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HomeMy WebLinkAboutFresno Irrigation District - Jefferson Canal Improvements - 2009REIMBURSEMENT AGREEMENT FOR DESIGN AND CONSTRUCTION OF JEFFERSON CANAL IMPROVEMENTS FOR CITY OF FRESNO INTERIM SURFACE WATER TREATMENT PLANT This Agreement is made and entered into effective as of Sopldi 2008 ('Effective Date'), by and between the Fresno Irrigation District, a Celibmla Irrigation district ('DISTRICT'), and the City of Fresno, a California municipal corporation CCfTY'). RECITALS WHEREAS, the DISTRICT is a California irrigation district organized Wrsuant to the provisions of Division 11 of the Caltomia Water Code and has specific suboft thereunder to engage in water delivery and groundwater enhancement progfams including the development of facilites therefore, and WHEREAS, the DISTRICT owns and operates the Jefferson Canal, the Jefferson 112 Pipeline, the Gunn Pipeline, and the Brown Pipeline shown on Exhibit A (collectively, 'District Facilities'), atlacired hereto and incorporated by reference herein: and WHEREAS, the DISTRICT has water rights which ere held in trust by the Kings River Water Association and which water rights authorize the DISTRICT to deliver water to Me CITY for domestic and municipal purposes for use within the Kings River service area; and WHEREAS, the CITY is a charter city organized and existing under the laws of the State of California; and WHEREAS, CITY intends to construct an Interim surface water treatment plant ('Treatment Plant') on the north side of Dakota Avenue between Temperance and Armstrong Avenues, shown on Exhibit A as the 'SITE", for the purposs of delimnng dameedc and municipal water supplies to residents and businesses wthin is samce area until a larger, regional plant can be constmcte4 and WHEREAS, CITY desires to use District Facilities, to transport water to the Treatment Plant: and WHEREAS, CITY'S use of District Facilities will require certain improvements to Me District Facilities and surrounding DISTRICT Property (coandh dy, the 'Improvements') to meet the Caltomia Department of Public Heath (CDPH) requirements for treatment plant operation appoval; and WHEREAS, in meeting anticipated Treatment Plant operational parameter CITY also requires modifiragons within or near District Facu ies (collectively, 'Modifications'), such as enlarging Me canal, removing encroachments (terming. Main pipes, galea, trees, etc.), constructing at Wast one drivable maintenance road. installation of structures for automation and talemshy, and modification and/or addition to existing structures; and WHEREAS, CITY and DISTRICT desire to enter into this Agreement for Me purpose of designing and constructing the Improvements and Modifications', and WHEREAS, CITY is in Me process of completing a sanitary survey ("Survey) of the Cannot Facilities and preparing a report of the findings to be provided to the CDPH: and WHEREAS, the CDPH has approved a 20 year, State Revolving Fund Low Interest Loan p 1010007-11 in the amount of $931,030 (SRF Loan) pureuent to the Safe Drinking Water State Revolving Fund, as provided far 'Phase It- In the CDPH correspondence dated April 23, 2008 attached hereto as Exhibit B and incorporated herein by reference, and WHEREAS. Me SRF Loan is inclusive of all CDPH approved casts as related to the design and construction of the Improvements and Mod8lcamns, and WHEREAS, DISTRICT will be reimbursed by CIN through SRF Loan funds by musing Me design and wont under such loan to be performed, on behalf of the CITY, as a participant to Ma requirements of the SRF Loan. NOW THEREFORE, in consideration of Me mutual covenants and conditions contained herein, the parties agree as follows: 1. CITY and DISTRICT will Wise SRF Loan funds solely for Me design and constnlchon of the Improvements and Modifications. No funds from Me SRF Loan comingency reserve ('r.e. $107.758) shall be expanded for Me work Wthout Me prior approval of CITY and CDPH. CITY shall reimburse DISTRICT for work under this Agreement as provided In Section 8 below, subject to CITY'a receipt of SRF Loan funtls. N"thstanding Me forell CITY shall be responsible to reimburse DISTRICT for construdon of any Improvements and ModMmtlons approved by CITY within two years of the completion thereof, regardless of the availability of SRF Loan funds or CDPH approval. 2. DISTRICT will complete Me design (including plans and specifications) and mnstrumon of the Improvements and Modifications in accordance with this Agreement and the requirements contained herein. 3. DISTRICT has engaged Provost & Pritchard Engineering Group (P&P) to evaluate and design the Improvements and recommend any Modifications, inking Into account he results of the Survey and any CDPH responses to the Survey. DISTRICT Bill cause PSP to prepare plans and specifications for construction of the Improvements and Modicabons and submit such plans and specifications to CITY no later than the Effective Date for CITY and CDPH review and approval. 9. DISTRICT shall solicit compaMive bids for construction of the Improvements and Modifications approved by CITY, DISTRICT and CDPH (the 'Project'). Such solicitation and award shall Include contract provisions relative W the utillatlon of Minority Business EnterpdseANomen Stainless Enterprise (MBEMBE) in Attachments 1, 2 and 3 t0 Exhibit D attached hereto and incorporated by reference herein. DISTRICT shall, and require his potential prime contractor preparing a bid to. provide at least 5 days for preparation of proposals by potential subcontractors and suppliers. -2- 5. In constructing the Project DISTRICT shall comply with, anti require its conbacore or subcontractors to comply with all federal requirements sat forth in Erbil C. attached hereto anti mcomorated herein by reference, and all Cross -Cuffing Federal AUMonfies sat forth in Exhlbh D. 6. The Project shall be constructed in accordance with the plans and specifications approved by DISTRICT and CITY, anti further approved by CDPH as referenced In Exhibit B. Such approval by DISTRICT will he subject to DISTRICTS determination that Improvements and Modifications designed will not Inhibit or compromise DISTRICTS ma 0 the District Facififin T DISTRICT shall cooperate MIA. and next CITY in maefing SRF Loan tuning process requirements contained in Exhibit B, provided Nat CITY shell reimburse DISTRICT for any mate incurred in assisting CITY in meeting such requirements. DISTRICT shall (I) use its best efforts to compete construction of the project no later than January 31, 2011; (ll) nosily CITY when such construction is approximately 50% complete; (iii) notify CITY when such construction is completed', (iv) complete all applicable environmental compliance documents and obtain any necessary, approvals, Including Nose through CITY anti CDPH for the SRF Loan, prior to start of construction; and (v) submit all construction change orders to CITY for C" and CDPH approval prior to issuance. a. Subject to the provisions. of Semon 1 above, CITY shell reimburse DISTRICT for all cosh incurred by DISTRICT in connection MIA design antl construction of the Improvements and Motlalcatlorm, wghin thirty (30) days Rom receipt of an invoice from Na DISTRICT for work pedormed the previous mono. Such imwics shall be for work completed and shall include a description of work performed. Cosh to be reimbursed, inclutle, but aro not limited to construction costs, conandmrd cosh, DISTRICT staff costs Including overhead anti administratlon, DISTRICT reasonable legal costs, and 80 % of me DISTRICT'S met for studyfes) performed by me Irrigation Training and Research Canter to Investigate the use of the Detroit Facifft es proposed by Na CITY. 9. DISTRICT shall deliver water to the Treatment Plant In amomance with Are provisions contained within the 1972 Cooperative Agreement between DISTRICT and CITY upon completion of are Treatment Plant facilities and upon entering into a separate muNal agreement governing ma ownership of the Improvements and Modifications, maintenance of District Facilities, water quality and regulatory compliance, mat reimbursement and such related matters as may be required mrough mutual agreement beNieen CIT( ant DISTRICT. The parties commit to negotiate and execote such agreement in a timely fashion end in good pith. 10. CITY shall indemnify, hold moness and defend DISTRICT antl each of As i irecom, officers, employees and Authorized volunteers from any and all lose. liability, fines, penahes, forfeitures, cosh ant damages. Including eltomey's fees anti litigation expenses (collectively, 'Claims'), ening from the condmdlon of the Improvements anti the performance of the Modifications, except to the extent such Claims atlas from the negligent or InMMional ads, omissions or vnlMul misconduct of DISTRICT. DISTRICT shall indemnity, hod harmess and deland CITY ant each of as officers, officials, employees, agents antl ra horded volunteers from any and all Claims ending from the construction of the Improvements and are pedamance of Ne -3- Modifications, except to the extent such Claims ansa from the negligent or Intentional acts, omissions or willful misconduct of CITY. DISTRICT shall require P&P and any cons"dim contractor for the work to Indemnify, hold harmless and defend CITY and each of as oFcem, officals, employees, agents and authorized volunteers in accordance with the terms of Me preparing sentence. This section shall survive termination or expiration of this Agreement. 11. It is understood and agreed that DISTRICT and CITY maintain insurance policies or sett -insurance programs to fund their respective liabilities . The parties agree that such respective programs or polity coverage for Workers' Compensstlon shall contain a waiver of subrogation as to the other party and each of its officers, officials, agents, employees and authorized volunteers. DISTRICT shall require P&P to maintain a minimum of (i) Professional liability insurance coverage with limit of liability of not lees Man $1,000,000 and endorsed to include contractual liability, (i) Commercial Automowle Liability (Auto) insurance coverage and Commercial General Liadlity (CGL) insurance coverage of not an than $1,(X*,WD par occurrence with CITY named as an additional insured on the both the Auto and CGL policies, (rill Workers Compensation insistence as required under the California Labor Cork, and (M) Employer's liability insurance with minimum limits of $1=000 each accident, $1,000.000 disease policy limit and $1,000.000 disease each employee. DISTRICT shall require any commotion contractor to maintain (p) CGL insurance policy, erdoreetl to came CITY as an additional insured for -bodily injury," "property damage- and -perear it and advertising injury, with coverage for premises and operations (including me use of owned and non -owned equipment), products and completed o mations, and contractual liability (including, without limitation, indemnity obligations under the contract) with limits of not less than $1,000,000 par occurrence for personal and advertising Injury, $2.OW OW per occurrence for produ at and completed operations, 52.000,000 aggregate for products and completed operations, and $2,000,000 general aggregate applying separately to me work performed for the Mortification and Improvements; (icy Auto insurance policy, endorsed to name CITY as an Motional insured to include coverage for all owned, hired, and non -owned automobiles or other licensed vehldes (Corte 1 -Any Auto) with limits of not less then $1,000.0(10 per accident for bodily injury and property damage; (ii) Workers Compensation Insurance as requiretl under ma California Labor Cade, and IN) Employer's liability insurance with minimum limits of $1,000,000 each accident, $1XOXO disease policy limit and $1,M,MO disease each employee. Any Workers' Compensation Insurance policy hereunder shall contain a waiver of subrogation as to CITY, its officers, officials, agents, employees and authorized volunteers. 12. This Agreement and each of its indicts and attachments refened to herein constitutes the entire undemantlhg between the pat" as to those mappers contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. No supplement, modification, or amendment of this Agreement shall be binding unless executed In writing by both parties heretc. 13. All notices and other communications required under Mis Agreement shall be in wrding and shall be deemed to have been duly given (i) on the data of service, d served personally on the parson to whom notice ie to be given, hi) on Me date of service H cent by facsimile transmission with wrigen confirmation of successful transmission, providetl that notices received by facsimile after $:00 p.m. shall W deemed given on the next business day, (pip) on the next business day after deposit with a recognized WE overnight delivery service, or (IV) or on the third day after melting, If malme to the party to Mom notice is to be given by first class mail, registered or coined. postage -prepaid, and properly addressed as follows'. To the DISTRICT: Fresno brgation District 2997 South Maple Avenue Fresno, CA 93725 -alit Telephone'. 555233-7161 Fax: 559-2338227 Alin: Laurence Pomata. Assistant General Manager To the CII City of Fresno 1910 E University Avenue Fresno CA 93703 Telephone: 559-621-5321 Fax 559157-1238 Add: Glenn Knapp, P.E. Either party may charge be address for notices by providing notice to the other party as provided above. 14. This Agreement shell be binding upon and shall inure to he benefit of any successors or assigns of the ponies. 15. Neither CITY, nor DISTRICT shall assign, delegate or transfer their rights and duties in this Agreement without the wiMen consent of the other party. 16. This Agreement shall be administered aid interpreted under the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights add duties hereunder shall be Fresno County, California. 17. If any pen of this Agreement is bund to be In conFlid with applicable laws, such part shall be inoperative, null ant void to so far as it is in conflict with said law and the remainder of the Agreement shell remain in toll force and effect. 18. In the event either party commences any litigation for the enforcement of this Agreement, the prevetltng party, as determined by the mud or arbitrator, shall be enthled to recover its adomey's fees ant court costs included in the action brought thereon. 19. The rights, intereah, duties ant obdgabons defined within this Agreement are intended for the spedec parties hereto as identified in the polemics of this Agreement. Notwithstarding anything stated to the contrary in this Agreement, it is not intended Nat any rights or Interests In this Agreement bereefit or flow to the interest of any third parties. 20. Time is of the essence with respell to the performance by dee ponies of each and every obligation under any provision of this Agreement. -5- 21. The parties actmowledge Met this Agreement in its final form is the result of the oombined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by cerretruing this Agreement in favor of or against either party, but ranter by centring the terms in accordance with their generally accepted meaning. /I //I lit -6- IN WITNESS WHEREOF, the parties have axeaded this Agreement at Fresno, California, the day and per that above wri ten. CITY OF FRESNO, FRESNO IRRIGATION DISTRICT, a Callfornm muniapal coiporation a California Irrigation district y. ,� n A amirez, D Car Gary ana(o, Bevelary partmant of Public lilities ATTEST'. APPROVED AS TO FORM: Rabe E. Kirsch, CM Clerk ATTO IEY F DISTRICT B Cs o putt' Date 9U�/d9 aneral Counsel APPROVED AS TO FORM: JAMESC. SANCHEZ C yAdomey By. Nen A M91 Det mor 0e Attachments: ENtibit A— Dlslnct FaalHres and Site for Treatment Plant Ehibit B —CDPH Apnl 23, 2008 Correspondence Exhibit C —Federal Requirements Exhibit D— Cross-CUMng Federal AUNoddes Attachment 1—MBENJBE Contract Provisions Attachment A— MBEWBE Contractor Informafion Form Attachment 8— MBEWBE Self Certaiwdan Form Attachment 2—MBEWBE Certification ct Positive Effort Form Attachment 3 —MBEWBE Ouartery Utilization Report Form City of Fresno W Umar oy_Vyer 1 mna Unlnco 'MWCk Exhibit'A' �alaeer�rM.��n,.. � --,--- Flo _ 1 CIV F Fennono Co county I -I SME1 :36.901 r� 9.= A WWne day. May 2U.20W 8:45" CIIIII Sindoe Slate of De part and Human Public Agency • -• • Californiaia Department of Public Health CDPH "sea pOv"', sa Exhibit 'B' April 23, 2008 Syafem NC.: 1010007 Mr. Save WooaB SMSRF Program Manager 1818 Capltcl Avenue, MS 7418 P.O. Box 9873013 Saommento. CA 95888-7413 RE' R haw tl Am 1 fele 1 the CIN o1 Firsurre Wall Snfem-SDWORFP InntN '010007411 RindwedA Meaver The Harped Cistron 011108 has completed the ravers ot the plena and specifications for use source wmer prof tion project tar the City of Fresno (City) SW has dsselminat the fdlowMg: The SOWBRF project conalela d Madura Impeovemenls along Me Enterprise Canal and Mferson Canals, the eurfx® wader 500.1rcas for the Citys surface water treatment planta. The SDWSRF project Is being hadshakes m Nor phases. Imprammanb Include Installation Of Cities II aggle0ne bete for a canal krvee anoW the canal from the heatlworks to Me Cty's raw water lmake for the fi i , removal d Wese ler pupae, removal of backwash dninsge pipes, removal of nonaperatbns pipes, Installation n pasture forcing, and ioatellabon of two animal omcanigs. The Notica Of Applicagon Acceplehse (NOM) specifies that plane and Specifications for Phase I of are project Moet be submitted to the Merced ClstrM ORlca before a hardline, caiebact "I be sauea by DWR • The plane Shot SPINAkedions for Phase 10 the project are consultant w0h the preliminary pmJed approval p deaalbed In Ore project Tachnical Report and Me findtrpe eat forth in the report are qgl viiia. All elements tithe project es set filth In the demand plane am specifications for Phase I d the PrOJed wmPly with all applicable drinking welter lagdations, and other Department repuimme s. The City has compiled cath all d the bechnical condNons and deadlines as recammaeoted by the Merced Can and eel tenth In per NOAH. 9ouaNm Gkeme WRI[kVlyabr Flats! Claret uBranch 1090 Eaal 11 Awnye, Sete M. Remo. CA 83720 (658)"7-9400 (MI"753WFmi Illemel Addrijar, www000lhea Mr Wmye gpn12$ 2008 Pepe? The City's Water 6uPPly Panntl (No. D3-1 "5PA-002) parmps the Clry to operate the surface water treahaed plant end Me Enerpnee Cannel Is designated as the sauce of d whandres", to pply for Mctude e now endow �walm MaureMagament en Pont. lar T3 Pisa Mtkwill F well hfor a eal weer from the Jefferson Conel(Phaae lb. The specMcations to be used to 6011(11 construction We be Phase I of the project contain the required sternen remodel a gwnply with Me Fedeny Goss-MSng requlremene. The Notice of Exemption fix Me entire project has bean compMed and filed wIM Me Fresno County Clergy otice. The toed 0491W Prefect Cont for Phases I and 110 the Protect Mel sh l Is rsbecled In the flmdlnit Contract shouts se $I.M 138. The original protect amoeX 0 $1,53),105, only included Phase I of Me Prorbcl. Sinrx that done, Phase II d the project has boon added at a Cost of $431,030 The funding Curl should contain the 1011mi recommended epactal corhdMone. 1 Construction for the entire preload shall be completed no later Man May 3, 2011 2. The City 0 Fresno Mall nobly Me Merced DICMd when the project construction is approximately 50% compse 3. The City of Fresno Mall submil final dans and specifications to Me Mecad Dien CMrce for Phage II of the projed by Faevery 1, 2008_ 9. The City of Fresno shall notify Me Merced Dust Moat when cvrrtmdion 1s WMPIe on Phase I of the project. 5. All environmaMd compliance documene muni be completed and approved prim to the clan 0 construction. 6. No disburaerrrent 0 SDWSRF funs will be mate for Phase II 0 Me project undl Mb final plana and specMcellons haws base approved by Me Merced C shill Office. 2 All conslroo i er Mange Mot shell be submMed to Me Merced DIMbd Obese for approval prior a ieeuance. S. No funds from the conaWctlon sonMhgen , reserve shell be expendsdwllhoN pnor approval from the Merced Dish 0"ager � COOL /ru,b Englmer Mr. Wx Apnl23. ZNre Peen u. Mr. Snan Hannay, SDWSRF Program MrS Lon SiNa, SDWSRF Program Mr. Lon Merin, City of Fresno ✓Mr. Glenn Knapp, qty d Freeno Fresno Cowrty Human SeMoea Syerem CLorewmm SRF -�"WW nma.e-WO n aXe e: Exhibit C Federal Requirements 1, Fresno Initiation District ('DISTRICT`) shall comply with, and require its contractors Or aubcpntraGors to comply with, a0 applicable federal and state lave, rules and regulations, permits, and all applicable local ordinances, specifically including, but not limited to, environmental, procurement and safety laws, miss, regulations, permits, and ordinances. 2. Upon execution of this Agreement and until 3 years following final payment by City of Fresno ('CITY') for the Modifications and Improvements, DISTRICT shall be subject to ahs examination and audit by CITY, California Department of Public HealM ('CDPH' or'State') or any agent themot, United States Environmental Protection Agency, the Comptroller General of the United States, and the United States Office of the Inspector General, min respect to all matters connected wain performance of the Agreement, as amamfed herein, for construction of the Project. If any litigation, claim, negotiations, audit or other action is commenced before expiration of said same period, all records must be retained until such action Is resolved, or until the end of mid time pend whichever shall later occur. 3. DISTRICT shall maintain and shall require its agents, contractors and subcontractors to maintain, hooka, records and other documents pertinent to their work in accordance with Generally Accepted Accounting Principles. Records are subject to inspection by CITY and CDPH at any and all reasonable times. 4. CITY and CDPH shall have the night, but not the duty, to inspect the "rix being performed on the Project at any an all reasonable times during the Ida of the Agreement, an for a period of 20 years following completion of the Project. This right extends to any portion of the Project under control G DISTRICTS contractor or subcontractors and DISTRICT shall Include provisions ensuring such access In all its contracts or subcontracts related to the Protect. 5. For the life of the Agreement. DISTRICT shall submit In advance, intentions of any sale, abandonment, lease, transfer, exchange, mortgage, hypothecate. or encomberance in any manner whatsoever or any potion of any real or other property necessarily connected or used in cimuncton wain the Project to CITY and CDPH for comment on such intentions retarding continued performance of completed project operations. Upon Project completion an for a period G 20 years, whits is Me reasonably expected Ife of the ProjaG, DISTRICT shall commence and continue operation of all Project shall cause the Project to be operated in an efficient and economical manner an may coordinate with the cities of Fresno and Clovis for the making of any repairs, renewals, and replacements necessary for the effective operation G Me Praject; and shall cause the Project to the maintained In as good of condition as upon its consbuctlon, ordinary and reasonable wear and deprecation excepted. Failure by DISTRICT to complete the Project in accordance won this Agreement may, at the option of CITY, be considered a material breach of the Agreement and upon notice by CITY, DISTRICT shall have SO calendar days from the date of such notice to cure Me call f DISTRICT fails to timely cure the default to the satisfaction of CITY and CDPH, the CITY may terminate any obligation d CITY to DISTRICT, perform any of DISTRICTS obligations under this Agreement, anchor take any other action tt deems necessary to protect As interests. 6. During the IHe of the Agreement and for a period of 20 Pam following completion of Me Project, DISTRICT, its contractors and subcontractors, shall not deny MIs Agreement's benerds to any person on the basis of refigicn, calor, ethnic group identification, sex, age, physical or mental disability, nor shall May discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, mental status, age, or sex. DISTRICT, its contractors and subconhactom shall ensure And the evaluation and treatment of employees and applicants for employment are Area of such clscilmlnabon. DISTRICT, its contractors and subcontractors shalt comply wit the provisions of the Fair Employment and Housing Act (Government Code Section 12900 at seq.), Me regulations promulgated thereunder (Caldomia Code of Regulations. Tills 2, Section 72M 0 at seq.), Me provisions of Article 9.5, Chapter 1, Part 1, DNision 3, Title 2 of the Government Code (Government Code, Sections 1113511139.5) and the regulations or standards adopted by the State to Implement such adide. By signing this Agreemara. DISTRICT assures State that it shall comply with the requirements of the Americans with Dlsabilkles Act (ADA) of 1990, (42 U.S.C. 12101 at a".), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines Issued pursuant to the ADA', Me Civil Rights Act of 198, as amended 42 U.S C. 2000d (1 NO) at seq: Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C. 794 (1989); Federal Water Pollution Control Act Amendments of 1972, Pub.L. No. 92300, 86 Stat 816, and Me Age Discrimination Ad of 1973, as amended 42 U. S.C. 6102 (1994); together with all applicable regulations and guidelines adopted to implement same. Said group of laws and requirements are collectively Waned to herein as the "antidiscrimination laws'. DISTRICT agrees to collect and maintain IMormanon to show compliance wtth Me "anGdiscriminadon laws" Including a list of discrimination complaints, reports of any compliance reviews conducted by other agencies, descriptors of any pestling dlecrimination-based lawsuits and data on Me recall, ethnic, national origin, sex and handicap characteristics of Me population it serves. DISTRICT agrees to cooperate with State In all manner necessary to pennit State to adequately report to Me United States Environmental Protection Agency on DISTRICT'a compliance with the'antl-Maccmination lees'. DISTRICT, its contractors and subconlractore shall give written notice of Meir obligations under Mis Section to labor organizations with which they have a collective bargaining or other agreement. DISTRICT'S signature on Mis Agreement shall constitute a certification under the penalty ot perjury under the laws of State of California the DISTRICT has, unless exempted complied width the nondiscrimination program requl rments ot Government Coda, Section 12990, and Title 2, California Code of Regulations. Section 8103. DISTRICT shall includs Me nondiscrimination and compliance provisions of this Section in all contracts and subcontracts to perform work on the Modlfcabons and Improvements. 7. DISTRICT affirms that it is aware of the provisions of Section 3700 of Me California Labor Code, which requires every employer to be Insured against liability for workers' compensation or to undertake settJnsumnce in accordance won the provisions of that code, and DISTRICT affirms Mat n will comply with such provisions before commencing the performance of the work for the Project and will make its contractors and subcontractors aware of this provision. 8. DISTRICT agrees that for any pol cy of general liability insurance concerning the conatuction of the Modifications and Improvements, it will cause, and will require its contractors and subcontractors to causes, a certificate of insurance to be issued showing CITY, State, and their officers, agents, employees, and servants as additional insured: and shall provide CITY and State with a copy of all such ceriRcates priorto the commencement of construction of the Project. 8. If archaeological features or materials are unearthed during any phase of work activMes, all work in Me immediate vicinity of the find shall het until Me DISTRICT has contacted CITY and the CDPH Environmental Review Unit (ERU), and the significance of the resource has been evaluated My mitigated measures that may be deemed necessary, must have the approval of he ERU, and shall be implemented by a qualified archaeologist representing the DISTRICT prior to Me resumption of mn tr lion activities. If human remains are exposed by project-related activity, the DISTRICT shall comply with California State Health and Safety Code, Section 7050.5, which states that no further disturbance shall occur until the County Coroner has made Me necessary findings as to origin and disposition Wmusnt to California Public Resources Coda. Section 5097,98. The DISTRICT will provide the opportunity for (a) Native American mondor(s) to participate in the ideniticagan, evaluation, and Magadan of effects upon, any Native American human remains or cultural resources Inadvertently exposed during Me proposed undertaking. Consultation with Personnel designated by Me Native American Hentage Commission would be acceptable. Should tribal representatives agree to consult on any such discoveries; the costs incurred will ba the responsibility of the DISTRICT. 10. DISTRICT is responsible for the implementation of "best management prectices" to the minimum levels W those identified in the California Urban Water Conservation Council - Memonardum of Understanding (MOU), which can be found at wwx.cuwcc.orglmou-main-page.aspx Exhibit D COMPLIANCE WITH CROSSCUTTING FEDERAL AUTHORITIES ARTICLE 61, COMPLIANCE WITH FEDERAL AUTHORITIES (a) Fresno Inigagon DisMd ("Supplier) agrees to comply with all applicable state and federal laws ant authorities, indudirg but not limited to the federal aNhon ies listed below: and to Me fullest extent required by law, shall require compliance with said authorities by its contractors and subcomrectgrs on the Project. Procurement Prohibition under Section 308 of the Clean At Act arc Section 508 of the Clean Water Ad, including Executive Order 1173, Administration of the Clean Air Ad and the Federal Water Pollution Control Act cath Respect to Federal Contracts, Grans, or Loans Uniform Relocation and Real Property Acquisition Policies Ad, Pub. L 91-848, as amerced Debarment and Suspension, Exequtive Outer 12549 Age Discrimination Ad of 1975, Pub. L. 94-135 • Ttle VI of the Civil Rights Act of 1984, Pub. L. 8&352 (2) • Section 13 of the Federal Water Pollution Combat Act Amendments of 1972, Pub. L. 92-500 (Me Clean Water Ad) • Section 504 of the Rehabilitation Act of 1973. Pub. L. 93-112 (including Executive Orders 11914 and 11 2M) Equal Employment Opportunity, Executive Order 11246 • Women's arc Minority Business Emeryds6, Executive Orders 11825, 12138 and 12432 • Section 129 of the Small Business Administration Reauthorization and Amendment AIX of 1988, Pub L 100.590 (b) In partial compliance with Me above list of Cross -cutting Federal Authorities, Supplier agrees to take certain actions specifically set forth in the following Articles: ARTICLE 0.2. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS Supplier agrees that it shall be deemed to be a contractor and shall comply with the fallowing requirements in that rale' follows: (a) During the poNonthis Agreement, of tAgreement, the contractor agrees as (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national orgin, physical or mental handicap, or age. The contractor vitt take affirmative action to ensure that applicants are employed, and that employees are heated during employment without regard to their race, color, religion, sex, national origin, physical or mental handicap, or age. Such action shell include, but not ba limitad to the following: employment, upgrading, demotion, or transfer: recmitment or recmitment advertising: layoff or termination; rotas m pay or other tonna of compersatbn; and career development opportunmes and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, nodcee to be provided by the Federal Government setting form the provisions of the Equal Opportunity Clause and the Rehabilitation AIX a 1973. Such notices shell state the contractors obligation under the law to take affirmative action to employ and advance in employment qualified applicants without discrimination based on Mair race color, religion, sax, national origin, physical or mental handicap, or age, and the rights a applicants and employees. (2) The aontrector will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment will= regartl to race, color, religion, sex, national origin, physical or mental handicap. or age. (3) The contractor will send to each labor union or representative of workers wish which he hes a collective bargaining agreement or other contract or understanding of notice, to be provided by the Federal Government evening the labor union or workers' representative of the contractors commitments under the Equal Opportunities Clause, and shall post copies of me noticein conspicuous places available to employees and applicants for employment. (4) The connector will comply with all provisions of the Rehabilitation Act of 1973 and of the Federal Executive Order No. 11246 as amended and of the miss, regulations, and relevant orders of the Secretary of labor. (5) The contractor will human all information and reports required! by Federal Executive Older No. 11246 as amended and the Rehabilitation Ad of 1973, and by the mise, regulations, and ohms of the Secretary of Labor, or pursuant thereto, and will parent access to his books, records, and accounts by the connecting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules. regulations, and orders. (6) In the event of the contractors noncompliance with the requirements of this Equal Opportunity Clause or with me nondiscrimination clauses of this Contract or with any of such miss, regulations, or orders, this Conired may be cancelled, terminated, or suspended In whole or in part and the contactor may be declared ineligible for fuller federal contracts in accordance with procedures authorized in Federal Executive Order No. 11246 as amended and such other sanctions may be imposed and remedies invoked as provided in Federal Executive Order No. 11246 as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will Include the provisions of paragraphs (1) through (7) [of Min Arlinsej in every coi subcontract or purchase order relatetl to this Contract unless exempted by rules, regulations, or orders of th Seaelary of Labor issued pursuant to Earnest Executive Order No. 11248 as amended or semen, 503 of the Rehabilitation Act of 1973, so that such provisions will be binding upon each contractor, subcontractor or vendor. The coMractor will take such action with respect to any subcontract or purchase order as may be directed by Ma Secretary of Labor or the Director of Federal Compliance Programs or State may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however, Mat In the event the contractor becomes involved in, or Is threatened with, litigation with a subcontractor or vendor as a result of such direction, the codirector may request in writing to State, which. in tum, may decided the United States to enter Into such hegation to prated the inherent of the United States and Slate. Each contractor shall fid, and shall cause each of his suldomm airs to file. Compliance Reports with the contracting agency or the Secretary of Labor as may be directed Compliance Reports shall be filed within such times and shall contain such information as to Me elections, ponctes, programa, and employment policies, programs end employment demands d Me contractor and each subcontractor. and shall W in such form, as the Secretary of Labor may prescribe. Bidders or prospective contractors or subcontractors may be raqui ed to stale whether May have participated in any previous contract subject to the provisions of Federal Executive Order No. 11248, as amended or any preceding similar Executive order, and in that event to submit, on behalf of themselves ark Meir propose! subcontractors, Compliance Reports pear to or as an initial pert d their bid or negotiated of a contract. (b) In nodded, If the Project is to bar conducted In a geographical area that has been designated by the Office of Federal Contract Compliance for spectral treatment, Supplier agrees Mat it will undertake, and will require its contractors and subcontrectore to undertake affirmative added programs in accordance with regulations and other directive promulgated by that Once, ARTICLE D-3. PARTICIPATION OF SMALL, MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISES. (a) Supplier acknowledges that Executive Orders 11825, 12138, ant 12432 are applicable to this Contract, ant that the United States Environmental Agency (EPA) requires that recipients of financial assistance. Including assistance under Me SDWSRF, comply with Me requirements d and orders. In compliance with such requiremeres, State has negotiated 'Fair Share Objectives' wind FPA for partlapation of small, minority and womenowned Waldenses in all procurement activity undertaken with funds made available to Supplier under this Contract. Bad 'Fair Share Objectives' are set forth in Attachment 1, anti hereto and incorporated harem by Mas reference. Supplier agrees that it will cooperate with and assitl State in achieving said lair share objectives' and will exercise good laid efforts to achieve such minimum partapation of small, minority and women -owned businesses, and in particular agrees that In the selected of any and all contractors for the procurement of equipment, supplies, consifuction, and services relatetl to the project. 4, at a minimum, has or will undertake the following affilmatNe steps, (1) Induce small, minority and womeno ed businesses on solicitation has (2) Assures that small, minority and women -owned businesses are solidtetl whenever they are Potential sources; (3) Divide total requirements, when economically feasible, into small tasks or quarmtbe to permit maximum participation by small, minority or women -owned businesses; (4) Establish delivery schedules, wizen the requirements of the work Permit, which will encourage partidpation by small, minority or women -owned businesses; (5) Use the services of the Smell Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropdal and (6) If any contractor awards subagreementa, require the contractor to take the affirmative steps in paragraphs (1) through (5) ofthis paragraph. (b) Supplier agrees that prior to the award M any contract for the procurement of equipment, supplies, construction, or seMces relatetl to the Prefect, it has or will review the efforts of such cobs char to include small, women, and minority owned businesses and will assure State that such contractor hes compiled with the requirements of this Article D-3. A form for providing said assurance will be provitlW by State In a form substantially similar to that of Attachimil attached hereto and incorporated by reference herein. (c) Supplier agrees that it shall report, and shall require its contractors to report, on its good faith efforts and achievements in meeting State's Meir share oblec8ves" antl otter requirements of this Article. Supplier shall provide such reports to State within fifteen (15) clays after the end of each Federal fiscal quarter during which Supplier, or any of its contractors, have awarded any contracts for procurement of equipment supplies, construction or services related to the Project. Supplier Shall report said information on a form to be Provided by State, which form will be substantially similar to the form attached hereto as Attnclarm t3 and Incorporated by reference herein. ARTICLE DA. PROCUREMENT PROHIBITIONS. By Its signature on this Contract Supplier cel that it will not procure goods, services, or materials from any entity, or otherwise mica any facility for the construction of the Project, M such entity or facility is listed on am USEPA's List of Violating Fedikies, and! Supplier further candles it will comply with the am eons of F em4ive Order No. 11738, 3 C.F.R. 7% (1973), Section 306 of the Clean Air Act of 42 U.S.C. 7808 (1994) and Section 508 of the Clean Water Act 33 U.S.C. 1368 (1982). ARTICLE 0.5. DEBARMENT AND SUSPENSION Supplier agrees that for purposes of the following subparts (a) and (b), Supplier is the "prospective lower tier participant', and this Agreement Is the 'proposal (a) Instructions for Certification (1) By signing and submitting this proposal, the prospective lower Bar participant is providing the certificetlon sat out below. (2) The certification in Mis cause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it Is later determined that Me prospective lower tier participant knowingly rendered an erroneous certification, In addition to other remedied available to Me Feria it Government the department or agency with which Mis transaciion onglnated may pursue available remedies, including suspension and/or debasement, (3) The prospadive lower tier participant shell provide immediate written notice to Me person to which this proposal Is submitted d at any time the Prospective Inner tier participant leame that its certification was erroneous when submitted or had become erroneous by reasons of changed circumstances. (4) The tense covered transaction, debarred, suspended inelgible, lower her covered transaction, participant person, primary covered transaction, prindpal, proposal, and voluntarily excluded, as used in this cause. have the meaning set out in the Dofndions and Coverage sections of miss implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. (5) The prospective lower tier participant agrees by submitting this proposal that, should the proposal covered t'aenuchon be entered into, it shall not knowingly enter Into any lower tier transaction with a Person who is proposed for debarment under 48 CFR part 9, subpart 9.4 deboned, suspended declared Ineligible, or voluntarily excluded from participation in Nis covered transaction, unless authored by the department or agency with which MIS transaction originated. (6) The prospective lower tier participant further agrees by submitting this proposal Mat it will include this clause Wand Certficafion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction', wri modification, in all lower bar covered transactions and In all solicitations for lower tier covered transactions. (7) A paNdpard in a covered transaction may rely upon a cedifcation of a prospedive participant In a lower ter covered transaction Met k Is not proposed ler debarment under 48CFR part9, subpart9.4, debamed, suspended Ineligible, or voluntarily excluded from covered transactions, unless it knows that the certi8caton is erroneous. A particip M may deride the method and heguanry by which k tl ermines the eligibility d Bs principals. Each panicyant may, but is not Ilmded to, Bred the List d Partes Excluded from Federal Procurement and Nonprocurement Programs. (e) Naming contained in the foregoing shall be construed to require establishment of a system of records in order to render in good fafth the codgcetion requiretl by this tlause. The knowledge and information of a participant is not requiretl to exceed met which is normally comessed by a pmtlent person In the ordinary, course of business dealings. (9) Except for transections authomed under paragraph (5) of these instructions. If a participant in a covered transaction knowingly entere into a lower gar vered transaction wah a person who is proposed for debarment under 48 CFR pad 9. subpart 9.4, suspended, debarred, ineligible or voluntanly excluded from participation in this bansaction, in addition to char remedies available to the Federal Government, the department or agency when which this transaction originated may pursue available remedies. including suspension andlor debarment. (b) Certification Regarding Debarment, Suspenwon, Ineligibility and Voluntary Exclusion -Lower Ter Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals Is presently debarred, suspemtetl, proposed for debarment, declaretl ineligible, or voluntarily excluded from participation in this transaction by any Federal depaMnent or agency. (2) Where the prospective lower tier participant is unable to caddy to any of the statements in this ceMrcellon, such Prospective part'i pant shall attach an explanation to this proposal. ARTICLE D6. UNIFORM RELOCATION AND REAL PROPERTY ACQUISITION ACT Suppler will comply, or has already complied with the requirements of Times II and III of the Uniform Relocation Assistance and Reel Property Acquisition Polities Act of 1970 (Public Lew 91648. 42 U.S.C. 4555), as amended, which provides for fair and equitable treatment of Persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements appy to all interests In real Property am uired for protect purposes regardless of Federal participation in purchase. ARTICLE 07. NATIONAL LABOR RELATIONS BOARD CERTIFICATION (Not applicable If Supplier is a public amity.) Supplier by signing this Compact, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Supplier wienin the immediate preceding lh o ar pence because of Suppliers failure to comply wmh an oder of a federal court which odes Supplier to comply wish an odar of fire National Labor Relatimm Boal. Attachment t COKMU PROVISIONS RELITWE TO THE UTILIZATION OF MINORRV BUSINESS ENTERPRISE (MBE) AND WOMEN BUSINESS ENTERPRISE (WBE) Compliance with the requirements of this document and attachments satisfies the MBE/WOE requirements for this construction contract. This document supersedes any conNicting requirements. Failure to take the six (6) affirmative steps listed under Good Faith Effort Requirements, prior to bid opening ani to submit the Mi adty Business Enterprise/Women Business Enterprise Information (Attachment A) form with the bid shall cause the bid to he rejected as a ram respms ve bid, The Fresno IricaHon DHtrict. on behalf of the City of Fresno. advises pomindal bidders Nat the Project is being funded In whole or on with federal loan or grant funds through the California Safe DdnMng Water State Revolving Fund, and, As such, Executive Orders 11625, 12138, and 12432 are applicable to this contract. The United States Endronmental Agency (EPA) requires that recipients of financial assistance, Including assistance under the SDWSRF, comply with the requirements of these orders. In compliance with such requirements, California SDWSRF has negotiatetl "Fair Share Objectives" with EPA for participation of small, minority and women owmd businesses in procurement activity undertaken with funds made available through the SDWSRF. Bidder agrees that it will cooperate with and assist the Fresno InneaHon District and City of Fresno in achieving "fair share objectives" and will exercise Good Faith Efforts to achieve such minimum participation of small, minority and women owned businesses. In particular, in submitting a bid, the bidder shall, in the selection of any and all contractors, subcontractors, and vendors for the procurement of equipment, supplies, construction, and services related to the project, at a minimum, undertake the following affirmaMe "Good Faith Effort" steps: Good Faith Effort Requirements (1) Include small, minority and women owned businesses on soticitation lists; (2) Assure that small, minority and women owned businesses are solicited whenever they are potential sources. Specific guidelines are published on website As part of bid solicitation; (3) Divide total requirements, when ecoromicalty feasible, into small tasks or quantities to Permit maximum participation by small, minority and women owned businesses; (4) Establish delivery schedules, when the requirements of the work permit, which will encourage participation by small, minority and women owned buinessn; (5) Use the services of the Smelt Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropriate; and (6) If any contractor awards subagreements, require the contractor to take the affirmative steps in paragraphs (t) through (5) of this section. Dther Beoulrements: (1) All bidders must submit documentation showing that, prior to bid opening, all required positive efforts were made. The documentation must be received by the Fresno Irrigation DlStrlct by 5PM one U working day following bid opening, except Attachment A (Contractor Information Formi, which is to be submitted with the bid. Failure to submit Attachment A (Contractor Information Form ) with the bid will cause the bid to he rejected as non-responsive. (2) If the apparent successful low bidder has rejected or considered as non -responsible and or non-responsive any low MBE or WBE sub -bidder, a complete explanation must be provided to the Fresno Irrigation District. (3) Each MBE/WBE firm to be utilized must complete the Attachment B (MBEIWBE Self Certification), or equivalent certification by a federal, state, or Inial government entity. Such certification documentation shall be submitted to the Fresno Irrigation District by the apparent successful low bidder. (4) If additional procurement becomes necessary after the award of the prime contract, good faith efforts shall be applied, and, if MBE/ WBE subcontracts are awarded, Attachment B (MBE/WBE Sell Certification) or equivalent certification shall be provided to the Fresno Irrigation District by the prime contractor with n 10 wowing days following the award N each new subcontract. (5) Any deviation from Ne information contained in Attachment A (Contractor Information Form) shall not result in a reductian of MBE/ME participation without prior approval of the Fresno Innatiori Dlftri t and City of Fresno. 16) Failure of the apparent low bidder to perform the six affirmative (Good Faith Effort) steps prior to bid opening and/or to submit Attachment A(Contractor Information Formi with its bid will lead to its bid being declared non resporMve by the Fresno Irrigation District. The Fresno Intgation District may then award the contract to the next low responsive, responsible bidder meeting the requirements of these contract provisions. Fair Share Obiectives: The following good faith effort objectives have been established for this construction contract: Procurement Category MBE WBE Comi uction 22% 9% Supplies in ]% Equipment 14% 7% Services 16% 14% e 202 ONFCPNUSPFE STEPW AFTER STATE FEVIYnW RED MACHMENTA t OR BUSBIESS ENTBRERESEMCIM BUSS S ENTERPRISE INMWAHON /SOBABT Wr THE BBT- EaBom b complete and submit th form AHA WE MN nine IM Md t0h rt ectad r III__ TEF SYSTEM NAME J I♦ ul I RFfNO IDS I(,IYP WATER SYSTEM NUMOER£SCTECT HUMMER IOIWWu CON<7eR.FpBM.YIUI PROACT DESCRIPTION. PMAI LOCATION AAff CglIRACBJB 1f6ORMAHON NAME AND ACCUSES fnI ZIP SEA). o MSE oS WEE TYPE OF CGMgACT AFCHITECEENGINEERI CONSTRUCTION SUPRIEWSERVICE SIS S M101MTOFLIM'IMCTgIh S NUJ W8E B1F'ORMAI'TON Mm 0 WEE NANEPNUAISPES511MWeiIPm]el- PHI sUSCONTRACTOR SUPPuENsEFYICE ""VENTURE BRDNIA OONTRACTMigMT TYRE OFCDNIRACT: o MSE o WPE MmIIEM81IlWE 9n lb B;I PHONE 0 SUBCONTRACTOR 0 suPPUMigENYICE o JTANTVENTURE o SPOKEN COATTI NVOIMT s TYPE6tlIxmw4T: O EBE O APE FLIME.WDAUONEr 11ntlWFLvroh1: PHI o SUBCONTRACTOR MIUM EWSFMM:E JOFTVENTURE O ERDNER CdrtRARAMOUNt TYPE OF CONTRACT: GOALIE h=&WBXF d A'MBB PAllukXV03INACKIIIIIIIII10 n EOTPT&l selMQe plea %MBE B% %ME or MBE MBE% MES ME% Is % s % 18%s JIX % s % B% 1% $ % $ nv. Tx TMAI f s FoBM ccxIi aO Br F TMS P.PaE SCHNIU E mm EAST PN+A4YEdMmmmmmeMFwm I6m uPWTEI Fl .VnbMwoa.lu.M % S % S % PN+A4YEdMmmmmmeMFwm I6m uPWTEI Fl .VnbMwoa.lu.M AnACHMENT B MINORRy BUSINESS ENTERPRISEMOMEN'S BUSINESS ENTERPRISE (MBEAI SELF CERTIFICATION DEPARTMENT OF HEALTH SERVICES DIVISION OF GRINNING WATER AND ENVIRONMENTAL MANAGEMENT Finn Name'. Phone' Address Principal Servka or Product 'a-MBE a-ME u-Prime Conttacbr C- Supplier of MaterawSembe -Subwnlreche L, Broker u Sok Camarshlp o-Corpombon PBMarshlp J. loot Venture Names of Owner Percent MSE42hl WBE ownership aarNty' Additional PICON may be Shulred upon Written Challenge of his Cerldfi®eon by any person or a Felslficeton Of his certification by a firm sxectM to pe lfaml Federally Mode l work may Peak lnnaacey determination th d the firm k mnresporhibb and ineligible far luNre contract Cttufied by nue: (BlgrgNre) Nome. Data Refer M definitans on the nerd page. -DEFINITIONS - MINORITY BUSINESS ENTERPRISEIWOMEN'S BUSINESS ENTERPRISE (MBEIWBE) A MBE is a business that is, (1) at least 51 percent owned and controlled by one or more minority individuals, or, in the was of a publicly mimed business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose dally business operations are managed and directed by one or more of the minority owners, A WBE is a business that is, (1) at least 51 percent owned by one or more women, or, in the case of a publicly owned business, at least 51 percent of the stack is owned by one or more women; and, (2) whose dairy business operations are managed and directed by one or more of the women owners. (a) American Indians Persons having origins in any of the original peoples of North America. To qualify in this group, a person must be a citizen of the United States and meet one or more qualifying criteria including: (1) Be at least one-fourth Indian descent (as evidenced by registration with the Bureau of Indian Affairs); (2) Characteristic Indian name; (3) Recogni ion in the community as an Indian; (4) Membership in a Wbe, band or group of American Indians (recognaed by the Federal Government), as evidenced by a tribal enrollment number or similar indication; and (5) Characteristic Indian appearance and features. (b) Black Americans U.S. citizens, other than Hispanic, having origins in any of the black racial groups of Africa. (c) Asian Americans U.S. citizens having origins in any of the original peoples of the Far East, Southam Asia, the Indian subcontinent or the Pacific Islands. This area Includes, for example, China, Japan, Korea, the Philippine Islands and Samoa. The Indian subcontinent takes in the countries of India, Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim, and Bhutan. (d) Hispanic Americans U.S. citizens of Mexican, Puerto Rican, Cuban, or other Spanish culture or ongin, regardless of ace. Only those persons from Central and South American counmes who are of Spanish origin, descent, or culture should be included in this category. Persons from Brazil, Guyana, Surinam or Trinidad, for example, would be classified according to their race and would not necessarily be included in the Hispanic category. In addition, the category does not include persons from Portugal. who should be classified according to ace. (e) American Eskimos and American Aleuts ANvhu<oll CERTIFICATION OF POSITIVE EFFORT' MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE PARTICIPATION Name of Applicant Water System Wafer System lD Ni SDWSRF Contract No.: project No.: Description of Project (contract wnrip: Minority -and Womer owned Business Enterprise participation In this contract, which is banderol through me Caibmia Safe Drinking View Ships Revolving Fund Loan Program, has been obtained from the salacled bkitlerlaffaor IfMYaxrrertet If .ml�uOnnMt and the documentation has been reviewed by NAVE N �T WATER nh to ensure that thtrie lderlofferm has salisfactonly carred out the following affirmative steps: 1. Included quatified minority and womenowned businesses on solidtatort lists: 2. Snisied minority and womenowned businesses whenever they are pleaded sources: 3. Divided total requirements, when economically feasible, into smaller tasks or qualities to permit maximum parlkipatim by minority- and nnrenowned businesses; 0, Where feasible established delivery schedules to encourage participation by mirrority- and wgmenowned businesses: 5. Used the services and assistance of the U.S. Department of Commerce s Minority Business Development Agency (Ml and the US. Small Business Administration to identlty minority- and womeno lied business enterprises) [(MBE) and (WBE)[ and "p. If a selected sube0nlydcllor annaltla subdgmemen r requeed me subcontractor to We the affirmative steps Induced paragraphs 1 through 5 above. Nowtv w'K,01 ..... ...... — shall maintain all docurn hmatien related to MBEAME good man efforts, evaluation of that effort, contactor selection, and MBEANBE participation , in the project Map; and make it available upon request. The participation goals for Mis project are: MBE: % ME: to The pardpatim levelsr attained by the connector are: MBE: % ME: % The hes made a good faith effort to haat ale Minorlfy- and Womerwwned Business Erarpnse participation In this construction contract. I, the undersignetl representative of hereby clearly that all inforation provided herein Is correct to the best of my knowledge atm belief, 14�nw.w.®dnprwtnl Idol rtlmd�rerearemma,®,..,wwe trroe.uoma,.n®�mue '"is publication 1s requital pursuant b htleral regulations, specifically e0 CFR 31 36[s) rAnach Connector Inkrmation Form 101/0) ocncsrning MBEMBE firms participating in this contract. ADu,n,e.I:P_ CALIFORNIA DEPARTMENT OFHEALTN SERVICES SAFE DRINKING WATER STATE REVOLVING FUND PROGRAM MINORITY BUSINESS ENTERPRISEIWOMEN BUSINESS ENTERPRISE MRFfIVEE QUARTERLY UMLLEATION REPORT FOR COMPLIANCE W ITN FEDERAL SDWSRF FUNDING REQUIREMENTS PART]. Por'xreeoNwneReu.: ryuve:erryuirtd THIS aEPOV ISDDE If M"AFTERTRE ENDOFEACR ETWIAL QTARTER 2A RMISIOR OATIOARE: Jnory I%AMI 14JvSy 14.MUemtr.IS sBWSxFMBF/W9EQunMEµv Onluwnox REkat IOSRIIY, R['anxl la REroanYfi pl!ARfER"axµpnp:4e bnl 6% IJ% IA WN. fERF15['N. YEM ❑1^IOtl-pwl ❑l (Le ❑]^IAPJeeI Mar) ❑1^I]IY-SePD❑Amount t% R o a M. Slt3MTFREMAT7D sA. InnN REcmmrrsrvAMEArvo ApQRusl RF LOAN NO ]a sTAn COY]'A(T PIOM. fc RHxTaTNrs EGYTAcE )o NEW A TOTALNUMIXIFINDING IR FREI&RF60ALS PROMISE IWRE PARTIF.TPATION %M� ORELUAN S LF41P^a^: sRFOPMR S Mvlm OTHER NW] $ suypllo R:. PERIODWNESCONTPACIti AN WORPBRCRAREf l90ERM16PR IA6 CI®'ITJOENR: sumuE lRMxul � EwMrFROtTAvI� A SRf (]AIN.YINISMIORTING PF.RIOO: ML MBEWBEFROCUREMEWTHIMNUNIRTINGPERHOD SIASE svexa.. supgla 0. RERAnvE REXWTTRIi pxnxrl.x n'M.'e Mel 0 ER rQM,EN,S A NAME OF RECIPIENT'S AITIORI]F➢ aEPRCNEYTAVAa ,R TITLE TC. SICNAn REOTALINORIEEO REP¢sEnIAT1V¢ TM DATE: THIS aEPOV ISDDE If M"AFTERTRE ENDOFEACR ETWIAL QTARTER 2A RMISIOR OATIOARE: Jnory I%AMI 14JvSy 14.MUemtr.IS sBWSxFMBF/W9EQunMEµv Onluwnox REkat IOSRIIY, R['anxl 6% IJ% It% t% THIS aEPOV ISDDE If M"AFTERTRE ENDOFEACR ETWIAL QTARTER 2A RMISIOR OATIOARE: Jnory I%AMI 14JvSy 14.MUemtr.IS sBWSxFMBF/W9EQunMEµv Onluwnox REkat IOSRIIY, R['anxl .� !] \}{/// |� \\| 4m' ` (§t§` |! ` ! G§)\ Wim§§ j um ` ,( §; } || !] \}{/// FRESM'yol 3 �/� 44 REPORT TO THE CITY COUNCIL September 24, 2009 AGENDA ITEM NO. I H COUNCILMEETING 9�TY%49 aovt oar CITY FROM: RENE A. RAMIREZ, Director Department of Public Utilities hesmbdtodo eu a the2Ya9 BY: MARTIN A. OUERIN, P. E., Assistant Director mmmirlon Department of Public Utilities - Water Division SUBJECT: APPROVE REIMBURSEMENT AGREEMENT WITH FRESNO IRRIGATION DISTRICT FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS ALONG THE JEFFERSON CANAL UTILIZING UP TO $431030 OF A 20 -YEAR SAFE DRINKING WATER STATE REVOLVING FUND LOW INTEREST LOAN AND AUTHORIZE THE DIRECTOR OF PUBLIC UTILITIES TO SIGN ON BEHALF OF THE CITY OF FRESNO RECOMMENDATION Staff recommends that the City Council approve the Reimbursement Agreement with the Fresno Irrigation District (District) for the design and construction of improvements along the Jefferson Canal utilizing up to $431 A30 of a 20 year Safe Drinking Water State Revolving Fund Low -Interest Loan to protect source waters from potential contaminai activities, add authorize the Director of Public Utilities to sign on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On October 3, 2006, Council authorized acceptance of a 20 -Year State Revolving Fund Lew Interest (2.29%) Loan (SRF Loan), and Resolution for improvements along the Enterpnse Canal under Application Number 1010007-011. On July 29, 2008, an amendment to the loan amount of $1,637.106 (Phase 0 was approved by Council to include Improvements along the Jefferson Canal (Phase II), to serve a permanent 3 million gallon water storage tank, and interim 8 milled gallon a day (8 MGD) package water treatment plant in the Ci" southeast area until a larger, regional plant could be constructed. The amended amount relative to improvements for the Jefferson Canal is $431,030, bringing the total SRF Loan amount to $1,968 136 Approval of the Reimbursement Agreement between the City and District will provide for the design and destruction of improvements along the Jefferson Canal in meeting California Department of Public Health (CDPH) requirements for operation of the Interim water treatment plant. BACKGROUND During 1996, Congress adopted amendments to the federal Safe Drinking Water Act (BONA) that included grants to States to establish a Slate Revolving Fund LowInterestLoan (SRF Loan) program. The program goals reflect both federal and state legislative intent to provide funding to. cenect Public Water System (PWS) deficiencies based upon a pnordized funding system. The City of Fresno was Invited to submit application for these low-interest loans. In order to redirect available revenue to other critical capital improvement projects, Council authorized application to the CDPH for an SRF Loan of $1.100.000 at 2.29 percent interest through Resolution 2005466 (October 25, 2005). and upon review by the Department of Water Resources (Di and CDPH, the application was found eligible for funding. On September B. 2006, the State Department of Water REPORT TO THE CITY COUNCIL Reimbursement Agreement with the Fresno Irrigator District for Improvements to the Jefferson Canal September 20. 2009 Paget Resources (DWR) issued a Notice of Application Acceptance (NOAH) and due to escalating construction cosh, revised the authorized loan amount to $1.537 10 On October 3, 2008, Council adopted Resolution 20051 and authorized the Director of Public Utilities to negotiate and sign the loan funding agreement. On November 15. 2004, the City entered into an interagency construction agreement with the District which included among other action Items. improvements to the durable levee along the Enterprise Canal and Possible Contaminant Removal Action Plan which includes removal of un -authored tail -water, back -wash, and non -operational discharge pipes within the canal, containment of chemical tanks along the canal, pasture tanclng and animal crossings (to minimize potential animal contamination), and removal df debris along the canal. Due to rapid area development in southeast Fresno, poor local groundwater conditions, and anticipated limel'mes in completion of a second regional surface water Vestment plant, the Water Division (Division) has conditioned Tentative Tract Map No. 5427 by Lennar Fresno Inc. (Lennar). Thereafter, Lennar entered into a Development Agreement (Agreement) with the City for construction of a 3 million gallon water storage lank and interim 8 million gallons per day (8 MGD) package water treatment plant (T-3 Facility). Since, Lennar has acquired approximately 3.5 some along Dakota Avenue between Armstrong and Temperance Avenues for the T-3 Facility The Jefferson Canal will convey diverted surface waters from the Enterprise Canal for treatment at the T-3 Fai in meeting peakarea domestic water demand and fire flow requirements. The Jefferson Canal is an open-ddch canal which Initializes just north of berstow Avenue at the Enterprise Canal, and proceeds to the corner of Dei and Shaw Avenues where It then flows Into existing pipelines, Two of these pipelines (the Gunn No. 385 and Brawn No. 113) are within proximity of the T-3 Facility and will serve as the conveyance system for source waters from the Jefferson Canal to the site. The design and construction of Improvements to the open -ditch portion of the Jefferson Canal Would provide source water protection measures similar to those for the Enberl Canal. Therefore, prior to signature. of the Si Loan fending agreement, an Amendment was Presented to, and approved by the CDPH and DAR for funding under SHE Loan under Application Number 1010007-011 On July 29, 2008, Council authorized Amending Resolution 201 which provides for additional improvements to be made along the Jefferson Canal (Phase II). The total original amount relative to the Enterprise Canal (Phase 1) remains at $1,537,106. This SRF Loan amendment provided for an additional $431,030 relative to the design and constructed of improvements along the Jefferson Canal for a total SRF Loan amount of $1,968.136. The effective date of the approved funding agreement is September 12, 2008. wild all Work (Enterprise and Jefferson Canals) to be completed by May 3, 2011. The overall SHE Loan under Application Number 101000 11, will reimburse the District for the design and construction of improvements along the Jefferson Canal (Phase II), a significant portion of the Water Enterprise Fund for capital costs already expended to date, and remaining uncompleted tasks for the Enterprise Canal (Phase I —Construction Agreement Amendment dated June 25, 2009) authorized under this loan In meeting regulatory recommendations for permits In operation of all surface Water treatment fa0ilities. The original Enterprise Canal Interagency Construction Agreement was previously budgeted and has been partially constructed as a part of the Division s mufti year Capdal Improvements Program. REPORT TO THE CITY COUNCIL Reim Wreemenl Agreement with the Fresno Irrigation District for Improvements to the Jefferson Canal September 20, 2009 Page 3 reimbursement agreement will provide an avenue for completion of improvements along the Jefferson El (Phase II) in m area ng COPH regulatory requirements and continued progress in providing customers a and reliable water source. Agreement has been approved to form by the City Attorneys Office. FY20o9 Amended Budget includes Ne appropriation in the Water Enterprise Fund for this project. anues from the SRF Loan will be used to reimburse all costs. Repayment of the loan will be made from Neter Enterprise Fund No increases for water service charges are required as the debt service payments Included in the adoption of the Water Rate Plan in 2013.