CEQA
documents filed
with the State
Clearinghouse and
the County Clerk’s
office- 6/15/2022
6/15/2023
6b) Environmental
Package –
6/15/2022
6/15/2023
$ 7,500
Amended Work Plan No. 6571-AB Page 4 of 6
Rev. 03/24/21
No. Task Notes and Details Regarding Related Activities Lead TA Provider
staff/consultant(s)
Deliverable & Due
Date Budget1
o A “no project/no action” alternative.
o Comparative analysis among the
alternatives that includes discussions
of beneficial and adverse impacts on
the existing environmental, future
environmental, and individual sensitive
environmental issues associated with
the project.
o Analysis of direct, indirect, and
cumulative impacts on sensitive
environmental resources, if applicable.
o Appropriate mitigation measures to
mitigate adverse impacts, if
appropriate.
o Thorough discussion of the rationale
for selection of the chosen alternative
for the project.
For certain projects covered under a Negative
Declaration or Mitigated Negative Declaration
it may be appropriate to limit analysis of
environmental alternatives to a “no project/no
action” alternative and the selected project.
For further guidance contact the Drinking
Water Environmental Review Unit Staff.
Complete Environmental Package.
7
DWSRF Construction
Financing Application:
Financial Security
Package
Financing Package
Prepare DWSRF Construction Financing
Application Financial Security Package.
OWP:
Dakota Keene
Financial Package
– 5/15/2022
12/31/2022
$ 2,898
Amended Work Plan No. 6571-AB Page 5 of 6
Rev. 03/24/21
No. Task Notes and Details Regarding Related Activities Lead TA Provider
staff/consultant(s)
Deliverable & Due
Date Budget1
8 Project Management
Provide project management services
o Oversight of TA team
o Coordinate conference calls and meetings
o Ensure quality of deliverables
o Upload materials to FAAST as needed
o Execute Work Plan
o Serve as primary point of contact
Monitor project scope, schedule, & budget
OWP:
Anne Kernkamp
Randy Marx
7/15/2022
11/30/2023 $ 13,334
9 Provide Post-
Application Support
Assist with any follow up items on the application
after submission, including assistance with the
construction financing agreement.
OWP: Anne
Kernkamp
Randy Marx
Deliverable to be
Determined-
9/30/2022
10/15/2023
$ 2,668
C. Total Budget (direct costs, including fringe)1
Budget Category Total
Amount
Requested
Personnel $ 25,339
Expenses and Supplies $ 0
Equipment (>$5,000)$ 0
Travel $ 0
Professional and Consultant Services $ 76,819
Contingency2 (10%) $ 10,216
Total Costs $ 112,374
1 Costs may be shifted between line items upon written approval from the State Water Board Project Manager. Any costs exceeding the total
amount requested will require an amendment to this work plan.
2 Use of contingency budget will require written approval from the State Water Board Supervising Engineer.
Budget Assumptions: None.
Amended Work Plan No. 6571-AB Page 6 of 6
Rev. 03/24/21
D. California Environmental Quality Act (CEQA) Certification
Please indicate if all the work you will implement in connection with this work plan is consistent with one of the following CEQA exemptions:
Feasibility and planning studies with no ground disturbing activities (Cal. Code Regs., Tit. 14, § 15262)
Includes information collection via pilot studies, test wells, boreholes, etc. (Cal. Code Regs., Tit. 14, § 15306)
If proposed work includes ground disturbing activities in an area(s) with a potential for environmental impacts, including riparian habitat,
wetland, endangered species habitat or sensitive cultural resources areas, you must notify your State Water Board Project Manager of the
nature and scope of such work and receive approval prior to commencing ground disturbing activities.
CITY OF REDDING
PUBLIC WORKS ENGINEERING
Proposed Fee and Billing Rates for Engineering Services
Cascade Racquet Club MWC Water improvements Project
Hours and Fee
City of Redding Staff 2022 hrs fee hrs fee hrs fee
Title Hourly Rate
Project Coordinator $293.71 2 $587 $0 6 $1,762
Associate Civil Engineer $195.71 10 $1,957 8 $1,566 84 $16,440
Assistant Engineer $218.76 $0 $0 12 $2,625
Engineer Tech II $165.42 $0 8 $1,323 84 $13,895
Env. Compliance Manager $169.84 $0 $0 $0
City Surveyor $200.81 $0 2 $402 1 $201
Survey Party Chief $118.24 $0 12 $1,419 $0
Assistant Surveyor $85.65 $0 16 $1,370 2 $171
Expenses:
Bid Advertise in Record Searchlight
Task Totals 12 $2,545 46 $6,080 189 $35,094
Note: Costs for final design, design services during bid & construction periods, and construction management not included.
247
Fee
$43,719
Project Total
Hours
Project
Management
Task 1 Task 2
Data Review and
Topographic Survey
Task 3
90% Design
Prepared By: Kurt Maire, PE
Date: 12/13/2021
EXHIBIT B
PROPOSITION 1
TECHN[CAl ASSISTANCE
UNIVERSITY ENTERPRISES, INC,
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
Water Boards
'"" "'-' ""'"" """' ""' ...... ,--,.-,--..... , .. ,,._ "'""
TECHNICAL ASSISTANCE GRANT
DRINKING WATER AND WASTEWATER TECHNICAL ASSISTANCE AND OUTREACH
AGREEMENT No. D1612806
AMOUNT: $7,000,000
ELIGIBLE START DATE: September 1, 2016
WORK COMPLETION DATE: August 31, 2019
FINAL DISBURSEMENT REQUEST DATE: November 30, 2019
RECORDS RETENTION TERM END DATE: August 31, 2055
EXHIBIT C
FUNDING
AGREEMENT
WHEREAS,
University Enterprises, Inc.
Agreement No. D1612806
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1. The State Water Board is authorized to provide funding under this Agreement pursuant to the
following:
• Proposition 1 Small Community Grants and Drinking Water -Section 79720-79725 of the Water
Code (Prop 1)
2. The State Water Board determines eligibility for financial assistance, determines a reasonab.le
schedule for providing financial assistance; establishes compliance with the Prop 1, and establishes
the terms and conditions of a funding agreement.
3. The Recipient has applied to the State Water Board for funding for the Project described in Exhibit A
of this Agreement and the State Water Board has selected the application for funding through a
competitive process.
4. The State Water Board proposes to assist in funding the costs of the Project, ,md the Recipient
desires to participate as a recipient of financial assistance from the State Water Board, upon the
terms and conditions set forth in this Agreement, all pursuant to Prop 1;
NOW, THEREFORE, in consideration of the premises, mutual representations, covenants and
agreements in this Agreement, the State Water Board and the Recipient, each binding itself, its
successors and assigns, do mutually promise, covenant, and agree as follows:
1. Definitions.
Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
"Agreement" means this Grant, including all exhibits and attachments hereto.
"Authorized Representative" means the duly appointed representative· of the Recipient as set forth in the
certified original of the Recipient's authorizing resolution that designates the authorized representative by
title.
"Days" means calendar days unless otherwise expressly indicated.
"Disbursement Period" means the period during which Project Funds may be disbursed.
"Division" means the Division of Financial Assistance of the State Water Board or any other segment of
the State Water Board authorized to administer the funding program(s) set forth in Section 1.
"Eligible Start Date" means the date set forth in Exhibit B, establishing the date on or after which Project
Costs may be incurred and eligible for reimbursement hereunder.
"Final Disbursement Request Date" means the date established in Exhibit B, after which date, no further
Project Funds disbursements may be requested.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year.
"Force Account" means the use of the Recipient's own employees or resources for the Project.
"GAAP" means generally accepted accounting principles, as issued by the Governmental Accounting
Standards Board.
University Enterprises, Inc.
Agreement No. 01612806
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"Grant Manager" means the person designated by the State Water Board to manage performance of the
Agreement. The Grant Manager is set forth in Section 2 of this agreement.
"Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than
one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to
the Project).
"Party Contact" means, for the Recipient, the Authorized Representative of the Recipient or any designee
of the Authorized Representative, and, for the State Water Board, the Grant Manager, or the Program
Analyst.
"Policy" means the Proposition 1 Technical Assistance Funding Plan, as amended from time to time.
"Project" means the Project as described in Exhibit A and in the documents incorporated by reference.
"Project Completion" means, as determined by the Division, that the Project is complete to the reasonable
satisfaction of the Division and is the last date on which Project Costs may be incurred. Work occurring
after Project Completion is not eligible for reimbursement under this Agreement.
"Project Costs" means the incurred costs of the Recipient which are eligible under this Agreement, which
are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by
the Recipient to the Project under GAAP.
"Project Director" mean.s an employee of the Recipient designated by the Authorized Representative to
be responsible for the overall management of the administrative and technical aspects of the executed
Agreement. The Project Director is set forth in Section 2 of this Agreement.
"Project Funds" means funds disbursed by the State Water Board to the Recipient for purposes of this
Agreement.
"Recipient" means University Enterprises, Inc.
"Regional Water Quality Control Board" or "Regional Water Board" means the appropriate Regional Water
Quality Control Board.
"State" means State of California.
"State Water Board" means the State Water Resources Control Board, an administrative and regulatory
agency of the State of California.
"Technical Assistance Recipient" means the small disadvantaged community or communities identified in
the Work Plan(s).
"Work Completion" means the Recipient's submittal of all work set forth under Exhibit A for review and
approval by the Division. The Division may require corrective work to be performed prior to Project
Completion.
"Work Completion Date" means the date set forth in Exhibit A that is the last date on which all work or
submittals in Exhibit A must be achieved.
"Year" means calendar year unless otherwise expressly indicated.
2. Party Contacts.
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Agreement No. D1612806
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The Party Contacts during the term of this Agreement are:
State Water Board Recipient
Section: Office of Sustainable Water Solutions
Name: Diana Conkle, Grant Manaaer Name: Monica Kaunninen, Proiect Director
Address: 1001 I street Address: 6000 J Street,
Bookstore Buildina, Suite 3400
City, State, Zip: Sacramento, CA, 95814 Citv, State, Zio: Sacramento, CA, 95819-6111
Phone: /916) 341-5660 Phone: /916) 278-7380
Fax: /916) 341-5707 Fax: /916) 278-4886
Email: Diana.Conkle@waterboards.ca.gov Email: mkauppinen@csus.edu
The Recipient may change its Project Director upon written notice to the Grant Manager, which notice
shall be accompanied by authorization from the Recipient's Authorized Representative. The State Water
Board will notify the Project Director of any changes to its Party Contacts.
3., Exhibits and Appendices Incorporated.
The following exhibits and appendices to this Agreement, including any amendments and supplements
h·ereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A-SCOPE OF WORK
EXHIBIT B -FUNDING PROVISIONS
EXHIBIT C -STANDARD TERMS AND CONDITIONS
EXHIBIT D -SPECIAL CONDITIONS
4. Recipient Representations and Commitments.
The Recipient represents, warrants, and commits to the following as of the date signed by the Recipient
and continuing thereafter for the tenn of the Agreement:
(a) General Commitments. The Recipient accepts and agrees to comply with all terms, provisions,
conditions, and commitments of this Agreement, including all incorporated documents, and to
fulfill all assurances, declarations, representations, and commitments made by the Recipient in its
application, accompanying documents, and communications filed in support of its request for
financial assistance and throughout the term of this Agreement.
(b) Authorization and Validity. The execution and delivery of this Agreement, including all
incorporated documents, has been duly authorized. This Agreement constitutes a valid and
binding obligation of the Recipient, enforceable in accordance with its terms, except as such
enforcement may be limited by law.
(c) No Violations. The execution, delivery, and performance by Recipient of this Agreement,
including all incorporated documents, do not violate any provision of any law or regulation in
effect as of the date set forth on the first page hereof, or result in any breach or default under any
contract, obligation, indenture, or other instrument to which Recipient is a party or by wihich Recipient
is bound as of the date set forth on the first page hereof.
(d) No Litigation. There are no pending or, to Recipient's knowledge, threatened actions, claims,
investigations, suits, or proceedings before any governmental authority, court, or administrative
agency which affect the financial condition or operations of the Recipient and/or the Project.
University Enterprises, Inc.
Agreement No. D1612806
Page 5 of 28
(e) Solvency. None of the transactions contemplated by this Agreement will be or have been made
with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. As of
the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent
by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they
become due.
(f) Legal Status and Eligibility. Recipient is duly organized and existing and in good standing under
the laws of the State of California, and will remain so during the term of this Agreement.
Recipient shall at all times maintain its current legal existence and preserve and keep in full force
and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under
this Agreement for the term of this Agreement.
(g) Good Standing. The Recipient is currently in compliance with the state requirements set forth in
Exhibit C. Within the preceding ten years, the Recipient has not failed to demonstrate compliance
with previous state audit disallowances.
(h) Insurance. Recipient maintains sufficient insurance coverage considering the scope of this
Agreement, including, for example, but not necessarily limited to, General Liability, Automobile
Liability, Worker's Compensation and Employer's Liability, Professional Liability.
5. Project Completion .
. The Recipient shall expeditiously proceed with and complete the Project in accordance with this
Agreement.
6. Notice.
(a) The Recipient shall notify the Division in writing within five (5) working days of the occurrence of
the following:
(1) Bankruptcy, insolvency, receivership or similar event of the Recipient;
(2) Actions taken pursuant to state law in anticipation of filing for bankruptcy;
(b) The Recipient shall notify the Division within 10 working days of the following:
(1) Any litigation pending or threatened against Recipient regarding its continued existence,
consideration of dissolution, or disincorporation;
(c) The Recipient shall notify the Division promptly of the following:
(1) Any proposed change in scope of the Project. Most changes will require an amendment to
this Agreement;
(2) Cessation of work on the Project where such cessation of work is expected to or does extend
for a period of thirty (30) days or more;
(3) Any circumstance, combination of circumstances, or condition, which is expected to or does
delay Work Completion for a period of ninety (90) days or more beyond the estimated date
previously provided to the Division;
(4) Any monitoring activities such that the State Water Board and/or Regional Water Quality
Control Board staff may observe and document such activities;
University Enterprises, Inc.
Agreement No. 01612806
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(5) Any public or media event publicizing the accomplishments and/or results of this Agreement
and provide the opportunity for attendance and participation by state representatives with at
least ten (10) working days' notice to the Division; or
(6) Work Completion, and Project Completion.
7. No Obligation of the State; State Budget Act Contingency.
Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the
State and any such obligation shall be payable solely out of the moneys appropriated by the State
Legislature to the State Water Board from the special fund associated with this Agreement.
If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This
provision shall be construed as a condition precedent to the obligation of the State Water Board to make
any payments under this Agreement. In this event, the State shall have no liability to pay any funds
whatsoever to Recipient or to furnish any other considerations under this Agreement and Recipient shall
not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be
construed to provide the Recipient with a right of priority for payment over any other recipient.
If this Agreement's funding for any Fiscal Year is reduced or deleted by the Budget Act, by Executive
Order, or by order of the Department of Finance, the State shall have the option to either cancel this
Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to
reflect the reduced amount.
University Enterprises , Inc.
Agreement No. D1612 806
Page 7 of 28
IN WITNESS WHEREOF, this Agreement has been exec uted by th e parties hereto.
UNIVERSITY ENTERPRISES, INC.:
Name: Monica Kalippinen
Title: Director
Sponsored Programs Administrat ion
l O / 2--.0/2_.o I b
Date: ----+----+---------' I
STATE WATER RESOURCES CONTROL BO
Name: Darrin Polhemus
Title : Deputy Director
Division of Financial Assistance
EXHIBIT A-SCOPE OF WORK
A.1 Completion Dates.
University Enterprises, Inc.
Agreement No. 01612806
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The Work Completion Date is established as August 31, 2019. The Recipient shall deliver any request for
extension of the Work Completion date no less than 90 days prior to the Work Completion Date. The
Division will not unreasonably deny such a timely request, but the Division may deny requests received
after this time.
A.2 Purpose.
This grant is for the benefit of the Recipient. This grant is for the benefit of the Technical Assistance
Recipient identified in the Work Plan or Work Plans. Its purpose is for the provision of technical
assistance to small disadvantaged communities to develop, fund, and implement their capital
improvement projects.
A.3 Scope of Work.
The Recipient agrees to do the following:
The Division accepts requests for technical assistance on a continuous basis. The Division may refer
eligible assistance requests (ARs) to the Recipient. After accepting an AR, the Recipient will determine
what specific assistance it plans to provide and will submit a technical assistance Work Plan with
estimated deliverables and due dates for Division approval. The technical assistance proposed in a given
Work Plan shall be consistent with the general technical assistance tasks outlined below, and the grantee
shall implement technical assistance consistent with Division-approved work plans, or amendments
thereto, including timely submittal of deliverables within the approved Work Plan budget. Each approved
Work Plan shall constitute an amendment to this Agreement and must be signed and dated by the Deputy
Director of the Division or designee and the Authorized Representative, Project Director, or designee to
be effective.
(a) Scoping: The purpose of this task is to define the project and prepare a work plan.
(1) Characterize challenges and potential solutions
(2) Conduct kickoff meeting to discuss path forward
(3) Prepare project work plan
(b) Pre-Planning: The purpose of this task is to determine whether to consolidate or improve the
water and/or wastewater system(s).
(1) Conduct Community Outreach
a. Prepare/implement outreach strategy
b. Assess community interest in the project
c. Conduct/document community meetings
d. Prepare/distribute communication materials
e. Conduct pre-project socio-economic assessment to establish baseline
(2) Conduct a Median Household Income (MHI) Survey
(3) Evaluate Consolidation Feasibility
a. Identify potential facilities within a five-mile radius
b. Initiate contact with candidate facility owners
c. Conduct cost-benefit analysis of consolidation construction
University Enterprises, Inc.
Agreement No. D1612806
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d. Evaluate organizatfon of restructured water and/or wastewater system(s)
e. Prepare preliminary agreements to participate in facility consolidation
f. Evaluate and document Local Agency Formation Commission (LAFCO) requirements
g. Evaluate governance options
h. Facilitate decision-making process
i. Prepare consolidation commitments (e.g. board resolution)
j. Assist with formation of new entity
(4) Conduct Technical, Managerial, and Financial Assessment and Assistance
a. Evaluate whether water quality meets regulatory limits (either through review of existing
data or through sampling and analysis')
b. Develop or update policy manual
c. Develop or update financial policy
d. Develop or update budget and projects/capital improvement and asset management
plans
e. Develop or update operations and maintenance plans
f. Determine scope and budget for planning
g. Assist in preparing Drinking Water State Revolving Fund (DWSRF) and/or Clean Water
State Revolving Fund (CWSRF) planning financing application
h. Provide grant/funding administration
i. Assist in procurement of professional services
(c) Planning: The purpose of this task is to conduct or review studies and prepare or review
conceptual, pre-, and final designs for the water and/or wastewater system improvements.
(1) Conduct Community Outreach
a. Implement outreach strategy
b. Conduct/document community meetings
c. Prepare/distribute communication materials
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Agreement No. D1612806
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(2) Conduct Detailed Evaluation of Drinking Water Source, and Treatment and Distribution
Systems
a. Water quality (raw supply and distribution system)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate
b. Capacity (supply, treatment and storage)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate
c. Leak detection and water audits
d. Condition assessment/expected facility life
e. Energy use/efficiency
(3) Identify Needed Water System Improvements
a. Additional source water (surface, ground or recycled)
b. Facilities needing retrofitting (source, treatment, storage, distribution)
c. Facilities needing replacement (source, treatment, storage, distribution)
d. New facilities (source, treatment, storage, distribution)
e. Identify and evaluate alternative solutions -consider non-cost and cost benefits and
recommend solution(s)
(4) Conduct a Detailed Evaluation of Wastewater System
a. Wastewater quality (pre-and posHreafrnent)
b. Capacity (collection, treatment and disposal)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate
c. Septic to sewer conversions
d. Leak detection
e. Condition assessment/expected facility life
f. Energy use/efficiency
(5) Identify Needed Wastewater System Improvements
a. Facilities needing retrofitting (collection, treatment and disposal)
b. Facilities needing replacement (collection, treatment and disposal)
c. New facilities (collection, treatment and disposal)
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Agreement No. D1612806
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d. Identify and evaluate alternative solutions -consider non-cost and cost benefits and
recommend solution
(6) Provide Environmental Services
a. Identify strategy to meet environmental requirements (e.g. CEQA, other)
b. Prepare permit applications and reports (e.g. domestic water supply permit, Report of
Waste Discharge, etc.)
(7) Provide Design or Design Review Services
a. Conceptual (10%) design, cost estimate, and delivery method (e.g. conventional or
design/build) for selected solution
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
V. Wastewater treatment
vi. Effluent disposal
b. Pilot studies
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Wastewater treatment
iv. Effluent disposal
c. Preliminary (30%) design (including engineer's estimate and supporting drawings, as
appropriate) ·
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
V. Wastewater treatment
vi. Effluent disposal
d. Detailed (100%) design (including detailed engineer's estimate and plans and
specifications, as appropriate)
(8)
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
Provide Management Support
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Agreement No. 01612806
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a. Prepare Request for Proposal (RFP) for detailed designer(s) or contractor(s) (depending
on delivery method)
b. Provide support during bidding
i. Answer questions during the bid period and prepare addenda
ii. Evaluate bids and make recommendation to award
c. Conduct rate study
d. Support Proposition 218 compliance
e. Prepare relevant service, management, operating, or joint powers agreement(s)
f. Prepare consolidation agreement(s)
g. Assist in preparing a DWSRF or CWSRF construction funding application
h. Prepare resolutions, certifications, and legal opinions
(d) Construction: The purpose of this task is to oversee construction and commissioning of water
system improvements. ·
(1) Conduct Community Outreach
a. Implement outreach strategy
b. Conduct/document community meetings
c. Prepare/distribute communication materials
d. Prepare post-project socio-economic assessment
(2) Provide Technical Support
a. Conduct periodic inspections
b. Answer contractor requests for information
c. Review contractor construction schedule
d. Review equipment technical submittals
e. Prepare construction change orders
f. Review contractor pay requests and receive certified payrolls
g. Receive certifications of proper installation
h. Review materials and performance testing
i. Schedule operator training by contractor
j. Monitor facility start-up
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Agreement No. D1612806
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k. Coordinate completion of record drawings for facilities and locations
(3) Provide Managerial Support
a. Update operations and maintenance documentation, as appropriate
b. Provide training
c. Perform contract closeout
d. Manage warranty services
e. Prepare emergency response plan
(4) Provide Financial Management Support
a. Assist in funding administration
Related technical assistance tasks not specifically listed above, but consistent with the general scope and
types of technical assistance described above may be included in a technical assistance Work
Plan subject to Division approval.
A.4 Reporting.
(a) Progress Reports. The Recipient shall submit quarterly progress reports to the Grant Manager
within thirty (30) days following the end of the calendar quarter (March, June, September, and
December). Progress Reports shall provide a brief description of activities that have occurred,
milestones achieved, monitoring results (if applicable), and any problems encountered in the
performance of the work under this Agreement during the applicable reporting period. Reporting
shall be required even if no grant related activities occurred during the reporting period. The
Recipient shall document all activities and expenditures in progress reports, including work
performed by contractors. Progress reports must be signed by the Authorized Representative,
Project Director, or designee.
(b) As Needed Information or Reports. The Recipient agrees to provide expeditiously, during the
term of this Agreement, such reports, data, and information as may be reasonably required by the
Division, including but not limited to material necessary or appropriate for evaluation of the
funding program or to fulfill any reporting requirements of the state or federal government.
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Agreement No. 01612806
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(c) Final Project Summary. At the conclusion of the Project, the Recipient must submit a draft Final
Project Summary to the Grant Manager for review and approval. The draft Final Project Summary
shall contain a brief summary of the Project, including accomplishments, before and after
pictures, as appropriate. The draft Final Project Summary shall be in a format provided by the
Grant Manager. Following comments from the Grant Manager, the Recipient shall submit the
revised Final Project Summary for review and approval and shall upload an electronic copy of the
final Project Summary to the FAAST system.
B.1 Project Funding.
EXHIBIT B -FUNDING PROVISIONS
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Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds as a grant
in the amount of up to seven million and no cents ($7,000,000).
B.2 Estimated Reasonable Project Cost.
The estimated reasonable cost of the total Project is seven million and no cents ($7,000,000).
B.3 Funding Dates.
(a) The Eligible Start Date is September 1, 2016. Otherwise eligible costs incurred prior to this date
will not be reimbursed, unless otherwise specified in Exhibit D.
(b) The Final Disbursement Request Date is November 30, 2019. The Deputy Director of the Division
may extend this date for good cause. Extensions may require an amendment to this Agreement.
All disbursement requests must be submitted to the Division such that they are received prior to
this date. Late disbursement requests will not be honored and remaining amounts will be
deobligated.
(c) The term of this agreement is from the Start Date on the cover page of this Agreement to the End
Date of August 31, 2055.
B.4 Budget Summary.
LINE ITEM PROJECT FUNDS TOTAL COSTS (GRANT)
Personnel/Specific Staff $1,422,997 $1,422,997
Expenses and Suoolies $78,127 $78,127
Soecial Punoose Eauioment />5,000\ $0 $0
Travel $117,864 $117,864
Professional and Consultant Services $4,100,000 $4,100,000
Indirect Costs $1,281,012 $1,281,012
TOTAL $7,000,000 $7,000,000
B.5 Budget Flexibility.
(a) Subject to the prior review and approval of the Grant Manager, adjustments between existing line
item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of the total
amount, including any amendment(s) thereto. Line item adjustments in excess of fifteen percent
(15%) require an Agreement amendment.
(b) The Recipient may submit a request for an adjustment in writing to the Grant Manager. Such
adjustment may not increase or decrease the total grant amount. The Recipient shall submit a
copy of the original Agreement Budget sheet refiecting \he requested changes and shall note
proposed changes by striking out the original amount(s) followed with proposed change(s) in bold
and underlined. Budget adjustments deleting a budget line item or adding a new budget line item
shall require a formal amendment. The Division may also propose budget adjustments.
(c) The sum of adjusted line items shall not exceed the total budget amount.
B.6 Disbursement of Project Funds; Availability of Project Funds.
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Agreement No. D1612806
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(a) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of
sufficient funds to permit the disbursements provided for herein. If sufficient funds are not
available for any reason, including but not limited to failure of the State government to appropriate
funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated
to make any disbursements to the Recipient under this Agreement. This provision shall be
construed as a condition precedent to the obligation of the State Water Board to make any
disbursements under this Agreement. Nothing in this Agreement shall be construed to provide
the Recipient with a right of priority for disbursement over any other recipient. If any
disbursements due the Recipient under this Agreement are deferred because sufficient funds are
unavailable, it is the intention of the State Water Board that such disbursement will be made to
the Recipient when sufficient funds do become available, but this intention is not binding. If this
Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive
Order, or by order of the Department of Finance, the State shall have the option to either cancel
this Agreement with no liability occurring to the State, or offer an amendment to the Recipient to
reflect the reduced amount.
(b) Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be
made as follows:
(1) Upon execution and delivery of this Agreement, the Recipient may request disbursement for
eligible Project Costs as specified in this Exhibitfrom the Project Funds through submission
to the State Water Board of disbursement requests using the disbursement request form
provided by the Grant Manager.
(2) Disbursement requests shall contain the following information:
a. The date of the request;
b. The time period covered by the request, i.e., the term "from" and "to";
c. The total amount requested;
d. Documentation of match
e. Original signature and date (in ink) of Recipient's Authorized Representative; and,
f. The Final Disbursement Request shall be clearly marked "FINAL DISBURSEMENT
REQUEST" and shall be submitted NO LATER THAN .
November 30, 2019.
(3) Requests must be itemized based on the line items specified in the budget in this Exhibit.
Requests must be signed by the Authorized Representative, Project Director, or designee
and must be addressed to the Grant Manager as set forth in the Party Contacts section of
this Agreement. Requests for disbursement submitted in any other format than the one
provided by the State Water Board will cause a request for disbursement to be disputed. In
the event of such a dispute, the Grant Manager will notify the Recipient. Payment will not be
made until the dispute is resolved and a corrected request submitted. The Grant Manager
has the responsibility for approving requests for disbursement. Requests must be complete
and executed by the Recipient. Project Costs incurred prior to the Eligible Start Date of this
Agreement will not be funded.
(4) Project Funds must be requested at least quarterly, not more than monthly, for eligible costs
incurred during the reporting period of the corresponding Progress Report, describing the
activities and expenditures for which the disbursement is being requested.
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(5) The Recipient agrees that it will not request disbursement for any Project Cost until such cost
has been incurred and is currently due and payable by the Recipient, although the actual
payment of such cost by the Recipient is not required as a condition of disbursement request.
Supporting documentation (e.g., receipts) must be submitted with each disbursement
request. Disbursement of Project Funds will be made only after receipt of a complete,
adequately supported, properly documented, and accurately addressed disbursement
request.
(6) The Recipient may request reimbursement for actual (not budgeted) indirect costs. This may
include reasonable cost of items necessary for the implementation and management of the
Project, such as: rent, utilities (gas electric, water, sewer trash, internet, etc.), janitorial
services, reasonable maintenance and repairs, pest control, landscaping, equipment
(workstation, fax machines, computers, printers, copiers, postage machines, servers, data
storage), office supplies (paper clips, staples, paper, etc.), printing, shipping, shredding,
postage, courier service; telephone, document storage, insurance (general liability,
professional liability, workers compensation (if not already reflected as part of fringe), and
support staff (such as procurement services, accounting, information technology, human
resources, training and staff development).
Any costs ineligible for reimbursement through this Agreement should be excluded prior to
requesting reimbursement. Examples of ineligible costs include: p.atents or copyrights, bank
fees or service charges, taxes, licenses, interest, existing indebtedness, amortization,
depreciation, losses, damages or settlements, fines or penalties, fees related to
incorporation, co.sts related to establishment or reorganization, insurance deductibles,
lobbying, legal defense or prosecution costs, litigation, advertising, contributions to other
nonprofits or events, public relations, marketing, employee appreciation, scholarships or
tuition fees, employee relocation, conference attendance, subscriptions or publication fees,
membership dues, entertainment, meals, refreshments, alcoholic beverages decorations,
childcare or stipends for meeting participants, profit or markup by the grantee, contractor or
subcontractor markup fees, auto insurance (state mileage rates already include
compensation for such costs), travel costs non consis.tent with State travel policies,
miscellaneous costs, contingencies, other costs deemed by Grant Manager to be
unreasonable, excessive, inappropriate or not related to the purposes of the grant.
It is the Recipient's responsibility to verify that ineligible costs are not claimed, and to
maintain backup documentation and source documents to support indirect cost
accounting. All such documentation must be available in the case of an audit. No costs
invoiced as part of indirect costs should be included elsewhere as a direct cost Fringe
should be included in personnel.
(7) The Recipient will not seek reimbursement of any Project Costs that have been reimbursed
from other funding sources.
(8) Recipient shall spend Project Funds within 30 days of receipt. Any interest earned on Project
Funds shall be reported to the State Water Board and will either be required to be returned to
the State Water Board or deducted from future disbursements. In the event that the
Recipient fails to disburse Project Funds to contractors or vendors within thirty (30) days from
receipt of the funds, the Recipient shall immediately return such funds to the State Water
Board. Interest shall accrue on such funds from the date of disbursement through the date of
mailing of funds to the State Water Board .. If the Recipient held such funds in interest-bearing
accounts, any interest earned on the funds shall also be due to the State Water Board.
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(9) Recipient shall request its final disbursement no later than the Final Disbursement Request
Date specified herein unless prior approval is granted by the Division. If the Recipient fails to
do so, then the undisbursed balance of this Agreement will be deobligated.
(1 O)The Recipient agrees that it will not request a disbursement unless that cost is allowable,
reasonable, and allocable.
(11 )Notwithstanding any other provision of this Agreement, no disbursement shall be required at
any time or in any manner that is in violation of or in conflict with federal or state laws,
policies, or regulations.
(12)The Recipient agrees that it shall not be entitled to interest earned on undisbursed Project
Funds.
(13)Any reimbursement for necessary travel and per diem shall be at rates not to exceed those
set by the California Department of Human Resources. These rates may be found
at http://www.calhr.ca.gov/employees/Paqes/travel-reimbursements.aspx. Reimbursement
will be at the State travel and per diem amounts that are current as of the date costs are
incurred by the Recipient. No travel outside the State of California shall be reimbursed
unless prior written authorization is obtained from the Grant Manager.
(14)The Recipient must include any other documents or requests required or allowed under this·
Agreement.
S.7 Withholding of Disbursements and Material Violations.
(a) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water
Board may retain an amount equal to ten percent (10%) of the Project Funds until Project
Completion. Any retained amounts due to the Recipient will be promptly disbursed to the
Recipient, without interest, up·on Project Completion.
(b) The State Water Board may withhold all or any portion of the funds provided for by this
Agreement in the event that:
(1) The Recipient has materially violated, or threatens to materially violate, any term, provision,
condition, or commitment of this Agreement; or
(2) The Recipient fails to maintain reasonable progress toward Project Completion.
B.8 Remaining Balance.
In the event the Recipient does not request all of the funds encumbered under this Agreement, any
remaining funds revert to the State.
B.9 Fraud and Misuse of Public Funds.
All requests for disbursement submitted shall be accurate and signed under penalty of perjury. Any and
all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The· Recipient
shall not submit any invoice containing costs that are ineligible or have been reimbursed from other
funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for
which the Recipient is seeking reimbursement shall no; be reimbursed from any other source. Double or
multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected
occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in
suspension of disbursements of Project Funds and/or termination of this Agreement requiring the
repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division may request
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an audit and refer the matter to the Attorney General's Office or the appropriate district attorney's office
for criminal prosecution or the imposition of civil liability. (Civ. Code,§§ 1572-1573; Pen. Code,§§ 470,
489-490.)
EXHIBIT C -STANDARD TERMS AND CONDITIONS
C.1 Accounting and Auditing Standards.
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The Recipient must maintain Project accounts according to GAAP. The Recipient shall maintain GAAP-
compliant Project accounts, including GAAP requirements relating to the reporting of infrastructure
assets.
· C.2 Amendment.
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed
by the parties and approved as required. No oral or written understanding or agreement not incorporated
in this Agreement is binding on any of the parties.
C.3 Assignability.
This Agreement is not assignable by the Recipient, either in whole or in part.
C.4 Audit.
(a) The Division, at its option, may call for an audit of financial information relative to the Planning,
where the Division determines that an audit is desirable to assure program integrity or where
such an audit becomes necessary because of state or federal requirements. Where such an
audit is called for, the audit shall be performed by a certified public accountant independent of the
Recipient and at the cost of the Recipient. The audit shall be in the form required by the Division.
(b) Audit disallowances will be returned to the State Water Board. Failure to comply with audit
disallowance provisions shall disqualify the Recipient from participating in State Water Board
funding programs.
C.5 [Reserved]
C.6 Claims.
Any claim_ of the Recipient is limited to the rights, remedies, and claims procedures provided to the
Recipient under this Agreement.
C.7 Competitive Bidding
Recipient shall adhere to any applicable state or local ordinance for competitive bidding and applicable
labor laws.
If Recipient is a private entity, any construction contracts related in any way to the Planning shall be let by
competitive bid procedures that ensure award of such contracts to the lowest responsible bidders.
Recipient shall not award a construction contract until a summary of bids and identification of the selected
lowest responsible bidder is submitted to and approved in writing by the Division. Recipient must provide
a full explanation if Recipient is proposing to award a construction contract to anyone other than the
lowest responsible bidder.
C.8 Compliance with Law, Regulations, etc.
The Recipient agrees that it will, at all times, comply with and require its contractor and subcontractors to
comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements.
Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient will:
(a) Comply with the State Water Board's Policy;
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(b) Comply with and require compliance with the list of state laws (cross-cutters) in Section C-31
of this Agreement.
C.9 Conflict of Interest.
The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in
compliance, and shall remain compliant through Project Completion, with applicable state and federal
conflict of interest laws, including but not limited to laws related to conflict of interest laws related to
contracting and procurement.
C.1 O Damages for Breach Affecting Tax-Exempt Status or Federal Compliance.
In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the
loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, including bonds
issued on behalf of the State Water Board, or if such breach shall result in an obligation on the part of the
State or any subdivision or agency thereof to reimburse the federal government by reason of any
arbitrage profits, the Recipient shall immediately reimburse the State or any subdivision or agency thereof
in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency
thereof due to such breach. In the event that any breach of any of the provisions of this Agreement by
the Recipient shall result in the failure of Project Funds to be used pursuant to the provisions of this
Agreement, or if such breach shall result in an obligation on the part of the State or any subdivision or
agency thereof to reimburse the federal government, the Recipient shall immediately reimburse the State
or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the
State or any subdivision or agency thereof due to such breach.
C.11 Disputes.
(a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or
designee, for a final Division decision. The Recipient may appeal a final Division decision to the
State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will
prepare a summary of the dispute and make recommendations relative to its final resolution,
which will be provided to the State Water Board's Executive Director and each State Water Board
Member. Upon the motion of any State Water Board Member, the State Water Board will review
and resolve the dispute in the manner determined by the State Water Board. Should the State
Water Board determine not to review the final Division decision, this decision will represent a final
agency action on the dispute.
(b) This clause does not preclude consideration of legal questions, provided that nothing herein shall
be construed to make final the decision of the State Water Board, or any official or representative
thereof, on any question of law.
(c) Recipient shall continue with the responsibilities under this Agreement during any dispute.
C.12 Financial Management System and Standards.
The Recipient agrees to comply with federal standards for financial management systems. The Recipient
agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit
preparation of reports required by the federal or state government and tracking of Project Funds to a level
of expenditure adequate to establish that such funds have not been used in violation of federal or state
law or the terms of this Agreement.
C.13 Governing Law.
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This Agreement is governed by and shall be interpreted in accordance with the laws of the State of
California.
C.14 Income Restrictions.
The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon)
accruing to or received by the Recipient under this Agreement shall be paid by the Recipient to the State,
to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the
State under this Agreement.
C.15 Indemnification and State Reviews.
The parties agree that review or approval of Project documents by the State Water Board is for
administrative purposes only, including conformity with application and eligibility criteria, and expressly
not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient
of its responsibility to engage in proper planning. To the extent permitted by la'i'/, the Recipient agrees to
indemnify, defend, and hold harmless the State Water Board, and its officers, employees, and agents
(collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought
against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or
expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in
any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or
management of, work done in or about, or the planning, design, acquisition, installation, or construction,
of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this
Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any
environmental law (including, without limitation, the Federal Comprehensive Environmental Response,
Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous
Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances
Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California
Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said
laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue
statement or alleged untrue statement of any material fact or omission or alleged omission to state a
material fact necessary to make the statements required to be stated therein, in light of the circumstances
under which they were made, not misleading with respect to any information provided by the Recipient for
use in any disclosure document utilized in connection with any of the trans.actions contemplated by this
Agreement. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any
judgment or award entered or made against Indemnified Persons with respect to any such claim or
action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall
survive the term of this Agreement and the discharge of the Recipient's Obligation hereunder.
C.16 Independent Actor.
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an
independent capacity and not as officers, employees, or agents of the State Water Board.
C.17 Integration.
This Agreement is the complete and final Agreement between the parties.
C.18 Non-Discrimination Clause.
(a) During the performance of this Agreement, Recipient and its contractors and subcontractors shall
not unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, sexual
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orientation, physical disability (including HIV and AIDS), mental disability, medical condition
(cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender,
gender identity, gender expression, or military and veteran status.
(b) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment
of their employees and applicants for employment are free from such discrimination and
harassment.
(c) The Recipient, its contractors, and subcontractors shall comply with the provisions of th_e Fair
Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov.
Code, §12990, subds. (a)-(f) et seq.; Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are
incorporated into this Agreement by reference and made a part hereof as if set forth in full.
(d) The Recipient, its contractors, and subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective bargaining or other
agreement.
(e) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
C.19 No Third Party Rights.
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary
of this Agreeme~t, or of any duty, covenant, obligation, or undertaking established herein.
C.20 [Reserved]
C.21 Other Assistance.
If funding for Project Costs is made available to the Recipient from sources other than this Agreement,
the Recipient shall immediately notify the Grant Manager.
C.22 Permits, Contracting, Disqualification.
The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules
and regulations. Recipient shall procure all permits, licenses and other authorizations necessary to
accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices
necessary and incidental to the due and lawful prosecution of the work.
For any work related to this Agreement, the Recipient shall not contract with any individual or organization
on the State Water Board's List of Disqualified Businesses and Persons that is identified as debarred or
suspended or otherwise excluded from or ineligible for participation in any work overseen, directed,
funded, or administered by the State Water Board program for which funding under this Agreement is
authorized. The State Water Board's List of Disqualified Businesses and Persons is located
at http://www.waterboards.ca.gov/water issues/programs/ustcf/dbp.shtml.
C.23 Public Records.
The Recipient acknowledges that, except for a subset of information regarding archaeological records,
the Project records and locations are public records, including but not limited to all of the submissions
accompanying the application, all of the documents incorporated by reference into this Agreement, and all
reports, disbursement requests, and supporting documentation submitted hereunder.
C.24 Prevailing Wages.
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The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing
wages. The Recipient shall monitor all agreements subject to reimbursement from this Agreementto
ensure that the prevailing wage provisions of the State Labor Code are being met.
C.25 Professionals.
The Recipient agrees that only professionals with valid licenses in the State of California will be used to
perform services under this Agreement where such services are called for. All technical reports required
pursuant to this Agreement that involve planning, investigation, evaluation, or design, or other word
requiring interpretation and proper application of engineering or geologic sciences shall be prepared by or
under the direction of persons registered to practice in California. All technical reports must contain the
statement of the qualifications of the responsible registered professional(s). Technical reports must bear
the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly
attributed to the professional responsible for the work.
Any contractors, outside associates, or consultants required by the Recipient in connection with the
services covered by this Agreement shall be limited to such individuals or firms as were specifically
identified and agreed to during negotiations for this Agreement, if any, or as are specifically accepted in
writing by the Grant Manager during the performance of this Agreement.
C.26 Public Funding.
This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must
not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's
ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and
circumstances.
C.27 Recipient's Responsibility for Work.
The Recipient shall be responsible for all work and for persons or entities engaged in work performed
pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and
providers of services. The Recipient shall be responsible for any and all disputes arising out of its
contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient
and any other entity concerning responsibility for performance of work.
C.28 Records.
Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the
Recipient agrees to:
(a) Establish an official file for the Project which shall adequately document all significant actions
relative to the Project;
(b) Establish separate accounts which will adequately and accurately depict all amounts received
and expended on the Project, including all assistance funds received under this Agreement;
(c) Establish separate accounts which will adequately depict all income received which is
attributable to the Project, specifically including any income attributable to assistance funds
disbursed under this Agreement;
(d) Establish an accounting system which will accurately depict final total costs of the Project,
including both direct and indirect costs;
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(e) Establish such accounts and maintain such records as may be necessary for the State to fulfill
federal reporting requirements, including any and all reporting requirements under federal tax
statutes or regulations; and
(f) If Force Account is used by the Recipient for the Project, accounts will be established which
reasonably document all employee hours charged to the Project and the associated tasks
performed by each employee. ·
(g) Maintain separate books, records and other material relative to the Project.
(h) Retain such books, records, and other material for itself and for each contractor or subcontractor
who performed work on this Project for a minimum of thirty-six (36) years after Work Completion.
The Recipient shall require that such books, records, and other material be subject at all
reasonable times (at a minimum during normal business hours) to inspection, copying, and audit
by the State Water Board, the Bureau of State Audits, the Internal Revenue Service, the
Governor, or any authorized representatives of the aforementioned, and shall allow interviews
during normal business hours of any employees who might reasonably have information related
to such records. The Recipient agrees to include a similar right regarding audit, interviews, and
records retention in any subcontract related to the performance of this Agreement. The
provisions of this section shall survive the term of this Agreement.
C.29 Related Litigation.
A Recipient is prohibited from using funds from any disbursement under this Agreement to pay costs
associated with any litigation the Recipient pursues. Regardless of whether the Project or any eventual
construction project is the subject of litigation, the Recipient agrees to complete the Project funded by the
Agreement or to repay all Project Funds plus interest to the State Water Board.
C.30 Rights in Data.
The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating
manuals, notes, and other written or graphic work produced in the performance of this Agreement are
subject to the rights of the State as set forth in this section. The State shall have the right to reproduce,
publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and
to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same,
except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and
to authorize others to do so, and to receive electronic copies from the Recipient upon request.
C.31 State Cross-Cutter Compliance.
Recipient represents and certifies that, to the extent applicable, it is in compliance with the following
conditions precedent and agrees that it will continue to maintain compliance during the term of this
Agreement:
(a) State Water Board's Drought Emergency Water Conservation regulations. Title 23, article 22.5 of
the California Code of Regulations. The Recipient will include a discussion of its implementation
in Progress Reports submitted pursuant to this Agreement.
(b) California Environmental Quality Act (CEQA). Implementation and construction activities must
comply with CEQA and potentially other environmental review requirements, including the
National Environmental Policy Act (NEPA). Proceeding with work subject to CEQA and/or NEPA
without environmental clearance by the State Water Board shall constitute a breach of a material
provision of this Agreement. I/Technical Assistance work implemented per this Agreement will
include ground disturbing activities (such as test wells, boreholes) implemented for the purposes
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of information collection, and proposed in an area(s) with potential for environmental impacts
(including riparian habitat, wetland, endangered species habitat or sensitive cultural resources
areas), the Recipient shall notify the Grant Manager of the nature and scope of such work and
receive approval to proceed prior to commencing ground disturbing activities.
(c) Water Code section 5103, subdivision (e)(2)(A). If Recipient is a water diverter, Recipient must
maintain compliance by submitting monthly diversion reports to the Division of Water Rights of
the State Water Resources Control Board.
(d) Labor Code sections 1725.5 and 1771.1. To bid for public works contracts, Recipient
acknowledges that Recipient and Recipient's subcontractors must register with the Department of
Industrial Relations.
(e) Water Code sections 526 and 527. If Recipient is an urban water supplier as defined by Water
Code, it shall have complied and maintain compliance with sections 526 and 527 of the Water
Code relating to installation of meters and volumetric charging.
(f) Urban Water Management Planning Act 0fvater Code, § 1061 O et seq.). If Recipient is an "urban
water supplier" as defined by Water Code section 10617, the Recipient certifies that it has
submitted an Urban Water Management Plan that has been deemed complete by the Department
of Water Resources and is in compliance with that plan. This shall constitute a condition
precedent to this Agreement.
(g) Urban Water Demand Management Water Code section 10631.5, subdivision (a)(1 ). If Recipient
is an "urban water supplier" as defined by Water Code section 10617, Recipient certifies that it is
implementing water demand management measures approved by the Department of Water
Resources.
(h) Delta Plan Consistency Findings. Water Code section 85225 and California Code of Regulations,
title 23, section 5002. If Recipient is a state or local public agency and the proposed action is
covered by the Delta Plan, Recipient will submit a certification of project consistency with the
Delta Plan to the Delta Stewardship Council prior to undertaking the implementation/construction
project associated with this Project.
(i) Agricultural Water Management Plan Consistency. A Recipient that is an agricultural water
supplier as defined by section 10608.12 of the Water Code must comply with the Agricultural
Water Management Planning Act. 0fvat. Code, § 10800 et seq.)
U) Charter City Project Labor Requirements. Labor Code section 1782 and Public Contract Code
section 2503:
(1) Prevailing Wage
Where Recipient is a charter city or a joint powers authority that includes a charter city,
Recipient certifies that no charter provision nor ordinance authorizes a construction
project contractor not to comply with Labor Code's prevailing wage rate requirements,
nor, within the prior two years (starting from January 1, 2015 or after) has the city
awarded a public works contract without requiring the contractor to comply with such
wage rate requirements according to Labor Code section 1782.
(2) Labor Agreements
Where Recipient is a charter city or a Joint powers authority that includes a charter city,
Recipient certifies that no charter provision, initiative, or ordinance limits or constrains the
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city's authority or discretion to adopt, require, or utilize project labor agreements that
include all the taxpayer protection antidiscrimination provisions of Public Contract Code
section 2500 in construction projects, and that Recipient is accordingly eligible for state
funding or financial assistance pursuant to Public Contract Code section 2503.
C.32 State Water Board Action; Costs and Attorney Fees.
The Recipient agrees that any remedy provided in this Agreement is in addition to and not in derogation
of any other legal or equitable remedy available to the State Water Board as a result of breach of this
Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and
exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State
Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of
litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its
own costs and attorney fees.
C.33 Termination; Immediate Acceleration; Interest.
(a) This Agreement may be terminated at any time prior to the End Date set forth on the cover and in
Exhibit B, at the option of the State Water Board, upon violation by the Recipient of any material
provision of this Agreement after such violation has been called to the attention of the Recipient
and after failure of the Recipient to bring itself into compliance with the provisions of this
Agreement within a reasonable time as established by the Division.
(b). In the event of such termination, the Recipient agrees, upon demand, to immediately repay to the
State Water Board an amount equal to Project Funds disbursed hereunder, accrued interest,
penalty assessments, and Additional Payments. In the event of termination, interest shall accrue
on all amounts due at the highest legal rate of interest from the date that notice of termination is
mailed to the Recipient to the date all monies due have been received by the State Water Board.
C.34 Timeliness.
Time is of the essence in this Agreement.
C.35 Unenforceable Provision.
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the
parties agree that all other provisions of this Agreement have force and effect and shall not be affected
thereby.
C.36 Venue.
The State Water Board and the Recipient hereby agree that any action arising out of this Agreement shall
be filed and maintained in the Superior Court in and for the County of Sacramento, California.
C.37 Waiver and Rights of the State Water Board.
Any waiver of rights by the State Water Board with respect to a default or other matter arising under the
Agreement at any time shall not be considered a waiver of rights with respect to any other default or
matter.
Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any
other rights and remedies provided by law.
EXHIBIT D -SPECIAL CONDITIONS
Recipient acknowledges and agrees to the following special conditions:
None
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June 13, 2019
University Enterprises, Inc
Attn: Monica Kauppinen, Director
6000 J Street, Bookstore Building, Suite 3400
Sacramento, CA 95819
Agreement Number: D16-12806
Enclosed is your amended Funding Agreement for your approval and signature. This
Agreement cannot be considered binding by either party until executed by the State Water
Resources Control Board (“State Water Board”).
If in agreement with all terms and conditions of the Agreement, please have the Authorized
Representative, as noted in the executed resolution, sign and return two (2) signature pages no
later than thirty (30) calendar days from the date of this letter to:
US Mail Overnight Mail
Koreenia Lazo Koreenia Lazo
State Water Resources Control Board State Water Resources Control Board
Division of Financial Assistance Division of Financial Assistance
P.O. Box 944212 1001 I Street, 16th Floor
Sacramento, CA 94244-2120 Sacramento, CA 95814
Ms. Lazo may be contacted at (916) 319-0807 or Koreenia.Lazo@waterboards.ca.gov
Once the Agreement is signed by both parties, we will forward an executed copy to you for your
entity’s records.
Enclosures
PROPOSITION 1
TECHNICAL ASSISTANCE
UNIVERSITY ENTERPRISES, INC.
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
TECHNICAL ASSISTANCE GRANT
DRINKING WATER AND WASTEWATER TECHNICAL ASSISTANCE AND OUTREACH
CALSTARS AGREEMENT No. D1612806
FI$CAL AGREEMENT NO. SWRCB0000000000D161280600
AMENDMENT NO. 1
AMOUNT: $7,000,000
ELIGIBLE START DATE: September 1, 2016
WORK COMPLETION DATE: August 31, 2019June 30, 2021
FINAL DISBURSEMENT REQUEST DATE: November 30, 2019September 30, 2021
RECORDS RETENTION TERM END DATE: August 31, 2055June 30, 2057
This Agreement executed by the State Water Board on October 26, 2016, is hereby amended and
restated, to revise the Exhibits A & B (deletions shown as stricken and revisions in bold and
underlined). Except as noted herein all other terms and conditions shall remain the same. Please
note, page numbers may have changed.
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WHEREAS,
1. The State Water Board is authorized to provide funding under this Agreement pursuant to the
following:
• Proposition 1 Small Community Grants and Drinking Water - Section 79720-79725 of the Water
Code (Prop 1)
2. The State Water Board determines eligibility for financial assistance, determines a reasonable
schedule for providing financial assistance, establishes compliance with the Prop 1, and establishes
the terms and conditions of a funding agreement.
3. The Recipient has applied to the State Water Board for funding for the Project described in Exhibit A
of this Agreement and the State Water Board has selected the application for funding through a
competitive process.
4. The State Water Board proposes to assist in funding the costs of the Project, and the Recipient
desires to participate as a recipient of financial assistance from the State Water Board, upon the
terms and conditions set forth in this Agreement, all pursuant to Prop 1;
NOW, THEREFORE, in consideration of the premises, mutual representations, covenants and
agreements in this Agreement, the State Water Board and the Recipient, each binding itself, its
successors and assigns, do mutually promise, covenant, and agree as follows:
1. Definitions.
Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
"Agreement" means this Grant, including all exhibits and attachments hereto.
"Authorized Representative" means the duly appointed representative of the Recipient as set forth in the
certified original of the Recipient’s authorizing resolution that designates the authorized representative by
title.
“Days” means calendar days unless otherwise expressly indicated.
“Disbursement Period” means the period during which Project Funds may be disbursed.
"Division" means the Division of Financial Assistance of the State Water Board or any other segment of
the State Water Board authorized to administer the funding program(s) set forth in Section 1.
“Eligible Start Date” means the date set forth in Exhibit B, establishing the date on or after which Project
Costs may be incurred and eligible for reimbursement hereunder.
“Final Disbursement Request Date” means the date established in Exhibit B, after which date, no further
Project Funds disbursements may be requested.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year.
"Force Account" means the use of the Recipient's own employees or resources for the Project.
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“GAAP” means generally accepted accounting principles, as issued by the Governmental Accounting
Standards Board.
“Grant Manager” means the person designated by the State Water Board to manage performance of the
Agreement. The Grant Manager is set forth in Section 2 of this agreement.
“Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than
one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to
the Project).
“Party Contact” means, for the Recipient, the Authorized Representative of the Recipient or any designee
of the Authorized Representative, and, for the State Water Board, the Grant Manager, or the Program
Analyst.
“Policy” means the Proposition 1 Technical Assistance Funding Plan, as amended from time to time.
“Project” means the Project as described in Exhibit A and in the documents incorporated by reference.
“Project Completion" means, as determined by the Division, that the Project is complete to the reasonable
satisfaction of the Division and is the last date on which Project Costs may be incurred. Work occurring
after Project Completion is not eligible for reimbursement under this Agreement.
"Project Costs" means the incurred costs of the Recipient which are eligible under this Agreement, which
are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by
the Recipient to the Project under GAAP.
“Project Director” means an employee of the Recipient designated by the Authorized Representative to
be responsible for the overall management of the administrative and technical aspects of the executed
Agreement. The Project Director is set forth in Section 2 of this Agreement.
“Project Funds” means funds disbursed by the State Water Board to the Recipient for purposes of this
Agreement.
“Recipient” means University Enterprises, Inc.
“Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water
Quality Control Board.
“State” means State of California.
“State Water Board” means the State Water Resources Control Board, an administrative and regulatory
agency of the State of California.
“Technical Assistance Recipient” means the small disadvantaged community or communities identified in
the Work Plan(s).
“Work Completion” means the Recipient’s submittal of all work set forth under Exhibit A for review and
approval by the Division. The Division may require corrective work to be performed prior to Project
Completion.
“Work Completion Date” means the date set forth in Exhibit A that is the last date on which all work or
submittals in Exhibit A must be achieved.
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“Year” means calendar year unless otherwise expressly indicated.
2. Party Contacts.
The Party Contacts during the term of this Agreement are:
State Water Board Recipient
Section: Office of Sustainable Water Solutions
Name: Diana Conkle
Nabiul Afrooz, Grant Manager
Name: Monica Kauppinen, Project Director
Address: 1001 I street Address: 6000 J Street,
Bookstore Building, Suite 3400
City, State, Zip: Sacramento, CA, 95814 City, State, Zip: Sacramento, CA, 95819-6111
Phone: (916) 341-5660 323-9322 Phone: (916) 278-7380
Fax: (916) 341-5707 Fax: (916) 278-4886
Email: Diana.Conkle@waterboards.ca.gov
Nabiul.Afrooz@waterboards.ca.gov
Email: mkauppinen@csus.edu
The Recipient may change its Project Director upon written notice to the Grant Manager, which notice
shall be accompanied by authorization from the Recipient’s Authorized Representative. The State Water
Board will notify the Project Director of any changes to its Party Contacts.
3. Exhibits and Appendices Incorporated.
The following exhibits and appendices to this Agreement, including any amendments and supplements
hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A – SCOPE OF WORK
EXHIBIT B – FUNDING PROVISIONS
EXHIBIT C – STANDARD TERMS AND CONDITIONS
EXHIBIT D – SPECIAL CONDITIONS
4. Recipient Representations and Commitments.
The Recipient represents, warrants, and commits to the following as of the date signed by the Recipient
and continuing thereafter for the term of the Agreement:
(a) General Commitments. The Recipient accepts and agrees to comply with all terms, provisions,
conditions, and commitments of this Agreement, including all incorporated documents, and to
fulfill all assurances, declarations, representations, and commitments made by the Recipient in its
application, accompanying documents, and communications filed in support of its request for
financial assistance and throughout the term of this Agreement.
(b) Authorization and Validity. The execution and delivery of this Agreement, including all
incorporated documents, has been duly authorized. This Agreement constitutes a valid and
binding obligation of the Recipient, enforceable in accordance with its terms, except as such
enforcement may be limited by law.
(c) No Violations. The execution, delivery, and performance by Recipient of this Agreement,
including all incorporated documents, do not violate any provision of any law or regulation in
effect as of the date set forth on the first page hereof, or result in any breach or default under any
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contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient
is bound as of the date set forth on the first page hereof.
(d) No Litigation. There are no pending or, to Recipient’s knowledge, threatened actions, claims,
investigations, suits, or proceedings before any governmental authority, court, or administrative
agency which affect the financial condition or operations of the Recipient and/or the Project.
(e) Solvency. None of the transactions contemplated by this Agreement will be or have been made
with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. As of
the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent
by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they
become due.
(f) Legal Status and Eligibility. Recipient is duly organized and existing and in good standing under
the laws of the State of California, and will remain so during the term of this Agreement.
Recipient shall at all times maintain its current legal existence and preserve and keep in full force
and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under
this Agreement for the term of this Agreement.
(g) Good Standing. The Recipient is currently in compliance with the state requirements set forth in
Exhibit C. Within the preceding ten years, the Recipient has not failed to demonstrate compliance
with previous state audit disallowances.
(h) Insurance. Recipient maintains sufficient insurance coverage considering the scope of this
Agreement, including, for example, but not necessarily limited to, General Liability, Automobile
Liability, Worker’s Compensation and Employer’s Liability, Professional Liability.
5. Project Completion.
The Recipient shall expeditiously proceed with and complete the Project in accordance with this
Agreement.
6. Notice.
(a) The Recipient shall notify the Division in writing within five (5) working days of the occurrence of
the following:
(1) Bankruptcy, insolvency, receivership or similar event of the Recipient;
(2) Actions taken pursuant to state law in anticipation of filing for bankruptcy;
(b) The Recipient shall notify the Division within 10 working days of the following:
(1) Any litigation pending or threatened against Recipient regarding its continued existence,
consideration of dissolution, or disincorporation;
(c) The Recipient shall notify the Division promptly of the following:
(1) Any proposed change in scope of the Project. Most changes will require an amendment to
this Agreement;
(2) Cessation of work on the Project where such cessation of work is expected to or does extend
for a period of thirty (30) days or more;
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(3) Any circumstance, combination of circumstances, or condition, which is expected to or does
delay Work Completion for a period of ninety (90) days or more beyond the estimated date
previously provided to the Division;
(4) Any monitoring activities such that the State Water Board and/or Regional Water Quality
Control Board staff may observe and document such activities;
(5) Any public or media event publicizing the accomplishments and/or results of this Agreement
and provide the opportunity for attendance and participation by state representatives with at
least ten (10) working days’ notice to the Division; or
(6) Work Completion, and Project Completion.
7. No Obligation of the State; State Budget Act Contingency.
Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the
State and any such obligation shall be payable solely out of the moneys appropriated by the State
Legislature to the State Water Board from the special fund associated with this Agreement.
If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This
provision shall be construed as a condition precedent to the obligation of the State Water Board to make
any payments under this Agreement. In this event, the State shall have no liability to pay any funds
whatsoever to Recipient or to furnish any other considerations under this Agreement and Recipient shall
not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be
construed to provide the Recipient with a right of priority for payment over any other recipient.
If this Agreement’s funding for any Fiscal Year is reduced or deleted by the Budget Act, by Executive
Order, or by order of the Department of Finance, the State shall have the option to either cancel this
Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to
reflect the reduced amount.
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IN WITNESS WHEREOF, this Agreement Amendment has been executed by the parties hereto.
UNIVERSITY ENTERPRISES, INC.:
By: ____________________________________
Name: Monica Kauppinen
Title: Director
Sponsored Programs Administration
Date: __________________________________
STATE WATER RESOURCES CONTROL BOARD:
By: ____________________________________
Name: Leslie Laudon
Title: Deputy Director
Division of Financial Assistance
Date: __________________________________
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EXHIBIT A – SCOPE OF WORK
A.1 Completion Dates.
The Work Completion Date is established as August 31, 2019June 30, 2021. The Recipient shall deliver
any request for extension of the Work Completion date no less than 90 days prior to the Work Completion
Date. The Division will not unreasonably deny such a timely request, but the Division may deny requests
received after this time.
A.2 Purpose.
This grant is for the benefit of the Recipient. This grant is for the benefit of the Technical Assistance
Recipient identified in the Work Plan or Work Plans. Its purpose is for the provision of technical
assistance to small disadvantaged communities to develop, fund, and implement their capital
improvement projects.
A.3 Scope of Work.
The Recipient agrees to do the following:
The Division accepts requests for technical assistance on a continuous basis. The Division may refer
eligible assistance requests (ARs) to the Recipient. After accepting an AR, the Recipient will determine
what specific assistance it plans to provide and will submit a technical assistance Work Plan with
estimated deliverables and due dates for Division approval. The technical assistance proposed in a given
Work Plan shall be consistent with the general technical assistance tasks outlined below, and the grantee
shall implement technical assistance consistent with Division-approved work plans, or amendments
thereto, including timely submittal of deliverables within the approved Work Plan budget. Each approved
Work Plan shall constitute an amendment to this Agreement and must be signed and dated by the Deputy
Director of the Division or designee and the Authorized Representative, Project Director, or designee to
be effective.
(a) Scoping: The purpose of this task is to define the project and prepare a work plan.
(1) Characterize challenges and potential solutions
(2) Conduct kickoff meeting to discuss path forward
(3) Prepare project work plan
(b) Pre-Planning: The purpose of this task is to determine whether to consolidate or improve the
water and/or wastewater system(s).
(1) Conduct Community Outreach
a. Prepare/implement outreach strategy
b. Assess community interest in the project
c. Conduct/document community meetings
d. Prepare/distribute communication materials
e. Conduct pre-project socio-economic assessment to establish baseline
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EXHIBIT A – SCOPE OF WORK
(2) Conduct a Median Household Income (MHI) Survey
(3) Evaluate Consolidation Feasibility
a. Identify potential facilities within a five-mile radius
b. Initiate contact with candidate facility owners
c. Conduct cost-benefit analysis of consolidation construction
d. Evaluate organization of restructured water and/or wastewater system (s)
e. Prepare preliminary agreements to participate in facility consolidation
f. Evaluate and document Local Agency Formation Commission (LAFCO) requirements
g. Evaluate governance options
h. Facilitate decision-making process
i. Prepare consolidation commitments (e.g. board resolution)
j. Assist with formation of new entity
(4) Conduct Technical, Managerial, and Financial Assessment and Assistance
a. Evaluate whether water quality meets regulatory limits (either through review of existing
data or through sampling and analysis)
b. Develop or update policy manual
c. Develop or update financial policy
d. Develop or update budget and projects/capital improvement and asset management
plans
e. Develop or update operations and maintenance plans
f. Determine scope and budget for planning
g. Assist in preparing Drinking Water State Revolving Fund (DWSRF) and/or Clean Water
State Revolving Fund (CWSRF) planning financing application
h. Provide grant/funding administration
i. Assist in procurement of professional services
(c) Planning: The purpose of this task is to conduct or review studies and prepare or review
conceptual, pre-, and final designs for the water and/or wastewater system improvements.
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EXHIBIT A – SCOPE OF WORK
(1) Conduct Community Outreach
a. Implement outreach strategy
b. Conduct/document community meetings
c. Prepare/distribute communication materials
(2) Conduct Detailed Evaluation of Drinking Water Source, and Treatment and Distribution
Systems
a. Water quality (raw supply and distribution system)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate
b. Capacity (supply, treatment and storage)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate
c. Leak detection and water audits
d. Condition assessment/expected facility life
e. Energy use/efficiency
(3) Identify Needed Water System Improvements
a. Additional source water (surface, ground or recycled)
b. Facilities needing retrofitting (source, treatment, storage, distribution)
c. Facilities needing replacement (source, treatment, storage, distribution)
d. New facilities (source, treatment, storage, distribution)
e. Identify and evaluate alternative solutions – consider non-cost and cost benefits and
recommend solution(s)
(4) Conduct a Detailed Evaluation of Wastewater System
a. Wastewater quality (pre- and post-treatment)
b. Capacity (collection, treatment and disposal)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate
c. Septic to sewer conversions
d. Leak detection
e. Condition assessment/expected facility life
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EXHIBIT A – SCOPE OF WORK
f. Energy use/efficiency
(5) Identify Needed W astewater System Improvements
a. Facilities needing retrofitting (collection, treatment and disposal)
b. Facilities needing replacement (collection, treatment and disposal)
c. New facilities (collection, treatment and disposal)
d. Identify and evaluate alternative solutions – consider non-cost and cost benefits and
recommend solution
(6) Provide Environmental Services
a. Identify strategy to meet environmental requirements (e.g. CEQA, other)
b. Prepare permit applications and reports (e.g. domestic water supply permit, Report of
Waste Discharge, etc.)
(7) Provide Design or Design Review Services
a. Conceptual (10%) design, cost estimate, and delivery method (e.g. conventional or
design/build) for selected solution
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
b. Pilot studies
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Wastewater treatment
iv. Effluent disposal
c. Preliminary (30%) design (including engineer’s estimate and supporting drawings, as
appropriate)
i. Water supply (e.g. wells or other)
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EXHIBIT A – SCOPE OF WORK
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
d. Detailed (100%) design (including detailed engineer’s estimate and plans and
specifications, as appropriate)
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
(8) Provide Management Support
a. Prepare Request for Proposal (RFP) for detailed designer(s) or contractor(s) (depending
on delivery method)
b. Provide support during bidding
i. Answer questions during the bid period and prepare addenda
ii. Evaluate bids and make recommendation to award
c. Conduct rate study
d. Support Proposition 218 compliance
e. Prepare relevant service, management, operating, or joint powers agreement(s)
f. Prepare consolidation agreement(s)
g. Assist in preparing a DWSRF or CWSRF construction funding application
h. Prepare resolutions, certifications, and legal opinions
(d) Construction: The purpose of this task is to oversee construction and commissioning of water
system improvements.
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EXHIBIT A – SCOPE OF WORK
(1) Conduct Community Outreach
a. Implement outreach strategy
b. Conduct/document community meetings
c. Prepare/distribute communication materials
d. Prepare post-project socio-economic assessment
(2) Provide Technical Support
a. Conduct periodic inspections
b. Answer contractor requests for information
c. Review contractor construction schedule
d. Review equipment technical submittals
e. Prepare construction change orders
f. Review contractor pay requests and receive certified payrolls
g. Receive certifications of proper installation
h. Review materials and performance testing
i. Schedule operator training by contractor
j. Monitor facility start-up
k. Coordinate completion of record drawings for facilities and locations
(3) Provide Managerial Support
a. Update operations and maintenance documentation, as appropriate
b. Provide training
c. Perform contract closeout
d. Manage warranty services
e. Prepare emergency response plan
(4) Provide Financial Management Support
a. Assist in funding administration
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EXHIBIT A – SCOPE OF WORK
Related technical assistance tasks not specifically listed above, but consistent with the general scope and
types of technical assistance described above may be included in a technical assistance Work Plan
subject to Division approval.
A.4 Reporting.
(a) Progress Reports. The Recipient shall submit quarterly progress reports to the Grant Manager
within thirty (30) days following the end of the calendar quarter (March, June, September, and
December). Progress Reports shall provide a brief description of activities that have occurred,
milestones achieved, monitoring results (if applicable), and any problems encountered in the
performance of the work under this Agreement during the applicable reporting period. Reporting
shall be required even if no grant related activities occurred during the reporting period. The
Recipient shall document all activities and expenditures in progress reports, including work
performed by contractors. Progress reports must be signed by the Authorized Representative,
Project Director, or designee.
(b) As Needed Information or Reports. The Recipient agrees to provide expeditiously, during the
term of this Agreement, such reports, data, and information as may be reasonably required by the
Division, including but not limited to material necessary or appropriate for evaluation of the
funding program or to fulfill any reporting requirements of the state or federal government.
(c) Final Project Summary. At the conclusion of the Project, the Recipient must submit a draft Final
Project Summary to the Grant Manager for review and approval. The draft Final Project Summary
shall contain a brief summary of the Project, including accomplishments, before and after
pictures, as appropriate. The draft Final Project Summary shall be in a format provided by the
Grant Manager. Following comments from the Grant Manager, the Recipient shall submit the
revised Final Project Summary for review and approval and shall upload an electronic copy of the
final Project Summary to the FAAST system.
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EXHIBIT B – FUNDING PROVISIONS
B.1 Project Funding.
Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds as a grant
in the amount of up to seven million and no cents ($7,000,000).
B.2 Estimated Reasonable Project Cost.
The estimated reasonable cost of the total Project is seven million and no cents ($7,000,000).
B.3 Funding Dates.
(a) The Eligible Start Date is September 1, 2016. Otherwise eligible costs incurred prior to this date
will not be reimbursed, unless otherwise specified in Exhibit D.
(b) The Final Disbursement Request Date is November 30, 2019September 30, 2021. The Deputy
Director of the Division may extend this date for good cause. Extensions may require an
amendment to this Agreement. All disbursement requests must be submitted to the Division such
that they are received prior to this date. Late disbursement requests will not be honored and
remaining amounts will be deobligated.
(c) The term of this agreement is from the Start Date on the cover page of this Agreement to the End
Date of August 31, 2055June 30, 2057.
B.4 Budget Summary.
LINE ITEM PROJECT FUNDS
(GRANT) TOTAL COSTS
Personnel/Specific Staff $1,422,997 $1,422,997
Expenses and Supplies $78,127 $78,127
Special Purpose Equipment (>5,000) $0 $0
Travel $117,864 $117,864
Professional and Consultant Services $4,100,000 $4,100,000
Indirect Costs $1,281,012 $1,281,012
TOTAL $7,000,000 $7,000,000
B.5 Budget Flexibility.
(a) Subject to the prior review and approval of the Grant Manager, adjustments between existing line
item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of the total
amount, including any amendment(s) thereto. Line item adjustments in excess of fifteen percent
(15%) require an Agreement amendment.
(b) The Recipient may submit a request for an adjustment in writing to the Grant Manager. Such
adjustment may not increase or decrease the total grant amount. The Recipient shall submit a
copy of the original Agreement Budget sheet reflecting the requested changes and shall note
proposed changes by striking out the original amount(s) followed with proposed change(s) in bold
and underlined. Budget adjustments deleting a budget line item or adding a new budget line item
shall require a formal amendment. The Division may also propose budget adjustments.
(c) The sum of adjusted line items shall not exceed the total budget amount.
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EXHIBIT B – FUNDING PROVISIONS
B.6 Disbursement of Project Funds; Availability of Project Funds.
(a) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of
sufficient funds to permit the disbursements provided for herein. If sufficient funds are not
available for any reason, including but not limited to failure of the State government to appropriate
funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated
to make any disbursements to the Recipient under this Agreement. This provision shall be
construed as a condition precedent to the obligation of the State Water Board to make any
disbursements under this Agreement. Nothing in this Agreement shall be construed to provide
the Recipient with a right of priority for disbursement over any other recipient. If any
disbursements due the Recipient under this Agreement are deferred because sufficient funds are
unavailable, it is the intention of the State Water Board that such disbursement will be made to
the Recipient when sufficient funds do become available, but this intention is not binding. If this
Agreement’s funding for any fiscal year is reduced or deleted by the Budget Act, by Executive
Order, or by order of the Department of Finance, the State shall have the option to either cancel
this Agreement with no liability occurring to the State, or offer an amendment to the Recipient to
reflect the reduced amount.
(b) Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be
made as follows:
(1) Upon execution and delivery of this Agreement, the Recipient may request disbursement for
eligible Project Costs as specified in this Exhibit from the Project Funds through submission
to the State Water Board of disbursement requests using the disbursement request form
provided by the Grant Manager.
(2) Disbursement requests shall contain the following information:
a. The date of the request;
b. The time period covered by the request, i.e., the term “from” and “to”;
c. The total amount requested;
d. Documentation of match
e. Original signature and date (in ink) of Recipient’s Authorized Representative; and,
f. The Final Disbursement Request shall be clearly marked “FINAL DISBURSEMENT
REQUEST” and shall be submitted NO LATER THAN
November 30, 2019September 30, 2021.
(3) Requests must be itemized based on the line items specified in the budget in this Exhibit.
Requests must be signed by the Authorized Representative, Project Director, or designee
and must be addressed to the Grant Manager as set forth in the Party Contacts section of
this Agreement. Requests for disbursement submitted in any other format than the one
provided by the State Water Board will cause a request for disbursement to be disputed. In
the event of such a dispute, the Grant Manager will notify the Recipient. Payment will not be
made until the dispute is resolved and a corrected request submitted. The Grant Manager
has the responsibility for approving requests for disbursement. Requests must be complete
and executed by the Recipient. Project Costs incurred prior to the Eligible Start Date of this
Agreement will not be funded.
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(4) Project Funds must be requested at least quarterly, not more than monthly, for eligible costs
incurred during the reporting period of the corresponding Progress Report, describing the
activities and expenditures for which the disbursement is being requested.
(5) The Recipient agrees that it will not request disbursement for any Project Cost until such cost
has been incurred and is currently due and payable by the Recipient, although the actual
payment of such cost by the Recipient is not required as a condition of disbursement request.
Supporting documentation (e.g., receipts) must be submitted with each disbursement
request. Disbursement of Project Funds will be made only after receipt of a complete,
adequately supported, properly documented, and accurately addressed disbursement
request.
(6) The Recipient may request reimbursement for actual (not budgeted) indirect costs. This may
include reasonable cost of items necessary for the implementation and management of the
Project, such as: rent, utilities (gas electric, water, sewer trash, internet, etc.), janitorial
services, reasonable maintenance and repairs, pest control, landscaping, equipment
(workstation, fax machines, computers, printers, copiers, postage machines, servers, data
storage), office supplies (paper clips, staples, paper, etc.), printing, shipping, shredding,
postage, courier service, telephone, document storage, insurance (general liability,
professional liability, workers compensation (if not already reflected as part of fringe), and
support staff (such as procurement services, accounting, information technology, human
resources, training and staff development).
Any costs ineligible for reimbursement through this Agreement should be excluded prior to
requesting reimbursement. Examples of ineligible costs include: patents or copyrights, bank
fees or service charges, taxes, licenses, interest, existing indebtedness, amortization,
depreciation, losses, damages or settlements, fines or penalties, fees related to
incorporation, costs related to establishment or reorganization, insurance deductibles,
lobbying, legal defense or prosecution costs, litigation, advertising, contributions to other
nonprofits or events, public relations, marketing, employee appreciation, scholarships or
tuition fees, employee relocation, conference attendance, subscriptions or publication fees,
membership dues, entertainment, meals, refreshments, alcoholic beverages decorations,
childcare or stipends for meeting participants, profit or markup by the grantee, contractor or
subcontractor markup fees, auto insurance (state mileage rates already include
compensation for such costs), travel costs non consistent with State travel policies,
miscellaneous costs, contingencies, other costs deemed by Grant Manager to be
unreasonable, excessive, inappropriate or not related to the purposes of the grant.
It is the Recipient’s responsibility to verify that ineligible costs are not claimed, and to
maintain backup documentation and source documents to support indirect cost
accounting. All such documentation must be available in the case of an audit. No costs
invoiced as part of indirect costs should be included elsewhere as a direct cost. Fringe
should be included in personnel.
(7) The Recipient will not seek reimbursement of any Project Costs that have been reimbursed
from other funding sources.
(8) Recipient shall spend Project Funds within 30 days of receipt. Any interest earned on Project
Funds shall be reported to the State Water Board and will either be required to be returned to
the State Water Board or deducted from future disbursements. In the event that the
Recipient fails to disburse Project Funds to contractors or vendors within thirty (30) days from
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(9) receipt of the funds, the Recipient shall immediately return such funds to the State Water
Board. Interest shall accrue on such funds from the date of disbursement through the date of
mailing of funds to the State Water Board. If the Recipient held such funds in interest-bearing
accounts, any interest earned on the funds shall also be due to the State Water Board.
(10) Recipient shall request its final disbursement no later than the Final Disbursement Request
Date specified herein unless prior approval is granted by the Division. If the Recipient fails to
do so, then the undisbursed balance of this Agreement will be deobligated.
(11) The Recipient agrees that it will not request a disbursement unless that cost is allowable,
reasonable, and allocable.
(12) Notwithstanding any other provision of this Agreement, no disbursement shall be required at
any time or in any manner that is in violation of or in conflict with federal or state laws,
policies, or regulations.
(13) The Recipient agrees that it shall not be entitled to interest earned on undisbursed Project
Funds.
(14) Any reimbursement for necessary travel and per diem shall be at rates not to exceed those
set by the California Department of Human Resources. These rates may be found at
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will
be at the State travel and per diem amounts that are current as of the date costs are incurred
by the Recipient. No travel outside the State of California shall be reimbursed unless prior
written authorization is obtained from the Grant Manager.
(15) The Recipient must include any other documents or requests required or allowed under this
Agreement.
B.7 Withholding of Disbursements and Material Violations.
(a) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water
Board may retain an amount equal to ten percent (10%) of the Project Funds until Project
Completion. Any retained amounts due to the Recipient will be promptly disbursed to the
Recipient, without interest, upon Project Completion.
(b) The State Water Board may withhold all or any portion of the funds provided for by this
Agreement in the event that:
(1) The Recipient has materially violated, or threatens to materially violate, any term, provision,
condition, or commitment of this Agreement; or
(2) The Recipient fails to maintain reasonable progress toward Project Completion.
B.8 Remaining Balance.
In the event the Recipient does not request all of the funds encumbered under this Agreement, any
remaining funds revert to the State.
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B.9 Fraud and Misuse of Public Funds.
All requests for disbursement submitted shall be accurate and signed under penalty of perjury. Any and
all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Recipient
shall not submit any invoice containing costs that are ineligible or have been reimbursed from other
funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for
which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or
multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected
occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in
suspension of disbursements of Project Funds and/or termination of this Agreement requiring the
repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division may request
an audit and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office
for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470,
489-490.)
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C.1 Accounting and Auditing Standards.
The Recipient must maintain Project accounts according to GAAP. The Recipient shall maintain GAAP-
compliant Project accounts, including GAAP requirements relating to the reporting of infrastructure
assets.
C.2 Amendment.
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed
by the parties and approved as required. No oral or written understanding or agreement not incorporated
in this Agreement is binding on any of the parties.
C.3 Assignability.
This Agreement is not assignable by the Recipient, either in whole or in part.
C.4 Audit.
(a) The Division, at its option, may call for an audit of financial information relative to the Planning,
where the Division determines that an audit is desirable to assure program integrity or where
such an audit becomes necessary because of state or federal requirements. Where such an
audit is called for, the audit shall be performed by a certified public accountant independent of the
Recipient and at the cost of the Recipient. The audit shall be in the form required by the Division.
(b) Audit disallowances will be returned to the State Water Board. Failure to comply with audit
disallowance provisions shall disqualify the Recipient from participating in State Water Board
funding programs.
C.5 [Reserved]
C.6 Claims.
Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the
Recipient under this Agreement.
C.7 Competitive Bidding
Recipient shall adhere to any applicable state or local ordinance for competitive bidding and applicable
labor laws.
If Recipient is a private entity, any construction contracts related in any way to the Planning shall be let by
competitive bid procedures that ensure award of such contracts to the lowest responsible bidders.
Recipient shall not award a construction contract until a summary of bids and identification of the selected
lowest responsible bidder is submitted to and approved in writing by the Division. Recipient must provide
a full explanation if Recipient is proposing to award a construction contract to anyone other than the
lowest responsible bidder.
C.8 Compliance with Law, Regulations, etc.
The Recipient agrees that it will, at all times, comply with and require its contractor and subcontractors to
comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements.
Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient will:
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(a) Comply with the State Water Board's Policy;
(b) Comply with and require compliance with the list of state laws (cross-cutters) in Section C-31
of this Agreement.
C.9 Conflict of Interest.
The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in
compliance, and shall remain compliant through Project Completion, with applicable state and federal
conflict of interest laws, including but not limited to laws related to conflict of interest laws related to
contracting and procurement.
C.10 Damages for Breach Affecting Tax-Exempt Status or Federal Compliance.
In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the
loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, including bonds
issued on behalf of the State Water Board, or if such breach shall result in an obligation on the part of the
State or any subdivision or agency thereof to reimburse the federal government by reason of any
arbitrage profits, the Recipient shall immediately reimburse the State or any subdivision or agency thereof
in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency
thereof due to such breach. In the event that any breach of any of the provisions of this Agreement by
the Recipient shall result in the failure of Project Funds to be used pursuant to the provisions of this
Agreement, or if such breach shall result in an obligation on the part of the State or any subdivision or
agency thereof to reimburse the federal government, the Recipient shall immediately reimburse the State
or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the
State or any subdivision or agency thereof due to such breach.
C.11 Disputes.
(a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or
designee, for a final Division decision. The Recipient may appeal a final Division decision to the
State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will
prepare a summary of the dispute and make recommendations relative to its final resolution,
which will be provided to the State Water Board’s Executive Director and each State Water Board
Member. Upon the motion of any State Water Board Member, the State Water Board will review
and resolve the dispute in the manner determined by the State Water Board. Should the State
Water Board determine not to review the final Division decision, this decision will represent a final
agency action on the dispute.
(b) This clause does not preclude consideration of legal questions, provided that nothing herein shall
be construed to make final the decision of the State Water Board, or any official or representative
thereof, on any question of law.
(c) Recipient shall continue with the responsibilities under this Agreement during any dispute.
C.12 Financial Management System and Standards.
The Recipient agrees to comply with federal standards for financial management systems. The Recipient
agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit
preparation of reports required by the federal or state government and tracking of Project Funds to a level
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of expenditure adequate to establish that such funds have not been used in violation of federal or state
law or the terms of this Agreement.
C.13 Governing Law.
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of
California.
C.14 Income Restrictions.
The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon)
accruing to or received by the Recipient under this Agreement shall be paid by the Recipient to the State,
to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the
State under this Agreement.
C.15 Indemnification and State Reviews.
The parties agree that review or approval of Project documents by the State Water Board is for
administrative purposes only, including conformity with application and eligibility criteria, and expressly
not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient
of its responsibility to engage in proper planning. To the extent permitted by law, the Recipient agrees to
indemnify, defend, and hold harmless the State Water Board, and its officers, employees, and agents
(collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought
against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or
expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in
any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or
management of, work done in or about, or the planning, design, acquisition, installation, or construction,
of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this
Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any
environmental law (including, without limitation, the Federal Comprehensive Environmental Response,
Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous
Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances
Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California
Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said
laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue
statement or alleged untrue statement of any material fact or omission or alleged omission to state a
material fact necessary to make the statements required to be stated therein, in light of the circumstances
under which they were made, not misleading with respect to any information provided by the Recipient for
use in any disclosure document utilized in connection with any of the transactions contemplated by this
Agreement. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any
judgment or award entered or made against Indemnified Persons with respect to any such claim or
action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall
survive the term of this Agreement and the discharge of the Recipient's Obligation hereunder.
C.16 Independent Actor.
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an
independent capacity and not as officers, employees, or agents of the State Water Board.
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C.17 Integration.
This Agreement is the complete and final Agreement between the parties.
C.18 Non-Discrimination Clause.
(a) During the performance of this Agreement, Recipient and its contractors and subcontractors shall
not unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, sexual
orientation, physical disability (including HIV and AIDS), mental disability, medical condition
(cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender,
gender identity, gender expression, or military and veteran status.
(b) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment
of their employees and applicants for employment are free from such discrimination and
harassment.
(c) The Recipient, its contractors, and subcontractors shall comply with the provisions of the Fair
Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov.
Code, §12990, subds. (a)-(f) et seq.; Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are
incorporated into this Agreement by reference and made a part hereof as if set forth in full.
(d) The Recipient, its contractors, and subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective bargaining or other
agreement.
(e) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
C.19 No Third Party Rights.
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary
of this Agreement, or of any duty, covenant, obligation, or undertaking established herein.
C.20 [Reserved]
C.21 Other Assistance.
If funding for Project Costs is made available to the Recipient from sources other than this Agreement,
the Recipient shall immediately notify the Grant Manager.
C.22 Permits, Contracting, Disqualification.
The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules
and regulations. Recipient shall procure all permits, licenses and other authorizations necessary to
accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices
necessary and incidental to the due and lawful prosecution of the work.
For any work related to this Agreement, the Recipient shall not contract with any individual or organization
on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or
suspended or otherwise excluded from or ineligible for participation in any work overseen, directed,
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funded, or administered by the State W ater Board program for which funding under this Agreement is
authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at
http://www.waterboards.ca.gov/water_issues/programs/ustcf/dbp.shtml.
C.23 Public Records.
The Recipient acknowledges that, except for a subset of information regarding archaeological records,
the Project records and locations are public records, including but not limited to all of the submissions
accompanying the application, all of the documents incorporated by reference into this Agreement, and all
reports, disbursement requests, and supporting documentation submitted hereunder.
C.24 Prevailing Wages.
The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing
wages. The Recipient shall monitor all agreements subject to reimbursement from this Agreement to
ensure that the prevailing wage provisions of the State Labor Code are being met.
C.25 Professionals.
The Recipient agrees that only professionals with valid licenses in the State of California will be used to
perform services under this Agreement where such services are called for. All technical reports required
pursuant to this Agreement that involve planning, investigation, evaluation, or design, or other word
requiring interpretation and proper application of engineering or geologic sciences shall be prepared by or
under the direction of persons registered to practice in California. All technical reports must contain the
statement of the qualifications of the responsible registered professional(s). Technical reports must bear
the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly
attributed to the professional responsible for the work.
Any contractors, outside associates, or consultants required by the Recipient in connection with the
services covered by this Agreement shall be limited to such individuals or firms as were specifically
identified and agreed to during negotiations for this Agreement, if any, or as are specifically accepted in
writing by the Grant Manager during the performance of this Agreement.
C.26 Public Funding.
This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must
not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's
ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and
circumstances.
C.27 Recipient’s Responsibility for Work.
The Recipient shall be responsible for all work and for persons or entities engaged in work performed
pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and
providers of services. The Recipient shall be responsible for any and all disputes arising out of its
contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient
and any other entity concerning responsibility for performance of work.
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C.28 Records.
Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the
Recipient agrees to:
(a) Establish an official file for the Project which shall adequately document all significant actions
relative to the Project;
(b) Establish separate accounts which will adequately and accurately depict all amounts received
and expended on the Project, including all assistance funds received under this Agreement;
(c) Establish separate accounts which will adequately depict all income received which is
attributable to the Project, specifically including any income attributable to assistance funds
disbursed under this Agreement;
(d) Establish an accounting system which will accurately depict final total costs of the Project,
including both direct and indirect costs;
(e) Establish such accounts and maintain such records as may be necessary for the State to fulfill
federal reporting requirements, including any and all reporting requirements under federal tax
statutes or regulations; and
(f) If Force Account is used by the Recipient for the Project, accounts will be established which
reasonably document all employee hours charged to the Project and the associated tasks
performed by each employee.
(g) Maintain separate books, records and other material relative to the Project.
(h) Retain such books, records, and other material for itself and for each contractor or subcontractor
who performed work on this Project for a minimum of thirty-six (36) years after Work Completion.
The Recipient shall require that such books, records, and other material be subject at all
reasonable times (at a minimum during normal business hours) to inspection, copying, and audit
by the State Water Board, the Bureau of State Audits, the Internal Revenue Service, the
Governor, or any authorized representatives of the aforementioned, and shall allow interviews
during normal business hours of any employees who might reasonably have information related
to such records. The Recipient agrees to include a similar right regarding audit, interviews, and
records retention in any subcontract related to the performance of this Agreement. The
provisions of this section shall survive the term of this Agreement.
C.29 Related Litigation.
A Recipient is prohibited from using funds from any disbursement under this Agreement to pay costs
associated with any litigation the Recipient pursues. Regardless of whether the Project or any eventual
construction project is the subject of litigation, the Recipient agrees to complete the Project funded by the
Agreement or to repay all Project Funds plus interest to the State Water Board.
C.30 Rights in Data.
The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating
manuals, notes, and other written or graphic work produced in the performance of this Agreement are
subject to the rights of the State as set forth in this section. The State shall have the right to reproduce,
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publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and
to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same,
except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and
to authorize others to do so, and to receive electronic copies from the Recipient upon request.
C.31 State Cross-Cutter Compliance.
Recipient represents and certifies that, to the extent applicable, it is in compliance with the following
conditions precedent and agrees that it will continue to maintain compliance during the term of this
Agreement:
(a) State Water Board’s Drought Emergency Water Conservation regulations. Title 23, article 22.5 of
the California Code of Regulations. The Recipient will include a discussion of its implementation
in Progress Reports submitted pursuant to this Agreement.
(b) California Environmental Quality Act (CEQA). Implementation and construction activities must
comply with CEQA and potentially other environmental review requirements, including the
National Environmental Policy Act (NEPA). Proceeding with work subject to CEQA and/or NEPA
without environmental clearance by the State Water Board shall constitute a breach of a material
provision of this Agreement. If Technical Assistance work implemented per this Agreement will
include ground disturbing activities (such as test wells, boreholes) implemented for the purposes
of information collection, and proposed in an area(s) with potential for environmental impacts
(including riparian habitat, wetland, endangered species habitat or sensitive cultural resources
areas), the Recipient shall notify the Grant Manager of the nature and scope of such work and
receive approval to proceed prior to commencing ground disturbing activities.
(c) Water Code section 5103, subdivision (e)(2)(A). If Recipient is a water diverter, Recipient must
maintain compliance by submitting monthly diversion reports to the Division of Water Rights of
the State Water Resources Control Board.
(d) Labor Code sections 1725.5 and 1771.1. To bid for public works contracts, Recipient
acknowledges that Recipient and Recipient’s subcontractors must register with the Department of
Industrial Relations.
(e) Water Code sections 526 and 527. If Recipient is an urban water supplier as defined by Water
Code, it shall have complied and maintain compliance with sections 526 and 527 of the Water
Code relating to installation of meters and volumetric charging.
(f) Urban Water Management Planning Act (Water Code, § 10610 et seq.). If Recipient is an “urban
water supplier” as defined by Water Code section 10617, the Recipient certifies that it has
submitted an Urban W ater Management Plan that has been deemed complete by the Department
of Water Resources and is in compliance with that plan. This shall constitute a condition
precedent to this Agreement.
(g) Urban Water Demand Management Water Code section 10631.5, subdivision (a)(1). If Recipient
is an “urban water supplier” as defined by Water Code section 10617, Recipient certifies that it is
implementing water demand management measures approved by the Department of Water
Resources.
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(h) Delta Plan Consistency Findings. Water Code section 85225 and California Code of Regulations,
title 23, section 5002. If Recipient is a state or local public agency and the proposed action is
covered by the Delta Plan, Recipient will submit a certification of project consistency with the
Delta Plan to the Delta Stewardship Council prior to undertaking the implementation/construction
project associated with this Project.
(i) Agricultural Water Management Plan Consistency. A Recipient that is an agricultural water
supplier as defined by section 10608.12 of the Water Code must comply with the Agricultural
Water Management Planning Act. (Wat. Code, § 10800 et seq.)
(j) Charter City Project Labor Requirements. Labor Code section 1782 and Public Contract Code
section 2503:
(1) Prevailing Wage
Where Recipient is a charter city or a joint powers authority that includes a charter city,
Recipient certifies that no charter provision nor ordinance authorizes a construction
project contractor not to comply with Labor Code’s prevailing wage rate requirements,
nor, within the prior two years (starting from January 1, 2015 or after) has the city
awarded a public works contract without requiring the contractor to comply with such
wage rate requirements according to Labor Code section 1782.
(2) Labor Agreements
Where Recipient is a charter city or a joint powers authority that includes a charter city,
Recipient certifies that no charter provision, initiative, or ordinance limits or constrains the
city’s authority or discretion to adopt, require, or utilize project labor agreements that
include all the taxpayer protection antidiscrimination provisions of Public Contract Code
section 2500 in construction projects, and that Recipient is accordingly eligible for state
funding or financial assistance pursuant to Public Contract Code section 2503.
C.32 State Water Board Action; Costs and Attorney Fees.
The Recipient agrees that any remedy provided in this Agreement is in addition to and not in derogation
of any other legal or equitable remedy available to the State Water Board as a result of breach of this
Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and
exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State
Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of
litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its
own costs and attorney fees.
C.33 Termination; Immediate Acceleration; Interest.
(a) This Agreement may be terminated at any time prior to the End Date set forth on the cover and in
Exhibit B, at the option of the State Water Board, upon violation by the Recipient of any material
provision of this Agreement after such violation has been called to the attention of the Recipient
and after failure of the Recipient to bring itself into compliance with the provisions of this
Agreement within a reasonable time as established by the Division.
University Enterprises, Inc.
CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1
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EXHIBIT C – STANDARD TERMS AND CONDITIONS
(b) In the event of such termination, the Recipient agrees, upon demand, to immediately repay to the
State Water Board an amount equal to Project Funds disbursed hereunder, accrued interest,
penalty assessments, and Additional Payments. In the event of termination, interest shall accrue
on all amounts due at the highest legal rate of interest from the date that notice of termination is
mailed to the Recipient to the date all monies due have been received by the State Water Board.
C.34 Timeliness.
Time is of the essence in this Agreement.
C.35 Unenforceable Provision.
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the
parties agree that all other provisions of this Agreement have force and effect and shall not be affected
thereby.
C.36 Venue.
The State Water Board and the Recipient hereby agree that any action arising out of this Agreement shall
be filed and maintained in the Superior Court in and for the County of Sacramento, California.
C.37 Waiver and Rights of the State Water Board.
Any waiver of rights by the State Water Board with respect to a default or other matter arising under the
Agreement at any time shall not be considered a waiver of rights with respect to any other default or
matter.
Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any
other rights and remedies provided by law.
University Enterprises, Inc.
CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1
Page 29 of 29
EXHIBIT D — SPECIAL CONDITIONS
Recipient acknowledges and agrees to the following special conditions:
None