HomeMy WebLinkAboutUpper Kings Basin Integrated Regional Water Mgmt Authority - Prop. 84 Water Meters - 2013ı
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PROPOSITION 84 SUB-GRANTEE AGREEMENT
THIS AGREEMENT is made effective as of August22,20l3 by and between (i) the
Upper Kings Basin Integrated Regional V/ater Management Authority (the "Authority,;) and (ii)
the City of Fresno ("Sub-Grantee"), with respect to the following facis and circumstances:
A. The Authority has obtained or will obtain Proposition 84 grant funding from the
California Department of Water Resources ("DWR") in the maximum amount of $8,ã96,000
under the terms of that certain Grant Agreement by and between the Authority and D'WR, as it
may be amended from time to time, a copy of which is attached hereto as Exhibit A (the *Grant
Agreement"). Sub-Grantee is thoroughly familiar with the Grant Agreement, including without
limitation all exhibits thereto.
B. The funds provided under the Grant Agreement are for the purpose of
implementing components of the Upper Kings Basin Integrated Regional WaÈr Management
Plan (the "IRWMP").
C. One component of the IRWMP is the Sub-Grantee's City of Fresno Residential
Water Meter Installation Project (Area VI & VII), which is described on Exhibit A to the Grant
Agreement (the "Project). The Grant Agreement contemplates that approximately $1,435,64I.00
of the available grant funds (the "Grant Funds") will be disbursed to ıi for the benefit of Sub-
Grantee as a "Local Project sponsor" for implementation of the project.
D. Sub-Grantee has evaluated the environmental impacts of the Projectunder the
California Environmental Quality Act pursuant to an April 28,211çNegative Declaration of
Environmental Assessment, State Clearinghouse No. 2008051008, adopied by Sub-Grantee on
Jane24,2008.
E. Because Sub-Grantee is not aparty to the Grant Agreement, the parties desire to
establish terms and conditions for Sub-Grantee's use of the Grant Funds and its role as a Local
Project Sponsor for the Project under the Grant Agreement.
THEREFORE, in consideration of the mutual terms and conditions contained herein, the
parties agree as follows:
1. Grant Funds. Sub-Grantee hereby agrees to be the Local Project Sponsor (as
defined in the Grant Agreement) for the Project, and the Authority shall so ãesignate Sub-
Grantee to DV/R. The Authority shall make the Grant Funds arruilabl. to Sub-Grantee, as such
funds are made available to the Authority from DV/R, under the terms and subject to the
conditions of the Grant Agreement and this Agreement.
2. Sub-Grantee to Perform Certain Obligations.
(a) The terms of the Grant Agreement are hereby incorporated within this
Agreement. The parties acknowledge that the Authority's role is solely to consolidate items for
review, reporting and invoicing, as well as to coordinate with the DV/R pursuant to the Grant
Agreement and that Sub-Grantee is to be responsible for all other aspecti of performance of and
52 I 54.008/5ub-Grantee Agreemenr 08- l4- l3
compliance with the Grant Agreement in connection with the Project. Sub-Grantee shall fi.lrtherperform all obligations of the Local Project Sponsor for the Project under the Grant Agreement.
( ment that imposes any duty orobligation on th project shall^be deemed to applyto, and be an ob s,'). Except as expresslyprovided in this ry agrees to be bound by, pårform and be solelyresponsible for compliance with all the Project Obligations. Any prorrisiäns of the Grant
Agreement that do not apply to the Project shall not be considetã¿ tn" project Obligations.
(c) Sub-Grantee shall be responsible to develop and submit to the Authorityall necessary information and documents described in the Grant Ágreement at least 15 days piior
to the time that the Authority is required to submit such items to DV/R. Sub-Grantee shall alsobe responsible for any compliance requirements relating to the Project. If Sub-Grantee fails totimely submit any such information and documents, (i)ìt shall be áeemed a material breach ofthis Agreement that shall allow the Authority to suspend its performance hereunder and tootherwise invoke Section l1 of this Agreement analii; Sub-Grantee shall submit suchinformation and documents within thirty days of a written demand from the Authority.
(d) Subject to Section 2( and without limiting the breadthof the Project Obligations to be undertaken _Grantee shall be re$onsible toperform the various tasks more particularly A to the Grant Agreement
insofar as they relate to the Project within the time frames specified in Exhibit B to the GrantAgreement and in accordance with the applicable Budget set forth in Exhibit C to the GrantAgreement.
(e) Sub-Grantee shall comply with all applicable labor requirements withrespect to the Project. The parties acknowle theAuthority nor Sub-Grantee has an approved
Program. Accordingly, this Agreement and part
upon (i) utilization at Sub-Grantee,s expense of
andlor contracted for by the Authority or Sub_
Labor Code Secti on I77L 5(b), on terms
Program in accordance with the requirements of
gram, in accordance with the requirements of
the Authority and all such sub_grantees, or
I Relations that the requirements of Labor
ent. Any and all such costs incurred for the
aîtee, subject to annually allocated and
Grant Funds in the Sub-Grantee,s discretion to
52 I 54.008/Sub-Grantee Agreement 08- l4- I 3
(Ð The Authority's obligations under this Agreement are conditioned on Sub-Grantee's adoption of, and agreement to be bound by and "o-ply with, any amendments of the
IRV/MP duly adopted by the Authority subsequent to the dateãf this Agrelment. V/ithoutlimiting the foregoing, Sub-Grantee understands that as of the date of this Agreement theAuthority has amended the IRV/MP to be compliant with the IRV/M prograir Guidelines datedAugust 2010 adopted by DV/R in order for the IRV/MP to comply with pioposition 84 and
recent changes to California'Water Code. The failure by Sub-Gràntee to timely adopt the
amended IRWMP shall be deemed a material breach of this Agreement by Sub-Grantee that shallpermit the Authority to suspend its performance hereunde. uttd to otherwise invoke Section l1 ofthis Agreement.
3. Communication with DWR bv Sub-Grantee. Notwithstanding any otherprovision of materials or other deliverables, and all comrãunications, relatingto the Projec or Grant Funds to be provided by Sub-Grantee to DWR shall beprovided by Authority, whicl will in turn provide them to DwR.
4. Land Acquisition Requirements. Sub-Grantee's acquisition of any real property
for the Project is subject to the applicable requirements set forth inìhe Grant Agreement.
5. Disbursement of Grant Funds.
(a) In order tò receive disbursement of Grant Funds, Sub-Grantee shall submitto the Authority invoices for eligible expenses in a form required by the Authority. Supporting
documentation as described in the Grant Agree nent shall accompany each invoice. Such
documentation required by this Section 5 shall be sent to:
Kings River Conservation District
4886 East Jensen Ave
Fresno, CA93725
Attn: Mr. Eric Osterling
Facsimile No.: 559-237 -5560
Email Address: eosterling@krcd.org
or such other address as the Authority may provide.
(b) t dis I such costhas been incurred an due e. All GrantFund disbursements be p s and vendorswithin 30 days from receipt of the funds by Sub-Grantãe from the Authority subject to resolvinjany dispute or issue ofcontention between Sub- irantee and affected contráctors, subcontractorsor vendors. In the event that Sub-Grantee fails to disburse Grant Funds to contractors or vendors
s modified or set forth above, sub-Grantee shall immediatelyrity. In such event, interest shall accrue on such funds fromihe
DwR to the Authority through the date of mailing of such fundsto the DWR by the Authority, which the Authority shall doãs soon as it feasibly can after the
52 I 54.008/5ub-Grantee Agreement 08- l4- l3
Authority receives such funds from Sub-Grantee. In addition, if Sub-Grantee held such funds in
interest-bearing accounts, any and all interest earned on the funds shall be due and payable to theAuthority. Sub-Grantee shall indemnif,i, defend and hold harmless the Indemnifieå parties (as
defined below) from and against any and all judgments, losses, claims, damages or liabilities,joint or several, to which the Indemnified Parties may become subject whichielate to or arise outof Sub-Grantee's failure to immediately return any funds as required by this Section 5. For the
pri{poses of Sections 5 and 10 of this Agreement, the "Indemnified Parties" shall be (i) the
Authority and its officers, directors and employees and (ii) the Kings River Conservation District
and its officets, directors and employees insofar as they perform ,"rvi.es relating to theAuthority. No other party shall be an "Indemnified Party" for purposes of this Agreement.
(c) Notwithstanding any other provision of this Agreement, no disbursement
shall be required to be made by the Authority at any time or in any -ã*., which is in violationof, or in conflict with, federal or state laws, rules, or regulations, ór which may require any
rebates to the Federal or State government, or any loss òf tax-free status on státe bãnds, pursuant
to any Federal or State statute or regulation.
6. Budget Detail and Reporting. Sub-Grantee shall be responsible to comply withall budget detail and reporting provisions of the Grant Agreement, to the extent such provisions
constitute the Project Obligations. All such information shall be in the form required by and
shall include such supporting documentation as may be required by DWR.
7. Grantee Costs. The reasonable costs of the Project are estimated to be
$6,815,000. Sub-Grantee agrees to fund the difference between the estimate of the project cost
and the Grant Funds from available funds. Sub-Grantee's cost share is estimated to be
55,379,390. If match funds are required for the Project, Sub-Grantee shall provide the Authority
evidence that match funds have been expended rrior to submittal of a requËst for Grant Fund
reimbursement. Sub-Grantee agrees that it will provide for payment of its full share of the
Project costs and that all costs connected with the Project *itt b" paid on a timely basis.
8. Authorit)'Costs. The Authority shall delivery a monthly invoice to Sub-Granteefor the Authority's reasonable costs for time and materials expended by the Authority or its
agents in connection with the administration of this Agreement and the Grant Agreement insofar
as it relates to the Project. Such costs shall include without limitation the Authoiity's reasonable
costs of developing and complying with this Agreement. Sub-Grantee shall pay all such invoiceswithin 30 days of receipt. Sub-Grantee may, at its election, either (i) submitìhose invoices toDWR (through the Authority) as expenses to be reimbursed with Grant Funds or (ii) treat
amounts paid on those invoices as a portion of Sub-Grantee's cost share for the project.
9. General Conditions. Sub-Grantee shall comply with all standard conditions andrequirements set forth at Exhibits D and of the Grant Agreement to the extent they apply to theProject, and shall not fail to take any action that would result in a breach of such standard
conditions or requirements.
10. Indemnification. The parties agree that review or approval of the project
applications, documents, permits, plans and specifications, or other the project information by
52 I 54.008/5ub-Grantee Agreemenr 08- l4-13
DV/R and/or the Authority is for administrative purposes only and does not relieve Sub-Grantee
of its responsibility to properly plan, design, construct, operate, maintain, implement, or
otherwise carry out the Project. To the fullest extent permitted by law, Sub-Grantee agrees to
indemniff, defend and hold harmless each Indemnified Party against any loss or liability arising
out of any claim or action brought against an Indemnified Party from and against any and all
losses, claims, damages, liabilities or expenses, of every conceivable kind, ıharacter and nature
whatsoever arising out of, resulting from, or in any way connected with (i) the Project or the
conditions, occupancy, use, possession, conduct or management of, work done in ór about, or the
planning, design, acquisition, installation or construction, of the Project, any component or any
part thereof, (ii) the carrying out of any of the transactions contemplated by this Agreement oi
any related document, (iii) any violation of any applicable law, rule or regulation, any
environmental law (including, without limitation, the Federal Comprehensive Environmental
Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the
Califomia Hazardous Substance Account Act, the Federal Water Pollution Control Act, the
Clean Air Act, the CaliforniaHazardous Waste Control Law and California Water Code $
13304, and any successors to said laws), rule or regulation or the release of any toxic substance
on or near any component site, (iv) services, if any, provided by an Indemnified Party to Sub-
Grantee, except to the extent caused by the Indemnified Party's gross negligence or willful
misconduct, (v) Sub-Grantee's failure to comply with this Agreement in any way, (vi) any untrue
statement or alleged untrue statement of any material fact or omission or alleged omission to
state a material fact necessary to make the statements required to be stated therein, in light of the
circumstances under which they were made, not misleading with respect to any informátion
provided by Sub-Grantee for use in any disclosure document utilized in connection with any of
the transactions contemplated by this Agreement. To the fullest extent permitted by law, Sui-
Grantee agrees to pay and discharge any judgment or award entered or made against an
Indemnified Party with respect to any such claim or action, and any settlement, compromise, or
other voluntary resolution. The provisions of this Section 10 shall survive the term of this
Agreement.
11. Defaults bv Sub-Grantee. In the event of a default by Sub-Grantee under this
Agreement, the Authority may suspend performance of any or all of its obligations under this
Agreement. If such default is not cured within thirty days of written notice of default provided
by the Authority to Sub-Grantee, the Authority may terminate this Agreement and Sub-Grantee,s
access to Grant Funds without any liability whatsoever to the Authority.
12' Representations and'Warranties. Sub-Grantee hereby makes all of the
representations and warranties contained in the Grant Agreement, for the benefit of the
Authority.
13. Required State Disclosure. Funding for the Project has been provided in full or in
part through an agreement with the DWR. The contents of this document dó not necessarily
reflect the views and policies of the DWR, nor does mention of trade names or commercial
products constitute endorsement or recommendation for use.
14. Further Assurances. From time to time and at any time after the execution and
delivery hereof, each of the parties, at its own expense, shall execute, acknowledge and deliver
52 I 54.008/5ub-Grantee Agreement 08- l4- l3
any further instruments, documents and other assurances reasonably requested by the other party,
and shall take any other action consistent with the terms of this Agreement thatmay."urorrábly-
be requested by the other party, to evidence or carry out the intent of this Agreement.
15. Compliance with Grant Aereement.
(a) Notwithstanding any other provision of this Agreement, Sub-Grantee shall
not take any action or fail to take any action that would result in a breach by the Authority under
the Grant Agreement. Sub-Grantee shall be solely responsible for all costs incurred by the
Authority of any kind as a result of a breach of the Grant Agreement to the extent such breach
resulted from the action or in action of Sub-Grantee.
(b) The parties understand that amendments to the Grant Agreement may be
proposed from time to time by either the DWR or the Authority, and nothing in this Agreement
shall be interpreted to prohibit such amendments. However, any proposed amendment to the
Grant Agreement shall be provided to Sub-Grantee for comment not less than 15 days before it is
executed by the Authority. If a proposed amendment would impose no additional oúHgations on
Sub-Grantee if it became a part of the Grant Agreement, or if the Authority is requiredlo execute
such amendment in order to maintain the Grant Agreement in full effect, after suıh ls-day
period it may be executed by the Authority and upon such amendment becoming effectivé it
shall be deemed to be a part of the Grant Agreement for all purposes under this Agreement. If a
proposed amendment would impose additional obligations on Sub-Grantee if it became a part of
the Grant Agreement, unless the Authority is required to execute such amendment in ordei to
maintain the Grant Agreement in full effect, the Authority shall not execute it if Sub-Grantee
reasonably objects to such execution during the 15-day comment period. If Sub-Grantee does
not so reasonably object, or if Sub-Grantee subsequently confirms in writing that it consents to
the amendment, the Authority may thereafter execute such amendment and upon such
amendment becoming effective it shall be deemed to be a part of the Grant Agreement for all
pu{poses under this Agreement.
16. Time and Computation of Time. Time is of the essence of this Agreement and
each and all of its provisions. The parties agree that the time for performance of any action
permitted or required under this Agreement shall be computed as if such action were ..an act
provided by law" within the meaning of California Civil Code Sectionlg, which provides: ..The
time in which any actprovided by law to be done is computed by excluding the drst day and
including the last, unless the last day is a holiday, and then it is also excludãd.',
17. Effect ofHeadingq. The subject headings ofthe paragraphs and subparagraphs of
this Agreement are included for purposes of convenience only ãn¿ str¿j not affect the
construction or interpretation of any of its provisions.
18. Entire Asreement. This Agreement constitutes the entire agreement between the
parties pertaining to the subject matter contained in it and supersedes all piior and
contemporaneous agreements, representations, and understandings of the parties. No supplement,
modification, or amendment of this Agreement shall be binding unless exåcuted in writing by all
of the parties hereto.
52 I 54.008/Sub-Grantee Agreement 08- l4- l3
19. Waiver. Waiver of any breach of this Agreement by any party hereto shall not
constitute a continuing waiver or a waiver of any breach of the same or another provision of this
Agreement.
20. Counterparts: Fax and Email Signatures. This Agreement may be executed in any
number of counterparts and each such counterpart shall be deemed to be an original instrument,
all of which together shall constitute one and the same instrument. Facsimile and electronic mail
signature pages shall constitute originals.
21. Assignment: Binding Effect. Neither party shall assign any interest in this
Agreement without the express written consent of the other party. This Agreement shall be
binding upon and inure to the benefit of the heirs, executors, administrators, assigns, and
successors of the parties hereto.
22. Interpretation. It is agreed and acknowledged by the parties that this Agreement
has been arrived at through negotiation, and that each party has had a full and fair oppórtunity to
revise the terms of this Agreement. Consequently, the normal rule of construction thatany
ambiguities are to be resolved against the drafting party shall not apply in construing or
interpreting this Agreement.
23. Professionals' Fees. Should any action or proceeding be commenced between the
parties hereto conceming this Agreement, or the rights and duties of any party in relation thereto,
the party prevailing in such action or proceeding shall be entitled, in addition to such other relief
as may be granted, to recover from the losing party areasonable sum for its attorneys',
paralegals', accountants', and other professional fees and costs incurred in connection with such
action or proceeding.
24. Governing Law. This Agreement shall be governed by the laws of the State of
Califomia.
25. Construction. All words used in this Agreement shall be construed to include the
plural as well as the singular number and vice versa. Words used herein in the present tense shall
include the future as well as the present, and words used in the masculine gendèr shall include
the feminine and neuter genders.
26. Parties in Interest. Nothing in this Agreement, whether expressed or implied, is
intended to confer any rights or remedies on any persons other than the parties hereto and their
respective successors and assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third person to any party to this Agreement, nor shall
any provision give any third person any right of subrogation or action over and against any party
to this Agreement.
27. Survival. Each of the terms, provisions, representations, warranties, and
covenants of the parties shall be continuous and shall survive the closing or other consummation
of the transactions contemplated in this Agreement.
28. Notices. All notices and other communications required under this Agreement
7
52 I 54.008/Sub-Grantee Agreement 08- I 4- I 3
shall be in writing and shall be deemed to have been duly given (i) on the date of service, if
served personally on the person to whom notice is to be given, (ii) on the date of service if sent
by facsimile or email transmission, provided the original is concurrently sent by first class mail,
and provided that notices received by facsimile or email transmission after 5:00 p.m. shall be
deemed given on the next business day, (iii) on the next business day after deposit with a
recognized overnight delivery service, or (iv) or on the third (3rd) day after mailing, if mailed to
the party to whom notice is to be given by first class mail, registered or certified, postage-
prepaid, and properly addressed as follows:
To the Authority: c/o Kings River Conservation District
4886 East Jensen Ave
Fresno, CA93725
Attn: Mr. David Orth
Facsimile No. : 559-237 -5560
Email Address: dorth@krcd,org
To Sub-Grantee: City of Fresno Department of Public Utilities
1910 E. University Avenue
Fresno, CA93703
Attn: Mr. Brock D. Buche
A party may change its address for notices by providing notice to the other parties as provided
above.
52 I 54.008/Sub-Grantee Agreement 08- l4- l3
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
the date first above written.
..AUTHORITY"
Upper Kings Basin Integrated Regional Water
Management Authority
"Sub-Grantee"
City of Fresno,
a municipal corporation
Patrick N. V/iemiller, Director
Department of Public Utilities
ATTEST:
YVONNE SPENCE, CMC
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
City Clerk
randon M. Collet, Deputy
9
52 I 54.008/Sub-Grantee Agreement 08- l4- l3
Exhibit A
Grant Agreement
GRANTAGREEMENI BEnflEEN rHE STAÏE OF CAUFORNTA (DEPARTMENT OF WATER RESOURCES) AND
UPPER KINGS BASIN INTEGRATED REGIONAT WAÎER MANAGEMENT AUTHORIIY
AGREEMENT NUMBER ¿160000?71 3
INIEGRATED REGIONAI WATER MANAGEMENÌ (lRWI ) li.tPtEMENTAllON GRANIS
cAuFoRNtA PUBUC RESOURCES CODE S75026 ErSEa.
THIS AGREEMENTis entered into by ond between the Deportment of Wqter Resources of the Slote of Colifomio,
herein refened to os lhe "Slote" ond the Upper Kings Bosin lntegroled Regionol Woter Monogement Authorily, ojoinl powers outhority. in lhe Counfies of Fresno, Kings, qnd Tulqre, Slote of Coliforniq, duly orgonized, existing,
ond ocling pursuonl to lhe lows thereof. herein referred to os the "Gronlee", which portîes do hereby ogree os
follows:
L PURPOSE. Slole sholl provide o gronf from lhe Sofe Drinking Woter. Woler Quolity ond Supply, Flood Conlrol,
River ond Cooslol Protection Bond Acl of 200ó to Grontee to osslsl in finoncing projects ossocioled wilh the
Upper Kings Bosin lntegroled Regionol Wqter Monogement (IRWM) Plon pursuont to ChopÌerB
{commencing with Seclion 79560)of Dívision 26.5 oT the Colifornio Woter Code (CWC), hereínofler
colleciively refened to os "IRWM Progrom."
2. TERM OF GRANT AGREEMENT. The term of lhis Gront Agreemenl begins on lhe dote this Gront Agreement is
execuled by Stote, ond lerminotes on Mqrch 31, 201 5 or when oll of the Porties' obligotions under this Gronl
Agreement ore fully sqtisf¡ed, whichever occurs eorlier. Execulion dote is the dole lhe Stqte signs lhis Gronl
Agreemenl indicoted on poge 8.
3. GRANT AMOUNT. The moximum omount poyoble by Stote under this Grqnl Agreement sholl nof exceed
$8,49ó,000. Of this gronf omount. not less lhon $25ó,090 sholl be expended lo projecfs thot benefit the
criticolwotersupply orwoter quolily needs of disqdvonloged communiÌies (DAC) in the IRWM effort
funded by this Gronl Agreement. Of the lotol gronl omount, not less lhqn $ì,435,ó10 sholl be expended to
urbon ond ogriculturql woter conservotion projects in lhe IRWM effort funded by lhis Gront Agreement,
4. GRANTEE COST SHARE. The reosonoble cosls for lhis Agreement ore eslimqled lo be gt 5,3l6,3g0,
Gronlee sholl provide o Grontee Cost Shqre (Funding Molch) in the omounl of ol leosl25% (unless o
Disodvonloged Community project woiver is gronted) of lhe lotol projecl cost. GronÍee's Funding Molch is
estimoted to be $ó,820,390. Grqntee's Funding Motch moy include cost shore performed ofterSeplember
30.2008.
5. GRANTEE'S RESPONSIBILITY. Gronlee sholl fqithfully ond expediliously perform or couse to be performed qll
proiecl work os described in Exhibit A (Work Plon) ond in occordonce wíth Projecl Exhibit B (Schedule) ond
Exhibit C {Budget). Gronlee sholl comply wÍth oll of lhe terms ond conditions of lhis Gront Agreement ond. opplicoble Colifornio Public Resources Code (PRC) requirements.
6. LOCAL PROJECT SPONSOR'S RESPONSIBILITY. Gronlee sholl ossign Locol Project Sponsors to qcl on beholf of
Grontee for the purposes of individuol project monogement, oversighl, complionce, qnd operotions ond
mointenonce. Locol Prolect Sponsors sholl be ossîgned in qccordqnce with lhe porticípoting ogencies
idenlified in the Upper Kings Bosin IRWM Authorily IRWM lmplementofion gront opplicotion. Exhibit F
identifies Locol Project Sponsors. Locol Project Sponsors sholl olso qcl on beholf of Gronlee ín lhe fulfillmenT
of Grontee responsibilities where specificolly specified in lhis Groni Agreemenl.
7. BASIC CONDITIONIS. Slole shqll hove no obligolion to disburse money for o project under fh's Gronl
Agreemenl unless ond until Grontee hos sotisfied the following condilions in occordqnce wilh fhe Sofe
Drinking Woler, WoÍer Quolity ond Supply, Flood Confrol, River ond Cooslol Profeclion Bond Act ol20O6-o) By signing This Gront Agreement, Gronfee demonslroles lhe designoted Locol Project Sponsors for eqch
project ore owore of ond comply wilh the provisions of lhe Gronl Agreement between Stqte ond
Gronfee.
b) Grontee demonslrotes the ovoilobility of sufficient funds lo complefe lhe project, os stoled in lhe Gronl
Aword/Commitmenl Letter, by submilting the most recenl3 yeors of oudited finonciol stolements.c) Grontee complies wilh PRC $75102 to notify the Colifornio Notive Americon tribe (which is on the
contoct list moíntoined by the Notive Americon Heritoge Commission) of Projeci Construction if thof
lribe hos trodílionsllonds locoled within lhe oreo of lhe Project.
8.
Grant Agreement No. 46000097 I 3
Page 2 of 14
d) For groundwoter mqn for pro,iects with polentiolgroundwoter
impocls, the Grontee he groúndwoter äomplionðe oplions sel
lorth on poge t5 of th ugust ZOìO.e) For fhe lerm of lhis Gronl Agreemenl, Gronlee submils timelreuorterly progress Reports os required byPorogroph l Z, "Submission of Reporls.,'f) Gronfee submÎts olldeliverqbles os specitied in lhis Porogroph of lhis Gront Agreement ond Work plon inExh¡bit A.
g) Since the Grqntee's.lRWM region (region) receives woler sr"rpplied from lhe Sqcromento-Son JooquinDelto (Delto), lhen the region's IRWM Plqn (existing or ony future updote) must nãlp reducedependence on lhe Dello for woter supplyh) For -eoch
project, prior lo the commencemenl of conslruction or irnplementotion oclivities, Grqnleeshollsubmil to lhe Stole lhe following:
I ) Finol plons ond specificclions certifi_e9.Þy " Colifornio Registered Civil Engineer os to complionce foreoch opproved project os l'lsted in Exhibit A of this Gront Ãgreement.2) work thol is subjecl lo lhe colifomio Environmenlol Quolity-Act (cEaA) ond or environmentolpermiifing shqll not proceed under this Gront Agreemenl unlil lhe following octions ore performed:í. Grontee submits ollopplÎcoble environmentolpermils os indicoled-on The EnvironmenlollnformotÌon Form lo lhe Stote,ii. Documenls thot sotisfy the CEQA process qre received by lhe Stote.iii. Stote hos completed ¡ts CEQA complionce review os o Responsible Agency, ondiv' Grontee receives written concurrence from lhe Stote of Leod Agency-t C¡O¡ document(s)ond Stote nolíce of verificotion of environmentol permil submittã¡.
Stqle's concurrence.of Leod Agency's CEQA documenti is fully discretionory ond sholl conslitute ocondilion precedent.to ony work {ex. conslruciion or implementqtion octivities) for which il isrequired. Therefore, the Grontee should gel concunence from DWR on cEeA before beginning onyof the work thot is subjecl to CEQA. once CEQA documentotion hos been compteteo, slole ù¡¡lconsider the environmenlol documents qnd decide whether to continue to fund the project or tòrequire chonges, olterolions or other mitigolion. Gronlee must olso demonslrqÌe tnot it fios compliedwith qllopplicoblê requirements of lhe Notîonol Environmenlolpolicy Act by submilting copies ot
rimentol impocl slotemenls, Finding of No
rqms, ond environmentolpermits os mqy be requíred
n.
menÌ o moniloring pfon os required by porogroph 22,
DISBURSEMENT OF.GRANI Ft¿NDS. Following the reviewof eoch invoice, Stofe witt disburse to Grontee theomount opproved, subjecl lo the ovoilobility.of fund! lhrough normotstote piocesses. Notwifhsiánoinöãnvolher provisíon of fhis Gront Agreement. no disbursement sfiãll Oe required of ony fimá or in ony monné'which is in viololíon of, or in conflict wilh, federol or slcrte lqws, rules, or regulotioni, or which moy require onyreboles lo lhe federol govemmenf, or ony loss of tox-free stolus on siote-bonds, puÀuánt lo ony fedêrdstolute or regulotion. For eoch proiecf, funds will be disbursed by Slote in responie to eoch opfrovedinvoice in occordonce wilh the Exhibit C. Any ond oll rnoney disbursed to Grontee under this GronlAgreemeni ond ony ond oll interesf eorned by Gronlee on such money sholl be useo sotety io páy-r[gible
Cosfs.
ELIGIBLE PROJECT coSr. Gronlee sholl opply Stote tunds received only lo eligible projecl Costs inoccordcnce wílh opplicoble provisions of the lqw ond Exh¡bit C. Eligibíe projãct cosliinclude lhe reosonobtecosts of sfudies, engineerÍng, design, tqnd ond eosemenl ocqulsilioñ, legol fêes, preporotion ofenvironmentq
performed oft foo,.odminislrolive
preporotion. plonning, coordinotion, conslruclion, ocq project
ReÍmbursoble odminislrotive expenses ore the necesso direcfly relofed to the projectincludíng the portion of overheod ond odmínisfrotive e y relofed to lhe projecisincluded ín lhis Agreement in occordonce wifh fhe sto tices of the Gronfee.
o
Grant Agreement No. 46000097 I 3
Page 3 of44
Advonced funds will nol be provided. Cosls thot ore not reîmbursoble with gronl funds connol be counied
qs cost shqre. Costs lhol ore nol eligible for reimbursemenl include bul ore nol limited to:o) Cosls, olher lhqn lhose noted obove, incuned prior to lhe oword dote of the Gront.b) Operotion ond mointenqnce cosls, including posi conslruction performonce ond monitoring cosls,c) Purchose of equipmenl nol on inlegrol port of o projecl.
d) Estoblishing o reserve fund.
e) Purchose of woter supply.f) Monitoring ond ossessmenl costs for efforls required ofter project conslruction is complete.g) Replocement of exisling funding sources for ongoing progroms.
h) Trovel ond per diem costs.i) Support of existíng ogency requirements ond mondoles (e.9. punitive regulotory ogency requirements).j) Purchose of lond in excess of lhe minimum required c¡creage necessory to operote os on inlegrol port
of o projecl, os set forlh ond detoiled by engineering ond feosibilily studies. or lond purchosed prior lo
the efteclive dofe of the gront owqrd with the Slqle.k) Poyment of principol or inlerest of existing indebledness or ony interesl poyments unless the debt is
incuned offer execulion of lhis Gront Agreement, the Stote ogrees in writing lo lhe eligibilily of lhe costs
for reimbursement before lhe debt is incuned, ond the purposes forwhich the debl is incurred ore
olherwise eligible cosls. However,lhis will only be ollowed os Gronlee cost shore (i.e. Funding Molch)l) Overheod noi directly reloled to project costs.
10. ÀAETHOD qF. PAYMENT. After the dísbursement requirements in Porogroph 7 "Bosic Condltions" ore met,
Stote will disburse the whole or portions of the Groni Amounf to Grontee, following receipl from Grontee of
on invoice for costs incuned, ond timely Quorterly Progress Reporls os required by Porogioph 'ì2,
"Submissíon of Reports."
lnvoices submitted by Grontee shollinclude the followíng informolion:o) Cosls [lcurrgÇ for work performed in implementing the IRWM Progrom or progrom controcts during theperiod idenlified in the porticulor invoice.
b) Costs incurred for any Ínleresis in reql property (lond or eosements) thot hove been necessorily
ocquired for o projecl during the period identified in the porticulor invoice for the conslrucfion,
operotion, or mointenonce of o projecl.
c) Appropriole receipls ond reports for ollcosts incuned.d) lnvoices sholl be submitted on forms provided by Stote qnd sholl meet the following formot
requiremenls:
ì ) lnvoices must conloin lhe dqle of ihe invoice, the fime period covered by the invoice, ond lhe lotql
omounl due.
2) lnvoices must be ilemized bosed on the colegories specified in lhe Exhibit C. The qmount cloimed
for solories/woges/consullont fees must include o cqlculoilon formuÉ (i.e., hours or doys worËed
limes the hourly or doily rote = ihe totol omount cloimed).3) Sufficient evídence (i.e., receipls, copies of checks, lime sheets) must be provided for oll cosls
included in the invoice.4) Eoch invoice sholl cleorly delineote those costs clqimed for reimbursement from lhe Stote's gronl
omounl, os depicled in Porogroph 3, "Gront Amount" ond fhose costs lhol represenl Gronlee's ond
Locol Project Sponsors' costs, os opplicoble, in Porogroph 4, "Gronlee Cost Shore."5) Originolsignolure ond dote (ín ink) of Gronlee's Project Monoger.
Poymenl will be mqde no more lhon monlhly, in orreors, upon receipl of qn invoice beoring the Gronf
Agreement number. Submit the originol ond lhree (3) copies of the invoice form to the following oddress:
Deporlmenf of Woler Resources
Simorjit Dhonoto
PO Box 942836
Socro mento, C A I 423 6-0001
Phone: (916)651-9250
Fox: (916) 651-9292
e-moil: sdhonoto@woler.co.gov
Grant Agreement No. 46000097 I 3
page 4 of44
lf Stote notif¡es Gronfee of its decision lo wilhhold lhe enÍire gront omount from Grontee pursuont to thisPorogroph' this Gronl Agreemenl sholl lerminor" ,pón råàãiþt ot sucrr noti.ã ov oronfee ond sho¡ no tongerbe blnding on eilher porly.
l2' coNTINUING ELIGIBILITY' Grontee musl meet lhe following ongoing requírements fo remoin eligíble toreceive Stote gronl funds:o) Timely odoplion of on IRWM Plon lhot meets the requirements contoined in port 2.2 of Division ó of the
ribed in Exhib¡t E under the heoding ,,Quorterry progress
ronl Agreemenl if ony of lhe following occur:
mendmenl lo it, or ony other ogreemènt
ntee's obligotions.
temenf with respecl to lhis Gront Agreerneni.
once wilh this Grqnl Agreemenf.
ront Agreement.
(LCp) requirements.
n porogroph t2, ,'Conlinuing Eligibilily.,,
or oll of the following:
t, which sholl be equol lo Stote of Cotifomio
me of the defoull.
ts to Grqntee.
prolect ils interesls.
15. p ¡ely responsible for desþn,e Upper Kings Bosín IRWM Authorifyp menls, or olher conslruclion
Grant Agreement No. 4600009713
Page 5 of 44
documents by Stole is solely for lhe purpose of proper qdministrotion of gront funds by Stote ond sholl not
be deemed to relíeve or restricl responsìbililìes of Gronlee ond Locol Projecl Sponsors under this Gront
Agreement.
I ó. GRANTEE REPRESENTATIONS. Grontee occepts ond ogrees to comply with oll terms, provisions, condilions,
ond wrilten commifments of lhis Gronl Agreement, including ollincorporoled documents, ond to fulfillollqssurqnces, decloroiions, represenlotions, ond slotemenfs mode by Gronlee in the opplicolion,
documents, omendmenls, ond communicotions filed in support of its requesl forSofe Drinking Wofer, Woler
Quolity ond Supply, Flood Control, River ond Cooslol Proteclion Bond Acl of 200ó finoncing. Gronlee
worronls lhqt oll Locol Projecl Sponsors will be conlrocluolly required to comply wilh This Gront Agreement
for lheir respective project or projects.
17. SUBMISSION OF REPORTS. The submittol ond opprovol of oll reporls is o requirement for lhe successful
completion of lhis Grqnt Agreement. Reports sholl meel generolly occepled professionolslondords for
technicql reporting ond sholl be proofreod for conlent, numericol occurocy, spelling, ond grommor prior fo
submillol to Stote. All reports sholl be submilted to the Stote's Project Monoger, ond sholl be submilted in
both eleclroníc ond hord copy forms. lf requested, Grontee sholl promptly provide ony oddilionol
informolion deemed necessory by Stote forthe opprovol of reports, Reporls sholl be presented in lhe
formols described in lhe opplicoble portion of Exhibit E. The timely submitlol of reports is o requiremenf for
initiol ond confinued disbursement of Stote funds. Submiltol ond subsequenl opprovol by the Stqte, of q
Pþecl Complefion Report for eqch project listed on ehib¡t A is o requirement for lhe releose of ony funds
retoined for such projecl.
. Quorterlv Prooress Reporls: Gronlee shqllsubmil Quorlerly Progress Reporls on o regulor qnd consistent
bosis to meet lhe Slole's requiremenl for disbursement of funds. Quorterly Progress Reports sholl be senf
vio e-moil, to the Slote's Proiect Monoger os specified in Exhibil B. Qr,rorterly Progress Reporls sholl
provide o brief descriplion of lhe work performed, Grontees octivifies, mileslones.ochieved, ony
occomplishmenls ond ony problems encountered in the performonce of the work under fhis Gront
Agreemenl during lhe reporting period.
o Proiecl Comoletion Reoorls: Grontee sholl prepore ond submit to Stole o seporole Project Completion
Report for eoch project included in Exhibil A. Grontee shqll submil o Project Completion Report wiihin
ninely (90) colendordoys of project complefion. Eoch Project Complelion Report sholl include o
descriplion of qctuolwork done, ony chonges or omendments to eoch project, ond o finol schedule
showing ocluol progress versus plonned progress. ond copies of ony finol documents or reports
generoled or uÌilized during o projecl. The Project Completion Report sholl olso include, if opplicoble,
, cerlificotion of finqf proj-ect by o registered civil qngineer, consistent Stondqrd Condition D-lS,"Finol
lnspeclions ond Cerlifícqtion of Regisfered Civíl Engineer." A DWR "Cerlificotion of Projecl Completion,'
form will be provided by the Stqte.
r Gront Completion Report: Upon complefion of oll projects included in Exhibit A, Grontee shqllsubmil to
Stote o Gront Completion Reporl. The Grqnt Complelion Report sholl be submitled within ninety (90)
colendor doys of submilting the Project Complelion Reporl for lhe finol projecf lo be compleled under
the Gronl Agreement. The Gronl Completion Reporl sholl ínclude reimbursement slqlus, o brief
description of eoch project completed, qnd how those projecls willfurlher the gools of the |RWM plqn
ond identify ony chonges lo lhe IRWM Plon, qs o result of projecl implemeniotion. Relention forthe lostprojeci to be compleled os port of this Gront Agreementwill not be disbursed unlilThe Gront
Completion Report is submitted to ond opproved by the Slote.
. Post-Performonce Reoorls: Grontee sholl submil o Post-Performonce Report for eoch project, posl-
Performonce Reports sholl be submitled to Stole within ninely (90) colendor doys ofter lhe first
operolionol yeor of o project hos elopsed. This record keeping ond reportíng process sholl be repeoted,
for eoch project, onnuolly for o lolol of i0 yeors ofterlhe completed project begins operolion.
l8' IRWM PROGRAM PERFORMANCE AND ASSURANCES. Gronlee ogrees to foilhfully ond expeditiousty perform
or couse lo be performed oll IRWM Progrom work qs described in the finol plons ond specificolions for eoch
projecl under this Gront AgreemenT ond implement the project in occordonce with opplicoble provísions
of fhe low. ln fhe event Slote fînds it necessory lo enforce lhis provision of this Gront Agreement in the
Grant Àgreement No. 4600009713
Page 6 of 44
monner provided by lgw.Grontee ogrees to poy oll cosls incuned by Stote including, bul not limiled to,reqso noble ottorneys' fees, legol expenses, ond cosls.
20. 19' LABOR COMPLIANCE. Grontee will b_e required lo keep informed of ond toke oll meqsures necessory loensure complionce with opplicoble Colifornio Lqbor Code requiremenls, including, bul nol limited to,Seclion 1720 el seq. of lhe Colifornio Lobor Code regording public works, limitotio-ns on úse of volunleerlobo Section t71}.4),lobor comptión ection1771 oiling woges for work done ondinclu e Deporlment of lnduslriqlRelot ion
1771.3.
2 t' OPERATION AND MAINTENANCE OF PROJECT. For lhe useful life of construction ond impfementotionprojecls on Grontee ogrees lo ensure or couse to beperformed of the projãcts, qnd shollensure or cquse lheprojects lo onner; ihoilensure oll repoirs, renewols, ondreplocemenfs necessory to lhe etficienl operotion of lhe some ore provided; ond itrqil ensure or couse thesome to be mointoined in os good ond efficient condifîon os upon its conslruclion, ordinory ondreosonoble weor ond depreciotion excepled. The Grqnlee shotl ensure lhot oll operolions ondmointenonce cosls of lhe focilities ond slruclures ore conlroctuolly ossumed by rhe oppropriote LocolProject Sponsors for their respeclive projecls; Stole sholl not be lioble for ony cóst of such mointenqnce,monogement, or operolion. Grqntee or Locol Project Sponsors moy be excused from operolions ondmoinlenonce only upon lhe wrillen opprovol of lhe Stqle's Projecl Monoger. For purposes of fhis GrontAgreement, "use during which on o cled to be usoblefor fhe purpose it emenled; ,,operol cuned for moleriolond lobor neede es, insuronce, ond once costs,,include ordinory repoirs ond replocemenfs of o recurring nolure necessory for copifol ossets qnd bosicslruclures ond lhe expenditure of funds necessory to reþloce or reconsfuðt copiiol ossets or bqsicslructures. Refusol of Grontee to ensure operofion and moinlenonce of the projects in occordonce wilh lhisprovision moy, ol the option of Slqte, be considered o breoch of this Gront Àgreement ond moy betreoled os defqull under porogroph 13, ',Defoult provisions."
22. STATEWIDE MONITORTNG REeUIREMENTS. Grontee sh
fhol include groundwoter monitoring requirements
Act of 2001 (Port 2.76 (commencing wifh Seclion lO
projects lhol offeci wotêr quolity shqll include o mo
inlo slotewide monitoring efforts, including where
Progrom conied out by the Slote Woler Resource
23' PROJECT MONITORING PLAN REQUIREMENTS. The Gront Agreement work plon should contoin oclivities todevelop ond submit lo Slole o monitoring plon for eoch project contoined in lhls Gronl Agreemenl.Moniioring plon con be for the enfire Proposol or on o per piojecl bosis. Along with ihe Ailochment óProjecl Perforrnonce Meosures Tobles requîrements ouflined on poge 2l of tñe proposilion g4 Round llmplementolion Proposolsolicitotion Pockoge, lhe Project À/lonit'oring plon should qlso ínclude:o) Boselineconditions.
b) Brief discussion of monitoring systems to be utilized.c) Methodology of monitodng.d) Frequency of moniloring.
e) Locofion of monitoring points,
A moniloring plon sholl be submitted to the Stofe prior to disbursement of gront funds for construcfion ormonÌtoring qcfivílies for eoch projecl ín this cront Agreement- See ExhibÍt ı ¡,'Requiremenls for DotoSubmillol") forweb link qnd informqtion regording otherSlofe monitoring oàO ootq reporling requírements.
24. NOTIFICATION OF STATE. For eoch projecÏ, Grontee sholl promptly nolify Stote , in w¡ting, of the followingitems:
o) Evenfs or proposed chonges lhqt could offecf lhe scope, budget, orwork performed underlhis GronlAgreement. Gronlee ogrees lhof no subslontiol chonge in theicope of o projecl w1 be undertoken
Gront Agreement No. 46000097 I 3
Pøge 7 of 44
unlilwritlen nol¡ce of lhe proposed chonge hos been provided to Stote ond Stote hos given willen
opprovol for such chonge. Subslontiol chonges generolly include chonges to lhe wording/scope of
work, schedule or term, ond budget. See Exhibit H for guidonce on Agreement Amendmenl
requirements.
b) Any public or medio evenl publ'rcizing lhe occomplishments ond/or results of this Gronl Agreemenl ond
provide the opporlunily for ottendonce ond porticipotion by Slote's represenlolives. Grontee sholl
moke such notiflcolion of leosl fourleen (14) colendor doys prior to lhe evenl.
c) Complelion of work on o project sholl include finol inspeclion of o projecl by o Registered Civil
Engineer, os determined ond required by Stole, ond in occordonce wilh Stondord Condilion D-15 (Finol
lnspecTions ond Certificolion of Registered Civil Engineer). Furthermore,lhe Grontee shollprovide the
Stote the opportunity to porlicipote in lhe inspeclion. Grqntee sholl moke such notificolion ol leosl
fourleen (.l4) colendor doys pdor lo lhe finol inspection.
24. NOTICES. Any notice, demond, requesl. consent, or opprovol thot eilher porty desires or is required to give
lo lhe other porly under lhis Gronl Agreement sholl be in writing. Notices moy be tronsmilted by ony of the
following meons: (i) by delivery in person; (ii) by certified U.S. moil, return receipl requested, postoge
prepoid; (íii) by "overnight" delivery service; provided lhot next-businessdoy delivery is requesled by the
sende[ or (iv) by eleclronic meons. Notices delivered in person willbe deemed effective immediotely on
receipt (or refusol of delivery or receipt). Nolices senl by cerlified moilwill be deemed efÍeclive given len
(10) colendor doys ofter lhe doie deposited with the U. S. PostolService. Nolices senl by overnight delivery
service will be deemed etfeclive one business doy ofler lhe dote deposited with lhe delivery service.
Notices sent electronicollywill be effeciive on.the dole of tronsmission, which is documenled in wdting.
Notices sholl be sent lo lhe below oddresses. Eilher porty moy, by wrilten notice to the olher, designote o
differenl oddress thot sholl be subslituled for lhe one below.
25. PERFORMANCE EVALUATION. Upon complelion of this Gronl Agreement, Gronlee's performonce will be
evqluoled by the Stqte ond o copy of the evoluolion will be ploced in lhe Stole file ond o copy sent lo lhe
Grqnlee.
2ó. PROJECT REPRESENTATIVES. The Gronlee hos qcknowledged quthorizoTion lo enter into o cosl shoring
portnership ogreement os documenled in Exhibil l. The Project Representotives during the term of this
Gront Agreement is os follows.
Deporlmenl of Woter Resources Upper Kings Bosin IRWM Authority
Poulo Londis Horry Armstrong
Chief. Division of IRWM Choirmon of lhe Boord
P.O. Box 942836 488ó Eost Jensen Ave
Socromenlo CA 9423ó{@l Fresno, CA93725
Phone: (916) 651-9220 Phone: (5591237-5567
e-moil: plondis@woter.co.gov e-moil: jocquiep@cityofclovis.com
Direct ollinquiries to the Project Monoger:
Deporlmenl of Woter Resources Upper Kings Bosin IRWM Aulhorify
Simofit Dhonolo Erlc Oslerling
Division of lnlegroled Regionol Kings River Conservofion Disldct
Woter Monogement 488ó Eost Jensen Ave
PO Box 942836 Fresno, CA93725
Socromenlo, CA94236-OOI Phone: (559) 237-5567 ext.l3S
Phone: (916)651-9250 e-moil: eoslefling@krcd.org
e-moil: sdhonoto@woter.co-gov
Eifher porÌy moy chonge ils Projecl Representolive or Projecl Monoger upon witlen nolice lo lhe other porty.
27. STANDARD PROVISIONS. The following *hibits ore ottoched ond mode o port of lhis Gronl Agreement by
lhis reference:
Exhib¡tA-Workplon
Exhibit B - Schedute
Exh¡b¡t C- Budgel
Exh¡bil D -Slondord Conditions
Exh¡bil E- Report Formots ond Requiremenls
Exhibil F- Locol project Sponsors
Exh¡b¡t G - Requiremenls for Doto Submitiol
Exhib¡l H - Guidelines for Gronlees
Exhibil l- Grqnlee Resolulion
lN wlTNEss WHEREOF, the porlies hereto hove executed lhis Gront Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
UPPER KINGS BASIN IRWM AUTHORITY
Granl Agreement No, 460000971 3
Page I of44
/ ,141rb*n-({-,
Division of lrftegroted Regionol Woter
Spghcer Kenner, Assislont Chief Counsel
ffice of Chief Counsel
ooø 1/¡lLu
Choirmon of lhe Boordx:i,%
Approved os lo LegolForm ond Sufficiency
oo¡u Q17( ltz-
Grant Agreement No. 46000097 I 3
Page 9 of44
EXHBlr A
WORK PTAN
Pno.r¡cr l: Cor.¡sot¡oATED IRR¡GAT¡oN DrsrRtcr Soutn AND HTcHTAND BAsIN
PRo.rrcr DescnlenoN
Consolidated lrrigation District (ClD) will construct a new groundwater banking facility for recharge and recovery. The facility will
include the construction of two recharge ponds on a 75-acre síte, along with two recovery wells, two monitoring wells, and two
diversion structures. CID will deliver excess and available surface water to the basin for recharge during winter and spring months
when water is available. Then during summer months, CID will pump the banked water using recovery wells ínto existing CID canals
for delívery to meet downstream irrigation demands. lt is anticipated that this project will provide as much as 7,000 acre-feet of
additional recharge capacity during a wet year.
TAsKS
TAST I: ADMINISIRATION AND REPORTING
This task covers the project administration work involved in the development of the project including meetings, Erant
administratíon, coordination with stakeholders, invoice preparat¡on and all reporting obligations in accordance with the
grant agreement. All reports shall follow the requirements listed in Exhibit E.
Upon execution of the grant agreement Progress Reports shall be submitted to DWR on a Quarterly basis.
This task also includes modification to the Monitoring, Assessment and Performance Measures (MAPM). Upon completion
of any needed revisions to the MAPM, it will be implemented and the efforts described within the MAPM will be
documented. The MAPM will serve as the Project Monitoring Plan.
Deliverables:
o Quarterly Progress Reports
r Monitoring, Assessment and Performance Measures
¡ lnvoices for Reimbursement
r Final Project Completion Report
Tnsr 2: l-ABoR CoMPLTANCE PRoGRAM
Grantee shall adopt and enforce a Labor Compliance Program (LCP) pursuant to California Labor Code 51771.5(b) and
applicable laws. At DWR's request, written evidence of compliance with the LCP will be submitted.
Deliverable:
¡ Evidence of LCP compliance
Tnsr 3: Laxo PuncunsE/EAsEMENT
The objective of this task ¡s to continue to pay the "option to purchase" agreement fees and ultimately purchase the subject
property.
Optíon to Purchase Agreemenl
Work to acquire the property (Fresno County Assessol's Number 345-020-521has been initiated with an Option to Purchase
Agreement dated April L,20!O between the landowner and ClD. The agreement requires CID to pay a monthly fee while
the Option to Purchase Agreement ¡s ín effect. Thís agreement was ín effect until September 2011 (18 months),
Grøt Agreement No. 4600009713
Page I0 of44
lo nd purch ø se /Acq u ìs itio n
lncluded in this task ís fee title acquisition of approximately 75 acres (ApN 345{20-52) for development as the rechargebasinarea' Final purchaseofthepropertywascompletedinseptember20ll,inaccordancewiththetermsoftheoption
agreement.
Deliverables:
r Propertv appraisal or other proof of fair market valuer Purchase agreement
¡ Proof of compretion of acquisitíon in the form of titre and agreement
TASK 4: ASSESSMENT AND EVALUAflON
The objective ofthis task is to assess the feasibirity ofthe banking project.
Feasibílity Study
A feasibility study was completed Ín November 2010 to evaluate water suppl¡es, facility economics, and conceptual projectdesign' The study identified specific water supplies for banking, and included a hydrologic simulation and detailed costestimates for construction fees.
As part of the feasib¡l¡ty stud¡ a hydrogeologic study was completed for the proposed project. The study evaluated thegeologic and hydrogeologic conditions, and concluded that a groundwater bank is technically feasible at the proposed site.The study íncluded a preliminary geotechnical investigation, development of geologic cross sections utilizíng DWR wellcompletion reports, an on-s¡te percolatíon and groundwater mounding test, and development of a monitoríng well canvassto aid in the design and monitoring of the groundwater.
Env¡ronmentol síte Assessment ond Reconnøissonce Level Eiological suruey Rewrt
To aid in the feasibility determination of the project a Phase 1 Environmental site Assessment and a Reconnaíssance LevelBiologícal Survey Report were prepared
The results of the studies conclude that the project site is feasíble for use as a bankíng facility, with minor to no anticípatedenvironmental impacts.
Deliverables:
o Final Feasibility Study and Hydrogeologic Studyo Environmental Síte Assessment and Reconnaissance Level Blological Survey Report
T¡sr 5: FTNAL DEstGN
This task includes a detailed topographic survey of subject property, and development of the preliminary and final desígnsfor the project.
Topographic surveying will be done along adjacent clD canals, within the project property, along adjacent roadways, and inother areas needed to complete the final design. A boundary survey is not anticipated at this poin! but will be added ifrequíred.
Design drawings, specifìcations and a cost estimate will be prepared for the recharge basin earthwork and leveeconstruction, project basin turnout structures along the Kirby Ditch, and monitoring and recovery wells. Basin design willinclude a full geotechnical investigatíon to determine the recommended levee design. structure desígn will include basínturnout box and pípeline design. well design will include initíal síting, determination of dimensions, ma.terials, andperforated intervals, purnp design, and electrical interconnection design.
Grant Agreement No. 46000097 I i
. Page II of44
Deliverables:
. GeotechnicalinvestÍgatlonresults
. Project plans and specifications at the final level
¡ Enginee/scostestimate
TASK ó: ENVIRoNMENTAL DoCUMENTAIION
Thís task includes the environmental planning efforts required to complete project development in the form of
environmental processing and documentation.
The environmental process will cpnsist of
1. Preparation of initial studies to identify potential project impacts.
2. Scientific and biological reviews to identifo the existing conditions and potential impacts from construction and,/or
operations of the proposed project.
3. Public input through meetings and public hearings.
4. Formalized process of publicatíon, circulation and adoption,
Environmental documentation wlll include preparation of a CEQA fnitial Study using necessary plant and animal biological
surveys, identification of potential endangered species, a cultural resources investígation and other studies as needed.
Deliverable:
. Approved and adopted CEQA documentation
TASK 7: PTR¡¡mruo
PermÍtting for this proJect will require the involvement of numerous State and local agencies. Each of the identified
agencies have jurisdiction over portions of the project. The permits identified herein are grouped into two areas. The first
are permits that are required during the planning, regulatory and desígn phase. The other group consists of permits that
are required for construction.
Planning, Regulatory and Design Phase Permits and/or Rev¡ewsi
r Fresno County
CEqA r"r,"., conformønce with Generol Plon' . Mosquito Abatement D¡str¡ct
Review ond plønning for mosquito control
Construction Phase Permits and/or Reviews:
r Well Drilling Permit and Encroachment Permit from Fresno County
Fresno County wíll olso conduct on electrical revÍew.
¡ Permít from San Joaquin Valley Air Board
Required for emissions from equipment ond dust control
. Storm Water Pollution Prevention Plan (SWPPP) from Regional Water Quality Control Board
¡ Permit for Electrical Service from Fresno County
Deliverables:
Copies of permíts or review from each of the following:
o Fresno County CEQA ¡sr¡.t
r lvlosquito Abatement review
o Fresno County Well Drilling Permit
¡ Fresno County Encroachment Permit
Grant Agreement No. 46000092 I 3
Page 12 of44
. San Joaquin Valley Air Boaid permit
o Storm Water pollution prevention plan review
o Fresno County Electrical permit
Tasr 8: CoNsrnucrroN CoNTRACT|NG
This task includes preparation of bid packages, public bid advertisements, pre-bid meet¡ngs, eA during the bidding process,
and evaluation of submitted bíds.
Four separate bíd packages will be prepared for
1. Earthwork and Structures
2. Recovery Well Construction
3. Recovery Well Equipping
4. Monitoring Well Construction
Deliverable:
. (4) Bid Summary Reports
T¡sr 9: CoNsTRUcTtoN
The objective of this task ís to construct the project facilities. Facility constructíon is broken down into
mobilization/earthwork, structurès, wells, site ímprovements and testing/inspection.
M ob il izøt io n/ Eo rthwor k
Thisincludesall earthworkactivitíestoexcavateandconstructtworechargebasínsandearthenlevees. lncludescontractor
mobílization, any required clearing and grubbíng of the exísting fields, and demolition and removal of the existing home site
and workshop are also part ofthis task,
Sofl compaction, backfilling, and other geotechnical activities shall be reviewed and monitored by a geotechnical engineer
to ensure compliance with the geotechnícal report recommendations, design plans and specificatÍons.
Sttuctures
Two concrete basín turnout structures are needed to regulate and convey water from Kirby Dítch into the recharge basins
using water control gates' Turnoui structures, associated pipeline, valves and appurtenances shall be constructed accordíng
to the plans and specifications for each of the project,s recharge basíns.
Wells
Two recovery wells and as many as two shallow monitoring wells shall be constructed for this project.
Recovery well construction includes discharge píping, flow meters, check valves and appurtenances for each of the h¿uo
recovery wells' lnitial stages of the well construction include pilot borings, Elogging, depth discrete water quality sampling,
and aguifer tests to aid ín selecting the fínal design details of the wells.
The shalfow monltoring wells to monitor and manage the groundwater bank shall be constructed according to the plans
and specifications as part of this task.
Site tmprcvements
These activities ínclude perimeter fence construct¡on, crushed rock drive surfaces, and project electrical improvements for
the wells and electrically controlled water control gates.
Granl Agreement No. 4600009713
Page 13 of44
festingflnspectìon
A final inspection of the banking faciliÇ shall be performed to ensure the project was constructed in compliance with the
plans and specifications. Recovery wells will be tested after construction to ensure their performance capabÍlities comply
with that of the deslgn.
Summary of work products for Task 9 Construct¡on:
¡ Site preparation and demolition
. Construction ofRecharge Basins and Levees
. ConstructionofTurnoutStructures
. Construction of Recovery Wells
. Construction of Monitoring Wells
¡ Perimeter fencing around banking facility
¡ Crushed rock drive surfaces
¡ Site electrical improvements
¡ FÍnal inspect¡on of the facilíty
o Recovery well performance tests
fÞliverables:
¡ ConstructionPhotographs
¡ Final fnspect¡on Report
. Recovery and Monitoring well Completion Report(s)
. Well performance test results
TASK I O: ENVIRONMENTAL COMPLIANCE/MIIGATIoN/ENHANcEMENT
This task has been developed to m¡tigate any potential disturbance or impacts to protected species or communities, This
task covers mitigation measures as required by the CEQA documentation.
Deliverable:
. Summary and implementation plan of mitigation measures required by CEQA,
TASK I I: CoNSTRUCTIoN ADMINISTRATIoN
This task includes construction administration and observatÍon efforts. CID construction managernent staff will perform
construction observation dutÍes with assistance from an experienced consultant familíar with this type of project.
Roles of the engineering consultant ínclude: periodic site visits during project construct¡on, or9anize and attend kickoff
meetings, attend weekly meetings with contractors, revíew submittals, process monthly payment requests, and review
contract change order requests. The engineering consultant shall provide a field engineer, geotechnical engineer, or
geologist, as appropriate, to monitor construction of the recharge basins and levees, concrete structures, wells, pumps, and
pipelines. During construction of the wells, geologic logs will be prepared by a geologist.
Upon completion of construction, the desÍgn drawings shall be modified to reflect construction conditions using
information provided by the contractor. These drawings shall be signed by a professíonal engineer, Additionally, upon
completion of construction a notice of completion shall be submítted to the county.
This task also includes the preparation of an Operations and Maintenance (O&M) Manual and Monitoring Plan. The
Monitoring Plan wiil establish the procedures for monitoring the banking project's influence on groundwater conditions and
will be used to minimize negative effects on nearby wells and septíc systems, ín conjunction w¡th the MAPM.
Grant Agreement No. 46000097 I 3
Page 14 of44
summary of work products for Task 11 construction Administration:
¡ Review of submittals
. Daily construct¡on observation and reporting
' contractor progress payment approvar and change order reviewr Preparation of final record drawingsr O&M Manual
o Monitorîng plan
Dellverables:
r Final record (as-built) drawings based on changes during constructiono Final O&M Manual
o Final Monítoring plan
. Copy of County Notice of Completion
Pno.l¡cr 2: Gry oF Crovts SWTP Exrtnslor¡
Pnolect DescnleloN
The Surface water Treatment Plant Expansion (Expansion) will add a total of 7,7L1, ac-ftper year to the ouçut capacity of city ofclovis' exlstíng plant that was built in 2004. The added capacíty will allow the city to rely less on their exísting groundwater wells,allowing for groundwater basin recharge and providing greater flexibility during dry years.
TAsKs
T¡sr I: ADMINISTRATIoN eNo R¡ponTINo
This task includes preparation of all reporting obligations in accordancê with the grant egreement, including invoices and- Progress Reports' All reports shall follow the requirements l¡sted in Exhiblt E.
upon execution of the grant agreement, Progress Reports shall be submitted to DWR on a Quarterly basis.
This task wíll also include meetings, conference calls, engineering consultant management and overall project coordination.
This task also includes modification to the MonitorÍng, Assessment and performance Measures (vnÞru). upon completionof any needed revisions to the MAPM, lt will be implemented and the efforÈs described withín the. MApM will bedocumented. The MApM will serve as the project Monitoring plan.
Deliverables:
o Quarterly progress Reports
r lnvoices for Reimbursement
o Monitoring, Assessment and performance Measuresr Final project Completion Report
T¡sr 2: L¡gon CoÑ4pLANcE PRoGRAM
Grantee shall adopt and enforce a LCP pursuant to Galifornia Labor Code S1771.5(bl and applicable laws. At DWR,S request,written evidence of complíance with the LCp will be submitted.
Deliverable:
r Evidence of LCp compliance
Grant Agreement No. 460M097I3
Page l5 of44
T¡sr 3: Ftruel Drsrcr't
This task includes the design of the membrane feed pumps and strainers, membrane rack arrangements, plate settler,
pipelines and preparatíon of plans, specifications and cost estimates. City design engineers will prepare the required design
plans and specifications with asslstancc from design consultants as required. Design will include plans for sewer pipeline
connection from the Plant to the existing sewer pipeline in DeWolf Avenue. This task also includes acquisition of the
required easement for that pipeline.
Deliverables:
. Project plans and specifications at the final levei
r Engineer's cost estimate
TnsT 4: ENVIRoNMENTAL DocUMENTATIoN
CEQA documents are not a contractual obligation because CEQA was completed with the original Surface Water Treatment
Plant planning, desígn and construction. A Notice of Exemption has been filed for the sewer line construction. The final
documents will be made avaílable to DWR as it is the responsible agency.
Dellverables:
¡ Notice of Exemption
r Final Mitigated Negatíve Declaration
Tnsr5: PERMIflNG
Permítting for thís project will require the involvement of State and local agencies. Each of the identified agencies will be
contacted and have jurisdiction over portíons of the project. The permits identified herein are grouped ínto two areas. The
first are permits that are reguired during the planning, regulatory and desígn phase. The other group consists of permib
that are requíred for construction.
During the Planning, Regulatory and Design Phase:
r Operating Permit from Calífornia Department of Public Health
Upon ¡nitìotíon of desígn, the C¡ty sholl request from CDPH permission to increose the operøtion flow through
SWTP.
During the Construction Phase:
¡ Constructlon General Permit from State Water Resources Control Board
Controctor sholl obtoin a permit required for control of draìnage from property.r Building Permit from City of Clovis
Contractor shall obtain.
Deliverables:
Copies of permits from each of the following:
¡ Californía Department of Public Health Operating Permit
. State Water Resources Control Board Construction Permit
. City of Clovis Buildíng Permit
Grant Agreement No. 460000971 3
Page 16 of 44
TASK ó: CoNsmucnoN CoNTRACTING
Bidding documenLs wlll be prepared for all construct¡on work. The Grantee will conduct a public bld process in accordance
wíth Cþ and state requirements to secure a licensed contractor experienced with the required construction. This task also
includes publíc bid advertisements, pre-bid meetings, QA during the biddíng process, and evaluation of submitted bids,
Deliverables:
r Bid Summary Report
Tnsr 7: Consrnuclo¡r
This task includes the construction activities of the facilities. All construction will meet applicable local, state and federal
codes and regulations and shall consist of the following activities.
o Project site clearÍng, construction equipment and material lay-down and staging area preparationsr Purchase and install the membrane feed pump and strainer, a plate settler and new membrane racks, including all
required pipes and fitt¡ngs to connect tt¡e ex¡sting system to the new expansion system.
' ConstructÍon of the pjpeline connecting the Plant to an existing City owned sewer pipelÍne in DeWolf Avenue.e Testin8 of all equipment shall meet the specificatlons of the constructíon documents and manufacturer
recommendatíons. Testing will comply wlth local, state and federal regulatíons.. Post-construction close-out walkthrough between the contractor, City and engíneerr Project site cleanup of construction areas, and the constructlon equipment and material lay-down and staging areas
Deliverable:
¡ Construction photographs
T¡sr 8: CoNSTRUCTIoN ADMINISTRATIoN
Thís task includes construction administration and observation efforts. City of Clovis construction management staff will
perform construction observation duties wíth assistance from an experienced consultant familíar with this type of project.
The engineering consultant will provide a field engineer or construction inspector to monitor construction of the membrane
feed pumps and strainers, membrane rack arrangements, plate settler, and pipelines. The consultant w¡ll make periodic' vislts to the project site during construction. Other roles of the engineerÍng consultant will include: organize and attend
kickoff meetings, attend weekly meetings with contractors, review submittals, process monthly payment requests, and
review contract change orders requests.
Upon completion of construction, the design drawings will be modifíed to reflect construction condítions using information
províded by the contractor. The drawings will be signed by a professÍonal engîneer.
Deliverables:
¡ Record construction drawings
. Copy of Notice of Completion
Pno¡¡cr 3: Fn¡sno counry Daurnmoxo J¡¡¡srn Av¡ srwrn co¡¡¡¡rcnoN sruDy
PRoJrct DescRlpro¡r
This project is a feasibility study that consísts of the development and preparation of a design for a new san¡tary sewer system forthe disadvantaged communíty of Drummond Jensen Avenue Neighborhood. Currently, ¡ndividual sept¡c systems and seepage pits
provide for onsite disposal of domestic sewage. Many of these systems are failing and contaminating the groundwater due to age
and unsuitability of local soíls.
Grant Agreemenl No. 4600009713
Page 17 of 44
T¡srs
TASK I: ADMINISTRATION AND REPORTING
This task includes preparation of all reporting obllgations in accordance with the grant agreemenÇ including invoices and
Progress Reports. All reports shall follow the requirements listed in Exhibit E,
Upon execution of the grant agreement, Progress Reports shall be submÍtted to DWR on a Quarterly basis.
Thís task will also include overall project coordination.
Deliverables:
¡ Quarterly Pro8ress Reports
r lnvoices for Reimbursement
r Fínal Project Completion Report
T¡sT 2: L,\BoR CoMPLIANCE PROGRAM
Grantee shall adopt and enforce a LCP pursuant to California Labor Code 91771.5(b) and applicable laws, At DWffs request,
written evidence of compliance with the LCP will be submitted.
Dellverable:
r Evidence of LCP compliance
T¡sT 3: ASSESSMENT AND EVALUATION
The proposed feasibility study will assess viable options to extend sewer service from the City of Fresno to Drummond
Jensen Avenue Neighborhood. Each option will be assessed and evaluated to determine the most cost effectíve and
environmentally sound solution to solving the on-site wastewater disposal system failures in the area. A preliminary
engineering reportthat details these options and the recommended solution shall be produced,
Deliverable:
r Preliminary Engineeri¡g Report
TEST 4: FINAL DESIGN
' This task includes develópment of the proJect design'through the preliminary and final phases and a detailed topographic
survey of the project area.
Surueying
A topographic survey of the proJect area along the neighborhood's streets, within resídentíal property (as required), along
adjacent roadways, and in other areas, as needed, will be conducted to complete the final design. A boundary survey is not
anticipated at this point but will be included if required.
Design
Once the recommended design option developed in assessment and evaluation task is agreed upon, project design shall
commence, Design drawings and specifications and a construction cost estimatewill be prepared forthe proposed sewer
collection system.
Deliverables:
. Topographic Survey
r Fína[ Project Plans and Specifications
. Constructíon Cost Estímate
Grant Agreement No. 46000097 I 3
Page l8 of44
Tnsr 5: Envlno¡¡urnrnl DocuMENtATtoN
This red planning and environmental efforls to complete project development and design. Thereforea cE n Ís expected to be sufficlent. The full project may require a full cEeA document but that is notpart t.
Deliverable:
¡ CEeA Notice of Exemption
Pno.¡rcr4: Erur oRosr csD Wlr¡n ül¡rr R¡nn¡ruTATroN pRoJEcT
PRqJEcT DEScRtpTtoN
The East orosi community Services District (EocsD) is a publicly owned utility that provide oc¡lcommunity of East Orosi. Water is provided from two active wells which were drilled in the ï;amount of water produced in these wells has diminished over the past 25 to 30 years, The hasperiodically exceeded the Maximum contaminant Level (MCL) for niirate, resulting in Notices of violation from the Tulare countyHealth Department for failure to meet the drinkng water quality standard.
The primary objective of this project is to perform modifications on one of the wells (the East well) ín order to reduce the nitrateconcentration' This will be accomplished through cleaning the well, performing vertical flow anã concentration profiling, andperformingafeasibilitytestofthemodifìcationthatappearsbestbasedupontheprofiledata. lfthefeasibilitytestissuccessful,themodification may be left in-place as the final solution,
TAsKs
TASK I : ADMINISTRATIoN AND REPoRTNG
This task includes preparation of all reporting obligations in accordance with the grant agreemen! including invoices andProgress Reports. All reports shall follow the requirements listed in Exhibit E.
Upon execution of the grant agreemenÇ Progress Reports shall be submitted to DWR on a euarterly basis.
This task will also include overall project coordination,
Deliverables;
r euarterly progress Reports
. . lnvoices for Reimburlement
r Final project Completion Report
TASK 2: L¡son CoÀ4pI-IANcE PRoGRAM
Grantee shall adopt and enforce a LCP pursuant to california Labor code 51771,s(b) and applicable laws. At DWRs request,written evidence of compliance with the [Cp will be submitted.
Deliverable:
o Evidence of LCp compliance
T¡ST 3: ENVIRONMENTAL PROCESS AND PERMTNNG
A CEQA Notice of Exemption was adopted and was filed with the Tulare county clerk and state clearinghouse in February201t.
Tulare county Environmental Health requires a well recondition permit for the proposed work.
Gr oú Agr eemettt No. 4 60 00 097 I 3
Page 19 of44
Deliverables:
. CEQA Notice of Exemption
. Copy of Well Recondition Permit
T¡sr 4: CoNSTRUcloN CoNTRAcTTNG
Bidding documents will be prepared for the cleaning and testing well screen modification (depending upon the profiling
results) on the East Well. This task includes public bid advertisements, pre-bid meetings, QA during the bidding process, and
evaluation of submitted bids.
Deliverable:
¡ Bid Summary Report
Tnsr 5: PRoJEcT CoNSrRUcnoN
The East Well will be cleaned by a contractor. After profiling is performed and the data is evaluated by the consulting
hydrogeologist, a well modification will be tested (assuming that the profiling data are favorable) with the assistance of the
contractor. Well modifications will be completed to under the supervision of a Certlfied Hydrogeologîst.
Deliverable:
. Construction Photos
T¡sT ó: CoNSIRUCTIoN ADMINISTRATIoN, ASSESSMENT AND EVALUAToN
The consulting hydrogeologist will prepare the specifications for the well cleaning, conduct the well profiling and data
analysis, develop specifications for testing the well modification, analyze the modification test data, and prepare a summary
report. The report will document work performed on the well, the increase in specific capacity resulting from the cleaning,
the profiling results, and changes in water quality and production as a result of the well modification.
Delive¡ables:
¡ Water Quality Test Results
. Hydrogeologist Letter Report- 5ummary of Findings
o Copy of EOCSD Notice of Completion
Pno¡ecr 5: Crry or tREsNo Rrsro¡xrrru Wer¡n Mncn Pno¡¡cr (Anea Vl & Vll)
PRoJECT DEScRIPTIoN
This project represents a portíon of the City's plan to transition all customers to metered service by January !,20t3. This portion is
to install 77,820 of the 1L0,000 residential water meters. in the City of Fresno, specífically in Area Vl & Vll. lnstallation of
approximately 92,000 water meters is not included in this project.
TRsrs
Tesr l: Pno.lecr ADM|NTSTRATToN AND REpoRlNc
This task includes preparation of all reporting obligations in accordance with the grant agreement, including invoices and
Progress Reports. All reports shall follow the requirements listed in Exhlbít E.
Upon executíon of the Brant agreement, Progress Reports shall be submitted to DWR on a Quarterly basis.
Thís task will also include other deliverables as requíred and overall project coordination.
This task also íncludes modification to the Monitorlng, Assessment and Performance Measures (MAPM), Upon completion
of any needed revísions to the MAPM, it will be implemented and the efforts described withín the MAPM wíll be
documented. The MAPM will serve as the Project Monitoring Plan.
Grant Àgreement No. 460000971 3
Page 20 of44
Deliverables:
r Plat Numbers and units per plat for Areas Vl & Vll
¡ Quarterly Progress Reports
r lnvoices for Reimbursement
¡ Monitorln& Assessment and performance Measures
o Flnal project Completion Report
TASK2: CONSTRUCTIoN
Mobìlizotlon
Once the contractor has received NotÌce to Proceed (NTP) for work within the deslgnated contract area(s), contractor
mobilization and site preparation will include:
1, Several days priorto construct¡on, all residential properties within the work area will be notified of the proposed work
schedule and timelfnes oT any anticipated atfects to water service.
2' Logging water service lines to each property and proposed meter box locations
Instøllotìon
This grant will cover installation of 17,820 of each of the following:
L. Water meter boxes with lids
2. Water meters
3. Automated Meter Reading (AMR) devices
These components will then be integrated wíth the citywide monitoring systems for customer billing.
Actlvatlon andTestìng
Each residential meter and AMR wlll be fleld tested and activated to perform a 'forced read' to ensure: it is functioning
properly and an automated signal can be generated and received by the citywide system,
TASK 3: CoNSTRUCTI oN A DMINISTRAIIoN
This task Ìncludes construction admínistratíon and observation efforts, to be performed by a qualified inspector.
A qualified inspector shall provide constructíon obseryation to monitor the installation of the meter through periodic visíts
to the próject site during constructfoñ, The inspector will also órganize and attend kickoff'meetlncs, aitena weekly
meetings with contractors, review submittals, process monthly payment requests, and review contract change orders
requests,
Upon completion of construction, the final design drawings will be provided by the contractor. The drawings wlll be sÍgned
by a professional engineer.
Thís task also includes enforcing a LCP pursuant to California Labor Code 51771.5(b) and applicable laws. At DWR's reques!
written evidence of compliance with the LCp will be submitted.
Deliverable:
o Final record (as-built) drawings
¡ Evidence of LCp compliance
Grant Agreement No. 46000097 I 3
Page2l of44
ExHISIT B
Scneouu
Grant Agreement No, 4600009Tt3
page22 of44
Grønt Ag'eement No. 4600009713
Page 23 of44
Gtant Agreement No. 4600009713
Pøge 24 of44
Grant Agreentent No. 46000097 I 3
Page 25 of44
Grant Àgreement No. 460000971 i
Page 26 of44
Grant Á,greement No. 16000097 I 3
Page 27 of44
ExHIBIT C
BUDGET
The method of disbursement shall be Task by Task; therefore cost share must be spent on a per task basis before
grant funds wlll be paid.
Summary Budget
Froþct
No.ProJeclïtle llonsHêShrrc
fFundlnr lJHehl
Grrtt Fund¡ng
¡otârRl Total % Funding
lll¡tch
1 ?lD South and Highland Ehsln Project $ 191,000 $ 3,804,300 $ 3,995,300 5%
2 3¡tv of Clov¡s SWIP Expanslon $ 1,250,000 $ 3,0q),000 $ 4250,000 299\
3 ¡ of Fresm DnJfnmond Jenson Ave Serler Conneclion Study $$ 119.Osl $ 119,090 0%
4 äst Orosi c^SD Well Rehabilltation Proid $$ 137,000 $ 137,000 0%
5 ifiy ot Fresno Hesrqenltat vYater Me¡er HroJecr (Area vr ü v[¡$ 5,379,390 $ 1,435,010 $ 6,815,000 79o/.
TOTAL $ 6,820,390 $ 8,496,000 $ 15.316.390 4ão/.
Budget - Prolect 1 CID South and Hlghland Bagln Projeet
Task
No.Task flesoriptlon l{on€l¡lc Shr¡o
(Fundlng ilåtch)
R€qu!rtod
Grant Fundlng folrl ?5 Fundlng
ll¡lch
I {dminislraüon and R€oorllno s nî s 000
z aho¡Comolla¡rce Prosram z 24,H0 (H"
3 -s¡rd Purchas€/Easgmenl s 86.00{}$sg 0ô0 3 s8r.000
4 ss€ssmènl and Evâluauon t05 000 t00%
5 nal Des¡on s g 205.000 g 201i.0
6 nlal Documêntel¡on Qt/"
7 r6rmlttino t;7 000 c 7.000 P/"
I ionstrucllon ConFactino %
I ¡nslrucll0n 405 000 2.¡105,000 Oo/o
10 invi¡onmental Comolianc¿/ Mitioation/Enhancemenl 3 5 000 !000
11 lonslruc'lton Admin¡slration s 190.000 190,000 OY.
IOTAL tst.¡loo 3,8{t4.¡3,998.300 5%
Budgct - Projecl 2 C¡tyot Clov¡s SWTP Exprnsion
Tåsl(
No,Tacf Daæriflion c¡lnll¡trftlr
Fund¡
iloí.StlbSlrra
lFu¡rúnq llatchl
Rqüa¡1..1
Gml Fmdlna Toûl
.ÉFr¡ld¡ng
Ercrr
R fiô(Ír)ó{t 5 50,0@.00 tofi9t
2 -abÕr Cm¡ance Prooram s 20.000.00 s 2D.000_00 l(xlgi
3 Dêqldn
s ro.000.00 s 5 to.0@.00 tfxr*
5 to 20.0m.0ô 20.0m 00
6 on Cgrtmcliní s r(){I*
7 onslYUction s 8Eô.¡llþ-00 3.(I)o.æ0,m s aa86.4m.o0 z!e!-
g c7-5mm s¡-Efn oo to0s-
rOIAL s ¡ 1.250,tm.00 ¡ 3.0(n.00(t@ t 4¿50qn00 ztrx
Grant Agreement No. 46A0009713
Page 28 of44
Task
No.Task Descrlptlon Non€trte Sherc
(Fundlng Hrtch)
RequeaLd
Gnnt Fundlng Tot¡l
116 Fundlng
Hetch
]lqect Sqnrli!¡firation a-nd R€porÌíng $s t0,000 10.000 0%
2 nlmr Camnllan¿e Praamm s s E^oôoT $5.000 0%
nt end Evdualion s $10,000 10,@0 0%
4 Dëslon $ -- - --:l $ E9.tÌ90 s 89.090 i/"
5 $s 5-000 7 s 5,m0 t7o
IOTAT t . 13 lls.omls lre-000 OVz
Budget " Prolect 4 Easl orosl GSD Well Rehabilltal¡on Pro¡sct (DAc project)
Task
No.Task Descrlptlon
Hdn-
Stale
Sharc
(Fundlnû
Metchl
Hequested
Grrnt
Fundlng
Total 7o Fundln¡
ilrtch
1 Adminislration and Reporting $$ 3.600 s 3,600 07o
2 labor Compllance Prooram :F $ 2.000 $ 2.000 0%
3 Environmental Process and Permittinq I $ r.000 ,s f .000 OTo
4 Constructlon Conlractlno s $ 3.400 $ 3'400 Olo
5 ¡roiect Consl¡uclion $$ 65.000 s 65.00û 0%
6 ionslruclion Adm¡nlsf ration, Assessment. Evalualion $$ 82.000 s 82,000 úlo
rOTAL $I 137.0(X1 $ 137.0{10 s
Budget - Proiect 5 Gity of Fresno Resldential Water Meter Prolect (nreffil flV!!)..,*"-"r¡.r., proicn*
Taak
No,Task Datcrlptlon Norr.stats Shtr€
(Fundlng Hstch)
Bcquc¡tsd
9.9Tt,¡y$'1.9
Tot!l %Fundtng
Mrtcfi
1 'rolect Administrallon end RsDorllnd 5 .t s 0/"
2 n s 47fr).efl ú f .435,€f 0 $ 6.165.000 m"
3 It¡on Adminlstrethn 5 6b{¡-lJ{xr s s ô50,000 100g"
rolåL 5 Ð.379,390 s 1t35.Ê10 s 8.815-000 79/à
Grant Agreement No. 46000097 I 3
Page 29 of44
Exxr¡rr D
SIAilDARD COilDIf¡ONS
D,l ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENI:
o) SEPARATE ACCOUNIING OF GRANI DISIURSEMENT AND INTERESI RECORDS: Grontee sholl occounl for
the money disbursed pursuont to this Gront Agreement seporotely from oll olher Grontee funds.
. Grontee shollmoinloin oudit ond occounling procedures lhot ore in occordonce with generolly
occepled occounling principles ond proctíces, consistently opplied. Grontee shollkeep complete
ond occt¡rote records of oll receipts, disbursemenls, ond inleresl eorned on expendilures of such
funds. Grontee sholl require its conlrqclors or subcontroclors lo mointoin books, records, ond other
documents perlinent to theirwork in occordonce with generolly occepted occounting principles ond
proclices. Records ore subject lo inspection by Slofe of ony ond ollreosonoble limes.
b) FISCAI MANAGEMENT SYSIEMS AND ACCOUNTING STANDARDS: The Grontee qgrees lhot. qt o
minimum, its fiscol control ond occounting procedures will be sufficient to permil lrocing of gront funds
to o level of expendilure odeguole to estqblish thot such funds hove not been used in violotion of
slote low orthis Gront Agreemenl.
c) REMInANCE OF UNEXPENDED FUNDS: Gronfee, within o period of sixfy (60) colendor doys from the finql
disbursemenl from Stqte to Gronlee of gront funds, sholl remiT to Stofe ony unexpended funds thot
were disbursed to Grontee under this Gronl Agreemenl ond were not needed to poy Eligible Project
Cosls.
D.2 ACKNOWTEDGEMENT OF CREDIT: Gronlee sholl include oppropriote ocknowledgement of credit to the
Stote ond lo oll cosl-shoring porlners for their support when promoting the Project or using ony doto ond/or
informotion developed under lhis Gront Agreement. During construciion of the Project, Grontee sholl instoll
o sign of o prominenl locotion which sholl include q stqtement lhot the Projecl is finonced under the Sqfe
Drinking Wofer, Wofer Quolily ond Supply, Flood Conlrol, River ond Coostol Protection Bond Act of 200ó,
qdministered by Sfoie of Colifornio, Deportment of Woler Resources. Gronlee sholl notify Slote thot the sign
hos been erected by providing fhem with o siTe mop with the sign locolion noled qnd q photogroph of the
sign.
D.3 AMENDMENT: No omendmenl or voriotion of lhe lerms of this Gront Agreement sholl be volid unless
mode in writÍng, signed by lhe porlies ond opproved os required. No orol underslonding or ogreemenf nol
incorporoted in the Gront Agreement is binding on ony of the porties. For guidonce on the Amendment
Requiremenls see Exhibil H.
D.4 AMERICANS WllH DlSABlLlTlES ACI: By signing lhis Grqnt Agreement, Gronlee ossures Stote lhot il
complies with lhe Americons with Disobililiei Act (ADA) of 1990, (42 U.S.C., 121 0l et seq.), whiıh prohibits
discriminotion on the bosís of disobilily, os well qs oll opplicoble regulotions ond guidelines issued pursuonl
lo the ADA.
D.5 AUDITS: Stole reserves the right to conducl on qudit ol ony fime between the execution of lhis Grqnt
Agreement and the completion of lhe Projecl, wilh lhe costs of such oudit borne by Stote. After complefion
of the Projecf, Stote moy require Gronlee lo conduct o finoloudit, of Grontee's expense, such oudit lo be
conducted by ond o reporl prepored by on independenl Certified Public Accountont. Foilure or refusol by
Grqntee lo comply wilh this provision sholl be considered q breoch of this Gront Agreement, ond Slole moy
loke ony oclion iT deems necessory to protect its inleresls.
Pursuont lo Governmenl Code Section 8546.7, the porties sholl be subjecl lo thê exominolion ond oudit of
Slote for o period of three yeors ofter finol poyment under lhis Gront Agreement with respect of oll motlers
connected with this Gront Agreement, including bul not limited to, lhe cost of odmÍnistering this Gront
Agreement. All records of Grontee or subcontrqclors sholl be preserved for lhis purpose for of leosl lhree (3)
yeors otler Project completíon. See Érhibil H for o lisling of documenls/records lhqt Stote Audilors would
need to review in the evenl of o gronl being oudited.
D.6 BUDGET CONIINGENCY: LIMIT ON STATE FUNDS. Sofe Drinking Woter, Woler Quolity ond Supply, Flood
Conlrol,_River ond Cooslql Proteclion Bond Act of 2006 is subject to the ovoilobility of funds including ony
Grant Àgreement No. 46000097 I 3
page 30 of44
mondotes from lhe Deportment of Finonce, the Pooled Money rnveslmenl Boord or ony other sloleouthority' The stole yll lol moke poyments of ony kind. inctuoing odvqnces or reimbursemenfs, unlílfunding is mode ovoilobte by the jtoie Treqsurer. '
t Agreement in excess of g100,000, lhe Grontee
Code Zll0, thqt:
Colifornio Employment Development Deportm
D'8 PRocu sholl comply with oll opplicobte lqws ondcompe edoking competitive negotiolions in Gronlee,socquisi services qnd construcrioñ of pubric works wirh
-
this Gro
D.' COMPUTER SoITWARE: The
ensure thqt stote funds wiil nor tems ond conrrors in proce fo
operotion, or mointenonce of ?Ji:l"tt for the ocquisition,
D.IO CONTTICT OF INTERESI
D'l REPORTS, AND DATA: The Gronlee qgrees lo expedifiously provide. duringhout the ler19f this Gront ngreemeñt, such reports, dolá, ìntormotiãn, á-noobly required by the Stote,
Grontee. Slote sholl orronge for delivery from Gronle
ony, sholl be borne by Slote.
enf will nol be mqde untilthe dispute is resolved ond
r
Grant Á.greement No. 4600009713
Page 31 of44
exlension of time, sholl be submitted lo the Direclor. Deportment of Woler Resources, within lhirty (30)
colendor doys of Groñlee's knowledge of lhe cloim. Stole ond Gronlee sholl then ollempt lo negotiole o
resolulion of such cloim ond process on omendmenl to the Gront Agreement to implemenl lhe terms of
ony such resolulion.
D.I4 DRUG.FREE WORKPI.ACE CERTITICATION
Cerllflcolion ol Compllonce: By signing this Gront Agreemenl, Grontee, ils conlroclors orsubconlrqctors
hereby certify, under penolty of perjury under lhe lows of Slqte of Colifornio, complionce with the
requiremenis of the Drug-Free Workploce Act of 1990 (Government Code 8350 ef seq.) ond hove orwill
provide o drug-free workploce by toking the following octions:
o) Publish o stolement nolifying employees, controclors, ond subcontroctors lhot unlowfulmqnufoclure,
distribution. dispensotion, possession, or use of o controlled subslqnce is prohibited ond bpecifying
octions to be loken ogoinsf employees, conlroctors, or subconlroblors for violqlions, os required by
Government Code Section 8355(o).
b) Estoblísh o Drug-Free Aworeness Progrom, os required by Government Code Section 8355(b) to inform
employees, conlroclors, or suþconlroctors qbout oll of îhe following:
L The dongers of drug obuse in the workploce,
2. Gronlee's policy of mointoining o drug-free workploce,
3. Any ovoiloble counseling, rehobililotion, ond employee ossistonce progroms, ond
4. Penolties thot moy be imposed upon employees, conlroctors, ond subconlroclors for drug
obuse viololions.
c) Provide os required by Governrnent Code Seclions 8355(c). thot every employee. controctor,ond/or
subcontrqclor who works under this Gront Agreement:
l. Willreceive o copy of Grontee's drug-free policy slqtement, ond
2. Will ogree to obide by lerms of Grontee's condilion of employment, controct or subconlroct.
0.15 HNAI |NSPECT|ONS AND CERT|F|CAT|ON OF REGISIERED ClVlt ENGINEER; Upon completion of o
conslruclion projecï ond os determined by Slofe, Gronlee sholl provide for o finol inspection ond
cerlificotion by o Colifornio Regislered Civil Engineer lhot the projecl hos been completed in qccordonce
with submitted finol plons ond specificofions ond ony modilicotions thereto ond in occordonce with this
Gront Agreemenl cnd lo the Stole's sotisfoction.
D.l6 GOVERNING tAW: This Gront Agreement is governed by ond sholl be interpreted in occordonce wilh
the lows of the Stqte of Colifornio.
D.17 GRANTEE COMMITMENIS: Gronlee occepts ond ogrees to comply with oll lerms, provisions, condÌtions,
ond commitmenls of this Fuñding Agreement. Ìncluding ollincorporoted doci-¡menls, ond to fulfilloll
ossuronces, declorqtions, representotions, ond stotemenls mode by Funding Recipient in fhe opplicotion,
documents, omendments, ond communicolions filed in support of ils reguest for Cqlifornio Sofe Dtinking
Woter, Woter Quolity ond Supply, Flood Control, River ond Cooslol Proteclion Act of 200ó finoncing.
D,l8 INCOME RESTR¡CTIONS: The Grontee qgrees thot ony refunds, rebotes, credits, or olher omounls
(including ony inleresl lhereon, occruing lo or received by lhe Grontee under this Gront Agreemenl sholl
be poid by the Grontee lo the Slote, to lhe extent lhot they ore properly ollocoble to cosls forwhich the
Grontee hos been reîmbursed by the Stote under lhis Grcint Agreemenl,
D.t 9 INDEPENDENI CAPACITY: Grontee, qnd the ogenls ond employees of Grontee, if ony, in the
performonce of the Gront Agreement, shqllocl in on independent copocíly qnd not os officers,
empfoyees. or ogenls of fhe Stqte.
D.2O TNSPECTIONS: Stote sholl hove the right to inspecl the work þeing performed ol ony ond ollreosonoble
times, providing o minimum of o 24-hour notice, during lhe term of the Gronf Agreement. Thls righl sholl
extend to ony locol project sponsor, subogreemenls, ond Grontee shollinclude provisions ensuring such
c¡ccess in oll ifs conlrocts or sub.conlroctors entered into pursuonf to its Gronl Agreement with Stoie.
Grontee ocknowledges fhot Project documents moy be subject to The Public Records Act (Colifomio
Governmenl Code Seclion ó250 et. seq.). Stote sholl hove the right to inspecl lhese documenls of ony ond
Grant Agreement No. 460000971 3
Page 32 of44
oll reosonoble limes otter complelion of the project to ensure com nd conditions oflhis Gront Agreement. During regulor otfice hours, Slote sholl hove to moke copiesof ony books, records, or reports of lhe Gronlee r.eloting to lhis Gro sholl moinloinond sholl moke ovoiloble ol oll limes forsuch inspectioñ occurote records of its costs, disbursements, ondrece!Þts wilh respect to ils qctivilies under lhis Gront Agreemenl. Foilure or refusol by Grontee to complywilh lhis provision sholl be considered o breoch of this ôronl Agreement, ond Stote moy withhold
disbursemenls lo Grqnlee or loke ony other oclion it deems necessory to prolecl Ìts inléres.Ìs.
-
D.21 NoNDlscRlMlNAlloN: During the performqnce of this Gronl Agreemenl, Grontee ond ils controclonsholl nol unlowtully discriminote, hoross, or ollow horqssment ogoiñst ony employee or oppliconl foremployment becouse of sex, rqce, color, oncestry, religious creed, nqlionol ôrigin, physicbl disobility(including HIV ond AIDS). menlol disobility, medicql coñdit¡on (concer). oge loieriO,l, moritotstolué, onddeniql of fomily core leove. Grontee ond conlroctors sholl ensure thol-lhJevoluotion ond lreotment of lheiremployees ond oppliconls for employment ore free from such discriminotion ond horossment. Grsnfee ondcontroctors sholl comply with the provisions of the Foir Employmenl ond Housing Act (Govemmenf CodeSeclion 12990 (o-f)etseg.) ond the opplicoble regulotions piomulgoted there únoer lcotitornio Code ofRegulotions, Ttle 2. Section 7285 et seg.)._The opplicoble regulotions of the Foir Employment ond Housingcommission implementing Governmenl code seciion 12990 þ-1, set forth in choplerS of Division 4 of Ifle2 of the Colifornio Code of Regulotions, ore incorporoted info thii Gronl Rgreement by reference ondmode o port hereof qs if sel forlh in full. Grontee ond ils conlroctors sholl give wrilfen nolice of theirobligotions underlhis clouse to lobor orgonizotions with which they hove ã collective borgoining or ofherogreement. Grontee sholl include the nondiscriminotion ond complionce prov'lsions of thii clquse in oltcontrocts lo perform work under the Gront Agreemenl.
D.22 NO THIRD PARÍY RIGHIS: The porties to this Gront Agreement do nof intend to creole rights in, or gronlremedies lo, ony Ìhird porty os o beneficiory of lhis Grqnt Agreement. or of ony duty, coveiont, oblílofion
or undertoking esloblished herein.
D.23 ATTONS: The port RWM progromop rmifs, plons ond s n by the Stole ¡s forod ond does nol reli periy plon, design,construct, operote. rnoinloîn, implemenl, or olherwise corry oul the IRWM progrom.
D'24 PERMITS, [ICENSES, APPROVATS. AND LEGAL OBtIGATIONS. Gronlee sholl be responsible for obloíningony ond oll permils, licenses, ond opprovols required for perlorming its obligotions ünder this GrontAgreemenl. Gronlee sholl comply with lhe colifornio Environmentot ouotity Acl (pRC seclion 21000 et seq.)ond other opplicoble federol, Stote, ond locql lows, rules, qnd regutotions, guideìines, ond requiremenlspriorlo disbursemenl of funds under this Gronl Agreement,
Wílhoul limiting fhe foregoing, Funding Recipient sholl keep informed of ond toke oll meosures necessory toensure complionce with Colifornio Lqbor Code requirements, including but not limíted to Section 1720 eîseq' of the Coliforniq-Lqbor Code regording public works, limilolions oñ use of volunleer lobor (Colifornio
Lobor Code Sectio.n 1720.4),lobor compliqnce progrqms (Colifornio Lobor Code Seclion lZzt J), ondpoyment of prevoiling woges for work done under lhis Fundíng Agreement. pursuqnt to the provîsions ofProposition 84, fhe Sofe Drinking Woler, Woter Quolily ond Supply, Flood Control, River ond CoostolProleclion Bond Acl o12006, Cql, Pub. Res. Code S 75OZó etseq., the Funding Recipieni musl hove o loborcomplionce progrqm thol meels lhe requirements of Coliforniq Lobor Code Section l7T1.s.
D'25 PROHIBIIION AGAINST DISPOSAL Ot PROJECI WIIHOUT STATE PERMISSION: Gronlee ond Locol Prciject
Sponsors shqll not sell, obondon, leose, lronsfer, e
monner whofsoever oll or ony porlion of ony reol
conjunclion wilh the IRWM progrom withoul prior
sholl not loke ony oclion concerning lhe perform
ocfions reloting to user fees, chorges, ond ossessmen
meet ils oblþolions under lhis Gront Agreement, without priorwrillen permission of Stote. Stote moy requhe
Grant Agreement No. 46000097 I 3
Page 33 of44
fhqt the proceeds from the disposition of ony reol or personol property qcquired wilh funds disbuned under
this Gront Agreement be remitted to Stote.
D.26 REMEDIES, COSIS, AND AnORNEY FEES: The Grontee ogrees thot ony remedy provided in this Gront
Agreement is in oddilion lo ond not in derogoTion ot ony other legol or equitoble remedy qvsiloble lo the
Stole os o resull of breoch of lhis Gront Agreemenl by the Grontee, whelher such breoch occurs before or
ofter completion of the Projecl. ond exercise of ony remedy provided by this Gront Agreemenl by the Slote
shqll not preclude lhe Slole from punuing ony legolremedy or right whÌch would olherwise be ovoiloble, ln
lhe evenl of litigolion between the porties herelo orising from lhis Gront Agreement, it is ogreed thot the
prevoiling porty sholl be eniitled to such reosonoble cosls ond/or ollorney fees os moy be ordered by the
court enÌertoining such liÌigotion.
D.27 REIENTION: Notwilhstonding ony olher provision of this Gron'f Agreemenl, Stqte sholl, for eoch proiecl,
withhold five percent (5.0%) unlil Jonuory 1,20ìó qnd len percenl (10.0%), lhereofler, of the funds
requesled by Gronlee for reimbursement of EligÌble Costs. Eoch project in l.his Gronl 4greement will be
elid¡ble to releose its respective relenlion when thot project is compleled ond Groniee hos met
requirements of Porogroph lT, "Submissions of Reports" os follows. At such time os lhe "Projecl Completion
Reþort" required under Porogroph l7 is submilled to ond opproved by Stole, Slote sholl disburse lhe
retäined funds os to thol projelt io Grontee, except in lhe cose of lhe lost pçoject to be completed undèr
this Gront Agreement, in which cose relention for súch projecl will not be disbursed until the "Gront
Completion Reporl" is submìlted lo ond opproved by Stote.
D.28 RIGHTS lN DATA: To the exlent permitled by low, the Grontee ogrees thot qlldoto, plons, drowings,
specificolions, reports, computer progroms, operoting monuols, noles, ond otherwritten or grophic work
produced in the performonce of this Gronl Agreemeni sholl be in the public domoin. The Gronlee moy
disclose, disseminole ond use in whole or in port, ony finol form dolo ond informqtion received, collecled,
ond developed under this Gront Agreement, subject lo oppropriole ocknowledgemenf of credit to the
Stole for finonciol support, The Gronlee sholl not utílize the moteriols for ony profít-moking venlure or sell or
gront rights lo o third porty who intends to do so.
D.2? SEVERABIilTY OF UNENFORCEABLE PROVISION: lf ony provision of this Gronl Agreement is held invqlid or
unenforceoble by o courl of finoljurisdiclion, oll olher provisions of this Gronl Agreemenl sholl be construed
to remoîn fully volid, enforceoble, ond binding on lhe porlies.
D.3O STATE REVIEWS AND INDEMNIFICAIION: The porties ogree thot review or opprovol of Projecl
opplicolions. documenls, permits, plons ond specificotions or olher Project informotion by lhe Stole is lor
qdministrofive purposes only ond does nol relieve lhe Grontee or Locol Projecl Sponsors of their
responsibiliiy to properly plon, design, conslrucl, operote, mô¡ntqin, implement, or olherwise corry out fhe
Project. To fhe exlent permitted by low. the Grontee ond Locol ProjecÌ Sponsors ogree lo indemnify,
defend ond hold hormless lhe Stqle ond lhe Stole ogoinsl ony loss or liobility orising oul of ony cloim or
qclíon brought ogoinst the Slote from ond ogoinsl ony ond qll losses, cloims, domoges, liobilities or
expenses, of every conceivoble kind, chorocler ond nolure whofsoever orising oul of, resulting from, or În
ony woy connected wilh:
o) The Projecl or the condilions, occuponcy. use, possession, conduct or monqgement of, work done in or
obout, or the plonning. design, ocquisilion, instollqtion, or consfruclion, of the Project or ony port
fhereof;
b) Performing ony of lhe terms contoined in this Gront Agreement or ony reloled documenl;
c) Any violotion of ony opplicoble low, rule or regulotion, ony environmenlol low (íncluding, wilhout
limitqtion, lhe Federol Comprehensive Environmenlol Response, Compensolion ond Liobility Act, the
Resource Conservotion ond Recovery Acf, lhe Colifornio Hozordous Subslqnce Accounl Act, the
Federol Wqler Potlution Control Act, lhe Cleon Alr Act, the Colifornio Hqzordous Woste Conlrol Low ond
CWC Section 13304, ond ony successors lo soid lows), rule or regulolion or the releose of ony loxic
substonce on or neor the nolurol woler syslem; or
d) Any untrue stotement or olleged unlrue slotement of ony moleriol focl or omission or olleged omission
to sfole o moteriolfoct necessory to moke the stotemenls required to be sloted therein, in light of the
circumstonces underwhich fhey were mode, nol misleoding wíth respecl lo ony informolion provided
by the Grqnlee for use in ony disclosure documenl utilized in conneclion with ony of fhe tronsoclions
Grant Agreement No. 460000971 3
Page 34 of44
contemploted by this Gront Agreement. Grqnlee ogrees to poy ond d¡schorge ony judgment or owordentered or mode ogoinst the Stole wilh respect to ony such cloim or oét¡on, ãno ony seillement,compromise or olher voluntory resolulion. The provìsions of lhis section sholl survive Ûre term of the GrqntAgreement.
D.3l SUCCESSORS AND ASSTGNS: This Gront A toppty to ond bind thesuccessors ond ossigns of fhe porlies. No qss emeni or ony porl thereof,righis hereunder, or l'nlerest herein by the Gr is opprôved by Stole ondmode subject lo such reosonoble ferms ond condili
D.32 TIMEIINESS: Time is of the essence in this Gronf Agreemenl.
D.3Íl TRAVEL: Grontee ogrees thol lrqvel ond per diem cosls sholl NoT be eligible for reimbursement withSlole funds, ond sholl NOT be eligible for compuling Grontee cosl mqtch. Tiovel includes the cosJs oftronsporlotion, subsislence, qnd olher ossocioled cãsts incuned by personnel during the term of this GrontAgreement.
D.34 wAlvER oF RIGHTS: None of lhe provlsions of this Gront Agreement sholl be deemed woived unless
time eilher porty moy
er by eifher porty of dghts
erwith respect lo ony
Granl Agreemenl No. 4600009713
Page j5 of44
ExHIBIT E
R¡¡ont to¡r¡er nlto R¡eurne¡u¡nrs
The following reporling formots should be uiilized. Pleose obtoin Slole opprovol prior lo submitling o reporl in on
olternotive formol.
OUARIERTY PROGRESS REPORT
Grontee shqllsubmit Quorterty Progress Reporls on q consislenf bosis to meel lhe Slote's requirernent for
disbursemenl of funds. The quorledy progress report should describe the work performed during lhe reporling
period. For eoch project, describe the work performed including:
coNTtNutNG EuGtBil.twr For Urbon Woler Suppliers who hove not submitted o complete Urbon Woler Monogement Plon, the
slotus of the plon development ond submiltql.. A brief summory of the slolus of odoplion of on IRWM Plon thol cornplies wilh Pqrt 2.2 of Division ó of
the CWC commencing wilh SectÌon .l0530.
. Upon odoption of IRWM Plqn, submil on eleclronic copy wilh progress reporl.
PROJECT IN'ORMATION (lNcr.uDE ANy oF rHE BE[ow THAI WERE Ap?r,rcABrE DURTNG rHE REpoRilNG rrrtoo)
. Legqlmqtters.
. Engineering motters,
. Environmentolmotters.
. Stolus of permits, eosemenls, rights-of-woy, ond opprovols os moy be required by other Stote,
federol, ond/or locol ogencies.
. Mojor occomplishments during the quorter (i.e. tosks compleled, mileslones mel, meelings held or
oltended, press releoses, etc).
¡ Discussion of doto submillol efforl(s) for lhe prevìous quorter, including o description of the doto
submilled ond dote(s) of submiltol.
. lssues/concerns lhol hqve, will, or could offect lhe schedule or budget, wilh o recommendotion on
how lo conect the motter.
¡ Description of ony differences belween the work performed ond lhe work outlined in the project
work plons.
e Descripfion of ony efforts to updole IRWM Plon to obligotions lisled in Porogroph ì 2, "Continuing
Eligibilily, if opplicoble. "
COSTINFORMAIION
o Provide o List showing oll costs incurred during the quorler by lhe grontee, lhe Locol Project Sponsor
overseeing the work, qnd eoch controctorworking on lhe project. The list should include for oll non-
conslruction, or implementolion cosls, (i.e., design, ond odmín chorges) the hours per losk worked
on during the quorter for obove personnel.
¡ A discussion on how the ocluol budget is progressing in comporison to the project budget included
in lhe Work Plon.
r A rev'lsed budgel, including on explonotion of why lhe revisions were necessory, by fosk, if chonged
from lotesl budget shown in Appendix C, Budget. Nole, o revised budget moy requÍre on officiol
omendmenl to the Agreemenl before il is occepled os finol.
Grøtt Agreement No. 46000097 I 3
Page i6 of44
SCHEDULE INFORMAIION
¡ A schedule showing octuol progress verse plqnned progress os shown in Exhibit B.
o r A discusion on how lhe qcluq¡ schedule is progressing in comporison to lhe schedule in Exhibit B.r A revised schedule, by tosK if chonged from lolesl schedule in Exhibit B. Note, o revised schedule
moy require on officiql omendment to lhe Agreemenl before il is occepted os finol.
ANTICIPATED ACTIVITIES NEXT QUARTER
. Provide o descriplion of onticipoled oclivitÍes for lhe next quorterly reporling period.
PROJECT COI¡IPIETION REPORT
A Projecl Complelion Report is required for eoch project identified in the Work Plon, Exhibit A. This report will
include lhe following Sections:
EXECUIIVE SUMMARY
The Execulive Summory consisls of o moximum of fen (ì0) poges summorizing projecf informotion (see
reporl stolus seclion below for lopics). The Execulive Summory should includé lhe following:r Brief description of work proposed to be done in lhe originolsofe Drinking Wqter, Wqler Quolity ond
Supply, Flood Conlrol, River ond Coostol Prolecfion Bond Act of 200ó IRWM tmplemenîolion Giont
opplicolion.
. Description of ocluql work compleled qnd ony deviotions from fhe work plon idenlified in lhe GrontAgreemenl. List ony officiql omendments to lhe Agreemenl, wilh o short description of the
omendment
. Describe the mechonism or process thot ollows for continued performonce monitoring of theprojects in meeting the objeclives of the |RWM ptqn.
REPORTS AND/OR PRODUCTS
. Provide q copy of ony finol lechnicol reporl or study, produced for this project os described in lhe
Work Plon, if opplicoble.. Provide q mop ond shcpefile(s) showing the locotion of lhe compleled project. A descriplion of the
999g.r9Pn¡c projecfion ond dotum used for the shopefile must be submilled wifh lhe shopefile (o
NAD '83 dotum ond either o UTM l0 or UTM I 1 projection, dependent on the projecl's loòotion'in
lhe slqte, shoulO be utilized).. lf ony wells were cons'tructed os port of lhe project, provide the following informotion:well logs;
borehole geopltys¡col logs; stote well number; site informolion lo include horizontol (NAD '83tondverlicol (NAVD '88) dolum to be delermined within 0.5 feet.r Provide on electronic copy of ony os-built plons (medio: CD-ROM; PDF formol).. Provide copies of ony dolo collected olong with locolion mops.. lf opplicoble, describe the findings of ony sludy ond whelher lhe study determined lhe engineering,
hydrologíc, hydrogeologic, environmenlol, economic ond finonciol feosibility of the project
o lf opplicoble, o discussion of lhe crilicolwotersupply or woter quolity beneflts to DAC os port of lhis
Gronl Agreement.
cosT a DtspostTtoN oF tuNDs tNtoRMAiloN
. A lisl of invoices showing:
in lhis section).
Grant Agreement No. 46000097 I 3
Page 37 of44
. A spreqdsheet summory of the originol budgel cosls by lqsk versus lhe finol projecl costs
¡ A summory of finolfunds disbursemenl including:
hours, roles, üpe of protession ond reqson for consullonl, i.e., design, CEQA work, etc).
¡ Sumñìary of project cost including:
from the originol project cost eslimole.
ADDIIIONAI. INFORMATION
o Benefits derived from the project, with quontifícolion of such benefits provided, if opplicoble,
o A finol project schedule showing octuol progress verse plonned progress.
o Certificqtion from o Colifornio Regislered Civil Engineer lhot the proiect wos conducled in
occordqnce wilh the opproved work plon ond ony opproved modificotions lherelo.
. Submiltql schedule for lhe Post Performonce Report ond on oulline of the proposed reporling
formot.
GRANT COMPI.EIION REPORT
The Gront Completion Reporl sholl generolly use the following formot. Thís formot moy be modified os
necessory to effectively communicqte informotion on the vorious projects ín lhe IRWM Progrom funded by this
Gronl Agreement, ond includes the following:
EXECUTIVE SUMMARY
The Executive Summory consists of o moximum of lwenly (20) poges summorizing informotion for lhe
gronl os well qs lhe individuol proiec'ls.
. REPORTS AND/OR PRODUCTS
. Summory of the regionol priorities, objeclives, ond woler monogement slrolegies of the IRWM Plon.
. Brief comporison of work proposed in lhe originolsqfe Drinking Woter, Woter Quolity ond Supply,
Flood Coñtrol, River ond Cooslol Protecfion Bond Act of 2006IRWM lmplementolion Gront
opplicolion ond octuolwork done.
. Brief descriplion of the projects completed ond how they will further the gools identified ín lhe
Agency's finolopproved IRWM Plon.
. Describe how the implemenfed projects will meet the regionol priorities idenlified in lhe finol
qpproved |RWM Plon qnd how the projects conlribule to regionol inlegrolion.
. ldentify remoining work ond mechon'sm for theÎr implementotion.
r tdenliff ony chonges to the IRWM Plon os result of project implementolion.
. Short description of the two yeor IRWM Plon updote ond lhe dote when lhe updoted Plon wos
submitted to DWR.
. lf opplicoble, o shorl discussion on how lhe IRWM Plon will ossist in reducing dependence on Deltq
woler supplies.
¡ A discussion of the cdficolwoter supply or woler quolity benefils lo DAC os porl of lhis Gronl
Agreemenl
Grant Agreement No.. 4600009713
Page 38 of44
COST & DISPOSITION OF FUNDS INTORMATION
o A summory of finolfunds disbursement for eoch projecl.
ADDII¡ONAL IN FORMATION
¡ A finol schedule showing individuol project's qcluol progress durqlion verse plonned progress.
. Certificolion from o Colifomio Regislered Civil Engineer thot the Progrom wos conducted in
occordonce with the opproved work plon ond ony opproved modificotions fherelo. Discussion of
lhe synergies of lhe completed projects, including the integrotion of projecl benefils qnd q
comporison of octuol benefils versus lhose discussed in the originol proposol.
. Submiltol schedule for lhe Post Performonce Reporis for eoch of the projects in this Gront
Agreement.
POST.PERFORMANCE REPORT
Post Performonce Reporl is required onnuolly for every prolect for o period of 1O yeors beginning ofter lhe first
yeor of operotion, ond includes lhe following:
REPORTS AND/OR ËRODUCTS
¡ Tírne period of lhe onnuol report, i.e., Ocl 2014 through Eepfernber 2015.. Short projecl description.¡ Brief discussion of the projeci benefits lo woter quolily, woter supply, ond lhe environrnenl.o An ossessmenl of o fween lhe cl
benefits in meeting IRWM lmp n.
Where bpplicoble, ve metrici,produced ihot yeor, ocres of wildlife hobifot odded, etc.. Summory of ony oddilionqlcosts ond/or benefits deriving from lhe project sînce its complelion, ifopplicoble.
r Conlinued reporting on meeling the Outpui lndicotors ond Torgels discussed in the Projecl
Moniloring Plqn dÌscussed in Porogroph 22 of this Gront Agreement.. Any qdditionol informotion relevonl to or generoted by lhe continued operolion of the project.
ELECTRONIC REPO RT FORÀJIAITING
Gronlee ogrees lhot work funded under lhis Grqnt Agreement will be provided ín on elecfronic formot lo Stqle.
Eleclronic submillql of finql reporfs, plons, studies, doto, qnd other work performed under lhis gront sholl be os
follows:
¡ Texl preferobly in MS WORD or text PDF formol.
r Files generolly less lhon l0 MB in size.
. Files nomed so thot the public con delermine their content, For exomple, file noming of reports must
hove the tille ond, íf subdivided inlo imoller sized files, lhe chopler number/leller oñd nomes in the. report Tqble of Conteni (TOC); files of mops, figures, ond lobles by number/lelter os referenèed in
lhe TOC; well logs files wilh DWR-required noming convention; ond Appendix number/lefter ond
nomed in lhe TOC.
r For projects involving o modelíng component, grontee sholl provide lhe mojor input doto files,
poromefers, colibrotion stolistics, oulpuf files, ond olher informolion requesled by Stqte's Projecl
Monoger.
Grant Agreement No. 4600009713
Pøge 39 of44
EXHIBII F
LOCA1 PROJECT S?ONSORS
¡.OCAT PROJECT SPONSORS
Grqntee hos ossigned, for eoch project, o Locol Projecl Sponsor occord¡ng to lhe roles of the porlicipoling
ogenc¡es idenlilied in the IRWM Plon. Locol Project Sponson moy ocl on beholf of Grontcc for the purposes of
ìndividuql project monogement, oversight, complionce, ond operolions ond mointenonce. Locol Project
Sponsors ore idenlified for eqch Sponsored Project below:
[ocol Sponsor Agency Deslgnollons
Sponsored Projecl Sponsor Agency Agency Address
Projecl I
Soulh ond Highlond Boin Consolidoled
lnigotion Dislrict
PhilDesotoff
GenerqlMonoger
Consolidoled lnigolion Dislrict
P.O. Box 209
Selmo, CA93óó2
office: (559) 89ó-l óó0
pdesqtoff @cidwoter.com
Projecl2
Surfoce Wqter Treolment
Plont Exponsion City of Clovis
Liso Koehn
Assistont Public Utilities Direclor
City of Clovis
155 N. Sunnyside Avenue
Clovis, CA 93ól I
Office: (559) 324-2607
lisok@ci.clovis.co.us
Project 3
Drummond Jensen
Avenue Sewer
Connection Sludy Counly of Fresno
princiJlisTåTTnovsr
C/O Drummond-Jensen Communily
County of Fresno, Dept. of Public Works ond Plonning
Resources Division, Speciol Dislricts
2220Tulore Slreet, óTh Floor
Fresno, C493721
Office: (5591262-4259' JProdo@co.frêsno.co.us
Project 4
Woter Well Rehobilitolion
Projecl Eost OrosiCommunily
Services District
Lucy Rodriguez
Dislrìcl Monoger
Eost Orosi Communily Services District
P.O. Box2l3
Orosi. CA 93ó47
Office: (559)393-1125
eocsd@ool.com
Projecl S
Residenliol Woter Meter
Project (Areo Vlond Vll)Cily of Fresno
Brock Buche
Woler Division Engineer
Cily of Fresno
Public Utililies Deportment, Woter Division
l910 Eost Universily Avenue
Fresno, CA93703-2988
office: (s59) ó21-5325
Brock. Buche@fresno.oov
Grant Agreement No. 46000097 I 3
Page 40 of44
EXHIBII G
REQUIREMENTS IOR DATA SUBMIIÌAI.
SURTACE AND GROUNDWATER QUATITY DATA:
G-rouncilvqter quolily ond ombient surfqce woler quolity monitoring dolo lhot include chemicol, physicol, orbiologicoldolo sholl be submitled lo lhe Stole os described below, with o norrotive description ot Oãto
submiltolocliviiies included in project reports, os described in Exhibit E.
Surfoce woterquolily monitoring doto shqll be prepored forsubmission to the Colifornîo Envíronmentol Doto
Exchonge Nelwork {CEDEN). The CEDEN do on lhe CEDEN website. tnctusion ofoddilionol dotq elemenls described on the . Doto reody for submission should beuplooded to your CEDEN Regionol Dqlo ce . CEDEN website:
hlto://www.ceden.org.
lf o projecî's Work Plon contoins o groundwoter ombienl moniloring element, groundwoter quolity monitoringdoto shqll be submitted lo the Stote for inclusion in lhe Sfote Wofer Resources Control Boord's Groundwoler -
n on lhe GAMA progrom con be obtoined of:
lf further informotion Ís required, the Gronteecon conloctthe Stqte Woler Resources Conlrol Boord (SWRCB) GAMA Progrom, A listing otSWRCB stotfinvolved in the GAMA progrom con be found ol:
hllp://www.svwcb.co.qov/woter issues/progrqms /gomo /contoct.shlml
GROUNDWATER IEVEI. DATA
For eoch proiect lhql coltecls groundwoler level dolo, Grontee will need to submit this doto to DWR's WqlerDolo tibrory WDL), with o norrqlive descriplion of dolo submiltol oclivities inctuded in project reports, osdescribed in Exhibit E.lnformolion regording lhe WDL qnd in whol formol to submìt doto in con be found ol:htlp ://wdl.woter.co. gov/.
ln lhe neor future, DWR's WDL will be reploced by the Colifornío Slolewide Groundwoter Elevolion Monitoringprogrom (CASGEM). Once this Progrom comes online Grontee willthen submil groundwoler level doto to
rom con be found ot:
Grant Agreement No. 46000097 I 3
Page 4I of44
Exhiblt H
Slole Audil Documenl Requiremenls ond Guidellnes for Gronlees
Under DWR Finqnclql Asslslonce Progroms
The fol6wing provides o list of documents lypicolly required by Slote Auditors ond generol guidelines tor
Grontees. List of documents pertoins to both Gronl funding ond Grontee's Funding Mqlch ond deloìls the
documenls/records thot Slote Auditors would need to review Ìn the event of lhis Gront Agreement is qudited.
Grontees should ensure thot such records ore mointoined for eoch funded project.
list ol Documenls for Audil
lnternol Conlrols:
l. Orgonizot¡on chort (e,g., Agency's overoll orgonizotion chort ond orgonizolion chort for this Gront
Agreement's funded projecls.
2. WrÌtten internol procedures ond flowchorts for the following:
o. ReceÌpls, deposits ond disbursements
b. Slote reimbursement requests
c. Gront expenditure trocking
d. Guidelines, policy, ond procedures on gront funded Progrom/Projecl
3. Audit reports of fhe Agency inlernol conlrol slructure ond/or finonciol stolements within lhe lost two yeors.
4. Prioroudil reporls on gront funded Progrom/Projecl.
Aqreements ond Contrqcls:
ì. O¡ginolsigned Gront Agreement, ony qmendment(s) ond budget modificotion documenls.
2. A listing of ollbond-funded gronfs received from the Slote'
3. A listing of oll olher funding sources for eqch projecf.
4. Alt subéonirqctor ond consultont controcts ond reloted or portners documents, if opplicoble'
5. Controcls belween the Agency ond member ogencies os reloted lo this gronl ogreemenl.
lnvoices:l. iñvo¡ces from vendors ond subcontroctors for expenditures submifted lo lhe Stote for poyments under fhis
Gronl Agreemenl.
2. Documeìtotion linking subcontroclor invoices to Stole reimbursement, requests ond relofed budget line
items under this Gront Agreemenl.
3. Reimbursement requesls submifted to the Stote for this Gronl Agreemenl.
Cosh Documents:
l. Receipls (copies of wononts) showing poyments received from the StoIe.
2. Oepoiit slips (or bonk stotements) showing deposit of the poyments received from the Stote'
3. Concelled checks or disbursemenl documenls showing poyments mode to vendors. subconfroctors,
consullonts, qnd/or ogents under lhis Gronl Agreemenl.
4. Bonk slotements showing lhe deposit of the receipts.
Accountino Records:
1. Ledgers showing enlries for receipls ond cosh disbursemenis.
2. Ledgers showíng receipts ond cosh disbursemenl entries of other funding sources.
3. Bridging documenls fhot tie the generol ledger lo requests for gronl reimbursement'
Adminislrqtíon Cosls: Supporling documents showing lhe colculolion of odministrolion costs.
Personnel:
t. Ljst of oll controctors ond Agency sloff thqt worked on this gront funded Progrqm/Project.
2. poyroll records including limesheets for controctor slqff ond lhe Agency personnel who provided services
chorged lo this Groni Agreement.
Grant Àgreement No. 4600CI092 I 3
Page 42 of44
Project Files;l. All supporting documentotion mointoined in f he project files.2. Allcorrespondence reloted to this Gronl Agreement.
Generol Gronl Agreemenl Guldellnes
Amendment Reouiremenls:
Amendments 1o the Work Plon, Budgel. ond/or Schedule of lhis Gronl Agreemeni ore triggered when theproposed chonges ore deemed by lhe Stote to be subslqnliol. Subslontíol chonges generolly include chongesfo lhe wording/scope of work, schedule or lerm, ond budget. For exomple, o formolludget chonge to onAgreement is required when fhe cumulotive totolsince lhe execution of ogreement of pròposed Grontomount budget chonge(s) for o Tosk is greoter thqn l0% of the originql Gront omounl budget for thqt porticulor
Tosk or the Tosk fo be exchonged with.
Fundino Motch Contribution
Fundíng Motch (oflen refened to os Gronlee Cost Shore) is the omount defined in porogroph 4 of thisAgreement' Funding Motch consisfs of non-Stole funds including in-kind services. ln-kind servÍces ore defìnedqs work performed (i.e., dollor volue of horì:coSh conlribufions) by the Grqnfee (ond potentiolly other pqrties
involved) dírecTly reloted to the execution of lhe scope of woik (exomp/es: volunfeerservices, 'equipment
use.ond focílíties). The cost of which in-kind service is voluecl con counled os funding motch inJieu oi octuol funds(or revenue) provided by fhe Gronfee. Other funding motch qnd in-kind service eligibility conditions opply (seeporogroph 9). Provided below îs guidonce for cloimin ¡ funding motch wifh ond without in-kind services.
1. Adequote documentotion supporting volue of in-kind seryice (or volunteer service) os funding mqfchcloimed sholl be moinfoined. Afthough lrocked seporolely, in-kind servíces sholl be documeñted ond, iolhe extent feosible, supported by the some melhods used by fhe Grontee for its own employees. provide
formol (on officiol letferheod) ond substonliol documenfotion of in-kind servíce by includìng ihe followîng:o Describe confribufed item(s) or seruice(s)
o Purpose forwhich contribution wos.mode (lie to scope of work)
o Nome of contribufing orgonizofion qnd dole of conlribution
o Reol or opproximote volue of contribufion. Who volued lhe contribution qnd howwos the volue
defermined? (e.9., ocfuol, opprcisol, foir morket volue, etc.). Justificotion of role, (see item #4, below)o Person's nome ond funclion of lhe contributing person
o Hours of contribution
o lf multiple sources exist, summorize these on o tqble with summed chorges
o Wos contribution provided by, obtoined wÍth, or supported by government funds? lf so, indicofe source.
2- Funding molch cont nd services) sholl be foi costs ond services dÍrecfly oilributed iooctivities included în Work plon. These services, furnished by professionol ondtechnicol personnel, r skilled ond unskilled lobor moy be counted os in-kind if the
oclivilies qre on inlegrol ond necessory pqrt of this Gronl Agreement. Evoluote etigibility with DWR projecl
Monoger in odvonce of submillol,
3. Do nol trock cosh contributions mode 1o o project os on expendiÌure os you would for on in-kind service.
When providing funding mqlch. lrock cosh conlributions to the Project (i.e. revenues) ond expendilures(typÌcolly in-kind contribution) seporotely in on qccounting sysfem,
4, Rqtes for volunÌeer or in-kind services sholl be consistent wilh lhose poid for similor work in the Gronieeorgonizoiion. For exomple. volunteer seryice of cleoring vegefotion performed by on ollorney sholl bevqlued of o foir morkei volue for this service, nof lhe role for professionol legol services. ln lhose instonces inwhich the required skills ore nol found in the recipient orgonizofion, rofes strãlt Oe consisfent wifh those poid
for similorwork in the lobor morkel. ln either cose, poid fringe benefits fhot ore reosonoble, ollowoble, ondollocoble moy be included in the voluqlion.
Grant Agreement No. 4600009713
Page 43 of44
EXHIBIT I
GRANIEE RESO¡,UTION
lt-tilfoltE TllE IloÀ-Rfi oF DrR-ECTfJll's
OF TIII; UPP.ER KINCS I]A.qIN TNTIIGITA'TID IIT1CIONAI,
WA t'tiR lllÄN¿!GDIvIEN'l' ÂUTIIORITY
I¡ITESNO, CÀI, f FOTùÌII\
I'LES o lj! rr Ory-tl O, I 0 :03
allulil]RQlaÞl'l'loN fl,r lN't'1,:(rllr^'!Erl !È!i{i¡o'\¡tl WÀllilì rY,lN¡\Gtr$¡lEllT
(ìll^N-I PRt-lrjRÁrUL!ÈtlLTo EN'l-l1R I-N'I o ¿rrl'i i\GIiBEÌvU'N:l-lylTE
If¡ic.tr,rFosfll^ rt E,U-gll-lyanJ';l{RttsalxËE,I
\l{l¡l¡nÁ5, titc UppcrKirrgs Uasirr lntcgralcd f{cgional Waltrrlúarr.+gcrrrcrll..lruLhority, I'loÍntPorver¡
¿\uth<-rrily rnadeup oluitíc.,i-iountiesanrl rv(iRleßencics jrì th',r(lrnlral Sqn ,fçaiNin Vdley'wjllrl¡c
ruspcrnxibility l'or.irnplCurcnrilg thc lJpFor l(ings liasin lr¡fcfr.ra(gl Rcgíonal r,\ArtjrM¡l¡rgc¡ìtclll l'liln ¡nd;
lylfEREÄS, t|c Upper Kings tlosil lntcgrated llcg,ional Walcr tvlana¡;cn:r:nt Âut}or ity tlcsires to nlakc
an applicarícrn l'<ri firrrding ulrdcr thc Proposition 84 lntegratetl Rogionul V/ater Þlamgenlcltl Glsnt
Prograi¡, Ror.rn¿l I , to irnplement projec(u thnl arc ccr¡-si.rtent rvith tltc llppa' Kirlgl' BasÍn lutegralcd
Rcp,ionril \Vuter lvtanlgcnri:nt Plrrn a.nd Proposiliorl $4 standards rtrd;
l#tllìltllrlS, a rcquircment ot ap¡itying I'o¡ Rouul I lrnplcrrumlation Ersnt fu¡cls is .stlhrníltql of u signcrl
Co¡rscnl Fornr, rvhich $l'.ìtcs lhat rhe applicrnt nr;knorvÌcdgt;l; lrn undcrstanding that tlrcy ruill ll: n:t¡uired
t¡ cntcr.irrto a bincling ,i¡l'ccmcrr! wit[ Calit'onri¡r l)cpartnrent of Walcr llcsorrrces ro ñ.tlly updalc, witlrin
trvo ycars oI r,hc r¡xucu(ior¡ rlah: Of ¡rn flgreemêlìi, tltr: ilrlegrntcd rÈgj0r¡Él l'¿?rlcr Dltui3g,e rúi:nl plan [o rn{,cl
ProptrsÍtion ll,l Pla¡r $tlndords currtaincrl in the Clrrtlt lrrcrgram Gtridelincs, norv;
ßE IT RESOt.,VF)tt RY TIIU 6oanl of llircctops (i[ thc (Jppcr l( irr¡,.r f-lnsin Intcgraled R+gioiral Wctcr
Managenrcnt Auflrori(y tlrat applicntir.rrr bç nradu to tt¡o Çfil¡lornia Departnrcnl of'!\'ater Re$oìtrcÈs to
Liþrain on Intc¡¡rated Regionat Waler lvf nrlagcmcnt lml)le[lctl10tion (ìranl l)ursuúnt to all thc lcnrt.$ llDd
provisiorrs 0l{h'.: Éielir Drinking Water, tVater Qurlity and Supply, Flourl Contrnl, Rjv+r and Coastal
Frotcclion Bond ¡\cl o12006, fldd trnrrndficnlli ther(llo, ¡lnd;
Jili I't' IÍURTIlf:It IIE¡^OI.,VElt'I'tt/rT tl¡c (;luir of the lVatcr /Utthori(y, or his dr:'îignr:c, is hcrchy
¿rulhorized rn <J di rccicct 1o ¡rrcpa6; thr. r¡r:ccssn¡y clata, r:onçllrct investigal ions, [i [e .rucl I applicatiort, arrtl
cx(ru(s Ð grillf frgt¿uflìont rvitlr lhc Cnlitt¡rni¡i Dcparttnent oIW¡rli¡r l(csOurce*.
'l'l{U I(tRIìGOIN(; RIISQLIITÍúN rvus passcd ûn(t ôdolted st a spcci;tl flçerißß of thc l-ltrarit r)i
Dircct<rrs of thc U1i¡rcr Kings fla,lin Lrtcgralod l{cgic,rtll Watcr Þlanageftellt Authoríty rut tlris I 5u' day of
Dcccrubcr. Z{ll 0. by lhr: firllot'ring vote:
AY[fì: I)irer:lof.,ì
^nì]shîrig,
Uc-rla, fllaynr:y, Nicls;i:n, .Il'., Scrrato, Ortlt, Mills, Lìorrttau,
lvloûfrr, Y/uldner, lvtartinÈ?, Ramirez., und Worthlcy
Ì-fClES: I.lorrc
AflSEt'Il: l)irsct'Jrs lta¡rudn, Lujan, Mitcltcll, rr
Är'1'IisT;
Grail,4greeme¿t No. 4 6000097 1 3
Page 44 aÍ44
,ÏEg&ETÀ&W
I, David L. Orrh, Secrctary of'l.lpper Kings Basin Integrated Regional Watcr
Management AuLlrority, h$reby certity that the fbregoing is a full, trus and cotrect copy
oFa Resolution duly adopted at the Special Meeting of the Bomd of Directors of said
Authority duly noticcd and held on the l5th elay of December ?0t0, of which meeting all
of the rnembers of said Board of Directors had due noticc and at whích a rnajority thcreof
wefc pfcscnt.
WITh'ÍESS rny hanrl this l5th day olDceonrber 2A1O.