HomeMy WebLinkAbout2002-06-11; Municipal Water District; 533; Agreement with Bureau of Reclamation for Encina Basin Water Reclamation Program Phase IICARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL I -
,B# 533
AGREEMENT WITH THE BUREAU OF RECLAMATION CITY Am.& FOR THE ENCINA BASIN WATER RECLAMATION PROGRAM 1TG. 611 1102
DEPT. HD. f)&'& - TITLE: APPROVE AND AUTHORIZE A COOPERATIVE
IEPT. ENG I CITY MGR. -%? PHASE 11, PROJECT NO. 3675
RECOMMENDED ACTION:
Adopt Resolution No. 1155 to approve and authorize a cooperative agreement with the Bureau of Reclamation for the Encina Basin Water Reclamation Program, Phase 11, Project No. 3675.
ITEM EXPLANATION:
By Resolution No. 1102, dated October 3d, 2000, the Board approved and authorized the Executive Manager to submit an application for a 25 percent project grant from the Bureau of Reclamation (BUREC). The grant application was submitted on November 2, 2000. In a letter dated May 21, 2002, the BUREC authorized the grant and submitted three originals of a
the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 P.L. 102-575, "Cooperative Agreement" for execution by the CMWD. The grant is funded from Section 1615 of
(Title XVI) as amended by the Reclamation Recycling and Water Conservation Act. The CMWD will be awarded a $330,000 grant from BUREC for Federal Fiscal Year 2002 if it signs the agreement. Future fiscal years will contain amendments to award additional grants. Grants are paid afler CMWD submits actual expenses incurred to the BUREC.
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) was prepared for the Phase II project. The Carlsbad City Council approved the MND on January 25, 2000 under Case No. EIA 99-09. The United States Department of the Interior completed their review of the Phase II project for compliance with the National Environmental Policy Act (NEPA) and formally approved the NEPA on March 1, 2002.
FISCAL IMPACT:
The 25 percent project grant, which is approximately $9 million at completion of the project,
expenses by the CMWD. The cooperative agreement calls for the CMWD to fund the remaining is applicable to all costs incurred for the Phase II project including development and administration
the project expenses include a $31 million loan and $5 million grant from the State Water 75 percent of the Phase II project expenses. The funding sources for the remaining 75 percent of
Agency, and local funding. The local funding includes $4.6 million previously appropriated from the Resources Control Board (SWRCB), a $2.2 million grant from the Environmental Protection
Water Capital Replacement Fund for non-eligible project share costs such as change orders, rights-of-way, engineering and retrofit expenses. Additional funding also includes rebates from the Metropolitan Water District of Southern California, and the San Diego County Water Authority.
A cash flow analysis was prepared to provide an estimate of future revenues and operating expenses for the Phase II project including impacts to the "potable" water operations. The results
the operating expenses and to pay back the SWRCB loan. of the cash flow analysis shows that in today's dollars, future revenues will be sufficient to pay for
EXHIBITS:
I. Resolution No. 1155 the Bureau of Reclamation for the Encina Basin Water Reclamation Program, Phase II, to approve and authorize a cooperative agreement with
Project No. 3675.
Program, Phase II, North San Diego County Area Water Recycling Project. 2. Federal Cooperative Agreement No. 02FC350005 for Encina Basin Water Reclamation
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RESOLUTION NO. 1155
A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD)
AGREEMENT WITH THE BUREC FOR THE ENCINA
TO APPROVE AND AUTHORIZE A COOPERATIVE
BASIN WATER RECLAMATION PROGRAM, PHASE 11,
PROJECT NO. 3675.
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District (CMWD) by
Resolution No. 1102 on October 3, 2000, approved and authorized the Executive Manager to
submit an application for a 25 percent project grant to the U.S. Department of the Interior,
Bureau of Reclamation (BUREC) for the Encina Basin Water Reclamation Program, Phase II
Project; and
WHEREAS, on November 2, 2000, the CMWD submitted a grant application to the
BUREC; and
WHEREAS, the BUREC reviewed the application and authorized a cooperative agreement
with CMWD for a 25 percent project grant and submitted the cooperative agreement to the
CMWD in a letter dated May 21, 2002, requesting that the CMWD execute the agreement; and
WHEREAS, the cooperative agreement awards CMWD funding for all facilities in the
Phase II project including CMWDs development and administrative expenses; and
WHEREAS, the cooperative agreement awards the CMWD a maximum grant of $330,000
for Federal Fiscal Year 2002, and subsequent fiscal years will contain additional grants to a total
of approximately $9 million.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Water District of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2. That the Executive Manager or his designee is authorized to execute the
:ooperative agreement with BUREC to accept the Fiscal Year 2002 $330,000 grant for CMWD.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Mater District held on the &&day of JUNE , 2002 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
4TTEST
.ORRAI& ( /$Ld577??”d M. WOOD, Secretary
Page 2 of 2 of Resolution No. 1155 (CMWD)
(SEAL)
ASSISTANCE ID NO.
XP ~ 98s98001 . 0 Page 1
@-%. I U.S. ENVIRONMENTAL DOC ID IAMEND# DATE OF AWARD
' a 1 TYPEOFACTION PROTECTION AGENCY XP - 98998001 - 0
New
MAY 2 2 2002
Advance
MY 3 0 2002
Send Payment Request to:
MAILING DATE
Grant Agreement ACHY PAYMENT METHOD
RECIPIENTTYPE Municipal
RECIPIENT:
Ci of Carisbad
a PAYEE
City of Catisbad
i6k Faraday Ave. Catisbad, CA 92008 Catisbad..CA gMo8
EIN 85-6004783
PROJECT MANAGER
William E. Plummer Martin Zeleznik scon stollman
Catisbad. CA 92008
1635 Faraday Ave. 75 HaWmOme Wwt. WTR-9 Grants Management Gtfice. PMD-7
San Francisco. CA 84105 E-Mall: Stollman.SconOEPA.GOV
E-Mall: Zeleznik.MarllnQepa.pov Phone: 415-972-3664
Phone: (780) 802-2768 Phone: 415-972-3543
1635 Faraday Ave.
E-Mall:
PROJECT nnE AND DESCRIPTION
Water Infrastructure. Desalination lor Encina Basin
~hs award provides full EPA funding in the amount of $2,168,933 for the wnSVuCtnn of a desalination unn to remove chlorides during wastewater treatment for me Encina Basin water reclamation program. mis funding consists of FY-00 and FY-01 Special Appropriations. This agreement inCludeS
pre-award costs referenced in condition 3.
BUDGET PERIOD PROJECT PERIOD
1o/o1/1999 - 08/30/2003 1o/o1/19m . 08/30/2003 $3,943,515.00 $33,943.515.00
TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
NO= "he Agreement must be completed In duplicate and the Orlginal returned to the appropriate Grants Management Office listed below,
within 3 calendar weeka after recelpt or wlthln any extenslon of time as may be granted by EPA. Receipt of a wrltten refusal or failure to return the properly executed document wlthln the prescribed time, may result In the withdrawal of the offer by the Agency.
Any change to the Agreement by the Reclpiant subsequent to the document belng slgned by the EPA Award Official. whlch the
Award Offlcial deterinlnes to materially alter the Agreemen4 shall void the Agreement.
OFFER AND ACCEPTANCE
The Unlted States, actlng by and through the U.S. Environmental Protection Agency (EPA), hereby offers AsslstancdAmendment to the Cltv of wad
up to and not exceeding $2.168.933 for the support of approved budget period effort descrlbed In application (Including
for -%of all approved costs Incurred
all applicatlon modlflcatlons) clted In the ProJect Tltle and Description above, rlgned .o6/18/2001 Included herein
by reference.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) I
ORGANIZATIONIADORESS ORGANIZATION /ADDRESS
Grants Management Gtfke. PMD-7 U.S. EPA. Region 9 U.S. €PA, Region 9 Water Division
75 Hawmorne Street San Francisco, CA 84105
75 Hawthome Street San Francisco, CA 84105
AWARD APPROVAL OFFICE
SIGNATURE OF AWARD 0
THE UNITED STATES OF AMERICA BY THE US. ENVIRONMENTAL PROTECTION AGENCY
TYPED NAME AND TITLE
Alexis Straws. Director. Water Division
DATE HAY 2 2 ZO:?
Thls agreement Is sublect to applicable US. Envlronmental Protectlon Agency statutory provlslons and assistance regulations. In accepting thla award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he Is duly
authorized to att on behalf of the recipient organkatlon, and (2) the reclplent agr- (a) that the award Is SubJect to the applicable
provislonr of 40 CFR Chapter 1, Subchapter B and of the provlslons of this agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, If any found by EPA to have been overpaid
will bs refunded or credited In full to EPA.
PED NAME AND TITLE
EPA Funding Information XP - 98998001 . 0 Page 2
FUNDS I FORMER AWARD I
EPA Amount Thls Action
THIS ACTION I $1 $2,168,933 I AMENDED TOTAL
$2,168,933 I
EPA In-Klnd Amount
$3,943,515 $3,943,515 $0 Allowable Project Cost
$0 $ $ Other Contrlbutlon
$0 $ 5 Local Contrlbutlon
$1,774,582 $1,774,582 s State ContrlbuUon
$0 $ $ Recipient Contributkm
$0 $ $ Other Federal Funds
$0 $ s Unexpended Prbr Year Balance
$0 s $' I
-
Assistance Program (CFDA)
66.W6 - Surveys - Studies - Investigations. Speci
Appropriations Act 01 2001 (PL 106-377) ~p~~~f~ti~~~ ~ct 01 2,333 (p~ 10~74)
Statutory Authorlty Regulatory Authorlty
40 CFR PART 31
- DCN - W9E014 WSEOl4
- Fv - 0: 0:
Fiscal
Organhation Budget Class Object PRC
OSLOAWS 418: 203018 09LOA3N 418: 202018
I L
7 Organization Dbllgation I )eobligatlon
1,693,801
475.13:
2,168,933
1
- XP .9899sool~ 0 Pane 3
-
Administrative Conditions
1. An interim Financial Status Report (FSR), Standard Form 269A (Rev. 7/97), covering
the period from "proiectlbudget period start date" to September 30 of each calendar
year shall be submitted to the Grants Management Office, PMD-7, no later than
December 31 of the Same calendar year. The initial FSR is due December 31,2002.
The FSR covering the entire project period shall be submitted within 90 days after the
end of the project period (40 CFR Part 31.23(b)).
2. The recipient shall comply with the Single Audit Act and the reporting requirements
set forth in OMB Circular A-133.
3. The recipient agrees to complete and submit to the Grants Management Office,
PMD-7, a MBWBE Utilization Report (EPA Form 5700-52A). within 30 days after the
end of the Federal fiscal year, Le., by October 30 of each calendar year. Negative
reports are required.
4. In accordance with EPA's Program for Utilization of Small, Minority and Women's
Business Enterprises in procurement under Federal assistance programs, the recipient
agrees to:
XP - 98998001 . 0 Pane 4
a) Accept the applicable FY 1999 "fair share" goals negotiated with EPA by the
California Department of Health Services, as follows:
MBE WEE
Construction 17% 9%
Supplies 10% 8%
Services 15% 19%
Equipment 9% 7%
If the recipient does not want to rely on the applicable State's MBWBE "fair share"
goals, the recipient agrees to submit proposed MBWBE "fair share" goals based on
availability of qualified minority and women-owned businesses to do work in the
relevant market for construction, services, supplies, and equipment.
"Fair share" obiectives must be submitted to Joe Ochab, PMD-1, within 30 days of
award and approved by EPA no later than 30 days thereafter.
b) Ensure to the fullest extent possible that at least the applicable "fair share"
obiective {see a) above) of Federal funds for prime contracts for supplies, construction,
equipment or services are made available to organizations owned or controlled by
socially and economically disadvantaged individuals, women and historically black
colleges and universities.
c) Include in its bid documents applicable "fair share': objectives {see a) above)and
require all of its prime contractors to include in their bid documents for subcontracts the
negotiated fair share percentages.
d) Follow the six affirmative steps stated in 40 CFR Section 30.44(b), Section
31.36(e), Section 35.3145(d), or Section 35.6580(a), as appropriate.
e) In the event race and/or gender neutral efforts prove to be inadequate to achieve
a fair share objective for MBWBEs, the recipient agrees to notify EPA in advance of
any race and/or gender conscious action it plans to take to more closely achieve the fair share objective.
9 Until the recipient has completed its fair share negotiations with EPA, it agrees
to apply the main State agency's fair share objectives. Once the recipient has
completed its fair share negotiations with EPA, it will apply those objectives. The
recipient also agrees to include in its bid documents the applicable FY-1999 "fair Share"
objectives and require all of its prime contractors to include in their bid documents for
subcontracts the applicable FY 1999 "fair share" percentages and to comply with
paragraphs (c) through (e) above.
5. The cost principles of OMB Circular A-87 are applicable to this award. Since there
are no indirect costs included in the assistance budget, they are not allowable under
this Assistance Agreement.
6. "In accordance with OMB Circular A-21, A-87, or A-122, as appropriate, the recipient
agrees that it will not use project funds, including the Federal and non-Federal share, to
engage in lobbying the Federal Government or in litigation against the United States.
The recipient also agrees to provide the information mandated by EPA's annual
appropriations acts for fiscal year 2000, 2001 and fiscal year 2002 (PL 106-74, 9426,
PL 106-377, 9424 and PL 107-73, 9424 respectively) which require as follows: 'A chief
executive officer of any entity receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the Federal Government or in
litigation against the United States unless authorized under existing law.' The recipient
may satisfy this certification requirement in any reasonable manner. The certification
must be submitted to EPA after all grant funds have been expended."
7. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to
use recycled paper for all reports which are prepared as a part of this agreement and
delivered to EPA. This requirement does not apply to Standard Forms. These forms
are printed on recycled paper as available through the General Services Administration.
8. Effective October 1, 1994, the recipient agrees to ensure that all conference,
meeting, convention, or training space funded in whole or in part with Federal funds
complies with the Hotel and Motel Fire Safety Act of 1990.
9. This award includes $1,774,582, of non-federal third party contributions. Third party
contributions counting towards satisfying a cost sharing or matching requirement must
be verifiable from the records of grantees and subgrantees. As applicable, these
records must reflect how the value is placed on third party contributions. The value of
third party contributions must be applicable to the period to which the cost sharing or
matching requirement apply (40 CFR Part 31.24).
IO. Pre-award costs estimated at $3,846,260 have been approved back to October 1,
1999, in accordance with the recipient's application for Federal assistance dated June
15,2001.
-- END OF DOCUMENT --
BUREAU OF RECLAMATION
4. ISSUING OFFICE [WE, IDORESS)
Bureau of Reclamation
Lower Colorado Region P.O. Box 61470 Boulder City NV 890061470
6. ADMINISTPATIVEWINTOFCONTACT lIuyE#DD%5S% TNPMXE EWN
27710 Jefferson Avenue, Suite 201 Dennis D. Wolfe
Temecula CA 925902628
PHONE: 909-695-5310
8. TECHNICAL REPRESENTATIE lW, IMRESS. TELEPHONE. EWLJ
Dennis D. Wolfe
Temecula CA 92590-2628 27710 Jefferson Avenue, Suite 201
PHONE 909-695-5310
17. PROGRAMSTATUTORYALITHOR#lY
P.L. 102-575. Title XVI. as amended by P.L. 104-266
12. FUNDING INFORMATION REUPIEN7,QTHER RECUMATION
TOTAL AMOUNT f 36,560.000.00 f 330,000.00
OFAGREEMENT
AMOUNT OFFUNDS 5 36.560.000.00 5 330,000.00 OBLIGATED
COST SHARE RATIO 99 K 1 Y.
I
5. REUPIENTlwE. mss, --)
Carlsbad Municipal Water District
Carlsbad CA 920087314
1635 Faraday Avenue
ASSISTANCE AGREEMENT
PAGE I OF 9
1. AGREEMENTNUMBER 1. CLASS OF RECIPIENT 2. TYPE OF AGREEMEN7 I I GR4NT 02FC350005 Local Government I X ] COOPEPATIMAGREEMENT
"
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7. REUPIEhTPRWECTMANAGER lIIu(E mSS TELEPHWE. cuu)
William E. Plummer
Carlsbad CA 920087314
1635 Faraday Avenue
PHONE: 760-602-2768
1. EFFECTIVEDATE
See Block 17a.
(0. COMPLETIONDATE
September 30,2002
14. ACCOUNTINO AND APPROPRUTDN DATA
A10-1901-6002-195-0O"O 3501000 411C
Id. PRWECTmLEANDBRICFSUM~RYOFWANDOWECIIMSOFPRQlECT
~~ A
ENCINA BASIN WATER RECUMATION PROGRAM, PHASE II
NORTH SAN DlEGO COUNTY AREA WATER RECYCLING PROJECT
II" DATE
76b. NAME. TITLE. AND TELEPHONENUMER OFSffiNERmp .vm
Lloyd Hubbs
Public Works Director
PHONE: 760-602-2730
BV DATE
17b. NAMEOFGPAhTSANDCOOPER4TIEAGREEMENTSOFFlCER Irmc,mr~
Robert W. Johnson Regional Director
Cooperative Agreement
No. 02FC350005
FEDERAL COOPERATIVE AGREEMENT NO. 02FC350005 FOR
NORTH SAN DIEGO COUNTY AREA WATER RECYCLING PROJECT
ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE I1
1. BACKGROUND
Dependable water supplies for southern California are becoming more difficult to develop and maintain. Continued reliability of traditional imported water sources such as the Colorado River and northern California is vague at best. The necessity to develop
new sources and to fully utilize existing sources is very
use of existing water supplies.
evident. This includes fully developing and facilitating better
The Carlsbad Municipal Water District (CMWD) is actively pursuing
the use of reclaimed water for nonpotable beneficial purposes.
The CMWD completed Phase I of the Encina Basin Water Reclamation Program (Program) in 1994. Phase I has a capacity of 2,050 acre-
and industrial uses throughout the City of Carlsbad. Phase I1 of
feet of reclaimed water annually, which is used for irrigation
the Program will result in a total capacity of about 5,000 acre-
feet per year that will be used for nonpotable purposes. This
be imported. reclaimed water will replace water that otherwise would have to
Section 1615 of Public Law 102-575, as amended by Public Law 104-
participate in the planning, design, and construction of the 266, specifically authorizes the Secretary of the Interior to
North San Diego County Area Water Recycling Project, with Federal
project costs. This Cooperative Agreement (Agreement) between financial participation limited to 25 percent of the total
the CMWD and the Bureau of Reclamation (Reclamation) will provide Federal funding for the design and construction of Phase I1 of the Program (Project), which is a component of the North San
Diego County Area Water Recycling Project.
2. AUTHORITY
This Cooperative Agreement is entered into pursuant to Section
1615 of the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 (P.L. 102-575, Title XVI), as amended by the Reclamation Recycling and Water Conservation Act (P.L. 104-
266).
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Cooperative Agreement No. 02FC350005
3. OBJECTIVES AND PURPOSE
The purpose of this Agreement is to provide Federal funding for the Encina Basin Water Reclamation Program, Phase 11, which will
install additional treatment facilities, as well as construct the
pumps, pipelines, and storage facilities necessary to distribute
will reduce the demand for imported water, improve local water the reclaimed water to the users. The use of reclaimed water
Diego County. The Program will ultimately recycle about 5,000
resources, and provide a dependable source water for north San
acre-feet per year.
4. PROJECT DESCRIPTION
This Agreement covers the activities and costs necessary for the design and construction of the Encina Basin Water Reclamation
additional treatment facilities located at the Carlsbad Water Program, Phase 11. Items covered by this Agreement include the
Reclamation Facility (CWRF), as well as the pumps, pipelines, and storage facilities necessary to distribute the reclaimed water to
the point of use. Specific descriptions are provided below.
The costs of designing and constructing the Project include costs
incurred by the CMWD either through contracts or by CMWD staff. Allowable costs may include, but are not limited to, administrative costs, costs of permits, rights-of-way costs,
architectural and engineering costs, equipment costs, inspection
determined to be allowable, allocable, and reasonable in costs, and construction costs. All project costs must be
accordance with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments.
4.1 Treatment Facilities
This includes the design and construction of the CWRF, with a
capacity of 4.0 mgd, which will be located adjacent to and
utilize secondary effluent from the existing Encina Water
Pollution Control Facility. The CWRF will provide sufficient
treatment in order to allow the treated water to be reclaimed and reused. This includes the secondary effluent pump station, influent equalization tank, coagulation and flocculation basins, filters, demineralization facilities (microfiltration and reverse osmosis systems), disinfection facilities, backwash equalization facilities, finished water storage facilities, pump stations,
electrical systems, control systems, chemical handling facilities, and all other appurtenant facilities.
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Cooperative Agreement No. 02FC350005
4.2 Distribution System
This includes the design and construction of the entire distribution system, which includes three pump stations (one at each of the reclaimed water sources: the CWRF, Meadowlark WRP,
and Gafner WRP), three booster pump stations, three pressure
reducing stations, approximately 100,000 feet of pipeline, a
supplemental potable water feed, and improvements to the Mahr
water to the points of use. Reservoir, all of which are necessary to deliver the reclaimed
5. RESPONSIBILITIES OF THE PARTIES
5.1 C"Ll Responsibilities
In support of this Agreement, the CMWD shall comply with the "General Provisions" which is attached hereto and by reference made a part hereof, and perform the following tasks:
(a) Contribute at least 75 percent of the funds to complete
These funds may be obtained from any non-Federal source. the activities identified in Section 4 of this Agreement.
the activities identified in Section 4 of this Agreement. (b) Collaborate with Reclamation in causing to be completed
to which the CMWD agrees to adhere and includes an outline (c) Create and obtain Reclamation approval of a work plan
of the portion of the project covered by this Agreement and target dates for the achievement of Project goals.
maintaining the project within the work plan and project (dj Consult with and seek input from Reclamation on
goals as stated in this Agreement, and seek Reclamation
plan and project goals. concurrence for any significant deviation from such work
administrative aspects of the project through periodic (e) Collaborate with Reclamation on technical and
scheduled meetings with Reclamation personnel or periodic written updates.
when the CMWD chooses not to implement Reclamation's written (f) Provide Reclamation with its reasoning, in writing,
advice or comments on any technical aspect of fulfilling the
requirements of this Agreement.
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Cooperative Agreement
NO. 02FC350005
5.2 Reclamation Responsibilities
In support of this Agreement, Reclamation shall perform the
following tasks:
(a) Provide financial contribution not to exceed the available funding specified in Section 7.2, or 25 percent of the total project costs for the activities identified in
Section 4 of this Agreement, whichever is less.
(b) Prepare budget submittals for Federal appropriations.
(c) PI-epare progress reports to Congress.
(d) Shall work with the CMWD as necessary to ensure that the CMWD adheres to the specified work plan and meets specified
project goals as set forth in this Agreement.
(e) Shall not continue to advance funds nor award subsequent cooperative agreements to the CMWD for work on the Project
unless the CMWD is in full compliance with the requirements
Agreement and has obtained Reclamation concurrence for any of the work plan and project goals that are included in this
significant deviations therefrom.
(f) Shall provide scientific or administrative advice on the development of the project. Such advice will take into consideration factors such as: (1) the scientific complexities of the project; (2) the CMWD's progress in meeting project goals; and (3) the CMWD's ability to meet the proposed time schedule.
6. PERFORMANCE SCHEDULE GOALS
The work under this Agreement will take place in accordance with the schedule goals below.
Treatment Facilities
Begin design Begin construction
Complete construction
Distribution Svstem
Begin construction
Begin design
Complete construction
October 1998
May 2002 September 2004
October 1998
May 2002 September 2005
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Cooperative Agreement
No. 02FC350005
7. FUNDING AND BUDGET
' 7.1 Estimated Expenditures
The estimated costs for the design and construction of the Project are as follows:
Treatment Facilities Distribution System
Total
$16,908,000
19,982,000
$36,890,000
""""""
7.2 Available Funds
The total obligation of Reclamation for Fiscal Year 2002 under
this Agreement is in the amount of $330,000.
7.3 Reclamation Administration Costs
It is recognized and agreed that all costs incurred by
Agreement are considered part of the total costs of the Project,
Reclamation related to the development and administration of this
and therefore the CMWD agrees to provide 75 percent of these
costs in accordance with the authorization. These costs .include,
but are not limited to, salary, overhead, travel, and other costs directly or indirectly related to the project, as determined by Reclamation.
Following the completion of each quarter of the fiscal year, Reclamation shall provide the CMWD with a statement of Reclamation's costs for the previous quarter. The CMWD may request explanations or a review of the costs included in the
validity of the costs is final.
statement; however, Reclamation's determination as to the
The CMWD's 75 percent share of Reclamation's costs will be deducted from payments processed by Reclamation under this
Agreement.
8. PAYMENT
8.1 Payments
Unless advance funding (in accordance with OMB Circular A-102 and
43 CFR 12.61) is requested by the CMWD, Reclamation shall provide funds to the CMWD on a reimbursement basis, not to exceed the total available funding and not to exceed 25 percent of total Project costs. The CMWD shall periodically submit requests for
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Cooperative Agreement No. 02FC350005
reimbursement of expenses to Reclamation. Upon receipt, Reclamation will process progress payments based on total CMWD expenditures, Reclamation administrative costs, and availability of funds.
Reclamation and the Comptroller General of the United States, or their authorized representatives, shall have the right of access
to any pertinent books, papers, or other records of the CMWD
which are pertinent to the Agreement in order to make audits,
examinations, excerpts, and transcripts.
8.2 Operation and Maintenance Costs
In accordance with the authorizing legislation, no costs for operation and maintenance of Project facilities shall be included in requests for payment submitted under this Agreement. The CMWD will be required to certify that no operation and maintenance costs are included in payment requests.
8.3 Release of Claims
After completion of work, the CMWD shall furnish to the Grants and Cooperative Agreements Officer a release of claims against the United States arising out of this Agreement.
9. DATE OF INCURRENCE OF COSTS
The Recipient shall be entitled to incur costs for this agreement, in a total amount not to exceed $2,000,000, for allowable costs incurred on or after October 1, 1998, which if had been incurred after this agreement was entered into, would have been allowable under the provisions of the agreement. In
accordance with the cost sharing requirements of this agreement,
of these total allowable costs in an amount not to exceed the recipient is eligible to receive reimbursement of a portion
$500,000. Reimbursement of these costs shall be subject to the
funding limitations stated in Section 7 of this Agreement.
REPRESENTATIVE 10. GRANTS AND COOPERATIVE AGREEMENTS OFFICER'S TECHNICAL
Mr. Dennis Wolfe, or his designated representative, is designated
Representative to act in all technical matters.
as the Grants and Cooperative Agreements Officer's Technical
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Cooperative Agreement
No. 02FC350005
11. INDEMNITY AND REPORTING ACCIDENTS
The CMWD shall indemnify and hold the United States, its officers, agents, employees, and instrumentalities harmless from any and all losses, damages, or liability on account of personal
death, or property damage of any nature whatsoever and by
injury, death, or property damage, or claim for personal injury,
whomsoever made, arising out of the activities of the CMWD, its employees, subcontractors, or agents under this Agreement.
12. TERM OF AGREEMENT
The term of this Agreement shall be from the date of execution through September 30, 2002.
In the event that the activities described in Section 4 of this Agreement are not completed by the anticipated completion date, the CMWD shall notify the Technical Representative specified in Section 10 in writing. Depending on the reasons for the delay, the status of funding, and/or other relevant matters, the Grants and Cooperative Agreements Officer may either: (1) extend the
the Agreement in accordance with Section 14.
completion date in accordance with Section 13; or (2) terminate
13. MODIFICATION
This Agreement may be modified through bilateral agreement between the parties. Any modifications made to this Agreement
shall be confirmed in writing prior to performance of the change.
resulted in a change to the term or estimated cost, the CMWD
In the event that performance of the activities in Section 4 has
shall notify the Technical Representative specified in Section 10
review the circumstances, and make the determination whether a
in writing. The Grants and Cooperative Agreements Officer shall
modification to the Agreement is warranted. Reclamation is under
no commitment to provide funds other than the amounts expressly provided for in this Agreement. If funds other than those expressly provided for in this agreement are made available to the CMWD either in the current fiscal year or in subsequent
modify this Agreement in accordance with this Section before such fiscal years, the Grants and Cooperative Agreements Officer shall
funds are distributed.
Authority to modify a Cooperative Agreement on behalf of Reclamation is expressly limited to the Grants and Cooperative Agreements Officer.
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Cooperative Agreement
NO. 02FC350005
14. TERMINATION
Either party may terminate this Agreement in accordance with OMB
Circulars and 43 CFR 12.83 and 12.84.
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INDEX
GENERAL PROVISIONS
1 . Regulations and Guidance ............................................... 1
2 . Assurances Incorporated by Reference .................................... 2
3 . Covenant Against Contingent Fees ....................................... 2
4 . Contracting with Small and Minority Firms. and Women’s Business Enterprises .... 2
5 . Notice Regarding Buy American Act ....................................... 3
6 . Resolving Disagreements ............................................... 3
7 . Lobbying Restrictions .................................................. 3
8 . Electronic Funds Transfer ............................................... 3
9 . Increasing Seat Belt Use in the United States ............................... 4
10 . Endorsement of Commercial Products and Services ........................ 4
11 . Ce~ifications ........................................................ 5
REVISED 11/14/01
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.
GENERAL PROVISIONS
1. Regulations and Guidance
The regulations at 43 CFR. Part 12, Subparts A - F are hereby incorporated by reference as though set
forth in full text. The following Office of Management and Budget (OMB) Circulars, as applicable, and as
implemented by 43 CFR Part 12. are also incorporated by reference and made a part of this agreement.
Failure of a recipient to comply with any provision may be the basis for withholding payments for proper
the Internet at http://www.whitehouse.gov/OMB/circulars/index.html. The implementation of the circulars
charges made by the recipient and for termination of support. Copies of OMB Circulars are available on
at 43 CFR Part 12 is available at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#pagel.
a. Agreements with colleges and universities shall be in accordance with the following circulars:
Circular A-21, revised August 8, 2000, "Cost Principles For Educational Institutions"
Circular A-1 IO. as amended September 30. 1999, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations"
Organizations"
Circular A-133, revised June 24, 1997, "Audits of States, Local Governments, and Non-Profit
following circulars:
b. Agreements with State and local governments shall be in accordance with the provisions of the
Circular A-87, as amended August 29, 1997. "Cost Principles for State, Local, and Indian Tribal Governments"
Circular A-I 02, as amended August 29, 1997, "Grants and Cooperative Agreements with State
and Local Governments" (Grants Management Common Rule, Codification by Department of
Interior, 43 CFR 12)
Circular A-133, revised June 24, 1997, "Audits of States, Local Governments, and Non-Profit
Organizations"
c. Agreements made with nonprofit organizations shall be in accordance with the following
circulars and provisions:
Circular A-I 10, as amended September 30. 1999. "Uniform Administrative Requirements for
Grants and Agreements With Institutions of Higher Education. Hospitals, and Other Non-Profit
Organizations"
Circular A-122, revised May 19. 1998. "Cost Principles for Non-Profit Organizations"
Circular A-133, revised June 24, 1997. "Audits of States, Local Governments, and Non-Profit
Organizations"
d. All agreements with organizations other than those indicated above shall be in accordance with
the basic principles of OMB Circular A-I IO, and cost principles shall be in accordance with 48 CFR
Subpart 31.2 titled "Contracts with Commercial Organizations" which is available on the Internet at
http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#pagel .
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2. Assurances lncoroorated bv Reference
The provisions of the Assurances executed by the Recipient in connection with this agreement shall apply
with full force and effect to this agreement as if fully set forth in these General Provisions. Such
Assurances include, but are not limited to, the promise to comply with all applicable Federal statutes and
orders relating to nondiscrimination in employment, assistance, and housing; the Hatch Act; Federal wage
and hour laws and regulations and work place safety standards; Federal environmental laws and
regulations and the Endangered Species Act; and Federal protection of rivers and watenvays and historic
and archeological preservation.
3. Covenant Aaainst Contingent Fees
The recipient warrants that no person or agency has been employed or retained to solicit or secure this
fee, excepting bona fide employees or bona fide offices established and maintained by the recipient for
agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent
the purpose of securing agreements or business. For breach or violation of this warranty, the Government
shall have the right to annul this agreement without liability or, in its discretion, to deduct from the
agreement amount, or othemise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
4. Contracting with Small and Minoritv Firms, and Women’s Business Enterwises
it is a national policy to award a fair share of contracts to small and minority business firms. The
recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness
Department of the Interior is strongly committed to the objectives of this policy and encourages all
a. The grantee and subgrantee shall take all necessary affirmative steps to assure that minority
firms, and women’s business enterprises are used when possible.
b. Affirmative steps shail include:
solicitation lists;
(1) Placing qualified small and minority businesses and women’s business enterprises on
solicited whenever they are potential sources;
(2) Assuring that small and minority businesses, and women’s business enterprises are
quantities to permit maximum participation by small and minority business, and women’s business
(3) Dividing total requirements, when economically feasible, into smaller tasks or
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women’s business enterprises;
(5) Using the services and assistance of the Small Business Administration, and the
Minority Business Development Agency of the Department of Commerce as appropriate, and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in b.(l) through (5) above.
5. Notice Reaardina Buv American Act
in accordance with Section 502 of the Energy and Water Development Appropriations Act, 2002,
Pub. L. 107-66, please be advised of the following:
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purchased with funds made available in this Act should be American-made.
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products
6. Resolvina Disaqreements
When entering into a cooperative agreement with a recipient, Reclamation commits itself to working with
the recipient in a harmonious manner to achieve the objectives of the project successfully. When
disagreements arise between the parties, they must be resolved according to the procedures discussed
below:
a. Reclamation shall attempt first to resolve disagreements with the recipient through informal
discussion among the Grants or Contract Specialist, the Program Officer, and the recipient's Project
Director.
Grants Specialist and the Program Officer shall document the nature of the disagreement and bring it to
the attention of the.Grants Officer.
b. If the disagreement cannot be resolved through informal discussion between these parties, the
c. After reviewing the facts of the disagreement, as presented by the Grants and Program
Offices, the Grants Officer will arrange a formal meeting. If agreement still cannot be reached, the parties
will collectively decide on any varied approaches which might be used to resolve the disagreement. The
disagreement. If attempts at resolving the disagreement fail, the Chief, Acquisition and Assistance
parties shall be responsible for their individual expenses related to any approach utilized to resolve the
shall be final and conclusive.
Management Services, or the Regional Director, whichever is applicable, shall make a decision which
d. Nothing herein shall be construed to delay or limit Reclamation's right to take immediate and
appropriate action, as set forth at 43 CFR Subpart 12.83 or 12.962, as applicable, in the event of material
noncompliance by the recipient, and no attempts at informal resolution shall be necessary.
Any post award issue will be open for resolution in accordance with the above procedures, with the
with 43 CFR 12), or other matters specifically addressed by the agreement itself, exception of disagreements regarding continuation of the agreement (termination must be in accordance
7. Lobbvina Restrictions
In accordance with Section 501 of the Energy and Water Development Appropriations Act, 2002, Pub. L. 107-66, please be advised of the following:
None of the funds appropriated by this Act may be used in any way, directly or indirectly, to
influence Congressional action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as described in 18 U.S.C.1913.
8. Electronic Funds Transfer (EFT1
In accordance with the Debt Collection Improvement Act of 1996,31 CFR 208, effective January 2,1999,
with 31 CFR 208.4. Upon award of a financial assistance agreement, Reclamation will provide the
all Federal payments to recipients must be made by EFT unless a waiver has been granted in accordance
exemption from EFT.
recipient with further instructions for implementation of EFT payments or a certification form to request
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9. lncreasinq Seat Belt Use in the United States - Executive Order 13043
In accordance with 43 CFR 12.2(e), if you are awarded a grant or cooperative agreement, the following
provision is applicable, and shall be incorporated into any grant or cooperative agreement which the
recipient awards to a subrecipient:
Recipients of grantdcooperative agreements and/or sub-awards are encouraged to adopt and
enforce on-the-job seat beit use policies and programs for their employees when operating
company-owned, rented, or personally owned vehicles. These measures include, but are not
about the importance of wearing seat belts and the consequences of not wearing them.
limited to, conducting education, awareness, and other appropriate programs for their employees
10. Endorsement of Commercial Products and Services
In accordance with 43 CFR 12.2(d). this provision applies to grants and cooperative agreements whose
principal purpose is a partnership where the recipient contributes resources to promote agency programs,
publicize agency activities, assists in fund-raising, or provides assistance to the agency. If the agreement
is awarded to a recipient, other than a State government, a local government, or a federally-recognized
Indian tribal government, and the agreement authorizes joint dissemination of information and promotion
of activities being supported, the following provision shall be made a term and condition of the award:
advertisements, sales brochures, press releases, speeches, still and motion pictures, articles,
Recipient shall not publicize or otherwise circulate. promotional material (such as
manuscripts or other publications) which states or implies governmental, Departmental. bureau, or government employee endorsement of a product, service or position which the recipient
represents. No release of information relating to this award may state or imply that the
to be superior to other products or services.
Government approves of the recipient‘s work products, or considers the recipient‘s work product
All information submitted for publication or other public releases of information regarding
this project shall carry the following disclaimer:
“The views and conclusions contained in this document are those of the
authors and should not be interpreted as representing the opinions or
policies of the U.S. Government. Mention of trade names or commercial
products does not constitute their endorsement by the U.S. Government.”
Recipient must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any
bureau or employee (by name or title). The specific text, layout photographs, etc. of the
proposed release must be submitted with the request for approval.
A recipient further agrees to include this provision in a subaward to any subrecipient,
except for a subaward to a State government, a local government, or to a federally-recognized
Indian tribal government.
11. Certifications
The following certifications are incorporated by reference and made a part of this agreement:
Workplace Requirements and Lobbying (Dl-2010)
Certifications Regarding Debarment, Suspension, and Other Responsibility Matters, Drug-free
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