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.
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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
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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
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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.
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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.
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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'
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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
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TYPE OF CGMgACT
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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
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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.