HomeMy WebLinkAboutState Water Resources Control Board; 2004-04-02; 02-737-550-0PSTAt&&E; CALIFORNIA
Sr"arJDAkD AGREEMENT
SfD 213 (7ev 09/01)
AGREEMENT NUMBER: 02-737-550-0
GRANT NUMBER: WRCP-3903-030
1. This Agreement is entered into between the State Agency and the Contractor named below:
State Water Resources Control Board
Carlsbad Municipal Water District
Agreement is:
of this Agreement is:
part of the Agreement.
STATE AGENCY'S NAME (Hereafter referred lo as Ihe "SWRCB")
CONTRACTORS NAME (Hereafler referred lo a5 'Agency' or "Contradd)
2. The term of this December 6.2001 throuqh March 31.2006
3. The maximum amount $ 5,000,000.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a
EXHIBIT A - SCOPE OF WORK
EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS
EXHIBIT C -GENERAL TERMS AND CONDITIONS (GTC 201)
EXHIBIT D - WATER RECYCLING GRANT SPECIAL CONDITIONS
EXHIBIT E - FINAL PLANS AND SPECIFICATIONS APPROVAL
EXHIBIT F - FINAL PLANS AND SPECIFICATIONS APPROVAL AND WATER RECYCLING
EXHIBIT G - FACILITIES PLAN APPROVAL LETTER
EXHIBIT H - SWRCB SPECIAL TERMS AND CONDITIONS
EXHIBIT I - ELIGIBLE COST OF PROJECT
Five million dollars and no cents
8 pacds)
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4 page(s)
1 page(s)
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52 page(s)
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CONSTRUCTION PROGRAM PLANS AND SPECIFICATIONS APPROVAL FORM
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTORS NAME (if other than an individual, stale whether a corporation. partnership. etc.)
ADDRESS
1635 Faraday Avenue, Carlsbad, CA 92008-7314
STATE OF CALIFORNIA
AGENCY NAME
State Water Resources Control Board %&-
PRINT+ CAME AND ~TLE OF PERSON SIGNING
Bill Brown, Chief, Division of Admioistrative Services
1001 I Street, Sacramento, CA 95814
ADDRESS
California Department of General
Services Use Only
APPR OYE 0 I1
DEPT OF GENERAL SERVICES
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 1 of 8
EXHIBIT A - SCOPE OF WORK
SECTION 1. PROJECT DESCRIPTION.
The Project shall be known as the Phase I1 Encina Basin Water Recycling Program Carlsbad Water
Recycling Facility Construction. The Project generally consists of a new water recycling treatment facility
located at Encina to supply reclaimed water to irrigation customers within the City's service area through a
pipeline distribution system containing storage reservoirs and pumping stations, as described in the Grant
Application from the Agency and the Facilities Plan Approval Letter, Exhibit G of this contract.
SECTION 2. OFFICIAL REPRESENTATIVES.
(A) The SWRCB Water Recycling Program Assistance Coordinator shall be Chief of the Division of
Financial Assistance.
(B) The SWRCB Water Recycling Program Project Manager shall the Chief of the Office of Water
Recycling for administration of the Agreement and shall have authority to make determinations
and findings with respect to any controversy arising under or in connection with interpretation of
the Agreement.
(C) The Agency's Authorized Representative shall be the Public Works Director, or hidher designee,
who shall administer the Agreement and who shall have full authority to act on behalf of the
Agency, including authority to execute disbursement requests. All communications given to the
Agency representative shall be as binding as if given to the Agency.
(D) Either party may change its Official Representative upon written notice to the other party.
SECTION 3. INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE.
(A) This contract incorporates herein, or by reference, the documents listed below. In the event of
any inconsistency in the contract documents, except as otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order:
Exhibit A, Scope of Work.
Exhibit B, Budget Detail and Payment Provisions.
Exhibit I, Eligible Cost of Project.
Exhibit D, Water Recycling Grant Special Conditions.
Exhibit G, Facilities Plan Approval Letter dated December 6, 2001, and any amendments
thereto.
Exhibit F, Final Plans and Specifications Letters (see exhibit for dates) and any
amendments thereto.
Exhibit H, SWRCB Special Terms and Conditions
Exhibit C, General Terms and Conditions (GTC201).
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 2 of 8
EXHIBIT A - SCOPE OF WORK
SECTION 4. GENERAL AGENCY COMMITMENTS.
The Agency accepts and agrees to comply with all terms, provisions, conditions, and commitments of this
Agreement, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and commitments made by the Agency in its application, accompanying documents, and
communications filed in support of its request for financing assistance.
SECTION 5. COMPLETION OF PROJECT
The Agency agrees to expeditiously proceed with and complete construction of the Project in substantial
accordance with Project plans and specifications approved by the SWRCB.
SECTION 6. FEDERAL, STATE, OR OTHER FINANCIAL ASSISTANCE.
If federal, state, or other financial assistance on account of Project costs is made available to the Agency,
the Agency may retain all other funds up to an amount equal to the Agency's local share of Project costs.
Any excess funds received, up to the total amount of State Board grant received, shall be remitted to the
State Board.
SECTION 7. OPERATION AND MAINTENANCE; INSURANCE.
(A) The Agency agrees to properly staff, operate and maintain all portions of the Project during its
useful life in accordance with all applicable state and federal laws, rules and regulations.
(B) The Agency will procure and maintain or cause to be maintained insurance on the System with
responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and
against such risks (including damage to or destruction of the System) as are usually covered in
connection with systems similar to the System. Such insurance may be maintained by the
maintenance of a self-insurance plan so long as any such plan provides for (i) the establishment
by the Agency of a separate segregated self-insurance fund funded in an amount determined
(initially and on at least an annual basis) by an independent insurance consultant experienced in
the field of risk management employing accepted actuarial techniques and (ii) the establishment
and maintenance of a claims processing and risk management program.
(C) In the event of any damage to or destruction of the System caused by the perils covered by such
insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement
of the damaged or destroyed portion of the System. The Agency shall begin such reconstruction,
repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all
costs and expenses in connection with such reconstruction, repair or replacement so that the
same shall be completed and the System shall be free and clear of all claims and liens.
SECTION 8. USEFUL LIFE OF PROJECT
For purposes of this contract, the parties agree that the useful life of the Project begins upon completion of
construction and continues until 50 years thereafter for the pipelines and pump station structures and 20
years for the pumps.
SECTION 9. CONSTRUCTION ACTIVITIES; NOTIFICATIONS; PROTECTION OF
ARCHEOLOGICAL AND HISTORICAL RESOURCES.
(A) The Agency agrees to promptly notify the Division in writing of:
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 3 of 8
EXHIBIT A - SCOPE OF WORK
(1) Any substantial change in scope of the Project. The Agency agrees that no substantial
change in the scope of the Project will be undertaken until written notice of the proposed
change has been provided to the Division and the Division has given written approval for
such change;
Cessation of all major construction work on the Project where such cessation of work is
expected to or does extend for a period of 30 days or more;
Any circumstance, combination of circumstances, or condition, which is expected to or
does delay Completion of Construction for a period of 90 days or more beyond the
estimated date of Completion of Construction previously provided to the Division;
Discovery of any potential archeological or historical resource. Should a potential
archeological or historical resource be discovered during construction of the Project, the
Agency agrees that all work in the area of the find will cease until a qualified archeologist
has evaluated the situation and made recommendations regarding preservation of the
resource, and the Division has determined what actions should be taken to protect and
preserve the resource. The Agency agrees to implement appropriate actions as directed
by the Division; and'
Completion of Construction and Initiation of Operation of the Project.
(2)
(3)
(4)
(5)
SECTION 10. PROJECT ACCESS.
The Agency agrees to insure that the SWRCB, or any authorized representative thereof, will have suitable
access to the Project site at all reasonable times during Project construction and thereafter for the term of
this Agreement.
SECTION 11. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT
The Agency agrees that, except as provided in the Agreement, it will not abandon, substantially
discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the
useful life of the Project without prior written approval of the Division. Such approval may be conditioned
as determined to be appropriate by the Division, including a condition requiring repayment of all or any
portion of all remaining Grant Project Funds covered by this Agreement together with accrued interest and
any penalty assessments which may be due.
SECTION 12. REPORTS.
(A) The Agency agrees to expeditiously provide quarterly progress reports during construction of the
Project, and thereafter during the useful life of the Project, such reports, data, and information as
may be reasonably required by the Division. In addition, the Agency shall immediately advise the
State Board Program Assistance Coordinator of any significant problems arising during the course
of the Construction.
(B) The Agency shall submit to the State Board a Final Project Summary Report within 60 days
following Completion of Construction. The report shall briefly describe the Project as completed,
its features, capacity, current and planned recycled water uses and users, and a cost summary.
(C) The Agency shall submit annual reports to the State Board for a period commencing with
Completion of Construction through one full year after all proposed recycled water users included
in the Project are connected for service (minimum of five years). The first annual report is due on
February 28 following the first complete calendar year of operation and shall cover the period from
the Completion of Construction through the end of the first full calendar year thereafter.
Subsequent annual reports are due by February 28 following the year covered. Completion of
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: W RCP-3903-030
Page 4 of 8
EXHIBIT A - SCOPE OF WORK
Construction is currently scheduled for November 1, 2005. Therefore, the first annual report is
due on February 28, 2007. If the Project construction schedule changes, the initial report due
date may be amended to reflect these changes.
The reports shall be prepared in accordance with the "Water Reclamation Loan Program
Guidelines for Annual Progress Report", dated September 2002, or any successor guidelines.
The reports shall briefly review the operation of the Project during the preceding year, identify
current users and User Contracts, provide monthly Project water deliveries to each user the
amount of fresh/potable water usage off-set by the use of recycled water, and monthly amounts of
water from each source delivered through Project facilities, list the funds received from other State
and Federal agencies for this project during the period by agency, the amount, whether grants or
loans, and a description of the facilities, components, and items the funds were used for; list the
power and maintenance costs associated with the Project for the period, indicate current plans
and programs for use of any Project capacity not under contract, summarize Project financial
experience, describe compliance with any special conditions of this contract, and provide such
other information as may be reasonably required to evaluate Project benefits and use of Project
facilities.
SECTION 13. RECORDS.
(A) Without limitation of the requirement to maintain Project accounts in accordance with generally
accepted accounting principles, the Agency agrees to:
Establish an official file for the Project which shall adequately document all significant
actions relative to the Project;
Establish separate accounts which will adequately and accurately depict all amounts
received and expended on the Project, including all assistance funds received under this
Agreement;
Establish separate accounts which will adequately depict all income received which is
attributable to the Project, specifically including any income attributable to assistance
funds disbursed under this Agreement;
Establish an accounting system which will accurately depict final total costs of the Project,
including both direct and indirect costs;
Establish such accounts and maintain such records as may be necessary for the state to
fulfill federal reporting requirements, including any and all reporting requirements under
federal tax statutes or regulations; and
If Force Account is used by the Agency for any phase of the Project, accounts will be
established which reasonably document all employee hours charged to the Project and
the associated tasks performed by each employee. Indirect Force Account costs may be
paid with prior written approval by the Division of the Agency's indirect cost proposal.
(B) The Agency shall be required to maintain books, records, and other material relative to the Project
in accordance with generally accepted accounting principals. The Agency shall also be required
to retain such books, records, and other material for each subcontractor who performed work on
this project for a minimum of thirty-six years after Project completion. The Agency shall require
that such books, records, and other material shall be subject at all reasonable times to inspection,
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 5 of 8
EXHIBIT A - SCOPE OF WORK
copying, and audit by the SWRCB and by state auditors, or any Authorized Representatives
thereof.
(C) The Agency shall retain its Project records for a minimum of thirty-six years after Project
completion and for such longer period as may be required for the State to fulfill federal reporting
requirements under federal tax statutes and regulations. All Agency records relative to the Project
shall be subject at all reasonable times to inspection, copying and audit by the SWRCB and by
state auditors or any Authorized Representatives thereof.
SECTION 14. FINAL COSTS AND AUDIT
Within 120 days after Completion of Construction, the Agency agrees to provide to the Division a
final cost summary report on the Project. The summary shall include at a minimum, a statement
Total Eligible Project Costs;
The amount of any unexpended Grant Project Funds
The total amount of assistance funds received from all sources and the allocation of those
funds to the Project's costs;
The amount of interest earned, if any, on Grant Project Funds before expenditure on
incurred Project costs. If no interest has been earned, this fact shall be expressly stated.
The report shall be accompanied .by such other financial information as may be
reasonably required by the Division to verify Agency entitlement to assistance, to assure
program integrity of the WRCP. The report shall certify as correct by the duly Authorized
Representative of the Agency that costs attributed to the Project have been incurred in
the amounts and for the purposes represented and that the work or material for which
payment has been requested is satisfactory. Any change in the information supplied shall
be promptly reported to the State Board.
The Division, at its option, may call for an audit of financial information relative to the Project,
where the Division determines that an audit is desirable to assure program integrity or where such
an audit becomes necessary because of federal requirements. Where such an audit is called for,
the audit shall be performed by a Certified Public Accountant independent of the Agency and at
the cost of the Agency. The audit shall be in the form required by the Division.
If after Completion of Construction the total amount of funds from all sources received by the
Agency for the Project, for any portion of the Project, or for engineering, legal, and administrative
costs of the Project exceeds the eligible cost of the Project, any portion of the Project, or the
allowance for engineering, legal, and administrative costs of the Project, then the maximum grant
amount under this contract shall be.reduced by the amount of the excess, and the excess shall be
remitted to the State within 60 days after Completion of Construction. In the event that Grant
Project Funds disbursed to the Agency for construction and allowance exceed the eligible Project
costs incurred by the Agency, or the maximum grant amount specified in this contract, the Agency
shall promptly remit such excess to the State Board within 60 days after Completion of
Construction.
The Agency shall remit to the State Board within 60 days after Completion of Construction all
interest earned by the Agency on Grant Project Funds disbursed to the Agency. The Agency is
not required to pay to the State Board any interest earned on grant funds disbursed by the State
Board to reimburse the Agency for costs already paid by the Agency.
Carlsbad Municipal Water District
Agreement No. : 02-737-550-0
Grant No: W RCP-3903-030
Page 6 of 8
EXHIBIT A - SCOPE OF WORK
(E) Audit disallowances will be returned to the State Board.
SECTION 15. DEFINITIONS.
"Agency" means the Carlsbad Municipal Water District.
"Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help
defray the engineering, legal, and administrative costs of the Project.
"Authorized Representative" means the Mayor of a City, the Chairperson of the County Board of
Supervisors, the Chairperson of the Board of Directors of the Agency, or another duly appointed
representative. For all authorized representatives, a certified original copy of the authorizing resolution that
designates the authorized representative, by title, must accompany any contract, the first payment
request, and any other documents or requests required or allowed under this Agreement.
"Code" means the Internal Revenue Code of 1986, as amended, and any successor provisions and the
regulations of the U.S. Department of the Treasury promulgated thereunder.
"Contractor" means the Carlsbad Municipal Water District.
"Completion of Construction" means the date, as determined by the Division after consultation with the
Agency, that the work of building and erection of the Project is substantially complete.
"Day" means calendar day unless otherwise expressly indicated.
"Division" means the Division of Financial Assistance (formerly Clean Water Programs) of the SWRCB, or
any other segment of the SWRCB authorized to administer the WRCP.
"Eligible Project cost" means, except as otherwise provided, reasonable and necessary Project costs
actually incurred by the Agency in construction of the Project which are otherwise eligible for grant funds
pursuant to state laws, rules, regulations, guidelines, and this contract. Such costs may include, but are
not limited to:
(1 ) Design and construction oosts, and
(2) Project-related engineering, legal and administrative cost.
"Fiscal Year" means the period of twelve months terminating on June 30 of any year, or any other annual
period hereafter selected and designated by the Agency as its Fiscal Year in accordance with applicable
law.
"Force Account" means the use of the Agency's own employees or equipment for construction of the
Project.
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 7 of 8
EXHIBIT A - SCOPE OF WORK
"Ineligible Project cost" means all costs which are not eligible for grant funds pursuant to state laws, rules,
regulations, guidelines, or this contract, even though incurred by the Agency, including those that are
deemed by the State Board to be unreasonable or unnecessary. Such costs include, but are not limited
to:
(1) Facilities planning costs,
(2) Costs of applying for a grant, and
(3) indirect costs of the Agency.
(4) Construction costs incurred prior to issuance of Final Plans and Specification Approval.
(5) Change Orders.
"Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if
notice to proceed is not required, the date of commencement of building and erection of the Project.
"Initiation of Operation" means the date, as determined by the Division after consultation with the Agency,
that operation of the Project is initiated or is capable of being initiated, whichever comes first.
"Grant Project Funds" means any and all funds disbursed to the Agency under this contract.
"Guidelines" means State Board's "Water Recycling Funding Guidelines", dated April 17, 1997.
"Operations and Maintenance Costs" means, , the reasonable and necessary costs paid or incurred by the
Agency for maintaining and operating the System, determined in accordance with generally accepted
accounting principles, including all reasonable expenses of management and repair and all other
expenses necessary to maintain and preserve the System in good repair and working order, and including
all reasonable and necessary administrative costs of the Agency that are charged directly or apportioned
to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the
cost of permits, licenses and charges to operate the System and insurance premiums; but excluding, in all
cases depreciation, replacement and obsolescence charges or reserves thereof and amortization of
intangibles.
"Project Completion" means formal acceptance of the Project by the Agency from the subcontractor.
"Project Costs" means the incurred costs of the Agency which are eligible for financial assistance from the
WRCP under the Statute, which are allowable costs as defined under the Guidelines and which are
reasonable, necessary and allocable by the Agency to the Project under generally accepted accounting
principles.
"Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the
Agency from the ownership or operation of the System, determined in accordance with generally accepted
accounting principles, including all rates, fees and charges (including connection fees and charges) as
received by the Agency for the services of the System, and all other income and revenue however derived
by the Agency from the ownership or operation of the System or arising from the System, and also
including.all income from the deposit or investment of any money in the Enterprise Fund established and
maintained by the SWRCB or any rate stabilization fund, and any refundable deposits made to establish
credit, and advances or contributions in aid of construction.
"State" and "State Board" and "SWRCB" mean the California State Water Resources Control Board.
, Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: W RCP-3903-030
Page 8 of 8
EXHIBIT A - SCOPE OF WORK
"Subcontract" means a written agreement between the Agency and another party and any tier of
agreement thereunder for the furnishing of services, supplies, or equipment necessary to complete the
Project for which this grant was made, including contracts and subcontracts for personal and professional
services, agreements with consultants and purchase orders.
"Subcontractor" means a party to whom a subcontract is awarded.
"System" means all recycled water supply,, transport, treatment, distribution, application, storage and
disposal facilities, including land and easements thereof, owned and/or operated by the Agency, including
the Project, and all other properties, structures or works hereafter acquired and constructed by the Agency
and determined to be a part of the System, together with all additions, betterments, extensions or
improvements to such facilities, properties, structures or works or any part thereof hereafter acquired and
constructed.
"User Agreement" means an agreement whereby the purveyor of recycled water agrees to deliver and a
user agrees to accept recycled water from the purveyor subject to appropriate conditions which may
include, but are not necessarily limited to, volumes, delivery schedules, payments and restrictions on use.
"Users" means the public or private entities that use the recycled water.
"WRCP means the Water Recycling Construction Program.
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: W RCP-3903-030
Page 1 of 2
EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS
SECTION 1. ESTIMATED COST OF PROJECT.
The estimated reasonable cost of the total Project, for grant purposes, at the time of SWRCB Approval,
including associated eligible engineering, legal, and administrative, is thirty six million six hundred forty six
thousand seven hundred dollars and no cents ($36,646,700.00).
SECTION 2. MAXIMUM GRANT AMOUNT AND FINANCING PROVISIONS.
The maximum funding amount under this Agreement is five million dollars and no cents
($5,000,000) from the Water Recycling Construction Program Account. Subject to the conditions
and in accordance with the terms of this Agreement, and subject to the availability of state and
federal funds as provided in Section 2 (C) the SWRCB hereby agrees to provide the Grant Project
Funds. The Agency agrees to pay any and all costs connected with the Project, including, without
limitation, any and all Project costs exceeding the State Board approved grant amount. If the
Grant Project Funds are not sufficient to pay the Project Costs in full, the Agency shall
nonetheless complete the Project and pay that portion of the Project Costs in excess of available
Grant Project Funds, and shall not be entitled to any reimbursement therefor from the SWRCB.
Except as may be otherwise provided in this Agreement, disbursement of Grant Project Funds will
be made as follows:
(1) Upon execution and delivery of this Agreement, the Agency may request immediate
disbursement of any incurred allowance as specified in Exhibit A from the Grant Project
Funds through submission to the SWRCB of the Disbursement Request duly completed
and executed. The allowances will be disbursed promptly upon request after approval of
this Agreement by the State Department of General Services. The Agency may request a
grant allowance for engineering, legal, and administrative costs for the purposes of design
and construction of the Project. The eligible allowance shall be at most 15 percent of the
eligible construction cost of the Project, provided the allowance cannot exceed the actual
costs incurred for the purposes of the allowance or of other purposes associated with the
design or construction of the Project. For purposes of this provision, "construction cost"
means the cost of erecting, installing, placing, altering, remodeling, improving, or
extending facilities, whether accomplished by subcontract or force account. The
allowance will be subject to subsequent adjustment based upon actual construction cost
incurred for the Project, provided, however, that total disbursements to the Agency,
including such allowance, shall not exceed the maximum grant amount specified in this
contract. The allowance provided for herein shall be the total amount allowed under this
contract for engineering, legal, and administrative costs of the Project, regardless of the
actual costs thereof.
(2) Additional Grant Project Funds will be promptly disbursed to the Agency upon receipt of
Disbursement Request duly completed and executed by the Agency for incurred costs
consistent with Exhibit G. All project work under this contract must be completed on or
before March 31, 2006. Final disbursement requests for such work must be submitted by
April 30, 2006.
(3) Disbursement shall not be made more frequently than once a month. The Agency agrees
that it will not request disbursement for any Project Cost until such cost has been incurred
and is currently due and payable by the Agency, although the actual payment of such cost
by the Agency is not required as a condition of disbursement request or before payment
of the eligible invoice amount has been paid to the Project contractors prior to submitting
the progress payment request to the Division. Certification of payments must be
submitted to the Division with each payment request. The Division will then authorize the
. Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 2 of 2
EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS
disbursement of the eligible payment amount. Notwithstanding any other provision of this
Agreement, no disbursement shall be required at any time or in any manner, which is in
violation of or in conflict with federal or State laws, rules, or regulations.
In the event that the Agency fails to disburse grant funds to subcontractors or vendors
within 30 days from receipt of the funds, the Agency shall immediately return such funds
to the State Board. Interest shall accrue on such funds from the date of disbursement
through the date of mailing of funds to the State Board. If the Agency held such funds in
interest-bearing accounts, any interest earned on the funds shall also be due to the State
Board.
(4)
(C) The SWRCB's obligation to disburse any sum to the Agency under any provision of this
Agreement is contingent upon the availability of sufficient funds to permit the disbursements
provided for herein. If sufficient funds are not available for any reason, including but not limited to
failure of the state government to appropriate funds necessary for disbursement of grant amounts,
the SWRCB shall not be obligated to make any disbursements to the Agency under this
Agreement. Nothing in this Agreement may be construed to provide the Agency with a right of
priority for disbursement over any other grant recipient.
SECTION 3. WITHHOLDING OF GRANT DISBURSEMENTS.
(A) The SWRCB may withhold all or any portion of the funds provided for by this Agreement in the
event that:
(1) The Agency has materially violated, or threatens to materially violate, any term, provision,
condition, or commitment of this Agreement; or
(2) The Agency fails to maintain reasonable progress toward completion of the Project.
SECTION 4. FINANCIAL MANAGEMENT SYSTEM AND STANDARDS.
The Agency agrees to comply with federal standards for financial management systems. The Agency
agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit
preparation of reports required by the federal government and tracing of Grant Project Funds to a level of
expenditure adequate to establish that such funds have not been used in violation of federal or state law
or the terms of this Agreement. To the extent applicable, the Agency agrees to be bound by and to
comply with, the provisions and requirements of the federal Single Audit Act of 1984 (Pub. L.98-502)
Office of Management and Budget (OMB) Circular No. A-133, and updates or revisions.
SECTION 5. ACCOUNTING AND AUDITING STANDARDS.
The Agency will maintain separate Project accounts in accordance with generally accepted government
accounting Principles. The contractor shall comply with "Standards for Audit of Governmental
Organizations, Programs, Activities and Functions" promulgated by the U.S. General Accounting Office.
(40 CFR § 35.3135(1).)
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: W RCP-3903-030
Page 1 of 4 EXHIBIT C - GENERAL TERMS AND CONDITIONS (GTC201)
1. APPROVAL
This Agreement is of no force or effect until signed by both parties and approved by the
Department of General Services, if required. Contractor may not commence performance until
such approval has been obtained.
2. AMENDMENT
No amendment or variation of the terms of this Agreement shall be valid unless made in writing,
signed by the parties and approved as required. No oral understanding or Agreement not
incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT
This Agreement is not assignable by the Contractor, either in whole or in part, without the consent
of the State in the form of a formal written amendment.
4. AUDIT
Contractor agrees that the awarding department, the Department of General Services, the Bureau
of State Audits, or their designated representative shall have the right to review and to copy any
records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated. Contractor agrees to
allow the auditor(s) access to such records during normal business hours and to allow interviews
of any employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview staff in any
subcontract related to performance of this Agreement. (GC 8546.7, PCC 101 15 et seq., CCR Title
2, Section 1896).
5. INDEMNIFICATION
Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or
supplying work services, materials, or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES
Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE
The State may terminate this Agreement and be relieved of any payments should Contractor fail
to perform the requirements of this Agreement at the time and in the manner herein provided. In
the event of such termination the State may proceed with the work in any manner deemed proper
by the State. All costs to the State shall be deducted from any sum due the Contractor under this
Agreement and the balance, if any, shall be paid to the Contractor upon demand.
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 2 of 4
EXHIBIT C - GENERAL TERMS AND CONDITIONS (GTC201)
8. INDEPENDENT CONTRACTOR
Contractor, and the agents and employees of Contractor, in the performance of this Agreement,
shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact,
percentage of recycled content, both post consumer waste and secondary waste as defined in the
Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or
products used in the performance of this Agreement, regardless of whether the product meets the
required recycled product percentage as defined in the Public Contract Code, Sections 12161 and
12200. Contractor may certify that the product contains zero recycled content. (PCC 10233,
10308.5, 10354)
10. NON-DISCRIMINATION CLAUSE
During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for employment
because of sex, race, color, ancestry, religious creed, national origin, physical disability (including
HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and
denial of family care leave. Contractor and subcontractors shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such discrimination and
harassment. Contractor and subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et
seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations, are incorporated into this Agreement by reference and made a
part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining or
other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC201 hereby
incorporated by reference and made a part of this Agreement by this reference as if attached
here to.
12. TIMELINESS
Time is of the essence in this Agreement.
13. COMPENSATION
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes,
unless otherwise expressly so provided.
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 3 of 4
EXHIBIT C - GENERAL TERMS AND CONDITIONS (GTC201)
14. GOVERNING LAW
This contract is governed by and shall be interpreted in accordance with the laws of the State of
California.
15. ANTITRUST CLAIMS
The Contractor by signing this agreement hereby certifies that if these services or goods are
obtained by means of a competitive bid, Contractor shall comply with the requirements of the
Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
(1) "Public purchase" means a purchase by means of competitive bids of,goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf
the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
(2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by the bidder for sale
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective
at the time the purchasing body tenders final payment to the bidder. Government Code Section
4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a
monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled
to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the
public body any portion of the recovery, including treble damages, attributable to overcharges that
were paid by the assignor but were not paid by the public body as part of the bid price, less the
expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand,
reassign the cause of action assigned under this part if the assignor has been or may have been
injured by the violation of law for which the cause of action arose and (a) the assignee has not
been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See
Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT
"For any Agreement in excess of $100,000, the Contractor acknowledges in accordance with,
that:
a) The Contractor recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter 8 (commencing with
section 5200) of Part 5 of Division 9 of the Family Code; and
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 4 of 4
EXHIBIT C - GENERAL TERMS AND CONDITIONS (GTC201)
b) The Contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to
the New Hire Registry maintained by the California Employment Development
Department."
17. UNENFORCEABLE PROVISION
In the event that any provision of this Agreement is unenforceable or held to be unenforceable,
then the parties agree that all other provisions of this Agreement have force and effect and shall
not be effected thereby.
18. UNION ORGANIZING
For all contracts, except fixed price contracts of $50,000 or less, the Contractor acknowledges
that:
By signing this agreement Contractor hereby acknowledges the applicability of Government Code
Section 16645 through Section 16649 to this agreement and agrees to the following:
a) Contractor will not assist, promote or deter union organizing by employees performing
work on a state service contract, including a public works contract.
b) No state funds received under this agreement will be used to assist, promote or deter
union organizing.
c) Contractor will not, for any business conducted under this agreement, use any state
property to hold meetings with employees or supervisors, if the purpose of such meetings
is to assist, promote or deter union organizing, unless the state property is equally
available to the general public for holding meetings.
d) If Contractor incurs costs, or makes expenditures to assist, promote or deter union
organizing, Contractor will maintain records sufficient to show that no reimbursement from
state funds has been sought for these costs, and that Contractor shall provide those
records to the Attorney General upon request.
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: W RCP-3903-030
Page 1 of 1
EXHIBIT D
WATER RECYCLING GRANT SPECIAL CONDITIONS
[ X ] None at this time.
[ ] Special condition as follows:
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 1 of 1
EXHIBIT E - FINAL PLANS AND SPECIFICATIONS APPROVAL
Incorporated by reference are the following supporting documents:
Final Plans and Specifications approved by the Division (see Exhibit F for dates), which are the
basis for the construction contract awarded by the Carlsbad Municipal Water District.
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903;030
Page 1 of 52
EXHIBIT F -- FINAL PLANS AND SPECIFICATIONS APPROVAL AND WATER RECYCLING
CONSTRUCTION PROGRAM PLANS AND SPECIFICATIONS APPROVAL FORM.
See the Final Plans and Specifications letters (FP&S) and the Water Recycling Construction Program
Plans and Specification Approval forms (WRCPP&S) listed below:
Project 3903-1 10, the Carlsbad Water Recycling Facility, FP&S letter dated March 21, 2002, and the
WRCPP&S form dated February 28,2002.
Project 3903-120, the Equipment Procurement, FP&S letter dated June 4, 2003, and the WRCPP&S form
dated March 19, 2003.
Project 3903-130, the Recycling Water Distribution System, FP&S letter dated September 3, 2002, and
the WRCPP&S form dated August 24,2002.
Project 3903-1 40, the Aviara Community Park, FP&S letter dated October 1 1, 2002, and the WRCPP&S
form dated September 24, 2002.
Project 3903-150, the Phase I Rancho Santa Fe Road North, FP&S letter dated November 5,2002, and
the WRCPP&S form dated October 31, 2002.
Project 3903-160, the Poinsettia Lane Recycled Water Main, FP&S letter dated January 14,2003, and the
W RCPP&S form dated December 16,2002.
Project 3903-1 70 and 180, the College Boulevard Recycled Water Transmission Mains FP&S letter dated
July 14, 2003, and the WRCPP&S form dated July 14, 2003.
Project 3903-200, the Recycled Water Distribution System FP&S letter dated December 8, 2003, and the
WRCPP&S form dated October 28, 2003.
Project 3903-210, the Bressi Ranch Recycled Water Transmission Main FP&S letter dated October 16,
2003 and the WRCPP&S form dated October 6,2003.
Project 3903-220, the Recycled Water Distribution System FP&S letter dated December 8, 2003 and
W RCPP&S form dated October 30, 2003.
Project 3903-260, the Carlsbad Water Recycling Facility FP&S letter dated September 5. 2003, and the
WRCPP&S form dated August28, 2003.
/,., .
:* State Water Resources Control Board
Division of Clean Water Programs.,
1001 I Street Sacramento, California 95814 - (916) 341-5700 FAX (916) 341-5707
Mailing Address: P.O. Box 94421 2 Sacramento. California 94244-2120 Secretary for lniernet Address: http:/lwww.swrcb.ca.gov Governor
The energy challenge facing California is real. Every Calyornian needs fo rake inunediate action to rrduce rnrrgy consumption.
For a lisr of simple ways you can reduce demand and CUI your energy costs, see our websitr at www.swrcb.ca.gov.
Winston H. Hickox Gray Davis
Environmental
Protection
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-73 14
Dear Mr. Plumr:
FINAL PLANS & SPECIFICATIONS (P&S) APPROVAL AND APPROVAL-TO-AWARD (ATA);
CARLSBAD MUNICIPAL WATER DISTRICT (DISTRICT); SAN DIEGO COUNTY; PHASE 11
ENCINA BASIN WATER RECLAMATION PROGRAM PROJECT (PROJECT); WATER
RECYCLING CONSTRUCTION PROGRAM (WRCP); PROJECT NO. (2-06-3903-1 10
Thank you for submitting the P&S dated February 14,2002, for the District's Project. The Division of
Clean Water Programs (Division) has reviewed the P&S for the District's Project. The District is hereby
authorized to advertise for bids to construct the Project, subject to conditions set forth below and in the
enclosed P&S Approval Form. The District may proceed with bid opening and award of the construction
contract without any additional approval from our office.
During the advertisement period, the District must submit any revisions or addenda to the Final P&S as
approved by this office, including cost estimates of those revisions. It is recommended that the Division
Project Manager's name, given below, be included on the list of plan holders so that this can be done
automatically.
After bid opening and award of the construction contract, please submit to our office the following
information:
1. Copy of the as-advertised plans and specifications. If plans in half-size reductions are available,
please submit one copy even if no changes were made.
2. All addenda issued.
3. A tabulation of all bids received including the engineer's cost estimate.
4. Copy of the lowest responsive, responsible bidder's proposal and, if award was made to other than
the low bidder, a justification for this decision.
5. Copy of any protest received with a description of how the protest was resolved.
6. Copy of the authorization by the District to award the construction contract and a copy of the Notice
to Proceed.
7. Proof of advertisement for bids.
8. Copy of the execufed construction contract.
9. Notice of Award Form (enclosed).
10. Non-Discrimination clause certification signed by Contractor.
11. Legal Opinion and site description certification signed by attorney.
.
Mr. Plummer -2-
Within five working days after the final selection of the contractor, please submit a complete package
including a transmittal letter listing all items enclosed in the submittal.
This package should be sent to:
Mr. Mike Harper, Chief
Financial & Administration Unit
Division of Clean Water Programs
State Water Resources Control Board
1001 I Street, 16th Floor
Sacramento, CA 95814
If the mailing cannot be made, please contact Mr. Harper at (916) 341-5820.
This ATA does not authorize disbursement of loan funds and it does not include other portions of the
project for which separate ATA must be issued. The grant and loan contracts will be processed
following receipt of the above documentation on the construction contract.
If you have any questions on the above, please contact your Project Manager, Mr. Richard Wong at
(9 16) 34 1-58 1 1 or Wongr@cwp.swrcb.ca.gov.
Sincerely,
F. Wayne Pierson, Chief
Engineering Section
Loans & Grants Branch
Enclosures (Notice of Award, P&S Approval Form)
cc: Mr. Brain Kelley
San Diego Regional
Water Quality Control Board
9174 Sky Park Court, Suite 100
San Diego, CA 92123-4340
Mr. Richten Bosch
Black & Veatch
6 Ventura, Suite 3 15
Irvine, CA 926 18
bcc: Diana Robles, DCWP Christopher Stevens, DCWP
Paul Johnston, DCWP Ilene Smith, DCWP
610 1 : L:\OWR\WaterRecycIe\WRCPApprToAwardLtr.doc/28 FEB 0211 9 MAR 02IANNE
California En vironmentai Protection Agency
CLEAN WA4TER PROGRAMS-OFFICE OF WATER RECYCLING (OW)
WATER RECYCLING CONSTRUCTION PROGRAM (WRCP)
PLANS AND SPECIFICATIONS APPROVAL FORM 3-20: 20 b3
Project No. C-06-3903-110 Date Prepared: f February$, 2002
Applicant
Address
Auth. Rep.
~~
6 Venture, Suite 3 15
Irvine, CA 92618
Carlsbad Municipal Water District
1635 Faraday Avenue, Carlsbad, CA 92008-73 14
Mr. William Plummer Engineer 1 Mr. Richten Bosch
Address
Deputy City Engineer
(same as above) Address Black & Veatch
The eligibility determinations and conditions of approval identified below are based on the review
of the:
Final Plans and Specifications received February 14,2002;
The WRCP Application dated December 20,2000;
The Facilities Plan Approval letter dated December 6, 2001.
Phone I (760) 602-2768
I. ELIGIBILITY DETERMINATION AGREEMENT
Phone I (949) 753-0500
The eligibility determination for the bid items shown in the Bid Schedule Volume 1 pages 5 & 6 of
the contract specifications are as follows:
Construction Contract
TitIeNo.
Carlsbad Water Recycling Facility
Contract
Description
APPROVAL BY STATE
Date ; Richard Won:, WRC Engineer, Project Manager
/
Water Recycling, Distribution Pipeline & Pump Station Project
1
2
Mobilization & Preparatory 100%
Sheeting & Shoring 100%
3
4
~ Traffic Control 100%
Carlsbad Water Recycling Facility (See Condition 1) 100%
PLANS AND SPECIFICATIONS APPROVAL F r-;: . I
Date
3 +“. -L
11. CONDITIONS OF APPROVAL
Richard Wong, WRC Engineer. Project Manager
Plans and Specifications for this project are approved with the following conditions:
1. Bid Item #4 excludes the membrane filtration equipment purchase. The membrane equipment,
an element of the Carlsbad Water Recycling Facility, received prior eligibility approval for
equipment procurement by letter dated May 15,200 1. The membrane filtration equipment will
be awarded under a separate contract and is 100% eligible.
2. Necessary insurance directly related to the construction contract and extending throughout the
period of the construction contract will be eligible for WRCP finding. This includes builder
risk insurance, public liabiIity insurance, fire, and project specific insurance. Earthquake
insurance and “Act of God” insurance are ineligible for WRCP funding. Maintenance and
subcontractor bonds are also ineligible.
3. The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
4. Change orders are ineligible.
5. The cost of furniture and other movable furnishings and appliances, architectural specialties, and
artwork are ineligible for WRCP fimding.
6. The review of the P&S is conducted to determine eligibility and for administrative compliance
with the WRCP Guidelines and to assess the likelihood that the project will achieve its water
recycling objectives. Issuance of the P&S Approval does not relieve the District and the design
engineer of their legal liability for the adequacy of the design. The structural, mechanical, and
electrical aspects of the P&S were not reviewed in detail.
9. Issuance of the Final P&S Approval does not guarantee issuance of a WRCP contract. This
approval applies only to the construction contract documents specified above, including addenda
of minor changes issued during the advertisement period. This approval is contingent upon the
award of construction contract by April I, 2002, the sunset date established for the subject
facility. A 90-day extension from the April 1,2002, date may be granted at the request of the
District.
State Water Resources,Control Board
Division of Financial Assistance
Winston H. Hickox
Secretaty for
Environmental
1001 I Street * Sacramento, California 95814 - (916)341-5700
Mailing Address: P.O. Box 9442 I2 * Sacramento, California * 94244-21 20
FAX (916) 341 -5707 Internet Address: http://www.swrcb.ca.gov
Gray Davis
Governor
Profecrion The energy challenge facing California is real Every Californian needs to' take immediate ncrion to reduce energy consumption.
For a list o$simple ivays you can reduce denland and cut your energy costs. see our Web-site at httn:/hvwwswrcb.cn.pov,
JUN-42003
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
163 5 Faraday Avenue
Carlsbad, CA 92008-73 14
Dear Mr. Plummer:
FINAL PLANS AND SPECIFICATION (P&S) APPROVAL AND APPROVAL-TO-AWARD (ATA);
INITIAL LOAN/GRANT CONTRACT AMOUNTS AND LOAN DISBURSEMENT SCHEDULE;
CARLSBAD MUNICIPAL WATER DISTRICT (DISTRICT), SAN DIEGO COUNTY, PHASE II
ENCINA BASIN WATER RECLAMATION PROGRAM, MEMBRANE FILTRATION SYSTEM
EQUIPMENT; WATER RECYCLING CONSTRUCTION PROGRAM (WRCP) PROJECT
NO. 3 903 - 1 20/3 903-03 0
Thank you for submitting the subject bid package dated December 13,2002, identifylng the actual
bid amount for the membrane filtration system equipment of $761,985. The submittal also
included the required documents to veri@ proper bidding procedures. The procurement of the
membrane filtration system equipment was approved on May 15,2001, based on our review of the
P&S submitted in March 2001. The enclosed P&S form will complete the approval process for the
P&S and ATA. This Final P&S and ATA approval does not authorize disbursement of loan or
grant hnds until contracts have been executed, and does not include other portions of the project
for which separate approvals must be issued.
The spreadsheets titled WRCP Allowance Calculations for both the loan and grant portions of the
project are enclosed. The spreadsheets detail the total contract amounts for the project based on
actual eligible construction costs and a fixed 15 percent of total eligible construction costs for the
design and administrative allowances. The Division of Financial Assistance (Division) will prepare
an initial WRCP loan contract (WRCP 3903-1 lo), based on the total eligible loan, in the amount of
$175,257. The District may request reimbursement for allowances incurred, not to exceed
allowance amounts identified in the WRCP loan allowance calculations, after the Department of
General Services (DGS) has executed the loan contract. The final loan amount will be amended, if
necessary, due to changes in construction costs. Also, enclosed is a WRCP Disbursement Schedule
form for the loan contract. Please complete and return the disbursement schedule at your earliest
convenience. This information is needed to prepare the initial loan contract.
at 3914 ' c, Recycled Paper I 1
Mr. William E. Plummer
JUN -4 2003
-2-
For the grant contract portion (WRCP 3903-030), the Division will prepare an initial WRCP grant
contract, based on the total eligible grant, not to exceed the amount of $219,071. The District may
request reimbursement for allowances incurred, not to exceed allowance amounts identified in the
WRCP grant allowance calculation, after DGS has executed the grant contract.
Should you have any questions regarding this determination, please contact your project manager
Mr. Richard Wong at (916) 341-581 1 or Wongr@cwp.swrcb.ca.gov.
Sincerely,
ORIGJNAL SIGNED BY
Shahla Dargahi Farahnak, P.E.
Supervising WRCE
Enclosures (WRCP Allowance Calculations, WRCP Disbursement Schedule)
bcc: Diana Robles, DFA
Eva Kawada, DFA
Lori Casias, DFA
Lisa Femandez, DFA
s:operbper\wongkarIs 1201 trL.docWeb/3 June 2003/ANNE
CaLifornia Environmental Protection Agency
e? Recycled Paper
CALCULATIONS FOR SRF LOAN AND GRANT
City of Carlsbad
WRCP C-06-3903-120 (LOAN) & WRCP C-06-3903-030 (GRANT)
Construction Bid =-I
Eligible Construction Costs =-I
Project No. = WRCP C-06-3903-120 (LOAN)
Max Eligible Loan Amount $761,985 x 75% 4-1
Total Eligible Amount $761,985
Less EPA Funding -$419,092
Less WRCP Grant (25%) -$190,496
Loan Eligible Amount=%15ZJ97] Per Form 259 (Construction Contractor
Spreadsheet).
Eligible 15% Eligible
Construction for Allowances
Eligibility from Spreadsheetlm]I x 15% =
Total Construction + Allowances=ml LOAN
Project No. = WRCP C-06-3903-030 (GRANT)
Total
Eligible 25% of 15% of Construction
Const Cost Construction Costs=Allowances
Enter Eligible Constructionm$761,985lP( 25% $15190,4961 x 15% = -1
Cost from Spreadsheet
Total Grant, Construction +Allowances = $219 070 GRANT a
Total Loan $175,257
Total Grant $219,070
Total Loan & GranI-1
DIVISION OF FINANCIAL ASSISTANCE-OFFICE OF WATER RECYCLING (OWR)
WATER RECYCLING CONSTRUCTION PROGRAM (WRCP)
1
2
PLANS AND SPECIFICATIONS APPROVAL FORM
Present Worth of Membrane Filtration System
Membrane Filtration 100%
0%
~~
Project WRCP-3903-120 Date Prepared: March 19,2003
No.
Applicant Carlsbad Municipal Water District
Address
Auth. Rep. Mr. William Plummer Engineer Mr. Richten Bosch
Address (same as above) Address 6 Venture, Suite 3 15
1635 Faraday Avenue, Carlsbad, CA 92008-73 14
Deputy City Engineer
Irvine, CA 92618
Phone (760) 602-2768 Phone (949) 753-0500
Construction Contract Equipment Procurement
Ti tle/No.
Contract I Membrane Filtration
The eligibility determinations and conditions of approval identified below are based on the review
of the:
The WRCP Application dated December 20,2000;
The Facilities Plan Approval letter dated December 6, 2001;
The Stamped and Signed Plans and Specifications dated March 20,2001;
I. ELIGIBILITY DETERMINATION AGREEMENT
The eligibility determination for the bid items shown in the Bid Schedule on pages 17 of the
contract specifications are as follows:
11. CONDITION OF APPROVAL
Plans and Specifications for this project are approved with the following condition:
1. Issuance of the Final P&S Approval does not guarantee issuance of a WRCP contract. This
approval applies only to the equipment procurement contract documents specified above,
including addenda of minor changes issued during the advertisement period.
Ir APPROVAL BY STATE
Date (Name and Title)
Richard Wong, WKC Engineer i 6-3-2603 r /
State Water Resources Control Board
Division of Clean Water Programs
1001 I Street * Sacramento, California 95814 - (916) 341-5700 FAX (916) 341-5707
Secretary for Internet Address: http://www.swrcb.ca.gov Governor
nte energy challenge facing California is real. Every Calijornian needs to take immediate oction io reduce energy consumption.
For a list of simple ways you can reduce demand and cut yoiv energy costs, see our ivebsite at wluw.sivrcb.ca.gov.
:i 3
Winston H. Hickox
Environmental
Protecrion
Mailing Address: P.O. Box 944212 * Sacramento, California 94244-2120 Gray Davis
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
163 5 Faraday Avenue
Carlsbad, CA 92008-73 14
,
Dear Mr. Plummer:
FINAL, PLANS & SPECIFICATIONS (P&S) APPROVAL AND APPROVAL, TO AWARD (ATA);
CARLSBAD MUNICIPAL WATER DISTRICT (DISTRICT), SAN DIEGO COUNTY; PHASE I1
ENCINA BASIN WATER RECLAMATION PROGRAM PROJECT (PROJECT); WbTER
RECYLING PIPELINE REACH NO. 2 TO “D’ TANK; WATER RECYCLING CONSTRUCTION
(WRC) PROGRAM PROJECT NO. 3903-130
Thank you for submitting the P&S dated August 8,2002 for the District’s Project. The proposed
pipeline reach will be furnished and installed by a private developer as part of the developer’s
street widening project for a housing tract development. The developer will receive
reimbursement from the District and relinquish ownership to the District upon the completion of
construction and receipt of WRC funding.
The Division of Clean Water Programs (Division) has reviewed the P&S for the District’s
Project. The District is hereby authorized to advertise for bids to construct the Project, subject to
conditions set forth below and in the enclosed P&S Approval Form. The District may proceed
with bid opening and award of the construction contract without any additional approval from
our office.
During the advertisement period, the District must submit any revisions or addenda to the Final
P&S as approved by this office, including cost estimates of those revisions. It is recommended
that the Division Project Manager’s name, given below, be included on the list of plan holders so
that this can be done automatically.
After bid opening and award of the construction contract, please submit to our office the
following information:
1. A Copy of the as-advertised plans and specifications. If plans in half-size reductions are
available, please submit one copy even if no changes were made.
2. All addenda issued.
3. A tabulation of all bids received including the engineer’s cost estimate.
Mr. William E. Plummer -2 -
4. A Copy of the lowest responsive, responsible bidder's proposal and, if award was made to
other than the low bidder, a justification for this decision.
5. A Copy of any protest received with a description of how the protest was resolved.
6. A Copy of the authorization by the District to award the construction contract and a copy of
the Notice to Proceed.
7. Proof of advertisement for bids.
8. A Copy of the executed construction contract.
9. Notice of Award Form (enclosed).
10. Non-Discrimination clause certification signed by the Contractor.
1 1. Legal Opinion and site description certification signed by an attorney.
Within five working days after the final selection of the contractor, please submit a complete
package including a transmittal letter listing all items enclosed in the submittal. This package
should be sent to:
Mr. Mike Harper, Chief
Financial & Administration Unit
Division of Clean Water Programs
State Water Resources Control Board
1001 I Street, 16* Floor
Sacramento, CA 95814
If the mailing cannot be made, please contact Mr. Harper at (916) 341-5820.
This ATA does not authorize disbursement of loan funds and it does not include other portions of
the project for which a separate ATA must be issued. The grant and loan contracts will be
processed following receipt of the above documentation on the construction contract.
If you have any questions regarding the above, please contact your Project Manager,
Mr. Richard Wong at (916) 341-581 1 or wongr@cwp.swrcb.ca.gov.
Sincerely,
F. Wayne Pierson, Chief
Southern Engineering Section
Loans and Grants Branch
Enclosures (Notice of Award, P&S Approval Form)
California Environmental Protection Agency
ID. Recycled Paper
Mr. William E. Plummer -2-
cc: Mr. Brian Kelley
San DiegoRegional
Water Quality Control Board
9174 Sky Park Court, Suite 100
San Diego, CA 92123-4340
bcc: Diana Robles, DCWP
Sandy Malos, DCWP
Ilene Smith, DCWP
S:oper\oper\wong\carlp&s 13 O.doc\deb
California Environmental Protection Agency
e3 Recycled Poper
CLEAN WATER PROGRAMS-OFFICE OF WATER RECYCLING (OWR)
WATER RECYCLING CONSTRUCTION PROGRAM (WRCP)
PLANS AND SPECIFICATIONS APPROVAL FORM
Project No.
Applicant
Address
Auth. Rep.
Address
WRCP #3903-130 I Date Prepared: 1 August 24,2002
Carlsbad Municipal Water District
1635 Faraday Avenue, Carlsbad, CA 92008-7314
h4r. William Plummer Engineer PBSJ Engineering
(same as above) Address 175 Calle Magdelena
Suite 101
Phone
The eligibility determinations and conditions of approval identified below are based on the review
of the:
The WRCP Application dated February 14,2002;
The Facilities Plan Approval letter dated December 6,2001.
The Stamped and Signed Plans and Specifications dated August 8,2002.
Encinitas, CA 92024
(760) 602-2768 Phone (760) 753-1 120
I. ELIGIBILITY DETERMINATION AGREEMENT
Install 24 inch steel pipe and appurtenances
Furnish and install shoring
Traffic control
The eligibility determination for the bid items shown in the Bid Schedule on pages 10 of the
see condition 1
100%
100%
see condition 1
100%
see condition 1
contract s
fhd 9 L
1
L .- 2 --_I ~ ~ Richard Wonc. WRC Eneineci /--.&L-- j‘ y /
12
3 I
cifications are as follows:
Mobilization and Preparatory I 100% I
11. BIDITEM
Bid item 2 includes the following:
Pipeline cathodic protection
2,210 ft of 24 inch tape-coated steel pipe;
Four (4) 24 inch class 250 butterfly valves;
Two (2) 4 inch blow-off assembly;
. i (CONTINUATION SHEET)
Project No. WRCP # 3903-130 I Date Prepared: 1 Augllsr 21, 2002
Applicant Carlsbad Municipal Water District
Date
gh6 Za”.:
Plans and Specifications for this project are approved with the following conditions:
(Name and Title) -4-/ I, .-U7 / Richard Wong. WRC Engineer
1.
2.
3.
4.
5.
6.
7.
Eligible to the extent necessary for the installation of the 24 inch pipeline.
Necessary insurance directly related to the construction contract and extending throughout the
period of the construction contract will be eligible for WRCP funding. This includes builder
risk insurance, public liability insurance, fire, and project specific insurance. Earthquake
Insurance and “Act of God” insurance are ineligible for WRCP funding. Maintenance and
subcontractor bonds are also ineligible.
The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
Change orders are ineligible.
The cost of furniture and other movable furnishings and appliances, architectural specialties, and
artwork are ineligible for WRCP funding.
The review of the P&S is conducted to determine eligibility and for administrative compliance
with the WRCP Guidelines and to assess the likelihood that the project will achieve its water
recycling objectives. Issuance of the P&S Approval does not relieve the District and the design
engineer of their legal liability for the adequacy of the design. The structural, mechanical, and
electrical aspects of the P&S were not reviewed in detail.
Issuance of the Final P&S Approval does not guarantee issuance of a WRCP contract. This
approval applies only to the construction contract documents specified above, including addenda
of minor changes issued during the advertisement period. This approval expires six months
after the date shown below if the construction contract has not been advertised.
1 APPROVAL BY STATE
State Water Resources Control Board
Division of Clean Water Programs
Winston H. Hickox
Secretaty for
Environmental
1001 I Street * Sacramento, California 95814 * (916) 341-5700 Gray Davis
Governor Mailing Address P 0 Box 944212 * Sacramento, California - 94244-2120
FAX (916) 341-5707 Internet Address http //www swrcb ca gov
Protection The energy challenge facing Calyornia is real. Every Calijornian needs to take immediate action to reduce energy consumption.
For a list of simple ways you con reduce demand and cut your energy costs, see our Web-site at htlp://www.swrcb.ca.gov.
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-73 14
Dear Mr. Plummer:
FINAL PLANS & SPECIFICATIONS (P&S) APPROVAL AND APPROVAL TO AWARD (ATA);
CARLSBAD MUNICIPAL WATER DISTRICT (DISTRICT), SAN DIEGO COUNTY; PHASE I1
ENCINA BASIN WATER RECLAMATION PROGRAM PROJECT (PROJECT); AVIARA
COMMUNITY PARK RECYCLED WATER MAIN, WATER RECYCLING CONSTRUCTION
(WRC) PROJECT NO. 3903-140
Thank you for submitting the P&S, dated August 19,2002, for the District's Project. The Division of
Clean Water Programs (Division) has reviewed the P&S for the District's Project. The District is hereby
authorized to advertise for bids to construct the Project, subject to conditions set forth below and in the
enclosed P&S Approval Form. The District may proceed with bid opening and award of the construction
contract without any additional approval from our office.
During the advertisement period, the District must submit any revisions or addenda to the Final P&S as
approved by this office, including cost estimates of those revisions. It is recommended that the Division
Project Manager's name, given below, be included on the list of plan holders so that this can be done
automatically.
After bid opening and award of the construction contract, please submit to our office the following
information:
1.
2.
3.
4.
5.
6.
7.
8.
9.
A copy of the As-Advertised P&S. If plans in half-size reductions are available, please submit one
copy; even if no changes were made.
All addenda issued.
A tabulation of all bids received, including the engineer's cost estimate.
A copy of the lowest responsive, responsible bidder's proposal and, if award was made to other than
the low bidder, a justification for this decision.
A copy of any protest received with a description of how the protest was resolved.
A copy of the authorization by the District to award the construction contract and a copy of the
Notice to Proceed.
Proof of advertisement for bids.
A copy of the executed construction contract.
Notice of Award Form (enclosed).
10. Non-Discrimination clause certification signed by Contractor.
11. Legal Opinion and site description certification signed by attorney.
Mr. William E. Plummer - 2- OCT I 1 2002
Within five working days after the final selection of the contractor, please submit a complete package;
including a transmittal letter listing all items enclosed in the submittal. This package should be sent to:
Mr. Mike Harper, Chief
Financial & Administration Unit
Division of Clean Water Programs
State Water Resources Control Board
1001 I Street, 16th Floor
Sacramento, CA 95814
If mailing cannot be made, please contact Mr. Harper at (916) 341-5820.
This ATA does not authorize disbursement of loan funds and does not include other portions of the
Project for which a separate ATA must be issued. The loan contract will be processed following receipt
of the above documentation on the construction contract.
If you have any questions on the above, please contact your Project Manager, Mr. Richard Wong at
(916) 341-581 1 or Wongr@cwp.swrcb.ca.gov.
Sincerely,
ORIGINAL SIGNED BY
F. Wayne Pierson, Chief
Southern Engineering Section
Loans and Grants Branch
Enclosures (Notice of Award, P&S Approval Form)
cc: Mr.Brian Kelley ~
San Diego Regional
Water Quality Control Board
9 174 Sky Park Court, Suite 100
San Diego, CA 92 123-4340
bcc: Diana Robles, DCWP
Sandy Malos, DCWP
Ilene Smith, DCWP
S:2002filingsystern\oper\oper\wong\carlsbad 140.doc\deb
I
California Environmenfal Protection Agency
emg Recycled Paper
CLEAN WATER PROGRAMS-OFFICE OF 15’ATER RECYCLING (OWR)
WATER RECYCLING CONSTRUCTION PROGR4M (WRCP)
PLANS AND SPECIFICATIONS APPROVAL FORM
Project No.
Applicant
Ad dress
Auth. Rep.
Address
Phone
WRCP ## 3903-140 1 Date Prepared: September 24, 2002
Carlsbad Municipal Water District
1635 Faraday Avenue, Carlsbad, CA 92008-73 14
Mr. William Plummer Engineer P&D Consultants
(same as above) Address 8953 Rio San Diego Drive, Suite
610
San Diego California
(760) 602 -2768 Phone (6 19)29 1 - 1475
Construction Contract
Title/No.
Contract
Description
Aviara Community Park
Aviara Community Park Recycled Water Main
I 2
3 Sheeting & Shoring
Lump Sum for Aviara Community Park Reclaimed Water
Main
The eligibility determinations and conditions of approval identified below are based on the review
of the:
0
The WRCP Application dated December 20,2000;
The Facilities Plan Approval letter dated December 6,2001;
The Stamped and Signed Plans and Specifications dated August 19,2002.
100% ( see condition 1)
100% ( see condition 2 )
I. ELIGIBILITY DETERMINATION AGREEMENT
Signature
The eligibility determination for the bid items shown in the Bid Schedule on pages 10 of the
contract suecifications are as follows:
(Name and Title)
kchard Wong, WRC Engineer
7
I PLANS AND SPECIFICATIONS APPROVAL FORM
Project No.
Applicant
r (CONTINUA TION SHEET) I
WRCP # 3903-1h 1 Date Prepared: 1 September 24,2002
Carlsbad Municipal Water District
Date Signa re
iD-?-2o=;! b>b;-z /
11. BID ITEMS
mame and TiUe)
Richard Wong, WRC Engineer
Bid Item 1:
The Aviara community park construction is outside the scope of the WRCP loan funding.
construction will be funded by the District’s capital improvement program.
Bid Item 2 includes the following:
a
e
0
680 fi of 12-inch PVC recycled water main
380 ft of 12-inch steel recycled water main
Two (2) 2-inch blow-off assembly
A 2-inch manual air release assembly
A 2-inch air and vacuum assembly
A 12-inch gate valve
A 12-inch end cap
Five (5) cutoff wall
Traffic control
Furnish and install shoring
Bid Item 3:
Furnish and install shoring to be added through addendum
The park
PLANS AND SPECIFICATIONS APPROVAL FORM
? d rt- r (CONTINUATION SHEET)
Date
(0- q- 7&2
I Applicant I Carlsbad Municiual Water District I
(Name and Title) 1- Richard Wong, WRC Engineer
11. CONDITIONS OF APPROVAL
Plans and Specifications for this project are approved with the following conditions:
1.
2.
3.
4.
5.
Furnish and installation of shoring are eligible provided that it is a separate item to be bid
according to Labor Code Section 6767.
Eligible to the extent necessary for the installation of the recycled water main and separated
through addendum from bid item #2.
The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
Change orders are ineligible.
Issuance of the Final P&S Approval does not guarantee issuance of a WRCP contract. This
approval applies only to the construction contract documents specified above, including addenda
of minor changes issued during the advertisement period. This approval expires six months
after the date shown below if the construction contract has not been advertised.
3/00: L:\OWR\WaterRecycle\WRCPP&SForm.doc
Winston H. Hickox
Secretory for
rvironmental
State Water Resources Control Board
Division of Clean Water Programs
1001 I Street. Sacramento, California 95814. (916) 341-5700
Mailing Address: P.O. Box 944212 * Sacramento, California - 94244-2120
FAX (916) 341-5707 Internet Address: http:Nwww.swrcb.ca.gov
Gray Davis
Governor
Protection The energy challenge facing Calyomia is real. Every Cal$ornian nee& to take immediate action to reduce energy consumption.
For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at htm://www.swcb.cu.gov.
1 Nov-52ap WCETvED
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1 63 5 Faraday Avenue
Carlsbad, CA 92008-73 14
NOV 12 2002
ENGINEERING
DEPARTMENT
Dear Mr. Plummer:
FINAL PLANS AND SPECIFICATIONS (P&S) APPROVAL AND APPROVAL TO AWARD (ATA);
CARLSBAD MUNICIPAL WATER DISTRICT @ISTFUCT), SAN DIEGO COUNTY; PHASE 11
ENCMA BASIN WATER RECLAMATION PROGRAM PROJECT (PROJECT); PHASE I RANCHO
SANTE FE ROAD NORTH, WATER RECYCLING CONSTRUCTION (WRC) PROJECT
NO. 3903-150
. . .: .. ..
The Division of Clean Water Programs (Division) has received the P&S dated September 9,2002, and
the supplemental information transmitted on October 10,2002, for the District's Project. The Division
has reviewed the P&S and the District is hereby authorized to advertise for bids to construct the Project,
subject to conditions set forth below and in the enclosed P&S Approval Form. The District may proceed
with bid opening and award of the construction contract without any additional approval from our office.
During the advertisement period, the District must submit any revisions or addenda to the Final P&S as
approved by this office, including cost estimates of those revisions. It is recommended that the Division
Project Manager's name, given below, be included on the list of plan holders so that this can be done
automatically.
After bid opening and award of the construction contract, please submit to our office the following
information:
1.
2.
B
4.
5.
6.
? a.
9.
A copy of the As-Advertised P&S. If plans in half-size reductions are available, please submit one
copy; even if no changes were made.
All addenda issued.
A tabulation of all bids received, including the engineer's cost estimate.
A copy of the lowest responsive, responsible bidder's proposal and, if award was made to other than
the low bidder, a justification for this decision.
A copy of any protest received with a description of how the protest was resolved.
A copy of the authorization by the District to award the construction contract and a copy of the
I$Si& to Proceed
Pro3 3f aavertisement for bids.
A copy of the executed construction contract.
Notice of Award Form (enclosed).
10. Non-Discrimination clause certification signed by Contractor.
1 1. Legal Opinion and site description certification signed by attorney.
Califarnia Environmental Protection Agency
__~_ ..- -- -- a RegcledPuper -ea ___ - ._ - --____
Mr. William E. Plummer
NOV -5 2002
-2-
Within five working days after the final selection of the contractor, please submit a complete package;
including a transmittal letter listing all items enclosed in the submittal. This package should be sent to:
Mr. Mike Harper, Chief
Financial & Administration Unit
Division of Clean Water Programs
State Water Resources Control Board
1001 I Street, 16th Floor
Sacramento, CA 95814
If mailing cannot be made, please contact Mr. Harper at (916) 341-5820.
This ATA does not authorize disbursement of loan funds and does not include other portions of the
Project for which a separate ATA must be issued. The loan contract will be processed following receipt
of the above documentation on the construction contract.
If you have any questions on the above, please contact your Project Manager, Mr. Richard Wong at
(916) 341-581 1 or Wongr@cwp.swrcb.ca.gov.
F. Wayne Pierso , Chief
Southern Engine 2 ring Section
Loans and Grants Branch
Enclosures (Notice of Award, P&S Approval Form)
cc: Mr.Brian Kelley
San Diego Regional
Water Quality Control Board
9174 Sky Park Court, Suite 100
San Diego, CA 92 123-4340
Califorilia Environmental Protectioiz Agency
CLEAN WATER PROGRAILIS-OFFICE OF WATER RECYCLING (OWR)
WATER RECYCLING CONSTRUCTION PROGRAM (WRCP)
PLANS AND SPECIFICATIONS APPROVAL FORM
Project No.
Applicant
Address
Auth. Rep.
WRCP-#3903- 150
Carlsbad Municipal Water District (CW)
1635 Faraday Avenue, Carlsbad, CA 92008-73 14
Mr. William Plummer, Deputy City Engineer Dokken Engineering
I Date Prepared: I October 3 1,2002
Address
I I I
Engineer
(same as above) Address 9665 Chesapeake Dr., Suite 435
San Diego, CA 92123
Phone I (760) 602-2768
List the eligible items (identify by bid item and schedule):
Phone I (858) 514-8377
The eligibility determinations and conditions of approval identified below are based on the review
of the:
The WRCP Application dated December 20,2000;
The Facilities Plan Approval letter dated December 6,2001;
The Stamped and Signed Plans and Specifications dated September 9,2002;
Supplemental information transmitted on October 10,2002.
Recycled Water Improvements, Olivenhain Municipal Water
Potable Water Improvements (OMWD)
District (OMWD)
I. ELIGIBILITY DETERMINATION AGREEMENT
0%
0%
The eligibility determination for the bid items shown in the Bid Schedule on pages 12 to 28 of the
contract specifications are as follows:
Sewer Improvements, Vallecitos Water District (VWD)
Sewer Improvements, Leucadia County Water District
Recycled Water Distribution System (CMWD)
Schedule
“A”
0%
0%
Schedule
“B”
- ]Date
- it -3/-lcl-L ‘ LC=2’--? /
Schedule
“D”
Schedule
“E”
Schedule
“F’
Schedule
“C”
(Name and Title)
Richard Wong, WRC Engineer
Street Improvements ( CMWD) I 0% I
Project No.
Applicant
WRCP ## 3903-150 I Date Prepared: I October 31,2002
Carlsbad Municipal Water District
c- 1
C-2
c-3
c-4
C-5
C-6
C-7
C-8
c-9
1,668 LF 24-inch Class 250 DIP, Tyton Joint with Ploy-Wrap
540 LF 24-inch Class 250 DIP, Restrained Joint with Ploy-
34 LF 8-inch Recycled Water C 900 Class 150 PVC
1,176 LF 12-inch Potable Water C 900 Class 150 PVC
Piping, Fittings, Couplings, and Connection to Existing 12-
12-inch DIP Piping, Fittings, Couplings, and Connection to
(5) 24-inch Butterfly Valve 100%
(6) 12-inch Resilient Wedge Gate Valve
100%
100%
100%
0%
100%
100%
Wrap
inch Recycled Water Main at Sta. 96+20
Existing 12-inch Recycled Water Main at Mahr Reservoir
100%
100% 8-inch Resilient Wedge Gate Valve
I C-17 7 (2~4 Wire ~ I 100%
C-10
C-1 1
C-12
C-13
Recycled Water Metering Facility Related Piping and I c-18 I Connections to Transmission Mains
(5) 2-inch Irrigation Service 100%
(4) 2-inch Blow Off Assembly
1-inch Air Release and Vacuum Relief Valve
(4) 4-inch Air Release and Vacuum Relief Valve
100%
100%
100%
0%
C-14
C-15
C-16
(2) 4-inch Blowoff Assembly 100%
(2) 12-inch Diameter Insulating Flange Kit 100%
(4) #2 Wire 100%
11. BIDITEMS
C- 19
Bid Item Schedule A:
2,180 LF Add (Deduct) for furnishing 24-inch C-905 Class 100%
235 PVC Pipe in lieu of 24-inch Class 250 Ductile Iron Pipe
The street improvement to Rancho Santa Fe Road is outside the scope of the WRCP loan funding.
The street improvement consists of road widening and realignment will be funded by the District’s
capital improvement program.
Date
ID-- 3 I - 2.~3,) 2.
Bid Items Schedule B and D:
(Name and Title)
Richard Woog. WRC Engineer p L--,
The OMWD recycled water improvements (Schedule B) and Potable water improvements (Schedule
D) are components outside the scope of the WRCP loan funding. Bid items Schedule B and D
entails the expansion and improvements to facilities within OW’S existing service area.
Funding for these items will be provided by OMWD.
I APPROVAL BY STATE I
- Page 2 of 3
Project No.
Applicant
Bid Item Schedule E:
WRCP # 3903-150 Date Prepared: 1 October 3 1,2002
Carlsbad Municipal Water District
The VWD sewer improvement project is outside the scope of the WRCP loan funding. Bid item
Schedule E will be funded by VWD.
/
Date
/0-3/- 2.9‘’~-
Bid Item Schedule F:
(Name and Title)
Richard Wong, WRC Engineer
The LCWD sewer improvement project is outside the scope of the WRCP loan funding. Bid item
Schedule F will be funded by LCWD.
Bid Item Schedule C-4:
The District’s Potable Water system within the phase I Rancho Santa Fe Road is outside the scope
of the WRCP loan funding and is therefore ineligible for loan funding.
Bid Item Schedule C-18:
Since OMWD has been deleted from the District’s listing of recycled water users, provisions for
future connection by OMWD will be ineligible for WRCP loan funding.
1II.CONDITIONS OF APPROVAL
Plans and Specifications for this project are approved with the following conditions:
1. The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
2. Change orders are ineligible.
3. Issuance of the Final P&S Approval does not guarantee issuance of a WRCP contract. This
approval applies only to the construction contract documents specified above, including addenda
of minor changes issued during the advertisement period. This approval expires six months
after the date shown below if the construction contract has not been advertised.
i >*, ’ .’ i. 0 State Water Resources Control Board !
Division of Financial Assistance
Winston H. Hickox
Secretary for Environmental Internet Address: http://www.swrcb.cagov
Protection
1001 I Street - Sacramento, California 95814 * (916) 341-5700 FAX (916) 341-5707
Mailing Address: P.O. Box 944212 * Sacramento, California - 94244-2120
I- a’
The energy challenge facing California is real. Evey Calijornian neea3 to take immediate action to reduce energy consumption
For a list of simple ways you can reduce demand and cut your energy costs, see our website at www.swrcb.cagov.
JAN I 4 2003
%f///Y$--
SURNAME
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1 63 5 Faraday Avenue
Carlsbad, CA 92008-73 14
California Envil;onmental Protection 4gency
Recycled Paper
4-dY
l-14-a 1
Dear Mr. Plummer:
FINAL PLANS & SPECIFICATIONS (P&S) APPROVAL AND APPROVAL TO AWARD
(ATA); CAFZSBAD MUNICIPAL WATER DISTRICT (DISTRICT), SAN DIEGO COUNTY;
PHASE I1 ENCINA BASIN WATER RECLAMATION PROGRAM PROJECT (PROJEET);
POINSETTIA LANE RECYCLED WATER TRANSMISSION MAINS, PROJECT NO.
C-06-3903-160
Thank you for submitting the P&S dated August 8,2002 for the District’s Project. The Division
of Financial Assistance (Division) has reviewed the P&S for the District’s Project. The District
is hereby authorized to advertise for bids to construct the Project, subject to conditions set forth
below and in the enclosed P&S Approval Form. The District may proceed with bid opening and
award of the construction contract without any additional approval from our office.
During the advertisement period, the District must submit any revisions or addenda to the Final
P&S as approved by this ofice, including cost estimates of those revisions. It is recommended
that the Division Project Manager’s name, given below, be included on the list of plan holders so
that this can be done automatically.
After bid opening and award of the construction contract, please submit to our office the
following information:
1.
2.
3.
4.
5.
6.
7.
8.
Copy of the as-advertised plans and specifications. If plans in half-size reductions are
available, please submit one copy even if no changes were macle.
All addenda issued.
A tabulation of all bids received including the engineer’s cost estimate.
Copy of the lowest responsive, responsible bidder’s proposal and, if award was made to other
than the low bidder, a justification for this decision.
Copy of any protest received with a description of how the protest was resolved.
Copy of the authorization by the District to award the construction contract and a copy of the
Notice to Proceed.
Proof of advertisement for bids.
Copy of the executed construction contract.
Gray Davis
Governor
Mr. William E. Plummer -2-
9. Notice of Award Form (enclosed).
10. Non-Discrimination clause certification signed by Contractor.
1 1. Legal Opinion and site description certification signed by attorney.
Within five working days after the final selection of the contractor, please submit a complete
package including a transmittal letter listing all items enclosed in the submittal. This package
should be sent to:
Mr. Mike Harper, Chief
Financial & Administration Unit
Division of Financial Assistance
State Water Resources Control Board
1001 I Street, 16* Floor
Sacramento, CA 95814
If the mailing cannot be made, please contact Mr. Harper at (916) 341-5820.
This ATA does not authorize disbursement of loan funds and it does not include other portions of
the project for which separate ATA must be issued. The loan contracts will be processed
following receipt of the above documentation on the construction contract.
If you have any questions on the above, please contact your Project Manager, Mr. Richard Wong
at (916) 341-581 1 or Wongr@swrcb.ca.gov.
Sincerely,
ORIGINAL SIGNED BY
F. Wayne Pierson, Chief
Southern Engineering Section
Loans and Grants Branch
Enclosures (Notice of Award, P&S Approval Form)
cc: Mr. Brian Kelley
San Diego Regonal Water
Quality Control Board
9 174 Sky Park Court, Suite 100
San Diego, CA 92 123-4340
bcc: Diana Robles, DFA
Sandy Malos, DFA
Ilene Smith, DFA
Lisa Fernandez, DFA
S :oper\oper\wong\carlsbad 160L.doddeb
California Environmental Protection Agency
cff Recycled Paper
-__ -
CLEAN WATER PROGRAMS-OFFICE OF WATER RECYCLING (Om)
WATER RECYCLING CONSTRUCTION PROGRAM (WRCP)
PLANS AND SPECIFICATIONS APPROVAL FORM
Mr. William Plummet-, Deputy City
Engineer
(same as above) Address
Engineer Auth. Rep. Daniel Boyle Engineering
3142 Vista Way, Suite 303
Oceanside, CA 92056
I Address
(760) 602 2768 I Phone Phone I (760) 433-87 10
Construction Contract
TitleINo.
Poinsettia Lane Recycled Water Main
Contract
Description
The eligibility determinations and conditions of approval identified below are based on the review
of the:
The WRCP Application dated December 20,2000;
The Facilities Plan Approval letter dated December 6, 2001;
The Stamped and Signed Plans and Specifications dated August 8,2002.
Water Recycling Distribution Pipeline
I. ELIGIBILITY DETERMINATION AGREEMENT
Schedule
“A”
Schedule
“B”
Schedule
“D”
Schedule
“E’
Schedule
“G”
The eligibility determination for the bid items shown in the Bid Schedule on pages 12 through 33 of
Road Improvements 0%
Domestic Water Mains 0%
Road Improvements (Deductive) 0%
Domestic Water Mains (Deductive) 0%
Additive Items 0%
(Name and Title) ID”‘;- [o- 03 / Richard Wong, Project Manager
*<
PLANS AND SPECIFICATIONS APPROVAL FORM
(CONTINUATION SHEET)
WRC #3903- 160 [ Date Prepared: I December 16,2002
Carlsbad Municipal Water District (CMWD)
C- 1 Exploratory Excavations (pot holding) for Underground
Utilities for Schedules C & F
Schedule C: Recycled Water Distribution System
100%
Date (Name and Title)
f- (0-83 , Richard Wong, Project Manager
L U Page 2 of 4
C-2
1,427 18-inch C-905 Class 165 PVC Recycled Water Main at
c-3 I Zone 550
410 LF 24-inch CML,, Tape-Wrapped and Mortar Coated Steel 100%
Recycled Water Main at Zone 384
100%
I ~~
C-4
C-5
Connection of Existing 24-inch and 18-inch to New 24-inch
Connection of 18-inch C905 PVC to Existing 8-inch and 18-
Recycled Water Main at Zone 384
inch Recycled Water Main for Zone 550 at Poinsettia Lane and
Black Rail Road; Remove Portions of the Existing 18-inch
Steel Pipe at the same intersection for Zone 384
Coated Steel Recycled Water Main to existing 18-inch DIP
Main at Zone 384
C-6 Connection of 24-inch CML, Tape-Wrapped and Mortar
100%
100%
100%
Connection to Existing 1 8-inch Recycled Water Transmission c-7 I Main at Zone 550 Station No. 73+30.47
100%
C-11 I (1) 10-inch Resilient Wedge Gate Valve 1 100%
C-8
C-9
C-10
Connection of 24-inch Steel CML, Tape-Wrapped and Mortar
(4) 24-inch Diameter Butterfly Valve
100%
Coated Recycled Water Main to Existing 10-inch PVC
Recycle Main at Zone 384
(4) 18-inch Diameter Butterflv Valve
100%
100%
C-16 I (1) 2-inch Blow-Off Assembly I 100%
C-12
C-13
C-14
C-15
Connection of 18-inch Main to existing 18-inch PVC at Zone
‘-17 I550
(1) 8-inch Resilient Wedge Gate Valve
(7) 2-inch Manual Air Release Valve Assembly
(4) 2-inch Air Release and Vacuum Relief Valve Assembly
100%
100%
100%
(1) 4-inch Blow-Off Assemblv 100%
I 100%
C-18
C-19
Excavation Safety- Sheeting and Shoring 100%
Traffic Control 100%
I APPROVAL BY STATE I
Project No.
Applicant
Schedule F: Recycled Water Distribution (Deductive)
WRC #3903- 160 I Date Prepared: I December 16,2002
Carlsbad Municipal Water District (CMWD)
F-1 I 214 LF 18-inch C-905 Class 165 PVC Recycled Water Main at I 100%
Zone 550
84+5 1
3/8-inch thick Steel Casing and accessory equipment at STA
Connection of 18-inch C905 PVC Recycled Water Main at Zone IT
100%
100%
Furnish and Install 10-inch Resilient Wedge Gate Valve
Furnish and Install 2-inch Air Release and Vacuum Relief Valve
Assembly
Remove Existing 12-inch Gate Valve, Install Blind Flange on
Existing Tee, and Plug and Abandon Existing 12-inch Recycled
Water Main at STA 73+55
Excavation Safety- Sheeting and Shoring
I 550 to Existing 10-inch Recycled Water Main at Zone 384 I I
100%
100%
100%
100%
F-5
F-6
Date
I- to- 03
F-7
(Name and Title)
--Richard Wong, Project Manager
11. BIDITEMS
Bid Schedules A, B, D, E and G are items related to domestic water main improvements. Since
domestic water facilities improvements are outside the scope of the WRCP, these components will
be funded by the District’s capital improvement program.
Bid Schedule F items are part of the Poinsettia Lane recycled water distribution system located on
private easements. Schedule F bid items are separated from Schedule C so that in the event of a
delay in obtaining easement clearance, bid items in question may be deducted from the total bid.
111. CONDITIONS OF APPROVAL
Plans and Specifications for this project are approved with the following conditions:
1. The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
2. Change orders are ineligible.
APPROVAL BY STATE 1
u Page 3 of 4
Project No.
Applicant
WRC #3903-160 I Date Prepared: I December 16,2002
Carlsbad Municipal Water District (CMWD)
U Page 4 of 4
Date
1- fa- 03
(Name and Title)
Richard Wong, Project Manager
“L Ius ,*’ .. State Water Resources Control Board
Division of Financial Assistance
Winston H. Hickox
Secretory for Environmental Internet Address: http://www.swrcb.ca.gov
Protection
1001 I Street - Sacramento, California 95814 * (916) 341-5700 FAX (916) 341-5707
Mailing Address: P.O. Box 944212 * Sacramento, California 94244-2120
The energy challengefacing California is real. Every Calgornion needs to take immediate action to reduce energy consumption
For o list of simple ways you con reduce demond and cut your energy COSIS. see our website at www.swrcb.ca.gov.
JUL I 4 2003
Gray Davis
Governor
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
163 5 Faraday Avenue
Carlsbad, CA 92008-73 14
Dear Mr. Plummer:
FINAL PLANS AND SPECIFICATIONS (P&S) APPROVAL AND APPROVAL TO AWARD (ATA);
CARLSBAD MUNICIPAL WATER DISTRICT (DISTRICT), SAN DIEGO COUNTY; PHASE I1
ENCTNA BASIN WATER RECLAMATION PROGRAM PROJECT (PROJECT); CANNON
ROADKOLLEGE BOULEVARD RECYCLED WATER TRANSMISSION MAINS; WATER
RECYCLING CONSTRUCTION PROGRAM (WRCP) PROJECT NOS. 3903-1 70 AND 3903- 180
Thank you for submitting the P&S and Addendum No.1 dated June 6, 2003, for the District’s
recycled water pipelines located in Cannon Road and College Boulevard. The proposed pipeline
reaches will be furnished and installed by a private developer as part of the developer’s street
widening project for a housing tract development. The developer will receive reimbursement
from the District and relinquish ownership to the District upon the completion of construction
and receipt of WRCP funding. The June 6,2003, P&S submittal supersedes previous submittals
dated April 2,2003, for WRCP 3903-180 contract and May 12,2003, for WRCP 3903-170
contract.
The Division of Financial Assistance (Division) has reviewed and approved the P&S and
Addendum No. 1 for the District’s Projects. The P&S approval forms are enclosed. The
Addendum No. 1 revises the bid schedule quantities and provides consecutively numbered bid
items. The District may proceed with bid opening and award of the construction contract without
any additional approval from our office.
After bid opening and award of the construction contract, please submit to our office the
following information:
1. A copy of the as-advertised plans and specifications. If plans in half-size reductions are
available, please submit one copy even if no changes were made.
2. A tabulation of all bids received including the engineer’s cost estimate.
3. A copy of the lowest responsive, responsible bidder’s proposal and, if award was made to
other than the low bidder, a justification for this decision.
4. A copy of any protest received with a description of how the protest was resolved.
5. A copy of the authorization by the District to award the construction contract and a copy of
the Notice to Proceed.
Mr. William E. Plummer JUL I 4 2003 -2 -
6. Proof of advertisement for bids.
7. A copy of the executed construction contract.
8. Notice of Award Form (enclosed).
9. Non-Discrimination clause certification signed by the Contractor.
10. Legal Opinion and site description certification signed by an attorney.
Within five working days after the final selection of the contractor, please submit a complete
package including a transmittal letter listing all items enclosed in the submittal. This package
should be sent to:
Mr. Mike Harper, Chief
Financial & Administration Unit
Division of Financial Assistance
State Water Resources Control Board
100 1 I Street, 16"' Floor
Sacramento, CA 95814
If the mailing cannot be made, please contact Mr. Harper at (916) 341-5820.
This ATA does not authorize disbursement of funds and it does not include other portions of the
project for which a separate ATA must be issued. The grant and loan contracts will be processed
following receipt of the above documentation on the subject construction contracts.
If you have any questions regarding the above, please contact your Project Manager,
Mr. Richard Wong at (916) 341-581 1 or wongr@cwp.swrcb.ca.gov.
Sincerely,
ORIGINAL SIGNED BY
VDarrin Polhemus, Chief
Southern Engineering Section
Loans and Grants Branch
Enclosures (Notice of Award, P&S Approval Form)
cc: Mr. Brian Kelley
San DiegoRegional
Water Quality Control Board
9 174 Sky Park Court, Suite 100
San Diego, CA 92123-4340
California Environmental Protection Agency
e3 Recycled Paper
~-
OFFICE OF WATER RECYCLING (OWR)
Project No.
Applicant
Address
Auth. Rep.
Address
WATER RECYCLNG CONSTRUCTION PROGRAM (WRCP)
PLANS AND SPECLFICATIONS APPROVAL, FORM
WRCP-#3903-170 Date Prepared: July 14, 2003
Carlsbad Municipal Water District (CMWD)
1635 Faraday Avenue, Carlsbad, CA 92008-73 14
Mr. William Plummer, Deputy City Engineer O’Day Consultants
Engineer
(same as above) Address 5900 Posteur Court
Phone
1 Suite 100 I i I Carlsbad, CA 92008
(760) 602-2768 Phone (760) 93 1-7700
No. 13
No. 15
No. 17
No. 19
No. 23
No. 24
No. 25
No. 26
No. 30
No. 32
No. 34
The eligibility determinations and conditions of approval identified below are based on the review
of the:
The WRCP Application dated December 20,2000;
The Facilities Plan Approval letter dated December 6,200 1 ;
The Stamped and Signed Plans and Specifications dated September 9,2002;
Supplemental information transmitted on October 10,2002.
105 LF 8-inch Recycle Water Main C1 150
1,625 LF 12-inch Recycle Water Main C1 150
105 LF 8-inch Recycle Water Main C1200
1,675 LF 12-inch Recycle Water Main C1200
(1) 2-inch Water Irrigation Service (w/BFP Reclaim)
(3) 2-inch Water Irrigation Service (w/BFP & 1-inch Meter)
(9) 2-inch Water Irrigation Service (w/BFP & 11/2-inch Meter)
(1) 2-inch Water Irrigation Service (w/ BFP & 2-inch Meter)
(8) 2-inch MAR90 Water Air Release Assembly
(1 0) Water Blow Off 2-inch valve
(2) 8-inch Water Gate Valve
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
I
I. ELIGIBILITY DETERMINATION AGREEMENT
The eligibility determination for the bid items shown in the Bid Schedule on pages 6-4 and 6-4A of
Addendum lof the contract specifications are as follows:
Project No.
Applicant
II. CONDITIONS OF APPROVAL
Plans and Specifications for this project are approved with the following conditions:
WRCP # 3903- 170 Date Prepared: 1 July 14,2003
Carlsbad Municipal Water District
1. The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
I- No. 36 (4) 12-inch Water Gate Valve 100%
No. 39 (2) 8-inch Water End Cap 100%
No. 40 (1) 12-inch Water End Cap 100%
No. 44 (1) Water connect to Existing 12-inch 100%
2. Change orders are ineligible for grant or loan funding,
3. Issuance of the Final P&S Approval does not guarantee issuance of a WRCP contract. This
approval applies only to the construction contract documents specified above, including addenda
of minor changes issued during the advertisement period. This approval expires six months
after the date shown above if the construction contract has not been advertised.
s:oper\oper\wong\carIs 1 70.doc
Project No.
Applicant
Address
Mr. William Plummer. Deputy City
Engineer
(same as above)
Auth. Rep. Engineer Daniel Boyle Engineering
Address 3142 Vista Way, Suite 303
Oceanside, C.4 92058
Address
Construction Contract TitleLNo.
Phone
College Boulevard/Cannon Road Recycled Water
Transmission Mains
OFFICE OF WATER RECYCLING (OWR)
U’ATER RECYCLING CONSTRUCTION PROGRAM (WRCP)
PLANS AND SPECIFICATIONS APPROI’AL FORM
No. 97
No. 98
No. 99
No. 100
No. 101
No. 102
No. 103
No. 104
No. 105
No. 106
I WRCP-#3903- 180
Carlsbad Municipal Water District (CMWD)
j Date Prepared: 1 July 14,2003
Cannon Road Reach “3”
LS 6’ x 6” x60’ Concrete Cap
275LF 8-inch Recycle Water Main PVC C1 235
3,930 LF 16-inch Recycle Water Main C1200
(5) 2-inch Water Irrigation Service
(3) 2-inch (MAR) Water Air Release Assembly
(4) 2-inch Water Air Release Valve
(4) 2-inch Water blow Off Valve
(3) 4-inch Water Blow Off Valve
(3) 8-inch Water Gate Valve
(8) 16-inch Water Butterfly Valve
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100% _-__
Date
e /
(760) 602-2768 I Phone 1 (760) 433-8710
(Name and Title)
Richard Wong. U’RC Engineer
Contract Description 1 Water Recycling Distribution Pipeline
List the eligible items (identify by bid item and schedule):
The eligibility determinations and conditions of approval identified below are based on the review
of the:
0
0
0
The WRCP Application dated December 20,2000;
The Facilities Plan Approval letter dated December 6,200 1 ;
The Stamped and Signed Plans and Specifications dated September 9,2002;
Supplemental information transmitted on October 10,2002.
I. ELIGIBILITY DETERMINATION AGREEMENT
The eligibility determination for the bid items shown in the Bid Schedule on pages 6-4D and 6-4E
of Addendum 1 of the contract specifications are as follows:
PLANS AND SPECIFICATIONS APPROVAL FORM
Project No. MCP # 3903-1 80 I Date Prepared: July 14,2003
Applicant Carlsbad Municipal Water District
“I
J
L (CONTINUATION SHEET)
No. 108
No. 109
No. 110
(1) 8-inch Water End Cap (w/2-inch Blow Off)
(1) Water Connect to Existing 24-inch pipeline
100%
100%
College Boulevard Reaches B & C
LS 6’ x 6’’ x 50’ Concrete Cap
105 LF 8-inch Main PVC C1 150
105 LF 12-inch Main PVC (21200
2,300 LF 16-inch Main PVC C1235
(4) 2-inch Water Service
(1) 1 ?4 Water Service
(3) 2-inch MAR Water Air Release Assembly
(3) 2-inch Water Blow off
No. 111
No. 112
No. 113
100%
100%
100%
100%
100%
100%
100%
100%
No. 114
No.115
No. 116
No. 117
(2) 8-inch Water Gate Valve
(1) 12-inch Water Gate Valve
(5) 16-inch Water Butterfly Valve
(1) 8-inch Water End Cap (w/2-inch MAR)
(1) 8-inch Water End Cap (w/2-inch Blow Off)
(1) 16-inch Water End Cap (w/2-inch Flushing Valve)
(1) Water Connect to Existing 14-inch Pipeline
LS Furnish PerfonnancePayment Bond
No. 118
100%
100%
100%
100%
100%
100%
100%
100%
~~~ ~ ~~ Date Signatllre
/-/
No. 119
NO. 120
No. 121
No. 122
No. 123
No. 124
No. 125
No. 126
O*Jame and Title)
Richard Wong, WRC Engineer
1I.CONDITIONS OF APPROVAL
Plans and Specifications for this project are approved with the following conditions:
1.
2.
3.
The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
Change orders are ineligible for loan or grant funding.
Issuance of the Final P&S Approval does not guarantee issuance of a WRCP contract. This
approval applies only to the construction contract documents specified above, including addenda
of minor changes issued during the advertisement period. This approval expires six months
after the date shown above if the construction contract has not been advertised.
APPROVAL BY STATE
Terry Tarnminen
Secreiacf/or
Environitienfa(
Proiection
State Water Resources Control Board
Division of Financial Assistance
1001 I Street * Sacramento, California 95514 - (916) 341-5700
Mailing Address: P.O. Box 9142 I? - Sacramento, California - 94244-2120
FAX (916) 331 -5707 - internet Address. htrp:/iw.svxcb.cs.gov
Arnold Schwarzenegger
Governor
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1635 Faraday Avenue '
Carlsbad, CA 92008-73 14
Dear Mr. Plummer:
FINAL PLANS AND SPECIFICATIONS (P&S) APPROVAL AND APPROVAL-TO-AWARD (ATA);
CARLSBAD MUNICJPAL WATER DISTRICT (DISTRICT); PHASE 11 ENCINA BASIN WATER
RECLAMATION PROGRAM PROJECT (PROJECT); ALGA ROAD, POINSETTIA LANE, AND
MELROSE DRIVE RECYCLED WATER MAINS; WATER RECYCLING CONSTRUCTION
PROGIWM (WRCP) PROJECT NO. 3903-200
Thank you for submitting the Final P&S dated July 9,2003, for the District's Project. The Division of
Financial Assistance (Division) has reviewed the P&S for the District's Project. The District is hereby
authorized to advertise for bids to construct the Project, subject to conditions set forth below and in the
enclosed P&S Approval Form. The District may proceed with bid opening and award of the construction
contract without any additional approval from our office.
During the advertisement period, the District must submit any revisions or addenda to the Final P&S as
approved by this ofice, including cost estimates of those revisions. It is recommended that the Division
Project Manager's name, given below, be included on the list of plan holders so that this can be done
automatically.
After bid opening and award of the construction contract, please submit to our office the following
information:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
A copy of the As-Advertised P&S. If plans in half-size reductions are available, please submit one
copy even if no changes were made.
All addenda issued.
A tabulation of all bids received, including the engineer's cost estimate.
A copy of the lowest responsive, responsible bidder's proposal and, if award was made to other
than the low bidder, a justification for this decision.
A copy of any protest received with a description of how the protest was resolved.
A copy of the authorization by the District to award the construction contract and a copy of the
Notice to Proceed.
Proof of advertisement for bids.
A copy of the executed construction contract.
Notice of Award Form (enclosed).
Non-Discrimination clause certification signed by Contractor.
Legal Opinion and site description certification signed by attorney.
Dl\'I§IOiS OF FINANCIAL ASSISTANCE-OFFICE OF W'ATER RECYCLING (OW'R)
U ATER RECYCLING CONSTRUCTION PROGRAM (WRCP)
PLANS AND SPECIFICATIONS APPROVAL FORM
Prqject No.
Applicant
Address
Auth. Rep.
Address
Phone
I WRCP-3903-200 I Date Prepared: 1 October 28.2003
Carlsbad Municipal U'ater District (CMWD)
1635 Faraday Avenue, Carlsbad, CA 92008-73 14
Mr. William Plummer, Deputy City
Engineer
(same as above) Address Boyle Engineering
Engineer Ms. Nitta P. Kazi, PE
7807 Convoy Court, Suite 200
San Diego, CA 921 11
(760) 602-2768 Phone (858) 268-8080
The eligibility determinations and conditions of approval identified below are based on the review
of the:
The WRCP Application dated December 20,2000;
The Facilities Plan Approval letter dated December 6,2001 ;
The Stamped and Signed Plans and Specifications dated July 9,2003.
I 1 & 2 Mobilization and Construction Scheduling
j Erosion and water polIution control
15 I 2,680 12-inch PVC CL-150 recycle water main
-__-. 6 70 LF 12-inch PVC CL-200 recycle water main
-___ 7 370 LF 12-inch ductile iron CL-350 pipe
____- 9 j 9,222 LF 30-inch welded steel pipe CML 1 (4) 2-inch blow-off assembly
I , . (1) 1-inch manual air release valve and assembly
1 c---- 13 1 (6) '-inch manual air release valve and assembly
L+ _-._.___~ I 67 LF 8-inch PVC CL-150 water main
8 __ ic 260 LF 24-inch welded steel pipe casing CML
10
4-inch blow-off assembly
+---
I. ELIGIBILITY DETERMINATION AGREEMENT
~~~ 100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
The eligibility determination for the bid items shown in the Bid Schedule on pages 10 through 13 of
the contract specifications are as follows:
r I 14 (14) '-inch combinatioin air-release and vacuum valve
'L 15 (1) 8-inch CL 125 gate valve and assembly I 1 (2) 12-inch CL i25 gate valve and assembi ,e--! (1) 12-inch CL 200 gate valve and assemblc
100%
100%
i GiI%
100%
Dace
W-\V,\eo3
(Name and Title)
I ----Richard Wong, WRC Engineer
-7 I
Applicant
PLANS AND SPECIFICATIONS APPROVAL FORM ‘1
Carlsbad Municipal Water District (CMWD)
19 i (9) Cathodic protection test station with 2 anodes i 100%
1 18 1 (5) 30-inch CL 150 butterfly valve and assembly I 100% 1
I 20 1 3,900 LF curb, gutter, and sidewalk replacement
i Traffic control t A- ;: i Sheeting and shoring
I 23 ! 800 CY over excavation and rock refill
(see condition 1)
100%
100%
(see condition 2)
1.
2.
3.
4.
5.
6.
11. CONDITIONS OF APPROVAL
Curb, gutter, and sidewalk removal and replacement are 100% eligible within the confined area
of Poinsettia Lane pipeline construction.
Excavation and rock refill materials are limited to replacement of roadway disturbed due to the
construction work of the subject contract.
The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
Change orders are ineligible.
The cost of furniture and other movable furnishings and appliances, architectural specialties, and
artwork are ineligible for WRCP funding.
Issuance of the Final P&S Approval does not guarantee issuance of a WRCP contract. This
approval applies only to the construction contract documents specified above, including addenda
of minor changes issued during the advertisement period. This approval expires six months
after the date shown above if the construction contract has not been advertised.
APPROVAL BY STATE
Date
lr-Zq.,Od
Page 2 of 2
. *: ,- State Water Resources Control Board 'i/ Division of Financial Assistance
l@&403
Winston H. Hickox 1001 I Street - Sacramento, California 95814 - (916)341-5700 FAX (916) 341-5707
Secretary for Mailing Address P 0 Box 944212 - Sacramento, California 94244-2120
Environmentaf Internet Address http //www swrcb ca gov
California Envbnmentaf Protection
-\ I *
K. d-C2
Gray Davis
Governor
SURNAME
Protection The energy chalfenge facing Ca(dornia is real Every Calrfornian needs to take immediate action to reduce energy consumption
For a list of simple ways you can reduce demand and cut your energy costs. see our website at WWIV nvrcb ca gov
3
OCT I 6 2003
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1 63 5 Faraday Avenue
Carlsbad, CA 92008-73 14
Dear Mr. Plummer:
FINAL PLANS AND SPECIFICATIONS (PAS) APPROVAL AND APPROVAL TO AWARD (ATA);
CARLSBAD MUNICIPAL WATER DISTRICT (DISTRICT), SAN DIEGO COUNTY; PHASE I1
ENCINA BASIN WATER RECLAMATION PROGRAM PROJECT (PROJECT); BRESSI RANCH
RECYCLED WATER TRANSMISSION MAIN; WATER RECYCLING CONSTRUCTION
PROGRAM (WRCP) PROJECT NOS. 3903-2 10
Thank you for submitting the P&S dated July 29,2003 and Addenda 1 and 2 dated September
15, 2003 and September 29, 2003 respectively for the District's recycled water pipelines located
in Bressi Ranch. The proposed pipeline reaches will be hished and installed by a private
developer as part of the developer's street widening project for a housing tract development. The
developer will receive reimbursement from the District and relinquish ownership to the District
upon the completion of construction and receipt of WRCP funding. Schedules A & B of the
original bid documents were replaced by schedule E of Addendum No. 1. Addendum No. 2,
transmitted by facsimile, replaces bid items 8.10, 8.1 1, 8.16, 8.26, and 8.27 with bid items 1.10,
1.1 1, 1.16, 1.26, and 1.27 respectively.
The Division of Financial Assistance (Division) has reviewed and approved the P&S and
Addenda 1 and 2 for the District's Projects. The Addendum No. 1 revises the bid schedule
quantities and provides consecutively numbered bid items. Addendum No. 1 also extended the
bid opening date. Addendum No. 2 provides clarification and revises bid schedule quantities. The
District may proceed with bid opening and award of the construction contract without any
additional approval from our office. The P&S approval forms are enclosed
After bid opening and award of the construction contract, please submit to our office the
following information:
1. A copy of the as-advertised plans and specifications. If plans in half-size reductions are
available, please submit one copy even if no changes were made.
2. A tabulation of all bids received including the engineer's cost estimate.
3. A copy of the lowest responsive, responsible bidder's proposal and, if award was made to
other than the low bidder, a justification for this decision.
4. A copy of any protest received with a description of how the protest w s resolved. A
Mr. William E. Plummer
5.
6.
7.
8.
9.
10
-2-
A copy of the authorization by the District to award the construction contract and a copy of
the Notice to Proceed.
Proof of advertisement for bids.
A copy of the executed construction contract.
Notice of Award Form (enclosed).
Non-Discrimination clause certification signed by the Contractor.
Legal Opinion and site description certification signed by an attorney.
Within five working days after the final selection of the contractor, please submit a complete
package including a transmittal letter listing all items enclosed in the submittal. This package
should be sent to:
Mr. Mike Harper, Chief
Financial & Administration Unit
Division of Financial Assistance
State Water Resources Control Board
1001 I Street, 16'h Floor
Sacramento, CA 95814
If the mailing cannot be made, please contact Mr. Harper at (916) 341-5820.
This ATA does not authorize disbursement of funds and it does not include other portions of the
project for which a separate ATA must be issued. The grant and loan contracts will be processed
following receipt of the above documentation on the subject construction contracts.
If you have any questions regarding the above, please contact your Project Manager,
Mr. Richard Wong at (91 6) 341 -58 1 1 or wongr@cwp.swrcb.ca.gov.
Sincerely,
ORIGINAL SIGNED BY
Darrin Polhemus, Chief
Southern Engineering Section
Loans and Grants Branch
Enclosures (Notice of Award, P&S Approval Form)
cc: Mr. Brian Kelley
San DiegoRegional
Water Quality Control Board
9 174 Sky Park Court, Suite 100
San Diego, CA 92 123-4340
bcc: Diana Robles, DFA
Sandy Malos, DFA
Ilene Smith, DFA
s:oper\oper\wong\carls2 1 Oadd&p&s.doc\deb
California Environmental Protection Agency
(D Recycled Paper
CLEAN FVATER 1’1~0GK~~MS-OFFICE OF CVATER RECYCLING (OWR)
W A ‘r E K RECYCLING C 0 NST H U CT IO N PROG RA kl ( WRC 1’)
ADDENDUICI APPROVAL FORM AND *cd
\ \-3- 100 3 PUhJS Am S~€C\~\CJq~t.J I JAL F ORM
Applicant
Address
Auth. Rep.
I’roiect No. I C-06-3903-210 I Date PreDared: I October 6.2003
Carlsbad Municipal Water District
1635 Faraday Avenue, Carlsbad, CA 92008-73 14
Mr. William Plummer, Deputy Engineer Boyle Engineer Corporation
City Engineer
(same as above) Address Address 7807 Convoy Court, Suite 200
San Diego, CA 92 1 1 1
Phone
Construction
Contract
Title/No.
(760) 602-2768 Phone I (858) 268-8080
Bressi Ranch Recycled Water
Transmission Main
ADDENDA DESCRIITIONS:
Contract Description
Addendum No. 1 : Added Schedule E to replace Schedules A & B of the original bid documents
to provide revisions to the bid schedule quantities, allowing for consecutively
numbered bid items and extends the bid opening date
Water Recycling Distribution Pipeline
Addendum No. 3:
1
2
Added bid items 1.10, 1.11, 1.16, 1.26, and 1.27 to replace Schedule E bid
items 8.10, 8.1 1, 8.16, 8.26, and 8.27 respectively to provide clarification and
revisions to the bid schedule quantities.
100%’ 100% Addendum does not effect eligibility
100% 100% Addendum does not effect eligibility
ADDENDA APPIIOVAI, AND ELIGIBILITY SUMklARY
Date
10- f q. Loa 1
Addenda Nos1 and 2 are approved. A summary of our Eligibility Determination is shown in the
following table:
Richard Wong, WRC Engineer, Project Manager
s--L/--
I I
‘Terry Tamminen
Secretary for
Environrnenfal
Protection
State Water Resources Control Board
Division of Financial Assistance
Arnold Schwanenegger 1001 I Street *Sacramento, California 95814 .(916) 341-5700
Mailing Address P 0 Box 94421 2 Sacramento, California 94244-2120 Governor FAX (916) 341-5707 * Internet Address http Nwww swcb ca gov
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-73 14
Dear Mr. Plummer:
FINAL. PLANS AND SPECIFICATIONS (P&S) APPROVAL; APPROVAL-TO-AWARD (ATA) AND
APPROVAL TO ADDENDA NOS. 1 & 2; CARLSBAD MUNICIPAL WATER DISTRICT
(DISTRICT); PHASE II ENCINA BASIN WATER RECLAMATION PROGRAM PROJECT
(PROJECT); CARLSBAD WATER RECYCLING FACILITY (CWRF) PIPELINE TO “D” TANK
REACHES 1 AND 3; WATER RECYCLING CONSTRUCTION PROGRAM (WRCP) PROJECT NO.
3903-220
Thank you for submitting the Final P&S dated August 14,2003 and Addenda Nos. 1 & 2 dated October
27and 29,2003, respectively, for the District’s recycled water pipeline reaches Nos. 1 and 3 extending
from CWRF to “D” tank.
The Division of Financial Assistance (Division) has reviewed the P&S and both addenda. Addendum
No. 1 (change of bid opening date) and Addendum No. 2 (provide supplemental information and
clarification to the P&S and minor change to the bid schedule quantities) are approved. The District is
hereby authorized to advertise for bids to construct the Project, subject to conditions set forth below and
in the enclosed P&S Approval Form. The District may proceed with bid opening and award of the
construction contract without any additional approval from our office.
After bid opening and award of the construction contract, please submit to our office the following
information:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
A copy of the As-Advertised P&S. If plans in half-size reductions are available, please submit one
copy even if no changes were made.
All addenda issued.
A tabulation of all bids received, including the engineer’s cost estimate.
A copy of the lowest responsive, responsible bidder‘s proposal and, if award was made to other
than the low bidder, a justification for this decision.
A copy of any protest received with a description of how the protest was resolved.
A copy of the authorization by the District to award the construction contract and a copy of the
Notice to Proceed.
Proof of advertisement for bids.
A copy of the executed construction contract.
Notice of Award Form (enclosed).
Non-Discrimination clause certification signed by Contractor.
Legal Opinion and site description %ertification signed by attorney.
Mr. William E. Plummer -2-
Within five worlung days after the final selection of the contractor, please submit a complete
package; including a transmittal letter listing all items enclosed in the submittal. This package
should be sent to:
Mr. Mike Harper, Chief
Financial & Administration Unit
Division of Financial Assistance
State Water Resources Control Board
1001 I Street, 16" Floor
Sacramento, CA 95814
If mailing cannot be made, please contact Mr. Harper at (916) 341-5820.
This ATA does not authorize disbursement of loan funds and does not include other portions of the
Project for which a separate ATA must be issued. The loan contract will be processed following receipt
of the above documentation on the subject construction contract.
If you have any questions regarding this letter, please contact your Project Manager, Mr. Richard Wong
at (916) 341-581 1 or Wongr@cwp.swrcb.ca.gov.
Sincerely,
ORIGINAL SIGNED BY
Damn Polhemus, Chief
Project Development, Regions 2 & 5
Enclosures (Notice of Award, P&S Approval Form)
cc: Mr.Brian Kelley
San Diego Regional Water
9174 Sky Park Court, Suite 100
San Diego, CA 92123-4340
Quality Control Board
bcc: Diana Robles, DFA
Sandy Malos, DFA
Ilene Smith, DFA
s:oper\oper\wong\carlsbad 220L.doc119 NOV 031 4 Dec 031ANNE
California Environmental Protection Agency
Recycled Paper
DIVISION OF FINANCIAL ASSISTANCE-OFFICE OF WATER RECYCLING (OWR)
WATER RECYCLING CONSTRUCTION PROGRAM (WRCP)
PLANS AND SPECIFICATIONS APPROVAL FORM
(INCLUDE ADDENDA Nos. 1 and 2)
Date I< - v.- ?ooL -
List the eligible items (identify by bid item and schedule):
(Name and Title)
,2Richard Wong., WRC En.cineer
The eligibility determinations and conditions of approval identified below are based on the review
of the:
0
0
0
0
The WRCP Application dated December 20, 2000;
The Facilities Plan Approval letter dated December 6, 2001;
The Stamped and Signed Plans and Specifications dated August 14,2003;
Addendum No. 1 dated October 27,2003;
Addendum No. 2 dated October 29,2003.
I. ELIGIBILITY DETERMINATION AGREEMENT
The eligibility determination for the bid items shown in the Bid Schedule on pages 13 through 20 of
addendum No. 2 of the contract specifications are as follows:
.___
.- .- SCHEDULE __ A-PIPELINE TO “D” TANKS REACH 1
- 1 LS Sheeting, Shoring, Bracing 100%
LS Pressure Reducing Station 100%
LS Csht-of-Way 100%
(4) 14-inchExpansion Joints 100%
-__ LS Mobilization & Construction Scheduling
LS Storm Water Pollution Control
100% (see condition 1)
100% -
___ 6,840 LF 23-inch pipeline WSPA 100%
100% -__-
___ 1,598 LF 12-inch pipeline CL 200 PVC _____--____
Page I of 3
- I,
PLANS AND SPECIFICATIONS APPROVAL FORM
(CONTINIJATION SHEET)
Project No.
Applicant
WRCP #3903-220 I Date Prepared: I October 30,2003
Carlsbad Municipal Water District
1 2,884 LF 12-inch pipeline CL 150 PVC
i 4.613 LF 6-inch DiDeline CL 200 PVC
100%
100%
I 16 I (15) 12-inch gate valve I 100% I
I 12 ! 480 LF pipeline CL 150 PVC ;+..---- c- ____ 13 2,634 LF 4-inch pipeline CL 200 PVC
(4) 24-inch butterfly valves, CL 250
24-inch butterflv valves. CL I50
i
100%
100%
1 OO%
100%
17
19
1 (7) 6-inch gate valve
(10) 4-inch gate valve
(25) 2-inch air release and vacuum valve
100%
100%
100%
1 (22) 2-inch blow-off assembly
(9) 2-inch manual air release assembly
I 25 1 LS Traffic control I 100% 1
100%
100%
1 26 I LS Electrical instrumentation I 100% I
I (34) 2-inch irrigation service
I I-- 1 i
I 1 SCHEDULE B-PIPELINE TO “D” TANKS REACH 3 ______________
100% I 23 ! (10) 4-inch blow-off assembly r 24 1 LSXaffic video detection
I 4 f 285 LF 8-inch pipeline CL 200 PVC I 100% I
100%
100%
1 LS Sheeting and Shoring
; LS Construction Scheduling
?---- I LS Storm Water Pollution Control 13
100%
100%
100%
1 488 LF 8-inch pipeline CL 150 PVC 1 506 LF 6-inch pipeline CL 200
! 1,688 DiDeIine CL 150 PVC
100%
100%
100%
(1) 8-inch gate valve
(5) 6-inch gate valve
(4) 2-inch air release and vacuum valve
11 I (3) 2-inch blow-off assemblv
100%
100%
100%
100%
12
13 LS Traffic Control
1 (7) 2-inch imgation service
I I
100%
100%
!
! SCHEDULE C-ASPHALT PAVEMENT OVERLAY c- I
-
0%
Date
G, .
(Name and Title)
-,Richard Wong, WRC Engineer
Project No.
Applicant
Bid Item Schedule C:
WRCP #3903-220 Date Prepared: I October 30, 2003
Carlsbad Municipal Water District
Asphalt pavement overlay within area of reach 3 is outside the scope of the WRCP loan funding.
The pavement overlay work will be funded by the District’s capital improvement program.
Date (Name and Title)
. /7 cy- (001 /,Richard Wong, WRC Engineer
11. CONDITIONS OF APPROVAL
Plans and Specifications (P&S) for this project are approved with the following conditions:
1. Mobilization and Construction Scheduling will be limited to a maximum eligible amount of
$100,000.00 and $10,000.00 respectively.
2. The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
3. Change orders are ineligible.
4. Issuance of the Final P&S Approval does not guarantee issuance of a WRCP contract. This
approval applies only to the construction contract documents specified above, including addenda
of minor changes issued during the advertisement period. This approval expires six months
after the date shown above if the construction contract has not been advertised.
APPROVAL BY STATE 1
Page 3 of 3
State Water Resources Control Board IC
Division of Financial Assistance
'
Gray Davis
Governor
1001 I Street - Sacramento, California 95814 * (916) 341-5700
Mailing Address P 0 Box 944212 - Sacramento, California * 94244-2120
u
\Vinston H. Hickox
Secretary for
Environrnenfal FAX (916) 341-5707 * Internet Address http //www swrcb ca gov
Protecfion 7he energy challenge facing Calqornia is real. Every Californian nee& to take immediafe acfion to reduce energy consumption.
For a list of simple ways you can reduce demand and cut your energy costs. see our Web-site at httD://www.swrcb.ca.~ov.
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
163 5 Faraday Avenue
Carlsbad, CA 92008-73 14
Dear Mr. Plummer:
FINAL PLANS AND SPECIFICATIONS (P&S) APPROVAL AND APPROVAL TO AWARD (ATA);
CARLSBAD MUNICIPAL WATER DISTRICT (DISTRICT); PHASE I1 ENCINA BASIN WATER
RECLAMATION PROGRAM PROJECT (PROJECT); JOINT USE EFFLUENT FLOW
EQUALIZATION AND WATER RECYCLING PUMPING FACILITY; WATER RECYCLING
CONSTRUCTION PROGRAM (WRCP) PROJECT NO. 3903-260
Thank you for submitting the Final P&S dated July 25,2003, for the District's Project. Specifically, the
Project is jointly funded between the District and the Encina Wastewater Authority. The District's cost
share of the project is eligible for 28.26 percent of total construction cost. The Division of Financial
Assistance (Division) has reviewed the P&S for the District's Project. The District is hereby authorized
to advertise for bids to construct the Project, subject to conditions set forth below and in the enclosed
P&S Approval Form. The District may proceed with bid opening and award of the construction contract
without any additional approval from our office.
During the advertisement period, the District must submit any revisions or addenda to the Final P&S as
approved by this office, including cost estimates of those revisions. It is recommended that the Division
Project Manager's name, given below, be included on the list of plan holders so that this can be done
automat ical I y.
After bid opening and award of the construction contract, please submit to our office the following
information:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
A copy of the As-Advertised P&S. If plans in half-size reductions are available, please submit one
copy even if no changes were made.
All addenda issued.
A tabulation of all bids received, including the engineer's cost estimate.
A copy of the lowest responsive, responsible bidder's proposal and, if award was made to other
than the low bidder, a justification for this decision.
A copy of any protest received with a description of how the protest was resolved.
A copy of the authorization by the District to award the construction contract and a copy of the
Notice to Proceed.
Proof of advertisement for bids.
A copy of the executed construction contract.
Notice of Award Form (enclosed).
Non-Discrimination clause certification signed by Contractor.
Legal Opinion and site description certification signed by attorney.
* CLEAN WATER PROGRAMS-OFFICE OF WATER RECYCLING (OWR)
WATER RECYCLING CONSTRUCTION PROGRAM (WRCP)
PLANS AND SPECIFICATIONS APPROVAL FORM
Phone I (760) 602-2768 Phone I (626) 568-6299
The eligibility determinations and conditions of approval identified below are based on the review
of the:
0
0
0
Final Plans and Specifications received February 14, 2002;
The WRCP Application dated December 20,2000;
The Facilities Plan Approval letter dated December 6, 2001.
Construction Contract
Ti tle/No.
I. ELIGIBILITY DETERMINATION
Carlsbad Water Recycling Facility
The eligibility determination for the bid item shown in the Contract Bid Document on page 28 of
the contract specifications is as follows:
Con tract
Description
Joint Use Effluent Flow Equalization and Carlsbad Water Recycling
Influent Pumping Facility
11. BID CONTRACT DESCRIPTION
Ls
The Lurn Sum bid item include all labor, materials, equipment and services to construct the
following components in accordance with Plans and Specifications:
Effluent How Equalization Basins and Carlsbad Water
Recycling Pumping Facilities Construction
28.26%
(See Conditions 1 and 2)
A below-grade rectangular concrete equalization basin divided into two (2) compartments with a
center feed well and two (2) 42-inch diameter connections to existing pipelines which are
connected to an enclosed concrete channel;
A combined pump station which includes three sets of pumps, a concrete block building for the
Combined Pump Station electrical and control equipment;
APPROVAL BY STATE -
Richard Wong, WEC Engineer, Project Manager Date
S-Lb- 2ool - A v - Page 1 of 3
r
* 1,- , i PLANS AND SPECIFICATIONS APPROVAL FORM
(CONTINUATION SHEET) I
Project No.
Applicant t WRCP C-06-3993-260 I Date Prepared: I August 2s. 2003
Carlsbad Municipal Water District J
111. CONDITIONS OF APPROVAL
Plans and Specifications for this project are approved with the following conditions:
Date
g-Le-Zor3
1.
2.
3.
4.
5.
6.
7.
8.
(Name and Title)
a- WRC
The project is jointly funded between CMWD and Encina Wastewater Authority. CMWD’s
share of the total project cost is not to exceed 28.26 percent of the final bid amount.
The CMWD’s share of the total project cost is fuIly eligible for funding.
Necessary insurance directly related to the construction contract and extending throughout the
period of the construction contract will be eligible for WRCP funding. This includes builder
risk insurance, public liability insurance, fire, and project specific insurance. Earthquake
insurance and “Act of God” insurance are ineligible for WRCP funding. Maintenance and
subcontractor bonds are also ineligible.
The cost of local permits and licenses other than those issued by the District are eligible for
WRCP funding.
Change orders are ineligible.
The cost of furniture and other movable furnishings and appliances, architectural specialties,
and artwork are ineligible for WRCP funding.
The review of the P&S is conducted to determine eligibility and for administrative compliance
with the WRCP Guidelines and to assess the likelihood that the project will achieve its water
recycling objectives. Issuance of the P&S Approval does not relieve the District and the design
engineer of their legal liability for the adequacy of the design. The structural, mechanical, and
electrical aspects of the P&S were not reviewed in detail.
The WRCP contract will be issued after the State Water Resources Control Board has approved
the Preliminary Commitment for the subject project. Issuance of the Final P&S Approval does
not guarantee issuance of a WRCP contract. This approval applies only to the construction
contract documents specified above, including addenda of minor changes issued during the
I APPROVAL BY STATE 1
.
Mr. William E. Plummer -2- SEP - 5 ig)J
Within five working days after the final selection of the contractor, please submit a complete package;
including a transmittal letter listing all items enclosed in the submittal. This package should be sent to:
Mr. Mike Harper, Chief
Financial & Administration Unit
Division of Financial Assistance
State Water Resources Control Board
1001 I Street, 16'h Floor
Sacramento, CA 95814
If mailing cannot be made, please contact Mr. Harper at (916) 341-5820.
This ATA does not authorize disbursement of loan hnds and does not include other portions of the
Project for which a separate ATA must be issued. The loan contract will be processed following receipt
of the above documentation on the subject construction contract.
If you have any questions on the above, please contact your Project Manager, Mr. Richard Wong at
(916) 341-581 1 or Wongr@cwp.swrcb.ca.gov.
Sincerely,
ORIGINAL SIGNED BY
Darrin Polhemus, Chief
Project Development, Regions 2 & 5
Enclosures (Notice of Award, P&S Approval Form)
cc: Mr.Brian Kelley
San Diego Regional
Water Quality Control Board
9174 Sky Park Court, Suite 100
San Diego, CA 92 123-4340
bcc: Diana Robles, DFA
Sandy Malos, DFA
Ilene Smith, DFA
S: 2003filingsystem\oper\oper\wong\carlsbad 260-a.doc\deb
California Environmental Protection Agency
Recycled Paper
YrCH
CYinston H. Hickox
Secretary for
Environmentul
I- I State Water Resources Control Board
Division of Clean Water Programs
1001 I Street, 16" Floor -Sacramento, California 95814 - (916) 341-5700
Mailing Address: 4P.0. Box 944212 Sacramento, California 94244-21 20
Lqy- -
4
FAX (916) 341-5708 Internet Address: http://www.swcb gov
Prorecrion The energy clzallenge facing California is real. Every Californian needs IO rake imwdiate action to reduce energy consumprion
For a lisr of simple wuys you CUJl reduce denlnnd and CUI your energy COSZJ, see our website ut www.mrcb.ca.gov.
DEC 6 2001
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-73 14
Dear Mr. Plummer:
FACILlTIES PLANNING APPROVAL, CARLSBAD MUNICIPAL WATER DISTRICT (DISTRICT),
SAN DIEGO COUNTY, PHASE 11 ENCINA BASIN WATER RECLAMATION PROGRAM
PROJECT (PROJECT), WATER RECYCLING CONSTRUCTION PROGRAM (WRCP), PROJECT
NO. C-06-3903-110
The Division of Clean Water Programs (Division) has reviewed your application and facilities planning
documents dated December 20,2000. The District has requested grant and loan funding to construct the
Encina Basin Water Reclamation Facilities (EBWRF) Phase II through the Office of the Water
Recycling's grant and loan program.
We have reviewed the District's supplemental information provided in response to our comments to the
facilities planning review. The Division hereby approves the concept of constructing the project as
generally described in the Facilities Planning Report and as further described in this letter. Our approval
is based on the following determinations:
1.
2.
3.
4.
The facilities planning documents meet the 1997 water recycling funding guidelines.
The environmental documentation meets the CEQA requirements; the Division's Environmental
Services Unit approved the documents on November 15,2001.
The receipt of an adequate draft revenue program. The draft revenue program was approved on
November 8,200 1.
The receipt of the adopted water conservation plan. The water conservation plan was adopted by
the District in August of 1991.
The estimated eligible cost for the EBWRF Phase II construction is $36,000,000. Enclosure No. 1
provides a cost breakdown of the EBWRF Phase II project.
The State Water Resources Control Board's (SWRCB) loan and grant funding distribution will be as
follows:
Eligible Construction Construction Allowance
Loan Portion Grant Portion Loan Portion Grant Portion
$3 1.65 million $4.35 million $4.75 million $0.65 million
Gray Davis
Governor
T- PLANS AND SPECIFICATIONS APPROVAL FORM
(CONTINUATION SHEET)
Project No. WRCP C-06-3903-260 I Date Prepared: I Augllst 2s. 2003
Applicant Carlsbad Municipal Water District
advertisement period. This approval expires six months after the date shown below if the
construction contract has not been advertised.
APPROVAL BY STATE
Date (Name and Title)
rdWnnP WRC EnPW
Page 3 of 3
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 1 of 10
EXHIBIT G -- FACILITIES PLAN APPROVAL LETTER
See the attached Facilities Plan Approval letter dated December 6, 2001, for the Phase II Encina
Basin Water Reclamation Program.
Mr. William E. Plummer -2- DEC 6 2001
ELIGIBLE PROJECT DESCRIPTION
The EBWRF Phase I, constructed in 1994 through the WRCP, is currently producing a total of 3 mgd of
recycled water from the Meadowlark Water Reclamation Plant (MWRP) and the Gafner Water
Reclamation Plant. The total EBWRF Phase II recycled water supply will be increased from the current
3 mgd to 8 mgd. 1 mgd from MWRP and 4 mgd from CWRF. The MWRP expansion is not being
funded.
The following project components proposed under the Phase II EBWRF will be eligible for WRCP grant
and loan funding:
Carlsbad Water Recycling Facility (CWRF+)
Construction of a 4 mgd advanced tertiary water recycling facility to meet Title 22 requirements.
The advanced tertiary facility utilizes two independently operated systems consisting of granular
media and membrandreverse osmosis filtration processes on a site adjacent to the existing
Encina Wastewater Treatment Plant (EWWTP). The treated water from both filtration processes
will be blended to maintain a total dissolved solids limit not to exceed 1,OOO mg. The
advanced tertiary plant will include an influent pump station, an influent equalization reservoir, a
recycled water storage reservoir, recycled water effluent pump station, sodium hypochlorite
disinfection system, and a plant control building. The influent to the tertiary facility will be
treated effluent from the EWWTP. The following describes the proposed CWRF components
and their corresponding capacities:
Plant comuonents CaDacity Units #of pumps/units
Filters:
Granular Media Filtration 3,000 am
Membranseverse Osmosis 810 f2Pm
Influent:
Influent Pump Station 3,000 @m 4
Equalization Storage Reservoir 3.75 mg
Effluent :
Recycled Water Pump Station 10,Ooo gpm(peak) 4
Recycled Water Storage Reservoir 3.75 mg
ChlorinationDechlorination:
Chlorine Contact Basin 345,000 gal 1 on s
Sodium Hypochlorite system 400 #/day
Solids Handling:
Sludge Thickener 700 @m
California Environmental Protection Agency
~~
nm. Recvcled PaDrr
Mr. William E. Plummer -3- DEC 6 ZMJ
Plant ControVStorarre Facilities:
Chemical storage and feed facilities
Operations Building 4.500 sf
- Canopy over treatment processes and electrical building
Site Improvements:
Avenida Encinas Road improvement,
Site grading, paving, landscaping, yard piping and electrical distribution
Storm water drainage
Recvcled Water Distribution Svstem
The recycled water distribution system within the District’s service area will have four pressure
zones. Each pressure zone is designed around existing water pressure zones and storage
facilities. Each zone is designated by its corresponding elevation in relation to the mean sea
level as follows:
Zone 260, the lowest pressure zone, consists of approximately 780 feet of eight-inch
diameter pipelines servicing the coastal region. Recycled water to this zone is supplied from
the existing Zone 384 through a new pressure reducing station;
Zone 384 ties directly to the recycled water effluent pumping station at the CWRF. It also
incorporates the existing “twin D tanks” (potable make-up water and recycled water supplied
by Gafner WRP). Zone 384 consists of approximately 35,440 feet of four-inch diameter to
24-inch diameter pipelines;
Zone 550, the largest of the four pressure zones, serves higher elevations to the east of Zone
384. The Zone 550 incorporates a new proposed “D’ tank pump station to boost water from
the 384 zone to the 550 zone, and improvements to the Mah~ Storage Reservoir (MSR). It
also includes the Calavera pump station which is a closed loop pumped zone (no storage)
pumping from the 384 zone to the 550 zone. Zone 550 consists of approximately 86,266 feet
of four-inch diameter to 24-inch diameter pipelines; and
Zone 660 is a closed loop pumped zone with no storage provisions. Water supply to Zone
660 will be from Zone 550 through the proposed Bressi 660-booster pump station. Zone 660
consists of approximately 7,320 feet of four-inch diameter and eightdiameter pipelines.
Distribution System Comuonents
Pumu Stations Capacity (mm) No. of Pumps
“D” tank-550 Zone 4,500
Calavera-550 Zone wfiydropneumatic tank 1,600
Bressi-660 Zone w/Hydropneumatic tank 3,200
4
3
4
California Environmental Protection Agency
~ ~~ & Recycled Paper
A
Mr. William E. Plummer -4- DEC 6 2001
3- Pressure Reducing Stations 1- “D’lank site (Zone 550 to Zone 384)
1- Faraday Avenue (Zone550 to Zone 384)
1- Avenida Encinas (Zone 384 to Zone 260)
Mahr Storage Reservoir (MSR)
The MSR is a 54 million-gallon unlined and uncovered earthen basin. The MSR will be used to provide
seasonal and emergency storage to the recycled water distribution system. The proposed improvements
to the MSR include:
0 Dredging, cleaning and fine grading the reservoir bottom
0 Modifying the inflow and outflow structures, and site piping
0 Adding an aerationldestratification system
0 Adding a chlorination system
0
0 Installing a floating cover
Site work improvements including paving the existing access road
ELIGIBLE DESIGN CAPACITY
The eligible CWRF design capacity is 4,480 acre-feet per year (AFY) or 4 MGD. The CWRF design
capacity is based on peak summer recycled water demands and considerations for the recycled water
storage requirement. The original water demand assessment included an estimated potable make up
water requirement of 942 AFY during the peak summer months. However, because the Olivenhain
Municipal Water District is no longer included as a potential recycled water user, potable make up water
will be less than 200 MY.
The District has adopted a mandatory use ordinance requiring the use of recycled water where it is made
available. The District, through a letter dated November 30,2001, stated that the mandatory use
ordinance will be fully enforced upon the completion of the EBWRP Phase II project. Because a
substantial number of potential users are currently using the District’s potable water supply, it is
anticipated that the capacity of CWRF will be fully utilized within a year of facility start-up.
Enclosure No. 2 is a listing of approved users and their corresponding water consumption based on
averaged annual recycled water demand.
INELIGIBLE PROECT ITEMS
Any items that replacehepair facilities that were previously constructed under the Phase I project;
Facilities under construction prior to the issuance of Final Plans and Specifications (P&S)
Approval by the Division;
Costs for project planning;
Costs for loan application;
Costs for land, easements, and rights of way; and
Costs for water recycling retrofits on new or existing facilities.
California Environmental Protection Agency
,i?? Recvcled Pnwr
Mr. William E. Plummer -5- DEC 6 2001
CONDITIONS OF APPROVAL
The facilities planning approval (FPA) is contingent upon the District’s compliance with the conditions
in the grant and loan contracts and substantially meeting the following milestones. Because of the project
magnitude, multiple construction contracts are planned to accommodate construction logistic and
budgetary outlay.
.
PROJECT MlLESTONES DATES
Submit value engineering report 12-21 -200 1
1 1 -26-2002
1 1-26-2002
1 1-26-2002
12-27-2002
6-27-2003
Submit final plans and specifications
Advertise for bids
Award construction contract
Complete construction of ail facilities
Initiate facilities operation
1-1 5-2002
12-29-2002
12-29-2002
12-29-2002
1-30-2003
8- 1 -2003
4- 1-2002
2 - 3 0 - 2 00 3
2-30-2003
2-30-2003
4-28-2003
1 1 -27 -2003
Submit notice(s) of completion and final payment request
Submit Final Project Summary Report, Final Cost Summary
and Final Revenue Program
Project Performance Certification
CONTRACTS
CWRF
“D’ Tank 348-zone pump sta.
Calavera 550-zone pump sta.
Bressi 660-zone pump sta.
Distribution System
Mahr Storage Reservoir
CWRF
“D’ Tank 550-zone
Calavera 550-zone
Bressi 660-zone
Distribution System
Mahr Storage Reservoir
CWRF
“D Tank 550-zone pump sta.
Calavera 550-zone pump sta.
Bressi 660-zone pump sta.
Distribution System
Mahr Storage Reservoir
September 24,2004
October 1,2004
October 24,2004
November 24,2004
October 1,2005
The FPA includes only that project described above and does not include any associated project that may
have been referred to in the grant and loan application or supplemental submittals. CMWD is authorized
to proceed with preparation of P&S for the eligible project. The FPA does not constitute a grant/loan
California Environmental Protection Agency
,jm. Recycled Paper
Mr. William E. Plurnrner -6- DEC 6 2001
offer. Grant and loan offers will be issued after project approval by the SWRCB. CMWD shall not
begin construction prior to Approval-to-Award to preserve project eligibility.
The letter constitutes a Final Staff Division. The Division will request that the State Water Resources
Control Board (SWRCB) make preliminary grant and loan commitments for this project AFTER an
agreement in writing on the eligibility decisions, schedule, and other conditions in this letter has been
received from you. To expedite this process, please notify us immediately in writing if you agree with
this letter, so we can start the process of requesting SWRCB approval for a WRCP grant and loan for
your project.
If you are NOT in agreement, then you must request a Final Division Decision within ten working days
from the date of this letter. Your request should be specific on the items of disagreement and suggest the
exact changes with which you would agree. Please send'the request to:
Ms. Barbara L. Evoy, Chief
Division of Clean Water Program
P.O. BOX 944212
Sacramento, CA 94244-2120
Please contact Mr. Richard Wong at (916) 341-5811 or Wongr@cwp.swrcb.ca.Irov if you have any
questions or comments regarding this letter.
Sincerely,
ORIGINAL SIGNED By E L.'@p $;fJEQ*
-Names D. Kuykendall, Chief
Loans & Grants Branch
Enclosures
cc: San Diego Regional Water
Quality Control Board
9174 Skypark Court, #lo0
San Diego, CA 92123
bcc: Wayne Pierson, DCWP Diana Robles, DCWP
Christopher Stevens, DCWP
Cookie Him, DCWP
Bob Been, DCWP
Ilene Smith, DCWP
RWONG/CARLSF;!.DOC/30 NOV 01/3 DEC 1/4 DEC Ol/ANNE
California Environmental Protection Agency
ENCLOSURE 1
EBWRF PHASE II RECYCLED WATER FACILITIES
AND CAF’ITAL COSTS
FACILITY PROJECT COST
Carlsbad Recycled Water Supply $15,918,300
384-Zone Pipelines
550-Zone Pipelines
660-Zone Pipelines
Twin “D’ Reservoir Pump Station
Bressie Booster Pump Station
Calavera Booster Pump Station
$4,646,700
$10,106,600
$5 78,000
$1,363,700
$724,500
$511,400
Pressure Reduction Stations $255,700
Mahr Reservoir Improvements
Total Project cost
$1,329.600
$35,578,600
ENCLOSURE 2
CARLSBAD MUNICPAL WATER DISTRlCT PHASE II ENCINA BASIN WATER
RECLAMATION PROGRAM WATER USERS
Annual Recycled Water Use (AFY)
Users
Poinsettia Village Shopping Ctr
Carlsbad Municipal Golf
Alto Mira
Poinsettia Shores PA 7 & 8
Marcario Canyon Park
Seacrest
Vista Pacific
Lohf Residential (zone 384)
Kelly Ranch
Carlsbad Research Center
Industrial Center (Fed Ex)
Olympic Resort and Hotel
Safety Center
Zone 19 Park
Calavera Cape
Calavera Villages Q,T,X,Y ,& 2
Carlsbad Airport Center
Lohf Residential (zone 550)
Manzanita Partners
Villages of La Costa (Greens)
Calaveras Park
Zone 5 Park
Robertson Ranch
First year (2005) and each year thereafter
12.8
384.0
50.0
37.5
250.0
7.0
24.0
85.0
54.0
202.2
103.1
14.3
6.0
30.0
22.5
178.0
34.9
180.0
10.0
372.5
47.3
25.0
190.0
Villages of La Costa (Ridge)
Hope Elementary
Calavera Lake School
La Costa Meadows Elementary
Carlsbad Oaks Business Ctr
Raceway Industrial Park
Industrial (Professor's capital)
Church St. Elizabeth
Canillo Ranch Park
Canillo Ranch
Meadowcrest
Meadowlands
Bressi Ranch (zone 384)
Bressi Ranch (zone 660)
' 170.0
10.1
37.5
19.1
228.0
26.3
25.0
10.8
37.0
162.5
8.3
14.0
125.0
275.0
Total 3,469
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 1 of 4
EXHIBIT H - SWRCB SPECIAL TERMS AND CONDITIONS
SECTION 1. STATE REVIEWS AND INDEMNIFICATION.
The parties agree that review or approval of Project plans and specifications by the SWRCB is for
administrative purposes only and does not relieve the Agency of its responsibility to properly plan, design,
construct, operate, and maintain the Project. To the extent permitted by law, the Agency agrees to
indemnify, defend and hold harmless the SWRCB and its officers and employees (collectively,
"Indemnified Persons") against any loss or liability arising out of any claim or action brought against any
Indemnified Persons from and against any and all losses, claims, damages, liabilities or expenses, of
every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way
connected with (1) the System or the Project or the conditions, occupancy, use, possession, conduct or
management of, work done in or about, or the planning, design, acquisition, installation or construction, of
the System or the Project or any part thereof; (2) the carrying out of any of the transactions contemplated
by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any
environmental law (including, without limitation, the Federal Comprehensive Environmental Response,
Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous
Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California
Hazardous Waste Control Law and California Water Code Section 13304, and any successors to said
laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue
statement or alleged untrue statement of any material fact or omission or alleged omission to state a
material fact necessary to make the statements required to be stated therein, in light of the circumstances
under which they were made, not misleading with respect to any information provided by the Agency for
use in any disclosure document utilized in connection with any of the transactions contemplated by this
Agreement. To the fullest extent permitted by law, the Agency agrees to pay and discharge any judgment
or award entered or made against Indemnified Persons with respect to any such claim or action, and any
settlement, compromise or other voluntary resolution. The provisions of this section shall survive the
discharge of the Agency's Obligation hereunder.
SECTION 2. TERMINATION; IMMEDIATE REPAYMENT; INTEREST
(A) This Agreement may be terminated by written notice during construction of the Project, or
thereafter at any time, at the option of the SWRCB, upon violation by the Agency of any material
provision of this Agreement after such violation has been called to the attention of the Agency and
after failure of the Agency to bring itself into compliance with the provisions of this Agreement
within a reasonable time as established by the Division. Termination may occur but not limited to
the following material breaches in this agreement:
(1 ) Inadequate Project Use. Failure of the Agency to obtain necessary User Contracts or to
provide other assurances of use acceptable to the State Board, or failure of the Agency to
take reasonable steps to promote use of Project capacity; or failure to enforce user
agreements; or failure to deliver recycled water at the quantities identified in the Facility Pian
Approval Letter, Exhibit G; or
(2) Contractual Violations. Failure of the Agency, after written notice from the State Board
Program Assistance Coordinator of the nature of the failure, to comply with any material
provisions or conditions of this contract, or
(3) Lack of Local Funding. Failure of the Agency, during construction, to provide the local share
of the Project costs necessary for completion of construction, or failure thereafter to properly
operate or maintain Project facilities.
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: W RCP-3903-030
Page 2 of 4
EXHIBIT H - SWRCB SPECIAL TERMS AND CONDITIONS
(B) In the event of such termination, the Agency agrees, upon demand, to immediately repay to the
SWRCB an amount equal to the grant disbursements received by the Agency, including accrued
interest, and all penalty assessments due. In the event of termination, interest shall accrue on all
amounts due at the highest legal rate of interest from the date that notice of termination is mailed
to the Agency to the date of full repayment by the Agency.
SECTION 3. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS.
In the event that any breach of any of the provisions of this Agreement by the Agency shall result in the
loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of
the state to reimburse the federal government by reason of any arbitrage profits, the Agency shall
immediately reimburse the state in an amount equal to any damages paid by or loss incurred by the state
due to such breach.
SECTION 4. DISPUTES.
(A) Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall
be decided by the Division Chief, or his or her Authorized Representative. The decision shall be
reduced to writing and a copy thereof furnished to the Agency and to the SWRCB's Executive
Director. The decision of the Division shall be final and conclusive unless, within thirty (30)
calendar days after mailing of the Division decision to the Agency, the Agency mails or otherwise
furnishes a written appeal of the decision to the SWRCB's Executive Director. The decision of the
SW RCB's Executive Director shall be final and conclusive unless determined by a court of
competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous
as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any
appeal under this clause, the Agency shall be afforded an opportunity to be heard and to offer
evidence in support of its appeal. Pending final decision of a dispute hereunder, the Agency shall
continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this
Agreement.
(B) This clause does not preclude consideration of legal questions, provided that nothing herein shall
be construed to make final the decision of the SWRCB, or any official or representative thereof,
on any question of law.
SECTION 5. VENUE
The SWRCB and the Agency hereby agree that any action arising out of this Agreement shall be filed and
maintained in the Superior Court in and for the County of Sacramento, California, or in the United States
District Court in and for the Eastern District of California.
SECTION 6. RIGHTS IN DATA.
The Contractor agrees that all data, plans, drawings, specifications, reports, computer programs,
operating manuals, notes, and other written or graphic work produced in the performance of this
Agreement are subject to the rights of the State as set forth in this section. The State shall have the right
to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes
whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may
copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves
a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part
thereof, and to authorize others to do so. (40 CFR 31.34, 31.36)
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 3 of 4
EXHIBIT H - SWRCB SPECIAL TERMS AND CONDITIONS
SECTION 7. INCOME RESTRICTIONS.
The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon)
accruing to or received by the Contractor under this Agreement shall be paid by the Contractor to the
State, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed
by the State under this Agreement.
SECTION 8. PERMITS, SUBCONTRACTING, WAIVER, AND REMEDIES.
(A) The Contractor shall procure all permits and licenses necessary to accomplish the work
contemplated in this Agreement, pay all charges and fees, and give all notices necessary and
incidental to the due and lawful prosecution of the work.
(B) Any subcontractors, outside associates, or consultants required by the Contractor in connection
with the services covered by this Agreement shall be limited to such individuals or firms as were
specifically identified and agreed to during negotiations for this Agreement, or as are specifically
authorized by the SWRCBs Project Representative during the performance of this Agreement.
Any substitutions in, or additions to, such subcontractors, associates, or consultants, shall be
subject to the prior written approval of the SWRCBs Project Representative.
(C) Any waiver of rights with respect to a default or other matter arising under the Agreement at any
time by either party shall not be considered a waiver of rights with respect to any other default or
matter.
(D) Any rights and remedies of the State provided for in this Agreement are in addition to any other
rights and remedies provided by law.
SECTION 9. CONTRACT MODIFICATIONS.
(A) The SWRCB may, at any time, without notice to any sureties, by written order designated or
indicated to be a "contract modification", make any change in the work to be performed under this
Agreement so long as the modified work is within the general scope of work called for by this
Agreement, including but not limited to changes in the specifications or in the method, manner, or
time of performance of work. If the Contractor intends to dispute the change, the Contractor
must, within ten (10) days after receipt of a written "contract modification", submit to the SWRCB
a written statement setting forth the disagreement with the change.
(B) Notwithstanding the above, no modification may be made which in any way alters the provisions of
Exhibit B without formal amendment of this Agreement.
SECTION 10. COMPUTER SOFTWARE.
Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not
be used in the performance of this contract for the acquisition, operation, or maintenance of computer
software in violation of copyright laws.
SECTION 1 1. COMPLIANCE WITH LAWS AND REGULATIONS.
(A) The Agency agrees that it will, at all times, comply with and require its subcontractors to comply
with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without
limitation of the foregoing, the Agency agrees that, to the extent applicable, the Agency will:
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: WRCP-3903-030
Page 4 of 4
EXHIBIT H - SWRCB SPECIAL TERMS AND CONDITIONS
(1) Comply with the provisions of the adopted environmental mitigation plan for the term of the
contract; and
(2) Comply with the SWRCB's "Water Recycling Funding Guidelines" dated April 17, 1997 and
"Policy for Implementing the State Revolving Fund for Construction of Wastewater Treatment
Facilities," adopted February 1995 and amended September 19, 2002.
SECTION 12. SWRCB ACTION; COSTS AND ATTORNEY FEES.
The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation
of any other legal or equitable remedy available to the SWRCB as a result of breach of this Agreement by
the Contractor, whether such breach occurs before or after completion of the Project, and exercise of any
remedy provided by this Agreement by the SWRCB shall not preclude the SWRCB from pursuing any
legal remedy or right which would otherwise be available. In the event of litigation between the parties
hereto arising from this Agreement, it is agreed that the prevailing party shall be entitled to such
reasonable costs and/or attorney fees as may be ordered by the court entertaining such litigation.
SECTION 13. SMALL AND MINORITY-, WOMEN-, AND DISABLED VETERANS-OWNED BUSINESS
PARTICIPATION.
The Agency shall comply with, and require its subcontractors to comply with, applicable federal, state, and
local requirements regarding small business and minority-, women-, and disabled veterans-owned
business enterprises.
SECTION 14. LABOR COMPLIANCE PROGRAM
The Contractor stipulates that it shall comply with the provisions of subdivision (b) of Section 1771.5 of the
California Labor Code. The Contractor further stipulates that it shall conform to the general prevailing rate
of wages applicable to the classes of labor to be used for public works. Pursuant to Section 1770 of the
California Labor Code, the Department of Industrial Relations has ascertained the general prevailing rate
of wages in the county in which the work is to be done, to be as listed in the Department of Transportation
booklet entitled General Prevailing Wage Rates. The booklet is compiled monthly and copies of the same
are available from the Department of Industrial Relations, Prevailing Wage Unit at www.dir.ca.aov (select
Statistics & Research).
SECTION 15. PREVAILING WAGES.
The agency agrees to be bound by all the provisions of State Labor Code Section 1771 regarding
prevailing wages. The Agency shall monitor all subcontracts subject to reimbursement from this loan
contract to ensure that the prevailing age provisions of State Labor Code 1771 are met.
Carlsbad Municipal Water District
Agreement No.: 02-737-550-0
Grant No: W RCP-3903-030
Page 1 of 2
EXHIBIT I - ELIGIBLE COST OF PROJECT
WRCP GRANT ALLOWANCE CALCULATION
CITY OF CARLSBAD WRCP 3903-030
Eligible Construction Costs mzm=i
Grant Eligible Amount (25% of Eligible Construction Costs
Minus Grant Engineering, Legal & Administrative Allowance b4,25o,oiq
15% Engineering , Legal & Administrative Allowance
Sum of Grant Amount + Allowance
1. [-I--> fa- 2 I- ?+d Project Manager