HomeMy WebLinkAboutSDCWA - Integrated Regional Water Mgmt Program; 2015-11-13; 84-3-3-80023Local Project Sponsor Amendment No. 1
The Agreement between Carlsbad Municipal Water District (Local Project Sponsor) and
the San Diego County Water Authority for the Carlsbad Recycled Water Plant and Distribution
Project (Project No. 84-3-3-80023), which was executed by the parties on November 13, 2015, is
amended as follows:
1. The project's work plan is revised to rename a deliverable in Task 3b, CEQA
Documentation, from a Notice of Preparation to a Notice oflntent, as shown in Exhibit
A-1 included in this amendment.
2. The project budget is amended as follows: shift $699,718 in Cost Share: Non-State
(Required Funding Match) under Budget Category D, Implementation to Additional Cost
Share under Budget Category D, Implementation to accurately reflect final
implementation costs as reflected in Exhibit B-1, Budget included in this amendment.
3. All other terms, covenants, and conditions in the original agreement shall remain in full
force and effect and shall be applicable to this Amendment.
The individuals executing this Amendment to the Agreement represent and warrant that
they have the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the last date
below:
[Signatures on next page]
SAN DIEGO COUNTY WATER AUTHORITY
Approved as to form and legality:
( , 7 By: -'-~,::t,_\._'-~-L-~~-·~_J,,-'~----
Rdsann Gallien
Director of Water Resources Assistant General Counsel
Date: __ 8-------=--{ *"2-_8_____,{l-"-l__._7 __ Date: __ g--1--(_z._'8--1-{ l_7 __
CARLSBAD MUNICIPAL WATER DISTRICT
Date: __,_?/~17"--+(~!_7 ____ _
Grant Agreement 4600010901
Amendment 1
Under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006 (Public Resources Code §75026 et seq.)
State of California
Natural Resources Agency
Department of Water Resources
Agreement Between The State of California
Department of Water Resources
and San Diego County Water Authority
This amendment to Agreement 4600010901 is made onA~1ci~ The agreement
Is amended as follows:
Project 2: Fallbrook Plant Nurseries Recycled Water Distribution System Expansion
The Project revised the budget to accurately reflect final implementation costs, as
shown in the Attachment Exhibit B included in this amendment.
Project 3: Carlsbad Recycled Water Plant and Distribution System Expansion
The Project revised a deliverable in the scope of work to accurately reflect the correct
required CEQA documentation and the budget to accurately reflect final
implementation costs, as shown in the Attachment Exhibit A and B.
Project 6: Rincon Customer-Driven Demand Management Program
The Project revised the scope of work to clarify the WaterSmart software licensing
occurring over the duration of the grant, the budget to accurately reflect projected
implementation costs, and the schedule to allow for time to implement the program
metering activities, as shown in the Attachment Exhibit A, B, and C included in this
amendment.
All other terms and conditions of the agreement will remain the same.
IN WITNESS WHEREOF, the parties hereto have executed this amendment on the date
first written above.
STATE OF CALIFORNIA San Diego County Water Authority
DEPARTMENT OF WATER RESOURCES
Tracie L. Billington, P ., C ef
Financial Assistance Branch
Division of Integrated Regional Water
Management
Date .. u/:l;,/lh ....
Approved as to Legal Form and Sufficiency:
~LiatOL Roinarewer, Assistant Chief Counsel
Office of Chief Counsel
Date //-3@-/fe
ATTACHMENT
Amendment #1
EXHIBIT A: WORK PLAN
GrantAgreementNa.4600010901
Pagel o/9
PROJECT 3: CARLSBAD RECYCLED WATER PLANT AND DISTRIBUTION SYSTEM EXPANSION
IMPLEMENTING AGENCY: Carlsbad Municipal Water District
PROJECT DESCRIPTION: Expand existing water reclamation facility by 2 MGD, construct pipelines, and
complete customer retrofits to defiver 353 AFY of recycled water.
Task 1 Project Administration: Budget Category (a)
Task lo Project Management
Manage grant agreement including compliance with grant requirements. and preparation and
submission of supporting grant documents and coordination with the Son Diego IRWM Program
Manager. Prepare invoices including relevant supporting documentation for submittal to DWR via
SDCW A. This task also includes administrative responsiblrrtres as:Sodoted with the project such as
coordinating with partnering agencies.
Deliverables:
Environmental Information Form {Elf)
Financial Statements
lnvo:ces
Other Applicable Project Deliverables
Task lb LoborCompliance Program
Take all measures necessary to ensure compfionce with applicable California Labor Code
requirements, including. preparation and implementation of o labor compliance program or
including any payments to the Deportment of Industrial Relations under Labor Code Section
1771.3.
Deliverables:
Proof of labor compliance upon request
Task le Reporting
Prepare quarterly progress reports detamng work completed during reporting period as outlined in
Exhibit (G) of this agreement. Submit reports to SDCWA for review and inclusion in a progress report
to be submitted to DWR.
Prepare Project Completion Report and submit to DWR via SDCWA for DWR Project Manager's
comment and review no later than 90 days ofter project completion. Prepare Final Report
addressing SDCWA/DWRs comments. The report shall be prepared and presented in accordance
with the provision of Exhibit G.
Deliverables:
Quarterly Project Progress Reports
Final Project Completion Report
Task 2 land Purchase/Easement: Budget Category (b)
Not applicable. There ore no easement acquisitions that will be required for this project.
Task 3 Plannlng/Design/Englneerlng and Envlronmental Documentation: Budget Category (c)
Task 3a Feasibirity studies
Project Feasibirity Studies were completed as port of the project development process.
Deliverables:
O Copies of all relevant feasibility studies
o Phase Ill Recycled Water Project Feasibility Study
D 2012 Recycled Water Master Plan
Task 3b CEQA Documentation
Prepare and drculote a Notice of Intent (including tribal notificatfon to the Cartfomia Native
Heritage Commission). Prepare draft Mitigated Negative Declaration (MND) and release
document for public review. Additionally. CEQA-Plus documentatfon will be prepared. File Notice
of Completion with State Clearinghouse. Prepare letter stating no legal chanenges (or addressing
legal challenges}.
Deliverables:
Copy of Notice of Intent
~ ,_ \
Amendment #1
Task 3c Permitting
Grant Agreement No. 4600010901
Page2 of9
Prepare pertinent permits necessary for the project, induding a coastal development permit.
Provide Master Reclamation Permit.
Oellverables:
o Copies of a!I required permits
Task 3d Design
Complete preliminary design inciuding preliminary des;gn details and development of final design
to produce 100% (Final} des•gn, plans, and specifications.
Oellverables:
D Updated Project Cost Estimate
o 60% Design Documents and Guaranteed Maximum Construction price for water
reclamation facility
o l 00% Design Documents
Tosk 3e Project Monitoring Pion
Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures
Table provided by DWR project manager, the Project Monitoring Plan will include baseline
conditions, a brief discussion of monitoring systems to be used, methodology of monitoring.
frequency of monitoring. and location of monitoring po:nts.
De!lverables:
o Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d}
Task 4o Contract Services
Activities necessary to secure a contractor and award the contract include: develop bid
documents. prepare advertisement and contract documents for construction contract bidding.
conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of
contract, and issuance of notice lo proceed. The Water Reclamation faci'.ity Expansion project will
be bid separately from the distribution pipe~ne project and will uti:ize the design-build contract
process.
Deliverables:
D Bld documents/Design-Build Request for Proposal
o Proof of Advertisement
D Award of contract
o Notice to proceed
Task 4b Construction Administration
This task includes managing contractor submittal rev:ew, answering requests for informat:on, and
issuing work directives. A fuli lime engineering construction observer will be on site for the d1,..:ration
of the project. Constructfon observer duties include: documenting of pre-construct:on conditions.
daily construction diary, preparing change orders. addressing questions of contractors on site,
reviewing/ updating project schedule. reviewing contractor log subm:ttals and pay requests.
forecasting cash flow, notifying contractor if work is not acceptable.
Deliverables:
c Notice of Completion
Task 4c Construction/lmolementation Activities
Construction activities are outlined befow.
4c{I): Mobilization and Demobi'.izaf;on -contractor wil mob1tize equipment and secure
permits and a safety plan for the Project. Pre-construction photographs of an construction
sites wm be taken.
4c(2): Project Construction -This task incl..1des work to construct pipeline Expansion
Segments : a ond 7. including instal:ation of opprox:motely 14. 150 finear feet of pvc
pipelines and restorot;on of roadway surface improvements. It o so includes construction
activities for the 2 MGD WRF expansion. WRF expansion requires construction of. an
Amendment #1 Grant Agreement No. 4600010901
Page3of9
additional feed pump, 2 MGD microfiltration or ultrafiltration treatment system and
chlorine contact basin, onsite pipeline extensions, and installation of controllers and fiber
optic/cable extensions.
4c{3): Customer Retrofit -This task involves retrofitting approximately 30 customers
identified as "Adjacent to Existing", who ofready hove recycled water infrastructure in
place and require retrofitting for connection to adjacent recycled water pipelines.
4c{4): Performance Testing and Demobilization-This task involves pressure testing installed
pipelines, removing equipment and material from staging areas, and testing of the new
WRF treatment tra:n and controls. Post-construction photos will be taken.
4c{S): Outreach -Targeted outreach to lrrigators and site managers about turf
management. including the salt and nutrient content of recycled water and how this con
offset some fertilizer use.
4c{6): Environmental Compliance - A Mitigation Monitoring and Reporting Program
(MMRP) has been adopted as port of this CEQA comp!iance and will be implemented.
Deliverables:
o Photographic documentation
D Engineers Certification
0 MMRP
o Copies of outreach materials
Amendmem #1 Grant Agreement No. 4600010901
Page4 o/9
PROJECT 6: RINCON CUSTOMER-DRIVEN DEMAND MANAGEMENT PROGRAM
IMPLEMENTING AGENCY: Rincon del Dlablo Municipal Water District (Rincon)
PROJECT DESCRIPTION: Provide WoferSmart technofogy to show customers real-time water consumption
data to encourage water conservation, and to potenfiaUy reduce up to 400 AFY.
Task 1 Project Administration: Budget Category (a)
Tosic lo Proiect Management
Manage grant agreement including compliance with grant requirements, and preparation end
submission of supporting grant documents and coordination with the San Diego IRWM Program
Manager. Prepare invoices including relevant supporting documentation for submittal to DWR via
SDCWA. This task also includes administrative responsibilities associated with the project such as
coordinafng with partnering agencies.
Deliverables:
o Environmental Information Form (EIF}
o Financial Statements
o Invoices
o Other Applicable Project Deliverables
Tosk 1 b Labor Camplionce Program
Take all measures necessary to ensure compliance with applicable California labor Code
requirements. including, preparation and implementation of a labor compliance program or
including any payments to the Deportment of Industrial Relations under labor Code Section
1771.3.
Deliverables:
0 Proof of labor compliance upon request
Task I c Reporting
Prepare quarterly progress reports detailing work completed during reporting period as outlined in
Exhibit (G) of this agreement. Submit reports to SDCWA for review and inclusion in o progress report
to be submitted to DWR.
Prepare Project Completion Report and submit to DWR via SDCWA for DWR Project Manager's
comment and review no later than 90 days otter project completion. Prepare Fina; Report
addressing SDCW A/DWRs comments. The report shall be prepared and presented in accordance
with the provision of Exhibit G.
Deliverables:
o Quarterly Project Progress Reports
o Final Project Completion Report
Task 2 Land Purchase/Easement: Budget Category (b)
There ore no easement acquisitions or right-of-ways that will be required for this program.
Task 3 Plonnlng/Deslgn/Englneerlng and Environmental Documentation: Budget Category (c)
Task 3a Feasibility Studies
Alt water savings projections were developed as engineering estimates using the best ava:loble
information and past program experience. No further planning is anticipated. This work is not
included as part of the budget.
Deliverables:
o Proof of the purchase of orders for the existing and project-related AMI Installation
program
Task 3b CEQA Docvmentotion
This program does not meet the CEQA definition of a "project" and therefore no environmental
documentation is required to be submitted.
Amendment #1
Task 3c Permitting
No permitting is required as port of this program.
Task 3d Design
No design is required as port of this program.
Task 3e Project Monitoring Plan
Grant Agreement No .. 4600010901
Page5of9
Develop and submit a Project Monitoring Pion. Along with the Project Performance Measures
Table provided by DWR project manager, the Project Monitoring Plan will include baseline
conditions, a brief discussion of monitoring systems to be used, methodology of monitoring.
frequency of monitoring, and location of monitoring points.
Deliverables:
Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Task 4g Contract Services
No implementation-related contracting is required for this program.
Task 4b Construction Administration
Installation work of the AMI meters is provided by in-house staff, thus. no implementation-related
contracting is required for this program. All installation work of the AMI meters is being done in-
house. thus no contracting required.
Tosk 4c Constru9tion/lmplementotion Activities
Construction activities ore outlined below.
4c( l ): Implementation Preparation: This task involves development and implementation of on initial
customer survey and outreach event to familiarize customers with the WoterSmort portal
monitor. Rincon will monitor customer participation and reach out to customers with
training and information to promote participation and proper use of the system. During the
first six months of the program, significant interface between Rincon and its customers is
required. Additional office support will be required to answer customer questions, address
connectivity issues, and provide instructions. Office support will also assist with public
outreach efforts. including press releases. website releases. and project coordination. In
order to familiarize customers with the WaterSmort portal, a magnetic postcard mailing
that includes details about the program will be prepared and distributed to all of Rincon's
customers.
4c(2) Project Implementation: Rincon operations staff will install the remaining radio-compatible
meters and transmitters once purchased. The customer accounts will be adjusted to
reflect new meter numbers. and the transmitters will be activated. Materials such as radio-
compatible meters. transmitters. and software licensing will be purchased as part of this
task. Software licensing to occur over a five-year period.
Oellverables:
D Photographic documentation
o Copies of initial customer survey
D Monthly report that includes progress on the number of customers using the WaterSmort
portal
D Log that shows the number of customers contacted for training and participation
D log that shows the number of incoming phone calls with a description of the purpose of
the coll
o Outreach information. including press releases. website releases, etc.
o Magnetic postcard and log of distribution to customers
D Records showing the instaltation dote and activation date of the radio compatible meters
and transmitters, including meter number, transmitter number. and installation date.
Amendment #1
EXHIBIT B: BUDGET
Project Project Title #
Reynolds Groundwater
1 Desalination Facility
Expansion
Fallbrook Plant Nurseries
2 Recycled Water Distribution
System Expansion
3 Carlsbad Recycled Water
Plant and Distribution System
Regional Demand
4 Management Program
Expansion
5 San Diego Water Use
Reduction Program
Rincon Customer·Driven
6 Demand Management
Program
Regional Emergency Storage
7 and Conveyance lntertie
Optimization
8 Grant Administration
Total Cost
Overall Budget
Request Grant
Amount
GrantAgreementNo.4600010901
Page6of9
Cost Share: Total Non-State Addition al Project {Required Cost Share
Funding Match) Cost
$5,000,000 $10,519,819 $26,259,457 $41,779,276
$772,000 $528,294 $656,354 $1,956,648
$4,000,000 $3,587,282 $3,855,718 $11,443,000
$1,008,912 $337,071 $-$1,345,983
$699,520 $232,920 $-$932,440
$600,927 $200,309 $~ $801,236
$2,554,500 $1,123,984 $-$3,678,484
$439,079 $-$-$439,079
$15,074,938 $16,529,679 $30,771,529 $62,376,146
---
Task
a
b
C
d
( ifask
a
b
C
d
Amendment #I Grant Agreement No. 4600010901
Page 7of9
Project 2: Fallbrook Plant Nurseries Recycled Water Distribution System Expansion
Requested Cost Share: Non-State Additional
Category Grant (Required Funding Cost Total Project Cost
Amount Match) Share
Direct Project Administration $0 $18,200 $0 $18,200
Land Purchase/Easement $0 $0 $5,000 $5,000
Planning/Design/Engineering/
Environmental $0 $105,000 $0 $105,000
Documentation
Construction/Implementation $772,000 $405,094 $651,354 $1,828,448
Total Cost $772,000 $528,294 $656,354 $1,956,648
Project 3: Carlsbad Recycled Water Plant and Distribution System
Requested Cost Share: Non-State Additional Category Grant (Required Funding Cost Share Total Project Cost
Amount Match)
Direct Project Administration $0 $145,000 $0 $145,000
Land Purchase/Easement $0 $0 $0 $0
Planning/Design/Engineering/
Environmental $230,000 $666,000 $0 $896,000
Documentation
Construction/Implementation $3,770,000 $2,776,282 $3,855,718 $10,402,000
Total Cost $4,000,000 $3,587,282 $3,855,718 $11,443,000
Amendment #1 Grant Agreement No. 4600010901
Page8of9
Project 6: Rincon Customer-Driven Demand Management Program
Cost Share:
Requested Non-State _Additional Total
Task Category Grant (Required Cost Share Project
Amount Funding Cost
Match)
a Direct Project Administration $66,877 $1,008 $0 $67,885
b Land Purchase/Easement $0 $0 $0 $0
C Planning/Design/Engineering/ $0 $0 $0 Environmental Documentation $0
d Construction/Implementation $534,050 $199,301 $0 $733,351
Total Cosl $600,927 $200,309 $0 $801,236
• '
Amendment #1
EXHIBIT C: SCHEDULE
Grant Agreement No. 4600010901
Page9of9
Project 6: Rincon Customer-Driven Demand Management Program
Task Category Start Date End Date
Task 1 Direct Project Administration October-14 March-19
Task Jo Project Management October-14 March-19
Task lb Labor Compliance Program --
Task 1 c Reporting October-14 March-19
Task2 Land Purchase/Easement --
Task3 Planning/Design/Engineering/Environmental January-12 September-15 Documentation
Task 3a Feasibility Studies/ Assessment and Januory-12 June-15 Evaluation
Task 3b CEQA Documentation --
Task3c Permitting --
Task3d Design --
Task 3e Project Monitoring Pion October-14 March-19
Task4 Constructton/lmplementatlon October-14 March-19
Task4o Contract Services October-14 September-15
Tosk4b Construction/ Administration October-14 March-19
Task 4c Construction/Implementation Activities October-14 Morch-19
~ SAN DIEGO Integrated Regional Water Management Local Project Sponsor's Request for Contract Amendment Proposition 84 Implementation Grant, Drought Round Project Name: Carlsbad Recycled Water Plant and Distribution System LPS Agreement No.: 84_3_3_80023 Project Sponsor: Carlsbad Municipal Water District Date: 5/17/2016 LPS Amendment Request No: 1 Submitted By: Lindsey Stephenson, CMWD and Shadi Sarni, CMWD Phone:760-603-7356 If Other, please specify: Minor amendment to change the name of a CEQA deliverable from Notice of Preparation to Notice of Intent, consistent with the requirements for a Mitigated Negative Declaration Budget -Reduce Cost Share: Non-State (Required Funding Match) by $699,718.31 from a 37% match to a 31% match J!¥.!JJY..Cl.b.G.Z.CIS.J • .CU.US.USJ.O.U2421.l.lfr!,fa.C.M •• it5.ZIIB.l.iiiil D Change in Goal/Overall Objective 1:8:1 No Change in Goal/Overall Objective *Indicate the current & revised goal/objective below. Skip this portion if No Change box is checked. Current: Revised:
D Click box to attach revised Exhibit A -Scope of Work and other additional documents. Current Revised C8J Click box to attach revised Exhibit B -Budget and other additional documents Current Cost Share: Non-State (Required I Revised Cost Share: Non-State (Required Funding Match) Funding Match) $4.287.ooo I $3,587,282 Reason for Change Reason for Change This change would allow for maximization of WRFP grant and SRF loan amounts for the project. The difference in the current and revised amounts ($699,718.31) will be met with those sources. Click box to attach additional information/documents. SUBMIT ANY REVISIONS TO EXHIBITS IN REDLINE/STRIKEOUT Current Under Task 3b CEQA Documentation; Deliverables: Coov of Notice of Preoaration Revised Under Task 3b CEQA Documentation; Deliverables: Copy of Notice of Intent Reason for Change A Notice of Preparation is not required for a Mitigated Negative Declaration under CEQA, instead a Notice of Intent to Adopt was prepared. This amendment corrects the name of the deliverable. By signing below you are certifying that all information on this form and corresponding attachments are true and accurate. All other terms of the Contract remain in effect. Contract Afflendment will not take effect until executed by all parties. Authorized Signaturev5:¥:'.VA..Ql,,{ ~ Title Senio( £nd1V\eU Date 6/lq/ llo I _______________ IRWM PROGRAM ADMINISTRATION USE ONLY ______________ _ Form Revised on 9/1/2015 Page 2 of 2
Type of Amendment: Major D Minor D Approved By: IRWM Grant Administrator _________ Date: _____ IRWM Program Manager ________ Date: ___ _ DWR IRWM Approval (via email) by ____ _ (attached) Date: ___ _ Comments: _________________________________________________ _ Form Revised on 9/1/2015 Page 3 of 2
Deliverables:
D Copies of all relevqnt feasibility studies
o Phase Ill Recycled Water Project Feasibility Study
D 2012 Recycled Water Master Plan
Task 3b CEQA Documentation
Grant Agreement No. 4600010901
Page 18of58
Prepare and circulate a Notice of Preparation (including tribal notification to the California Native
Heritage Commission). Prepare draft Mitigated Negative Declaration (MND) and release document for
public review. Additionally, CEQA-Plus documentation will be prepared. File Notice of Completion with
State Clearinghouse. Prepare letter stating no legal challenges (or addressing legal challenges}.
Deliverables:
D Copy of Matice of Preparation Copy of Notice of Intent
o Draft and Final MND and CEQA documentation
D Copy of Notice of Completion
D No Legal Challenges letter
Task 3c Permitting
Prepare pertinent permits necessary for the project, including a coastal development permit. Provide
Master Reclamation Permit.
Deliverables:
D Copies of all required permits
Task 3d Design
Complete preliminary design including preliminary design details and development of final design to
produce 100% (Final) design, plans, and specifications.
Deliverables:
D Updated Project Cost Estimate
o 60% Design Documents and Guaranteed Maximum Construction price for water reclamation
facility
o · 100% Design Documents
Task 3e Proiect Monitoring Plan
Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table
provided by DWR project manager, the Project Monitoring Plan will include baseline conditions, a brief
discussion of monitoring systems to be used, methodology of monitoring, frequency of monitoring, and
location of monitoring points.
Deliverables:
D Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Task 4a Contract Services
Activities necessary to secure a contractor and award the contract include: develop bid documents,
prepare advertisement and contract documents for construction contract bidding, conduct pre-bid
meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of
Task 3b CEQA Documentation
Exhibit A-I
Work Plan
Prepare and circulate a Notice oflntent (including tribal notification to the California
Native Heritage Commission). Prepare draft Mitigated Negative Declaration (MND) and
release document for public review. Additionally, CEQA-Plus documentation will be
prepared. File Notice of Completion with State Clearinghouse. Prepare letter stating no
legal challenges ( or addressing legal challenges).
Deliverables:
D Copy of Notice of Intent
D Draft and Final MND and CEQA documentation
D Copy of Notice of Completion
D No Legal Challenges letter
Task
'
a
b
C
d
Exhibit B-1
Budget
Project 3: Carlsbad Recycled Water Plant and Distribution System;
Requested Grant Cost Share: Non-Additional Category State (Required Amount Funding Match) Cost Share
Direct Project $0 $145,000 $0 Administration
Land Purchase / Easement $0 $0 $0
Planning / Design /
Engineering I $230,000 $666,000 $0 Environmental
Documentation
Construction / $3,770,000 $2,776,282 $3,855,718
0 Implementation
Total Cost $4,000,000 $3,587,282 $3,855,718
Total Projecf
Cost
$145,000
$0
$896,000
$10,402,000
$11"443,000
EXHIBIT 2 (CMWD)
GRANT AGREEMENT FOR THE INTEGRA TED REGIONAL WATER MANAGEMENT
PROGRAM RELATED TO PROPOSITION 84, IMPLEMENTATION 2014 DROUGHT
GRANT BETWEEN SAN DIEGO COUNTY WATER AUTHORITY AND
CARLSBAD MUNICIPAL WATER DISTRICT
PROJECT NO. 3-80023
(AGREEMENT NO. 84-3-3-80023)
This Agreement between the San Diego County Water Authority, a county water authority
(Water Authority), and Carlsbad Municipal Water District, a Local Project Sponsor (LPS),
sets forth the understanding of the Water Authority and the LPS (collectively Parties) for the
distribution of a grant award from the State of California Department of Water Resources
(State).
RECITALS:
1. WHEREAS, In November 2006, California voters approved Proposition 84, the Safe
Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection
Bond Act, to assist in financing projects associated with the Integrated Regional Water
Management (IR WM) Plan pursuant to Chapter 8 (commencing with Section 79560
Division 26.5 of the California Water Code (CWC)), collectively referred to as IRWM
Program.
2. WHEREAS, In September 2013, the San Diego IRWM Plan was adopted by the San
Diego Regional Water Management Group as the foundation of long-term IR WM
activities in the San Diego Planning Region.
3. WHEREAS, In September 2011, a new MOU was executed among the City of San
Diego, County of San Diego, and Water Authority for Fiscal Years 2012-2016 IRWM
Grant Program. The MOU establishes the San Diego Regional Water Management
Group (RWMG), and the Parties' roles regarding the San Diego IRWM Plan and the
division of responsibilities for administration of IR WM grant monies.
4. WHEREAS, This MOU among the City of San Diego, County of San Diego, and Water
Authority was amended in May 2015 to extend the provisions through Fiscal Year 2019.
The Recitals are incorporated herein, and the Parties do agree as follows:
1. DEFINITIONS: The following words and terms, unless otherwise defined, shall mean:
a. LPS means Local Project Sponsor. An LPS is a proponent of an individual project
that will be funded as part of the IRWM Program grant from the State. The role of
an LPS could be performed by entities such as the Water Authority, County of San
Diego, City of San Diego, a Water Authority member agency, a municipality, a joint
powers authority, a local public agency, a non-profit 501(c) (3) or a Native
American tribe. The LPS for this Agreement is Carlsbad Municipal Water District.
1
b. Grant Agreement means the Grant Agreement No. 4600010901 between the San
Diego County Water Authority and the State of California, dated August 24, 2015,
for the disbursement of $15,074,938 in grant funds.
c) Project 3-80023: Carlsbad Recycled Water Plant and Distribution System
Expansion
d) LPS Agreement (Agreement): This agreement between the Water Authority and the
Local Project Sponsor for the performance of the project and receipt of the grant
funds allocated for that project.
2. TERM OF AGREEMENT: The term of this Agreement begins on the date this
agreement is executed by the Water Authority and terminates on May 31,2019 or when
all Parties' obligations under this Agreement have been fully satisfied, whichever occurs
earlier.
3. TOTAL PROJECT COSTS: The reasonable total cost of the Project is estimated to be
$11,443,000. These costs are summarized in Exhibit B (Budget). The LPS shall fund
the difference between the estimate of total project costs and the amount specified in
paragraph 4, Grant Amount. The LPS is only responsible for funding the difference for
its project (Funding Match plus Other Cost Share as shown in Exhibit B, Budget).
4. GRANT AMOUNT: The maximum amount payable by the State under the LPS
Agreement for this Project shall not exceed $4,000,000.
5. LPS COST SHARE: LPS agrees to fund the difference between the Total Project Cost
and the Grant Amount (amount specified in Paragraph 4). Cost Share consists of
Funding Match and Additional Cost Share, as documented in Exhibit B (Budget). LPS
cost share for the project funded through this Agreement is estimated to be $7,443,000.
6. FUNDING MATCH: Funding Match is defined as the minimum amount of LPS Cost
Share required, and cannot include other State funds. The LPS Funding Match is
estimated to be $4,287,000. LPS's Funding Match may include in-kind services that are
part of Exhibit A, Work Plan, and performed after January 1, 2010.
7. ADDITIONAL COST SHARE: Additional Cost Share is the amount necessary to fund
the project above the Grant Amount and the Funding Match. Additional Cost Share for
this project is $3,156,000. Additional Cost Share will not be reviewed by the Water
Authority or the State for invoicing purposes; however, the LPS is required to maintain
all financial records associated with the project in accordance with Exhibit G, State and
Water Authority Audit Document Requirements and Funding Match Guidelines for
Local Project Sponsor. LPS's Funding Match may include in-kind services that are part
of Exhibit A, Work Plan, and performed after January 1, 2010.
2
8. LPS RESPONSIBILITIES:
LPS shall:
a) Faithfully and expeditiously perform or cause to be performed all project work as
described in Exhibit A and in accordance with Exhibit B and Exhibit C.
b) Accept and agree to comply with all terms, provisions, conditions, and written
commitments ofthis LPS Agreement, including all incorporated documents, and to
fulfill all assurances, declarations, representations, and statements made by LPS in
the grant application, documents, amendments, and communications filed in support
of its request for Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006 financing.
c) Comply with all applicable California laws and regulations.
d) Implement the project(s) in accordance with applicable provisions of the law.
e) Fulfill its obligations under the LPS and Grant Agreements, and be responsible for
the performance ofthe project.
f) Perform the scope of work for this project including project construction and
management, oversight, compliance, and operations and maintenance associated
with the project. LPS shall also be solely responsible for work and for persons or
entities engaged in work, including, but not limited to, subcontractors, suppliers, and
all providers of services performing work based on this Agreement. LPS shall fulfill
its obligations in a manner that is consistent with this agreement, the Grant
Agreement (4600010901) and the IRWM Program.
g) Be responsible for all disputes arising out of its contracts for work including, but not
limited to, bid disputes and payment disputes with its contractors and consultants or
other entities. State or Water Authority will not mediate disputes between the LPS
and any other entity regarding performance of work.
h) Promptly perform, or cause to be performed, all IRWM Program work as described
in the scope of work for the Project identified in Exhibit A, Work Plan. LPS shall be
responsible for oversight, compliance, and operations and maintenance ofProject(s)
identified in the Grant Agreement. LPS or its representatives shall perform regular
inspections of any construction work in progress.
i) Be solely responsible for design, construction, and operation and maintenance of
project(s) identified in Exhibit A. Review or approval of plans, specifications, bid
documents, or other construction documents by State or the Water Authority is
solely for the purpose of proper administration of grant funds and shall not relieve or
limit responsibilities of LPS with regard to its contractual obligations.
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9. BASIC CONDITIONS: Water Authority shall have no obligation to disburse money
for a project under this agreement until LPS has satisfied the following conditions (if
applicable):
a) LPS shall demonstrate the availability of sufficient funds to complete the project, as
stated in the Grant Award/Commitment Letter, by submitting the most recent three
(3) years of audited financial statements.
b) LPS must demonstrate compliance with the groundwater compliance options set
forth on page 13 and 14 ofthe IRWM Program Guidelines, dated June 2014.
c) For the term ofthis agreement, LPS submits timely Quarterly Progress Reports as
required by Paragraph 19, "Submission of Reports."
d) LPS submits deliverables as specified in Paragraph 19, "Submission of Reports," of
this LPS Agreement and in Exhibit A.
(e) Prior to the beginning of construction or implementation activities, LPS shall submit
the following to the Water Authority:
1. Final plans and specifications certified by a California Registered Civil Engineer
or Geologist, as applicable, for the approved project listed in Exhibit A, Work
Plan of this LPS Agreement.
2. Environmental Documentation
(i) LPS shall submit environmental documentation as listed on the IR WM
Environmental Documentation Submittal Requirements provided by the
Water Authority from DWR, as applicable.
(ii) LPS receives written concurrence ofthe Lead Agency's CEQA/NEPA
documents
State's concurrence of Lead Agency's CEQA documents is fully discretionary
and shall constitute a condition precedent to any work (i.e., construction or
implementation activities) for which it is required. Once CEQA documentation
has been completed, State will consider the environmental documents and decide
whether to continue to fund the projects or to require changes, alterations or other
mitigation. LPS must also demonstrate that it has complied with all applicable
requirements of the National Environmental Policy Act by submitting copies of
any environmental documents, including environmental impact statements,
Finding ofNo Significant Impact, and mitigation monitoring program as may be
required prior to beginning construction/ implementation.
3. A monitoring plan as required by Paragraph 21, "Project Monitoring Plan
Requirements."
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10. DISBURSEMENT OF FUNDS: Following the review and approval of each invoice,
the State will disburse payment to the Water Authority subject to the availability-of
funds through normal State and Water Authority processes. Funds will then be disbursed
by the Water Authority to LPS in response to each approved invoice within forty-five
(45) days of receipt of funds from the State. No disbursement shall be required at any
time in any manner which is in violation of, or in conflict with, federal or state laws, or
regulations which may require any rebates to the federal government or any loss of tax-
free status on state bonds, pursuant to any federal statute or regulation. Any and all
money disbursed by the Water Authority under this LPS Agreement and all interest
earned by LPS shall be used solely to pay eligible costs.
II. ELIGIBLE PROJECT COSTS: Costs as described in Exhibit A (Work Plan) and in
accordance with Exhibit B (Budget) and Exhibit C (Schedule).
LPS shall apply State funds received only to Eligible Project Costs in accordance with
applicable provisions of the law and Exhibit B. Eligible project costs include the
reasonable costs of studies, engineering, design, land and easement acquisition, legal
fees, preparation of environmental documentation, environmental mitigations,
monitoring, and project construction. Reasonable administrative expenses may be
included as Eligible Project Costs and will depend on the complexity of the project
preparation, planning, coordination, construction, acquisitions, and implementation.
Reimbursable administrative expenses are the necessary costs incidentally but directly
related to the projects including the portion of overhead and administrative expenses that
are directly related to the projects included in this Agreement in accordance with the
standard accounting practices of the LPS. Work performed on the projects after
January 17, 2014 shall be eligible for reimbursement with State grant funds.
Costs that are not eligible for reimbursement with State funds cannot be counted as
Funding Match. Costs that are not eligible for reimbursement include, but are not limited
to the following items:
a) Costs, other than those noted above, incurred prior to the award date of the Grant.
b) Operation and maintenance costs, including post construction performance and
monitoring costs.
c) Purchase of equipment not an integral part of a project.
d) Establishing a reserve fund.
e) Purchase of water supply.
f) Monitoring and assessment costs for efforts required after project construction is
complete.
g) Replacement of existing funding sources for ongoing programs.
h) Travel and per diem costs (per diem includes subsistence and other related costs).
i) Support of existing agency requirements and mandates (e.g., punitive regulatory
agency requirement).
j) Purchase of land in excess of the minimum required acreage necessary to operate as
an integral part of a project, as set forth and detailed by engineering and feasibility
studies.
k) Payment of principal or interest of existing indebtedness or any interest payments
unless the debt is incurred after execution of this LPS Agreement, the Water
Authority agrees in writing to the eligibility of the costs for reimbursement before
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the debt is incurred, and the purposes for which the debt is incurred are otherwise
eligible costs. However, this will only be allowed as LPS cost share (i.e., Funding
Match).
1) Overhead not directly related to project costs.
12. METHOD OF PAYMENT: LPS shall submit a copy ofthe invoice for costs incurred
and supporting documentation to the IR WM Grant Administrator via the Prop 84 Web
tool or another electronic means as directed by the Water Authority's Grant
Administrator. Invoices submitted via the Web Tool shall include the following
information:
a. Costs incurred for work performed in implementing the projects during the period
identified in the particular invoice.
b. Costs incurred for any interests in real property (land or easements) that have been
necessarily acquired for the projects during the period identified in the particular
invoice for the implementation of a project.
c. Invoices shall be submitted on forms provided by the Water Authority and shall meet
the following format requirements:
1. Invoices must contain the date of the invoice, the time period covered by the
invoice, and the total amount due.
2. Invoices must be itemized based on the categories (i.e., tasks) specified in
Exhibit B. The amount claimed for salaries/wages/consultant fees must list the
classification or title of each staff/consultant claiming labor costs and include a
calculation formula (i.e., hours or days worked times the hourly or daily rate =
the total amount claimed). A Personnel Rates Billing Support letter (example to
be provided by the Water Authority) must accompany an invoice if agency labor
is being billed.
3. Sufficient evidence (e.g. receipts, copies of checks, time sheets) as determined
by the Water Authority and the State must be provided for all costs included in
the invoice. Additional Cost Share shall be accounted for separately in the
progress reports.
4. Each invoice shall clearly delineate those costs claimed for reimbursement from
the State's Grant Amount, as depicted in Paragraph 4, and those costs that
represent LPS 's Funding Match, as applicable, in Paragraph 6.
5. The Water Authority will notify the LPS, in a timely manner, if upon review of
an invoice, the Water Authority or the State determines that any portion or
portions of the costs claimed are not eligible costs or are not supported by
documentation or receipts acceptable to the Water Authority or the State. LPS
may, within fifteen ( 15) calendar days of the date of receipt of such notice,
submit additional documentation to the Water Authority to cure such
deficiency(ies). IfLPS fails to submit adequate documentation curing the
deficiency(ies), the Water Authority will adjust the pending invoice by the
amount of ineligible or unapproved costs. After the disbursement requirements
in Paragraph 9 "Basic Conditions" are met and approved by the Water Authority
and the State, the Water Authority, will disburse the whole or portions of State
funding to the LPS, following receipt from LPS via US mail, express mail
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delivery, or from Prop 84 Grants Website (Webtool) of an invoice for costs
incurred, including the Required Local Cost Share, and timely Quarterly
Progress Reports as required by Paragraph 19, Submission ofReports. Invoices
shall be submitted no more frequently than quarterly, unless approved in
advance by the Water Authority, in arrears, bearing the Grant Agreement, LPS
Agreement and the Project Numbers. Invoices submitted beyond the quarterly
invoicing schedule must be accompanied by a Progress Report.
13. WITHHOLDING OF GRANT REIMBURSEMENT BY THE WATER
AUTHORITY: If the Water Authority determines that a project is not being
implemented in accordance with the provisions of this LPS Agreement, or that LPS has
failed in any other respect to comply with the provisions of this LPS Agreement, and if
LPS does not remedy any such failure to the Water Authority or State's satisfaction, the
Water Authority may withhold from LPS all or any portion of the State funding and
take any other action that it deems necessary to protect its interests. Where a portion of
the State funding has been disbursed to the LPS and the Water Authority notifies the
LPS of its decision not to release funds that have been withheld pursuant to Paragraph
14, Default Provisions, the portion that has been disbursed shall thereafter be repaid
immediately with interest at the California general obligation bond interest rate at the
time the Water Authority notifies the LPS, as directed by State. The Water Authority
may consider the LPS' s refusal to repay the requested disbursed amount a contract
breach subject to the default provisions in Paragraph 14." If the Water Authority
notifies the LPS of its decision to withhold the entire funding amount from LPS
pursuant to this paragraph, this LPS Agreement shall terminate upon receipt of such
notice by LPS and the Water Authority shall no longer be required to provide funds
under this LPS Agreement and the LPS Agreement shall no longer be binding on either
party.
14. DEFAULT PROVISIONS: LPS will be in default under this LPS Agreement if any of
the following occur:
a) Material breaches of this LPS Agreement, or any other agreement between LPS and
Water Authority evidencing or securing LPS 's obligations.
b) Making any false warranty, representation, or statement with respect to this LPS
Agreement or the application filed to secure this LPS Agreement.
c) Failure to maintain an IRWM Plan that meets the requirements contained in Part 2.2
of Division 6 of the California Water Code (CWC) commencing with Section 10530.
d) Failure to operate or maintain projects in accordance with this LPS Agreement.
e) Failure to make any remittance required by this LPS Agreement.
f) Failure to comply with Labor Compliance Program requirements, as required by
Paragraph 18, Labor Compliance.
g) Failure to submit timely progress reports.
h) Failure to routinely invoice the Water Authority.
i) Failure to meet any ofthe requirements set forth in Paragraph 15, Continuing
Eligibility.
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If an event of default occurs, the Water Authority shall provide a notice of default to the
LPS and shall give LPS at least five (5) calendar days to cure the default from the date
the notice is sent via first-class mail to the LPS. If the LPS fails to cure the default
within the time prescribed by the Water Authority, the Water Authority may do any of
the following:
1) Declare the funding be immediately repaid with interest, which shall be equal to
State of California general obligation bond interest rate in effect at the time of
the default.
2) Terminate any obligation to make future payments to LPS.
3) Terminate the LPS Agreement.
4) Take any other action that it deems necessary to protect its interests.
If the Water Authority finds it necessary to enforce this provision of this LPS Agreement
in the manner provided by the law, the LPS agrees to pay all costs incurred by the
Water Authority including, but not limited to, reasonable attorneys' fees, legal expenses,
and costs.
15. CONTINUING ELIGIBILITY: LPS must meet the following ongoing
requirement(s) to remain eligible to receive State funds.
a) An urban water supplier that receives grant funds governed by this LPS Agreement
shall:
1) Maintain compliance with the Urban Water Management Planning Act
(CWC§10610 et. seq.) and Sustainable Water Use and Demand Reduction, Part
2.55 ofDivision 6 (CWC§10608 et. Seq.) Urban Water Supplier that have
submitted an AB1420 compliance Table 2 must submit until June 30, 2016:
i) List of tasks to implement the BMPs listed in 1420 compliance Table 2 and a
corresponding schedule and budget.
By July 1, 2016, all urban water suppliers must submit documentation that
demonstrates they are meeting the 2015 interim Gallons Per Capita Per Day (GPCD)
target. If not meeting the interim target, also include a schedule, financing plan and
budget for achieving the GPCD, as required pursuant to CWC § 10608.24.
2) Have its 2010 UWMP deemed consistent by DWR. The 2015 UWMP update
will be required to be submitted to DWR in 2016. For more information visit the
following website: http://www. water.ca.gov /urbanwatermanagement
b) An agricultural water supplier receiving grant funding must:
1) Comply with Sustainable Water Use and Demand Reduction requirements
outlined in Part 2.5 5 (commencing with 1 0608) of Division 6 of the California
Water Code (CWC) before July 1, 2016.
i) Submit a schedule, financing plan, and budget for implementation of the
efficient water management practices, as required, pursuant to ewe
§ 10608.48, for inclusion in the grant agreement as an Exhibit.
2) Have its Agricultural Water Management Plan (AWMP) deemed consistent by
DWR. The next AWMP update will be required in 2016. For more information
visit the following website:
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http:/ /vvww. water. ca. gov /wateruseefficiency/ agricultural I agmgmt.cfm
c) Grantees diverting surface water must maintain compliance with diversion reporting
requirements as outlined in Part 5.1 of Division 2 ofthe CWC.
d) Projects with potential groundwater impacts must demonstrate compliance with the
groundwater compliance options set forth on pages 13 and 14 of the IR WM Program
Guidelines, dated June 2014.
e) Project Proponents that have been designated as monitoring entities under the
California Statewide Groundwater Elevation Monitoring (CASGEM) Program must
maintain reporting compliance, as required by CWC§ 10932 and the CASGEM
Program.
16. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS: LPS shall
be responsible for obtaining any and all permits, licenses, and approvals required for
performing any work under this LPS Agreement, including those necessary to perform
design, construction, or operation and maintenance of the Projects. LPS shall be
responsible for observing and complying with any applicable federal, state, and local
laws, rules or regulations affecting any such work, specifically those including, but not
limited to, environmental, procurement, and safety laws, rules, regulations, and
ordinances. LPS shall provide copies of permits and approvals to the Water Authority.
17. RELATIONSHIP OF PARTIES: LPS is solely responsible for design, construction,
and operation and maintenance of projects within the work plan. Review or approval of
plans, specifications, bid documents, or other construction documents by the Water
Authority and the State is solely for the purpose of proper administration of funds by the
Water Authority or the State and shall not be deemed to relieve or restrict
responsibilities of the LPS under this Agreement.
18. LABOR COMPLIANCE: LPS agrees to comply with all applicable California Labor
Code requirements as stated in D.27 of Exhibit D, Standard Conditions. For a public
works project, LPS must have in effect a Department of Industrial Relations-approved
Labor Compliance Program (LCP). At the Water Authority's request, LPS must
promptly submit written evidence of LPS' s compliance with this requirement.
19. SUBMISSION OF REPORTS: The submittal and approval of all reports is a
requirement for the successful completion of this LPS Agreement. Reports shall meet
generally accepted professional standards for technical reporting and shall be proofread
for content, numerical accuracy, spelling, and grammar prior to submittal to the Water
Authority. All reports shall be submitted to the Water Authority's Grants Administrator
via the Water Authority's Prop 84 Web tool, or as directed by the Grant Administrator.
If requested, LPS shall promptly provide any additional information deemed necessary
by the Water Authority for the approval of reports. Reports shall be presented in the
formats described in the applicable portion of Exhibit E, Report Formats and
Requirements. The timely submittal of reports is a requirement for initial and continued
9
disbursement of State funds. Submittal and subsequent approval by the Water Authority
and by the State of a Project Completion Report is a requirement for the release of any
funds retained for such projects.
• Progress Reports: LPS shall submit progress reports on a quarterly basis to meet the
State's requirement for disbursement of funds. The reporting period shall not exceed
one quarter in length. The report must be submitted by the due date as set by the
Water Authority. The progress reports shall be uploaded to the Water Authority's
Prop 84 Grant Website (Web tool) or as directed by the Water Authority's Grant
Administrator fifteen (15) calendar days after the end of the previous quarter.
Quarter period cycle will be determined after execution of this LPS Agreement by
the Water Authority. The progress reports shall provide a brief description of the
work performed during the reporting period including: LPS's activities, milestones
achieved, any accomplishments, and any problems encountered in the performance
of the work under this LPS Agreement. Reporting issues must be resolved within the
deadline specified by the Water Authority or an invoice associated with a progress
report may not be processed. Reporting format is specified in Exhibit E, Report
Formats and Requirements.
• Water Management Status Report: Until June 30, 2016, if Local Project Sponsor is
an urban water supplier that submitted AB 1420 compliance Table 2, it shall submit a
status report on the implementation of AB 1420 status. The status report shall be
uploaded into GRanTS no laterthanApril20, 2016. By July 1, 2016, an urban
water supplier LPS must submit an UWMP that demonstrates that it is meeting the
2015 interim SBx7 -7 GPCD target. If not meeting the interim target, the urban water
supplier must also submit, with the UWMP, a schedule, financing plan, and budget
for achieving the GPCD, as required pursuant to CWC § 10608.24. An urban water
supplier that is not meeting its 2015 GPCD target will subsequently have to submit
an annual report that includes a schedule, financing plan, and budget for achieving
the GPCD, as required pursuant to CWC § 10608.24 every year by June 30, starting
June 30, 2017. Failure to progress on implementation may result in continuing grant
eligibility actions under Paragraph 15, Continuing Eligibility.
• Project Completion Report: LPS shall prepare and submit to the Water Authority a
separate Project Completion Report for each project. LPS shall submit a Project
Completion Report within sixty (60) calendar days of projects completion. Project
Completion Report(s) shall include, in part, a description of actual work done, any
changes or amendments to each project, and a final schedule showing actual
progress versus planned progress, copies of any final documents or reports generated
or utilized during a project. The Project Completion Report shall also include, if
applicable, certification of final project by a California Registered Professional
(Civil Engineer or Geologist, as appropriate), consistent with Standard Conditions
D.19 in Exhibit D. A DWR "Certification of Project Completion" form will be
provided by the Water Authority from the State.
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• Post-Performance Reports: LPS shall submit Post-Performance Reports. Post-
Performance Reports shall be submitted to the Water Authority within sixty (60)
calendar days after the first operational year of a project has elapsed. This record
keeping and reporting process shall be repeated annually for a total of 10 years after the
completed projects begins operation and in accordance with the Post Performance
Schedule submitted by the LPS with the project Completion Report.
20. OPERATION AND MAINTENANCE OF PROJECT: For the useful life of
construction and implementation projects and in consideration of the funding made by
the State, LPS agrees to ensure or cause to be performed the commencement and
continued operation of each project, and shall ensure or cause each project to be
operated in an efficient and economical manner; shall ensure all repairs, renewals, and
replacements necessary to the efficient operation of the same are provided; and shall
ensure or cause the same to be maintained in as good and efficient condition as upon its
construction, ordinary and reasonable wear and depreciation excepted. The State and
Water Authority shall not be liable for any cost of such maintenance, management, or
operation. LPS or their successors may, with the written approval of the Water
Authority, transfer this responsibility to use, manage, and maintain the property. For
purposes of this LPS Agreement, "useful life" means period during which an asset,
property, or activity is expected to be usable for the purpose it was acquired or
implemented; "operation costs" include direct costs incurred for material and labor
needed for operations, utilities, insurance, and similar expenses, and "maintenance
costs" include ordinary repairs and replacements of a recurring nature necessary for
capital assets and basic structures and the expenditure of funds necessary to replace or
reconstruct capital assets or basic structures. Refusal of LPS to ensure operation and
maintenance of the projects in accordance with this provision may, at the option of the
Water Authority, be considered a breach of this LPS Agreement and may be treated as
default under Paragraph 14, Default Provisions.
21. PROJECT MONITORING PLAN REQUIREMENTS: LPS shall develop and
submit to the Water Authority a Project Monitoring Plan that incorporates: 1) Project
Performance Monitoring Table requirements outlined in the Proposition 84, 2014
IR WM Drought Grant Proposal Solicitation Package in Exhibit A, and (2) the guidance
provided in Exhibit J, Project Monitoring Plan Guidance. A Project Monitoring Plan
shall be submitted to the Water Authority prior to disbursement of State funds for
construction or monitoring activities. See Exhibit F, Requirements for Statewide
Monitoring and Data Submittal, for web links and information regarding other State
monitoring and data reporting requirements.
22. STATEWIDE MONITORING REQUIREMENTS: LPS shall ensure that its
groundwater project include groundwater monitoring requirements that are consistent
with the Groundwater Quality Monitoring Act of2001 (Part 2.76 (commencing with
Section 1 0780) of Division 6 of California Water Code) and, where applicable, that
projects that affect water quality shall include a monitoring component that allows the
integration of data into statewide monitoring efforts, including where applicable, the
Surface Water Ambient Monitoring Program carried out by the State Water Resources
Control Board.
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23. INDEMNIFICATION:
(a) To the fullest extent permitted by law, the LPS shall (1) immediately defend and (2)
indemnify the Water Authority, the State, and their directors, officers, and employees
from and against all liabilities, claims and damages (including inverse condemnation),
regardless of nature or type arising out of or resulting from LPS' performance of
services under this contract including but not limited to any claims or damages arising
from planning, design, construction, maintenance and/, or any negligent or wrongful act
or omission of the LPS or LPS' officers, employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation all
claims, losses, damages, penalties, fines, and judgments; associated investigation and
administrative expenses; defense costs, including but not limited to reasonable
attorneys' fees; court costs; and costs of alternative dispute resolution. The LPS'
obligation to indemnify applies unless it is adjudicated that its liability was caused by
the sole negligence or willful misconduct of an indemnified party. If it is finally
adjudicated that liability is caused by the comparative active negligence or willful
misconduct of an indemnified party, the LPS indemnification obligation shall be reduced
in proportion to the established comparative liability of the indemnified party.
(b) The duty to defend is a separate and distinct obligation from the LPS's duty to
indemnify. The LPS shall be obligated to defend, in all legal, equitable, administrative,
or special proceedings, with counsel approved by the Water Authority and State, the
Water Authority and State, their directors, officers, and employees, immediately upon
tender to the LPS of the claim in any form or at any stage of an action or proceeding,
whether or not liability is established. An allegation or determination of comparative
active negligence or willful misconduct by an indemnified party does not relieve the
LPS from its separate and distinct obligation to defend Water Authority and State. The
obligation to defend extends through final judgment, including exhaustion of any
appeals.
(c)The review, acceptance or approval of the LPS's work or work product by any
indemnified party shall not affect, relieve or reduce the LPS's indemnification or
defense obligations. This Section survives completion of the services or the termination
of this contract. The provisions of this Section are not limited by and do not affect the
provisions of this contract relating to insurance.
LPS shall require its contractors or subcontractors to name the Water Authority and the
State, its officers, agents and employees as additional insured on their liability
insurance for activities undertaken pursuant to this LPS Agreement.
24. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: The LPS Agreement
may be terminated by written notice at any time before completion of the IRWM
Program at the option of Water Authority or State if LPS breaches the LPS Agreement
12
and has been asked to cure the breach within a reasonable time and fails to do so. If the
LPS Agreement is terminated, LPS shall, upon demand, immediately repay to State an
amount equal to the amount of grant funds disbursed to LPS. Interest shall accrue on all
amounts due at the legal rate of interest allowed by law from the date that notice of
termination is mailed to LPS to the date of full repayment.
25. INSURANCE:
(a) The LPS shall procure and maintain during the period of performance of this
Contract insurance from insurance companies admitted to do business in the State of
California, as set forth in this Section or as additionally required by supplemental
condition. An approved combination of pooled and self-insurance coverage is an
acceptable alternative for general liability, auto coverage, or workers comp. These
policies shall be primary insurance as to the Water Authority so that any other coverage
held by the Water Authority shall not contribute to any loss under the LPS' s
insurance. Coverage may be provided by a combination of primary and excess
insurance policies, provided all insurers meet the requirements of this Section.
(b) All insurance shall cover occurrences during the coverage period.
(c) The coverage amount of each policy of insurance shall be as required by the Water
Authority:
(1) The following insurance and limits are required for the contract:
General Liability: Coverage at least as broad as ISO form GC 00 01 10 01
Limit per occurrence and aggregate: $2,000,000
(d) The insurance policies shall be endorsed as follows:
( 1) For the general commercial liability as well as excess or umbrella insurance
covering risks within the scope of that type insurance, the Water Authority, the
State its directors, officers, employees and agents are included as additional
insureds with regard to liability and defense of suits or claims arising from the
operations, products and activities performed by or on behalf of the Named
Insured. The LPS's insurance applies separately to each insured, including
insureds added pursuant to this paragraph, against whom claim is made or suit is
brought except with respect to the policy limits of liability. The inclusion of any
person or entity as an insured shall not affect any right which the person or entity
would have as a claimant if not so included. Any failure of the named insureds to
comply with reporting provisions of the policy or breaches or violations of
warranties shall not affect coverage provided to the insureds added pursuant to this
paragraph. The additional insured endorsement shall provide coverage at least as
broad as ISO form CG 20 1 0 1 0 93.
(2) The LPS's insurance shall be primary. Any other insurance or self-insurance
available to the Water Authority or persons stated in paragraph (1) shall be in
excess of and shall not contribute to the Contractor's insurance.
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(3) The insurance shall not be canceled or materially reduced in coverage except
after 30 days prior written notice receipted delivery has been given to the Water
Authority, except 10 days' notice shall be allowed for non-payment of premium.
(e) Unless otherwise specified, the insurance shall be provided by an acceptable
insurance provider, as determined by the Water Authority, which satisfies the following
minimum requirements: An insurance carrier admitted to do business in California and
maintaining an agent for process within the state. Such insurance carrier shall maintain
a current A.M. Best rating classification of "A-(A minus) "or better and a financial
size of $10 million to $24 million (Class V) or better, or a Lloyds of London program
provided by syndicates of Lloyds of London and other London insurance carriers,
providing all participants are qualified to do business in California and the policy
provides for an agent for process in the state and the program assures a financial
capability at least equal to the required classification and size for admitted insurers.
(f) Certificates of insurance and endorsements shall be provided by the LPS and
approved by the Water Authority before execution of the Contract. Endorsements may
be provided on forms provided by the Water Authority, or substantially equivalent
forms provided by the insurer.
Additional Insured: All Consultants/Contractors performing the scope of work on
behalf of the LPS shall name the Water Authority and State (including their directors,
officers, employees, and agents) as an additional insured on their Commercial General
Liability policy and the policy shall be endorsed with use of an ISO form CG 20 10 10
93 or equivalent.
26. PERFORMANCE EVALUATION: Upon completion ofthis LPS Agreement, LPS's
performance will be evaluated by the State and a copy of the evaluation will be placed in
the Water Authority and State files and a copy sent to the LPS.
27. LAWS VENUE: This LPS Agreement shall be interpreted in accordance with the laws
of the state of California. Any action to interpret or enforce any term of this LPS
Agreement shall be filed in a state or federal court in San Diego County.
28. ASSIGNMENT: A Party shall not assign, sublet, or transfer this LPS Agreement or any
rights or interest in this LPS Agreement without the written consent of the Water
Authority, which may be withheld for any reason.
29. INTEGRATION: This LPS Agreement represents the entire understanding of the
Parties as to those matters contained herein. No prior oral or written understanding
should be of any force or effect with respect to those matters covered hereunder. This
LPS Agreement may not be modified or altered except in writing signed by the Parties.
30. NOTIFICATION OF WATER AUTHORITY: LPS shall promptly notify the Water
Authority in writing of the following occurrences:
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a) Events or proposed changes that could affect the scope, budget, or work
performed under this LPS Agreement. LPS agrees that no substantial change
in the scope of a project will be undertaken until written notice of the
proposed change has been provided to the Water Authority and the Water
Authority has given written approval for such change. Substantial changes
generally include changes to the work plan, schedule or term, and budget.
b) Any public or media event publicizing the accomplishments and/or results of
this LPS Agreement and provide the opportunity for attendance and
participation by the Water Authority and State's representatives. LPS shall
make such notification at least 21 calendar days prior to the event.
c) Final inspection of the completed work on a project by a California
Registered Professional (Civil Engineer or Geologist) as applicable, in
accordance with Standard Condition D.19 in Exhibit D. LPS shall notify the
State's Project Manager ofthe inspection date at least 21 calendar days prior
to the inspection in order to provide the Water Authority and the State the
opportunity to participate in the inspection.
31. NOTICES: Any notice, demand, request, consent, or approval that either party desires
or is required to give to the other party under this LPS Agreement shall be in writing.
Notices may be transmitted by any of the following means:
a) By delivery in person.
b) By certified U.S. mail, return receipt requested, postage prepaid.
c) By "overnight" delivery service; provided that next-business-day delivery is
requested by the sender.
d) By electronic means.
Notices delivered in person will be deemed effective immediately on receipt (or refusal
of delivery or receipt). Notices sent by certified mail will be deemed effective given five
(5) calendar days after the date deposited with the U.S. Postal Service. Notices sent by
overnight delivery service will be deemed effective one business day after the date
deposited with the delivery service. Notices sent electronically will be effective on the
date of transmission, which is documented in writing. Notices shall be sent to the
addresses set forth in Paragraph 32. Either Party may, by written notice to the other,
designate a different address that shall be substituted for the one below.
32. PROJECT CONTACT:
a) The Water Authority's Project Manager shall be Mark Stadler, Principal Water
Resources Specialist. Water Authority's Project Manager shall be its representative
for the administration of this LPS Agreement and shall have full authority to act on
behalf of the Water Authority, including authority to execute all payment requests.
Loisa Burton, Grants Administrator, is the representative for day-to-day grant
administration of this LPS agreement.
b) LPS's Project Manager, Shadi Sami, Senior Engineer, shall be its representative for
the administration of this LPS Agreement and shall have full authority to act on
behalf of LPS, including authority to execute all payment requests, demand, request,
15
consent, or approval that either party desires or is required to give to the other party
under this LPS Agreement shall be in writing.
33. PROJECT REPRESENTATIVES CONTACT INFORMATION: The Project
Representatives during the term of this LPS Agreement are as follows:
Carlsbad Municipal Water District
Shadi Sami
5950 El Camino Real
Carlsbad, CA. 92008
Phone: (760) 603-7350
e-mail: shadi.sami@carlsbadca.gov
San Diego County Water Authority
Loisa Burton
4677 Overland Ave.
San Diego, CA 92123
Phone: (858) 522-6739
e-mail: lburton@sdcwa.org
Either party may change its Project Representative or Project Manager upon written
notice to the other party.
33. STANDARD PROVISIONS. The attached Exhibits A through I are fully incorporated
and made a part of this Agreement.
Exhibit A-Work Plan
Exhibit B -Budget
Exhibit C -Schedule
Exhibit D -Standard Conditions
Exhibit E-Report Formats and Requirements
Exhibit F -Requirements for Statewide Monitoring and Data Submittal
Exhibit G-State and Water Authority Audit Document and Funding Match
Guidelines for Local Project Sponsors
Exhibit H-Project Monitoring Plan Guidance
Exhibit I -Grant Agreement 4600010901 between San Diego County Water
Authority and California Department of Water Resources (DWR)
16
Exhibit A
Work Plan
PROJECT 3: CARLSBAD RECYCLED WATER PLANT AND DISTRIBUTION
SYSTEM EXPANSION
IMPLEMENTING AGENCY: Carlsbad Municipal Water District
PROJECT DESCRIPTION: Expand existing water reclamation facility by 2 MOD,
construct pipelines, and complete customer retrofits to deliver 353 AFY of recycled water.
Task 1 Project Administration: Budget Category (a)
Task 1a Project Management
Manage grant agreement including compliance with grant requirements, and
preparation and submission of supporting grant documents and coordination with
IR WM regional manager, SDCW A. Prepare invoices including relevant supporting
documentation for submittal to DWR via SDCW A. This task also includes
administrative responsibilities associated with the project such as coordinating with
partnering agencies.
Delivera b les:
D Environmental Information Form (ElF)
D Financial Statements
D Invoices
D Other Applicable Project Deliverables
Task 1 b Labor Compliance Program
Take all measures necessary to ensure compliance with applicable California Labor
Code requirements, including, preparation and implementation of a labor compliance
program or including any payments to the Department of Industrial Relations under
Labor Code Section 1771.3.
Deliverables:
D Proof of labor compliance upon request
Task 1c Reporting
Prepare quarterly progress reports detailing work completed during reporting period
as outlined in Exhibit E of this agreement. Submit reports to SDCW A for review
and inclusion in a progress report to be submitted to DWR.
Prepare a Project Completion Report and submit to DWR via SDCWA for DWR
Project Manager's comment and review no later than 60 days after project
completion. Prepare Final Report addressing SDCW A/DWRs comments. The report
shall be prepared and presented in accordance with the provision of Exhibit E.
Deliverables:
D Quarterly Project Progress Reports
D Project Completion Report
Task 2 Land Purchase/Easement: Budget Category (b)
Not applicable. There are no easement acquisitions that will be required for this
project.
Task 3 Planning/Design/Engineering and Environmental Documentation: Budget
Category (c)
Task 3a Feasibility Studies
Project Feasibility Studies were completed as part of the project development
process.
Deliverables:
D Copies of all relevant feasibility studies
D Phase III Recycled Water Project Feasibility Study
D 2012 Recycled Water Master Plan
Task 3b CEQA Documentation
Prepare and circulate a Notice of Preparation (including tribal notification to the
California Native Heritage Commission). Prepare draft Mitigated Negative
Declaration (MND) and release document for public review. Additionally, CEQA-
Plus documentation will be prepared. File Notice of Completion with State
Clearinghouse. Prepare letter stating no legal challenges (or addressing legal
challenges).
Deliverables:
D Copy ofNotice of Preparation
D Draft and Final MND and CEQA documentation
D Copy of Notice of Completion
D No Legal Challenges letter
Task 3c Permitting
Prepare pertinent permits necessary for the project, including a coastal development
permit. Provide Master Reclamation Permit.
Deliverables:
D Copies of all required permits
Task 3d Design
Complete preliminary design including preliminary design details and development
of final design to produce 100% (Final) design, plans, and specifications.
Deliverables:
D Updated Project Cost Estimate
D 60% Design Documents and Guaranteed Maximum Construction price for
water reclamation facility.
D 1 00% Design Documents
Task 3e Project Monitoring Plan
Develop and submit a Project Monitoring Plan. Along with the Project Performance
Measures Table provided by DWR project manager, the Project Monitoring Plan
will include baseline conditions, a brief discussion of monitoring systems to be used,
methodology of monitoring, frequency of monitoring, and location of monitoring
points.
Deliverables:
D Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Task 4a Contract Services
Activities necessary to secure a contractor and award the contract include: develop
bid documents, prepare advertisement and contract documents for construction
contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of
the contractor, award of contract, and issuance of notice to proceed. The Water
Reclamation facility Expansion project will be bid separately from the distribution
pipeline project and will utilize the design-build contract process.
Delivera b les:
D Bid documents/Design-Build RFP
D Proof of Advertisement
D Award of contract
D Notice to proceed
Task 4b Construction Administration
This task includes managing contractor submittal review, answering requests for
information, and issuing work directives. A full time engineering construction
observer will be on site for the duration of the project. Construction observer duties
include: documenting of pre-construction conditions, daily construction diary,
preparing change orders, addressing questions of contractors on site, reviewing/
updating project schedule, reviewing contractor log submittals and pay requests,
forecasting cash flow, notifying contractor if work is not acceptable.
Deliverables:
D Notice of Completion
Task 4c Construction/Implementation Activities
Construction activities are outlined below.
4c(l): Mobilization and Demobilization-contractor will mobilize equipment
and secure permits and a safety plan for the Project. Pre-construction
photographs of all construction sites will be taken.
4c(2): Project Construction -This task includes work to construct pipeline
Expansion Segments la and 7, including installation of approximately 14,150
linear feet of pvc pipelines and restoration of roadway surface improvements.
It also includes construction activities for the 2 MGD WRF expansion. WRF
expansion requires construction of, an additional feed pump, 2 MGD
microfiltration or ultrafiltration treatment system and chlorine contact basin,
onsite pipeline extensions, and installation of controllers and fiber optic/cable
extensions.
4c(3): Customer Retrofit -This task involves retrofitting approximately 30
customers identified as "Adjacent to Existing", who already have recycled
water infrastructure in place and require retrofitting for connection to
adjacent recycled water pipelines.
4c(4): Performance Testing and Demobilization-This task involves pressure
testing installed pipelines, removing equipment and material from staging
areas, and testing of the new WRF treatment train and controls. Post-
construction photos will be taken.
4c(5): Outreach-Targeted outreach to irrigators and site managers about turf
management, including the salt and nutrient content of recycled water and
how this can offset some fertilizer use.
4c(6): Environmental Compliance - A Mitigation Monitoring and Reporting
Program (MMRP) has been adopted as part of this CEQA compliance and
will be implemented.
Deliverables:
D Photographic documentation
D Engineers Certification
D MMRP
D Copies of outreach materials
Task
a
b
c
d
Exhibit B
Budget
Project 3: Carlsbad Recycled Water Plant and Distribution System
Cost Share:
Category Requested Non-State Additional
Grant Amount (Required Cost Share
Funding Match)
Direct Project Administration $0 $145,000 $0
Land Purchase/Easement $0 $0 $0
Planning/Design/Engineering/ $230,000 $666,000 $0 Environmental Documentation
Construction/Implementation $3,770,000 $3,476,000 $3,156,000
Total Cost $4,000,000 $4,287,000 $3,156,000
Total
Project
Cost
$145,000
$
-
$896,000
$10,402,000
$11,443,000
Task
Task 1
Task 1a
Task 1b
Task 1c
Task2
Task3
Task 3a
Task 3b
Task 3c
Task 3d
Task 3e
Task4
Task 4a
Task 4b
Task 4c
Exhibit C
Schedule
Project 3: Carlsbad Recycled Water Plant and Distribution System
Category Start Date End Date
Direct Project Administration October-14 Decem ber-17
Project Management October-14 December-1 7
Labor Compliance Program October-14 December-17
Reporting October-14 December-17
Land Purchase/Easement --
Planning/Design/Engineering/Environmental
Documentation January-12 April-17
Feasibility Studies/ Assessment and Evaluation January-12 December-13
CEQA Documentation January-12 May-13
Permitting January-15 April-17
Design January-13 December-14
Project Monitoring Plan January-12 April-17
Construction/Implementation October-14 December-17
Contract Services January-15 June-15
Construction/ Administration June-15 December -17
Construction/Implementation Activities October-14 December-17
EXHIBITD
STANDARD CONDITIONS
1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:
a) Separate Accounting of Funding Disbursements and Interest Records: Local
Project Sponsor shall account for the money disbursed pursuant to this Local
Project Sponsor Agreement separately from all other LPS funds. LPS shall
maintain audit and accounting procedures that are in accordance with generally
accepted accounting principles and practices, consistently applied. LPS shall
keep complete and accurate records of all receipts, disbursements, and interest
earned on expenditures of such funds. LPS shall require its contractors or
subcontractors to maintain books, records, and other documents pertinent to their
work in accordance with generally accepted accounting principles and practices.
Records are subject to inspection by the Water Authority and the State at any and
all reasonable times.
b) Fiscal Management Systems and Accounting Standards: The LPS agrees that, at
a minimum, its fiscal control and accounting procedures will be sufficient to
permit tracing of grant funds to a level of expenditure adequate to establish that
such funds have not been used in violation of state law, this LPS agreement or
the Prop 84, IRWM 2014 Drought Grant Agreement.
c) Disposition of Money Disbursed: All money disbursed pursuant to this LPS
Agreement shall be deposited, administered, and accounted for pursuant to the
provisions of applicable law.
d) Remittance of Unexpended Funds: LPS shall remit to the Water Authority any
unexpended funds that were disbursed to the LPS under this LPS Agreement and
were not used to pay Eligible Project Costs within a period ofthirty30) calendar
days from the final disbursement from the Water Authority to the LPS of funds
or, within fifteen (15) calendar days of the expiration of the LPS Agreement,
whichever comes first.
2. ACKNOWLEDGEMENT OF CREDIT: LPS shall include appropriate
acknowledgement of credit to the State and to all cost-sharing partners for their
support when promoting the Project or using any data and/or information developed
under this LPS Agreement. During construction of the project, LPS shall install a
sign at a prominent location, which shall include a statement that the project is
financed under the Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, administered by State of California,
Department of Water Resources. LPS shall notify the Water Authority that the sign
has been erected by providing a site map with the sign location noted and a
photograph of the sign.
3. AIR OR WATER POLLUTION VIOLATION: Under State laws, the LPS shall
not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to
cease and desist order not subject to review issued pursuant to Section 13301 of the
Water Code for violation of waste discharge requirements or discharge prohibitions;
or (3) finally determined to be in violation of provisions of federal law relating to air
or water pollution.
4. AMENDMENT: This LPS Agreement may be amended at any time by mutual
agreement of the Parties, except insofar as any proposed amendments are in any way
contrary to applicable law. Requests by the LPS for amendments must be in writing
stating the amendment request and the reason for the request. The Water Authority
and the State shall have no obligation to agree to an amendment.
At the request of the LPS, the Water Authority may approve non-material changes if
approved by the State, to the portions of Exhibit A, which concern the budget and
schedule without formally amending this LPS Agreement. Non-material changes
with respect to the budget are changes that only result in reallocation of the budget
and will not result in an increase in the amount of the LPS Agreement. Non-material
changes with respect to each Project schedule are changes that will not extend the
term of Grant Agreement No. 4600010901. Requests for non-material changes to the
budget and schedule must be submitted by the LPS to the Water Authority in writing
and are not effective unless and until specifically approved by the Water Authority,
upon receipt of approval from the State's Project Manager in writing.
5. AMERICANS WITH DISABILITIES ACT: By signing this LPS Agreement,
LPS assures the Water Authority and the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA.
6. APPROVAL: This LPS Agreement is of no force or effect until signed by all parties
to the agreement. LPS may not submit invoices or receive payment until all required
signatures have been obtained.
7. AUDITS: The State or the Water Authority reserves the right to conduct an audit at
any time between the execution of this LPS Agreement and the completion of
Project, with the costs of such audit borne by the Water Authority or the State. After
completion of the Project, the State or the Water Authority may require LPS to
conduct a final audit to State's specifications at LPS expense, such audit to be
conducted by and a report prepared by an independent Certified Public Accountant.
For post completion audits initiated by the Water Authority, costs of independent
auditor firm will be borne by the Water Authority provided that no misappropriation
of funds is discovered as a result of such audit. Failure or refusal by LPS to comply
with this provision shall be considered a breach of this LPS Agreement, and the
Water Authority or the State may elect to pursue any remedies provided in
Paragraph 13 or take any other action it deems necessary to protect its interests.
Pursuant to Government Code Section 8546.7, the LPS shall be subject to the
examination and audit by the California State Auditor and the Water Authority for a
a) The LPS 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
b) The LPS, 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.
12. CLAIMS DISPUTE: Any claim that LPS may have regarding performance of this
LPS Agreement including, but not limited to, claims for additional compensation or
extension of time, shall be submitted to the IR WM Program Manager, within thirty
(30) days ofthe LPS's knowledge ofthe claim. The Water Authority and the LPS
shall then attempt to negotiate a resolution of such claim and process an amendment
to this LPS Agreement to implement the terms of any such resolution.
13. COMPETITIVE BIDDING AND PROCUREMENTS: LPS shall comply with all
applicable laws and regulations regarding securing competitive bids and undertaking
competitive negotiations in LPS' s contracts with other entities for acquisition of
goods and services and construction of public works with funds provided by State,
via the Water Authority, under this LPS Agreement.
14. COMPUTER SOFTWARE: LPS certifies that it has appropriate systems and
controls in place to ensure that state funds will not be used in the performance of this
Agreement for the acquisition, operation, or maintenance of computer software in
violation of copyright laws.
15. CONFLICT OF INTEREST: All participants are subject to State and Federal
conflict of interest laws. Failure to comply with these laws, including business and
financial disclosure provisions, will result in the application being rejected and any
subsequent contract being declared void. Other legal action may also be taken.
Applicable statutes include, but are not limited to, Government Code, Section 1090
and Public Contract Code, Sections 10410 and 10411, for State conflict of interest
requirements.
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest and which is sponsored or funded by any
State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent contractor with any State
agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
in which he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the contract
while employed in any capacity by any State agency. For the twelve-month
period from the date he or she left State employment, no former State officer or
employee may enter into a contract with any State agency if he or she was
employed by that State agency in a policy-making position in the same general
subject area as the proposed contract within the twelve-month period prior to his
or her leaving State service.
c) Employees of the LPS: Employees of the LPS shall comply with all applicable
provisions of law pertaining to conflicts of interest, including but not limited to
any applicable conflict of interest provisions of the California Political Reform
Act, Cal. Gov't Code § 87100 et seq.
d) Employees and Consultants to the LPS: Individuals working on behalf of aLPS
may be required by the Department to file a Statement of Economic Interests
(Fair Political Practices Commission Form 700) if it is determined that an
individual is a consultant for Political Reform Act purposes.
16. DELIVERY OF INFORMATION, REPORTS, AND DATA: LPS agrees to
expeditiously provide throughout the term of this LPS Agreement, such reports, data,
information, and certifications as may be reasonably required by the Water Authority
and the State.
17. DISPOSITION OF EQUIPMENT: LPS shall provide to the Water Authority, not
less than 45 calendar days prior to submission of the final invoice, an itemized
inventory of equipment purchased with funds provided by the State, via the Water
Authority. The inventory shall include all items with a current estimated fair market
value of more than $5,000.00 per item. Within 75 calendar days of receipt of such
inventory the Water Authority shall provide the LPS with a list of the items on the
inventory that the State will take title to. All other items shall become the property of
the LPS. The Water Authority shall arrange for delivery from the LPS to the State,
the items for which the State will take title. Cost of transportation, if any, shall be
borne by the State.
18. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance:
By signing this LPS Agreement, LPS, its contractors or subcontractors hereby
certify, under penalty of perjury under the laws of State of California, compliance
with the requirements of the Drug-Free Workplace Act of 1990 (Government Code
8350 et seq.) and have or will provide a drug-free workplace by taking the following
actions:
a) Publish a statement notifying employees, contractors, and subcontractors that
unlawful manufacture, distribution, dispensation, possession, or use of a
controlled substance is prohibited and specifying actions to be taken against
employees, contractors, or subcontractors for violations, as required by
Government Code Section 8355(a)(l).
b) Establish a Drug-Free Awareness Program, as required by Government Code
Section 8355(a)(2) to inform employees, contractors, or subcontractors about all
ofthe following:
i) The dangers of drug abuse in the workplace,
ii) LPS 's policy of maintaining a drug-free workplace,
iii) Any available counseling, rehabilitation, and employee assistance programs,
and
iv) Penalties that may be imposed upon employees, contractors, and
subcontractors for drug abuse violations.
c) Provide, as required by Government Code Sections 8355(a)(3), that every
employee, contractor, and/or subcontractor who works under this LPS
Agreement:
i) Will receive a copy of the LPS' drug-free policy statement, and
ii) Will agree to abide by terms ofLPS' condition of employment, contract or
subcontract.
19. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED
PROFESSIONAL: Upon completion of the Project, LPS shall provide for a final
inspection and certification by the appropriate registered professional (California
Registered Civil Engineer or Geologist) that the project has been completed in
accordance with submitted final plans and specifications and any modifications
thereto and in accordance with this LPS Agreement. LPS shall notifY the Water
Authority of the inspection date at least twenty one (21) calendar days prior to the
inspection in order to provide the Water Authority and the State the opportunity to
participate in the inspection.
20. LPS COMMITMENTS: LPS accepts and agrees to comply with all terms,
provisions, conditions and commitments of this LPS Agreement, including all
incorporated documents, and to fulfill all assurances, declarations, representations,
and statements made by the LPS in its application, documents, amendments, and
communications filed in support of its request for funding.
21. LPS NAME CHANGE: Water Authority's approval is required to change the
LPS' s name as listed on this LPS Agreement. Upon receipt of legal documentation
of the name change the Water Authority will process an amendment to the LPS
Agreement after receipt of State approval. Payment of invoices presented with a new
name cannot be paid prior to approval by the Water Authority and the State of said
amendment.
22. GOVERNING LAW: This LPS Agreement is governed by and shall be interpreted
in accordance with the laws of the State of California.
23. INDEPENDENT CAPACITY: LPS, its agents and employees in the performance of
this LPS Agreement, shall act in an independent capacity and not as officers,
employees, or agents of the Water Authority or the State.
24. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office
hours, each Party and their duly authorized representatives shall have the right to
inspect and to make copies of any books, records, or reports of either party pertaining
to this LPS Agreement or matters related hereto. Each Party shall maintain and shall
make available at all times for such inspection accurate records of all its costs,
disbursements, and receipts with respect to its activities under this LPS Agreement.
Failure or refusal by LPS to comply with this provision shall be considered a breach
of this Agreement, and the Water Authority or the State may withhold disbursements
to LPS or take any other action it deems necessary to protect its interests.
25. INSPECTIONS OF PROJECT BY STATE: State and the Water Authority shall
have the right to inspect the work being performed at any and all reasonable times
during the term of the LPS Agreement. This right shall extend to any subcontracts,
and LPS shall include provisions ensuring such access in all its contracts or
subcontracts entered into pursuant to its LPS Agreement with the Water Authority.
26. INVOICE DISPUTES: In the event of an invoice dispute, payment will not be made
until the dispute is resolved and a corrected invoice submitted. Failure to use the
Webtool or the physical address exactly as directed or provided may result in return
of the invoice to the LPS. Payment shall be deemed complete upon deposit ofthe
payment, properly addressed, postage prepaid, in the United States mail. Any claim
that LPS may have regarding the performance of this LPS Agreement including, but
not limited to claims for additional compensation or extension of time, shall be
submitted to the IRWM Project Manager within thirty (30) calendar days ofLPS's
knowledge of the claim. The Water Authority and LPS shall then attempt to negotiate
a resolution of such claim and process an amendment to the LPS Agreement to
implement the terms of any such resolution.
27. LABOR CODE COMPLIANCE: The LPS will be required to keep informed of and
take all measures necessary to ensure compliance with applicable California Labor
Code requirements, including, but not limited to, Section 1720 et seq. of the
California Labor Code regarding public works, limitations on use of volunteer labor
(California Labor Code Section 1720.4), labor compliance programs (California
Labor Code Section 1771.5) and payment of prevailing wages for work done and
funded pursuant to these Guidelines, including any payments to the Department of
Industrial Relations under Labor Code Section 1771.3.
28. NONDISCRIMINATION: During the performance of this LPS Agreement, LPS
and its contractors or subcontractors shall not unlawfully discriminate, harass, or
allow harassment against any employee or applicant for employment because of sex
(gender), sexual orientation, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV
and AIDS), mental disability, medical condition (cancer/genetic characteristics), age
(over 40), marital status, and denial of medial and family care leave or pregnancy
disability leave. LPS and its contractors or subcontractors shall ensure that the
evaluation and treatment of their employees and applicants for employment are free
from such discrimination and harassment. LPS and its contractors or subcontractors
shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under
(California Code ofRegulations, 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 LPS Agreement by
reference and made a part hereof as if set forth in full. LPS and its contractors or
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement.
LPS shall include the nondiscrimination and compliance provisions of this clause in
all subcontracts to perform work under this LPS Agreement.
29. NO DISCRIMINATION AGAINST DOMESTIC PARTNERS: For contracts
over $100,000 executed or amended after January 1, 2007, the LPS certifies by
signing this LPS Agreement, under penalty of perjury under the laws of State of
California that LPS is in compliance with Public Contract Code section 10295.3.
30. OPINIONS AND DETERMINATIONS: Where the terms ofthis LPS Agreement
provide for action to be based upon, judgment, approval, review, or determination of
either party hereto, such terms are not intended to be and shall never be construed as
permitting such opinion, judgment, approval, review, or determination to be arbitrary,
capricious, or unreasonable.
31. PERFORMANCE AND ASSURANCES: LPS agrees to faithfully and
expeditiously perform or cause to be performed all Project work as described in
Exhibit A "Work Plan" and to apply State funds received, via the Water Authority,
only to Eligible Project Costs in accordance with applicable provisions of the law. If
the Water Authority must enforce tis provision by legal action, LPS shall pay all costs
incurred by the Water Authority including, but not limited to, reasonable attorney's
fees, legal expenses, and other costs.
32. PRIORITY HIRING CONSIDERATIONS: Ifthis LPS Agreement includes
services in excess of $200,000, the LPS shall give priority consideration in filling
vacancies in positions funded by the LPS Agreement to qualified recipients of aid
under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract
Code §10353.
33. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT WATER
AUTHORITY PERMISSION: The LPS shall not sell, abandon, lease, transfer,
exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any
portion of any real or other property necessarily connected or used in conjunction
with the Projects, or with LPS's service of water, without prior permission of the
Water Authority. LPS shall not take any action, including but not limited to actions
relating to user fees, charges, and assessments that could adversely affect the ability
of LPS to meet its obligations under this LPS Agreement, without prior written
permission of the Water Authority. Water Authority may require that the proceeds
from the disposition of any real or personal property be remitted to the Water
Authority.
34. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified
herein for the enforcement of this LPS Agreement is not exclusive and shall not
deprive the party using such remedy of, or limit the application of, any other remedy
provided by law.
35. RETENTION: Notwithstanding any other provision of this LPS Agreement, the
Water Authority shall, for each project, withhold five percent (5.0%) until January 1,
2018 and ten percent (10.0%), thereafter, ofthe funds requested by LPS for
reimbursement of Eligible Costs. Each project in this LPS Agreement will be eligible
to release its respective retention when that project is completed and LPS has met
requirements of Paragraph 19 "Submission of Reports" as follows: At such time as
the "Project Completion Report" required under Paragraph 19 is submitted to and
approved by the Water Authority, the Water Authority after receipt of funds from the
State shall disburse the retained funds as to that project to LPS, except in the case of
the last project to be completed under Grant Agreement No. 4600010901, in which
case retention for such project will not be disbursed until the "Grant Completion
Report" is submitted to and approved by the Water Authority and the State.
36. RIGHTS IN DATA: LPS 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 LPS Agreement shall be made available to
the State and the Water Authority and shall be in the public domain to the extent to
which release of such materials is required under the California Public Records Act.,
Cal. Gov't Code §6250 et seq. LPS may disclose, disseminate and use in whole or in
part, any final form data and information received, collected and developed under this
LPS Agreement, subject to appropriate acknowledgement of credit to State for
financial support. LPS shall not utilize the materials for any profit-making venture or
sell or grant rights to a third party who intends to do so. The State shall have the right
to use any data described in this paragraph for any public purpose.
37. SEVERABILITY: Should any portion of this LPS Agreement be determined to be
void or unenforceable, such shall be severed from the whole and the LPS Agreement
shall continue as modified.
38. STATE AND WATER AUTHORITY REVIEWS: The Parties agree that review or
approval of projects applications, documents, permits, plans, and specifications or
other project information by the state and the Water Authority is for administrative
purposes only and does not relieve the LPS of their responsibility to properly plan,
design, construct, operate, maintain, implement, or otherwise carry out the projects.
39. SUSPENSION OF PAYMENTS: This LPS Agreement may be subject to
suspension of payments or termination, or both, and LPS may be subject to
debarment if the State or the Water Authority determines that:
a) LPS, its contractors, or subcontractors have made a false certification, or
b) LPS, its contractors, or subcontractors violate the certification by failing to carry
out the requirements in this LPS Agreement.
40. SUCCESSORS AND ASSIGNS: This LPS Agreement and all of its provisions shall
apply to and bind the successors and assigns of the parties. No assignment or transfer
of this LPS Agreement or any part thereof, rights hereunder, or interest herein by the
LPS shall be valid unless and until it is approved by the Water Authority and made
subject to such reasonable terms and conditions as the Water Authority may impose.
41. TERMINATION BY LPS: Subject to the Water Authority and State approval,
which may be reasonably withheld, LPS may terminate this LPS Agreement and be
relieved of contractual obligations. In doing so, LPS must provide a reason(s) for
termination. LPS must submit all progress reports summarizing accomplishments up
until termination date.
42. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 14 of
this LPS Agreement, the State may terminate this LPS Agreement and be relieved of
any payments ifLPS fails to perform the requirements of this LPS Agreement at the
time and in the manner herein, provided including but not limited to reasons of
default under Paragraph 14.
43. TERMINATION WITHOUT CAUSE: The Water Authority may terminate this
LPS Agreement without cause at least thirty (30) days advance written notice. The
LPS shall be reimbursed for all reasonable expenses incurred up to the date of
termination.
44. THIRD PARTY BENEFICIARIES: The parties to this LPS Agreement do not
intend to create rights in, or grant remedies to, any third party as a beneficiary of this
LPS Agreement, or any duty, covenant, obligation or understanding established
herein.
45. TIMELINESS: Time is ofthe essence in this LPS Agreement.
46. TRAVEL: LPS agrees that travel and per diem costs shall NOT be eligible for
reimbursement with State funds, and shall NOT be eligible for computing LPS cost
match. Travel includes the costs of transportation, subsistence, and other associated
costs incurred by personnel during the term of this LPS Agreement.
47. WAIVER OF RIGHTS: No provision ofthis LPS Agreement shall be deemed
waived unless expressly waived in writing. It is the intention of the parties that from
time to time either party may waive any of its rights under this LPS Agreement unless
contrary to law. Any waiver by either party of rights arising in connection with the
LPS Agreement shall not be deemed to be a waiver with respect to any other rights or
matters, and such provisions shall continue in full force and effect.
48. WORKERS' COMPENSATION: LPS affirms that it is aware ofthe provisions of
Section 3700 of the California Labor Code, which requires every employer to be
insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and LPS affirms that it will comply with
such provisions before commencing the performance of the work under this LPS
Agreement and will make its contractors and subcontractors aware of this provision.
EXHIBITE
REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain the Water Authority's
approval before submitting a report in an alternative format.
QUARTERLY PROGRESS REPORT
Progress Reports shall generally use the following format. This format may be modified as
necessary to effectively communicate information.
Local Project Sponsor shall submit Quarterly Progress Reports on a consistent basis to meet
the Water Authority's and State's requirements for disbursement of funds. The quarterly
progress report should describe the work performed during the reporting period. For each
project, discuss the following at the task level, as organized in Exhibit A Work Plan.
Project Status
Describe the work performed during the time period covered by the report, organized by
Exhibit A, "Work Plan" tasks/subtasks/categories, including but not limited to:
• Updates on all ongoing tasks.
• Estimates of the percent (%) complete.
• Discussion of any project related work completed this reporting period.
• Milestones or deliverables completed/submitted during the reporting period.
• Scheduling concerns and issues encountered that may delay completion of the
task
• Photo documentation, as appropriate.
Labor Compliance
• Describe labor compliance status for the project.
Cost Information
For each project provide the following:
• Costs-to-date categorized by Grant, Funding Match and "Other Costs", as
applicable.
• Percent of total project costs completed.
• A brief description of any DWR approved amendments during the period.
• Estimated project costs to be invoiced (billed) to the Water Authority next quarter.
EQUIPMENT INVENTORY
Description of item purchased, quantity and total amount of any equipment purchased over
$5,000.
Schedule Information
A list of any changes approved to the Schedule in accordance with Local Project Sponsor
Agreement and a revised schedule, by task, if changed from latest reported schedule.
Anticipated Activities Next Quarter
Discuss the following at the project level, as organized in Exhibit A Work Plan:
• Description of anticipated activities for the next reporting period.
• Anticipated billing (cash flow) to the Water Authority next reporting period.
PROJECT COMPLETION REPORT
Project Completion Reports shall generally use the following format.
EXECUTIVE SUMMARY
Should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original Grant application.
• Description of actual work completed and any deviations from Exhibit A. List
any official amendments to this Local Project Sponsor's Agreement, with a short
description of the amendment.
Reports and/or Products
The following items should be provided:
• Final Evaluation report
• Electronic copies of any data collected, not previously submitted
• As-built drawings
• Final geodetic survey information
• Self-Certification that the Project meets the stated goal of the LPS Agreement
(e.g. 1 00-year level of flood protection, HMP standard, PI-84-99, etc.)
• Project photos
• Discussion of problems that occurred during the work and how those problems
were resolved
• A final project schedule showing actual progress versus planned progress
Costs and Dispositions of Funds
Provide a list showing the following:
• The date each invoice was submitted to the Water Authority and the State
• The amount of the invoice
• The date the check was received
• The amount of the check (If a check has not been received for the final invoice,
then state this in this section.)
• A summary of the payments made by the LPS for meeting its cost sharing
obligations under this Local Project Sponsor Agreement.
• A summary of final funds disbursement including:
o Labor cost of personnel of agency/ major consultant /sub-consultants.
Indicate personnel, hours, rates, type of profession and reason for
consultant, i.e., design, CEQA work, etc.
o Project cost information, shown by material, equipment, labor costs, and
any change orders
o Any other incurred cost detail
• A statement verifying separate accounting of funding disbursements
• Summary of project cost including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed; and
o A discussion of factors that positively or negatively affected the project
cost and any deviation from the original project cost estimate.
Additional Information
• Benefits derived from the project, with quantification of such benefits provided,
if applicable.
• A final project schedule showing actual progress versus planned progress as
shown in Exhibit B.
• Certification from a California Registered Professional (Civil Engineer or
Geologist, as appropriate) that the project was conducted in accordance with the
approved work plan and any approved modifications thereto.
• Submittal schedule for the Post Performance Report and an outline of the
proposed reporting format.
POST -PERFORMANCE REPORT
Report should be concise, and focus on how (each/the) project is actually performing
compared to its expected performance; whether the project is being operated and
maintained, and providing intended benefits as proposed.
Reports and/or products
• Time period of the annual report (i.e., Oct 2014 through September 2015)
• Short project description
• Discussion of the project benefits
• An assessment of any explanations for any differences between the expected
versus actual project benefits in meeting IRWM priorities as stated in the original
IRWM Implementation Grant application. Where applicable, the reporting
should include quantitative metrics, for example, new acre-feet of water
produced that year, acres of wildlife habitat added, etc.
• Summary of any additional costs and/or benefits deriving from the project since
its completion, if applicable
• Continued reporting on meeting the Output Indicators and Targets discussed in
the Project Monitoring Plan discussed in Paragraph 21 of this LPS Agreement
• Any additional information relevant to or generated by the continued operation
of the project
EXHIBITF
REQUIREMENTS FOR STATEWIDE MONITORING AND DATA SUBMITTAL
Surface and Groundwater Quality Data:
Groundwater quality and ambient surface water quality monitoring data that include
chemical, physical, or biological data shall be submitted to the State as described below,
with a narrative description of data submittal activities included in project reports, as
described in Exhibit E (Report Formats and Requirements).
Surface water quality monitoring data shall be prepared for submission to the California
Environmental Data Exchange Network (CEDEN). The CEDEN data templates are
available on the CEDEN website. Inclusion of additional data elements described on the
data templates is desirable. Data ready for submission should be uploaded to your CEDEN
Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org.
If a project's Work Plan contains a groundwater ambient monitoring element, groundwater
quality monitoring data shall be submitted to the State for inclusion in the State Water
Resources Control Board's Groundwater Ambient Monitoring and Assessment (GAMA)
Program Information on the GAMA Program can be obtained at:
http://www. waterboards.ca.gov /water issues/programs/ gam a/. If further information is
required, the LPS can contact the State Water Resources Control Board (SWRCB) GAMA
Program. A listing ofSWRCB staff involved in the GAMA program can be found at:
http://www.swrcb.ca.gov/water issues/programs/gama/contact.shtml
Groundwater Level Data:
LPS shall submit to DWR groundwater level data collected as part of this grant. Water level
data must be submitted using the California Statewide Groundwater Elevation Monitoring
(CASGEM) online data submission system. LPS should use their official CASGEM
Monitoring Entity or Cooperating Agency status to gain access to the online submittal tool
and submit data. If the data is from wells that are not part of the monitoring network, the
water level measurements should be classified as voluntary measurements in the CASGEM
system. If the LPS is not a Monitoring Entity or Cooperating Agency, please contact the
Water Authority's grant administrator for further assistance with data submittal. The activity
of data submittal should be documented in appropriate progress or final project reports, as
described in Exhibit E (Report Formats and Requirements). Information regarding the
CASGEM program can be found at http://www.water.ca.gov/groundwater/casgem/.
EXHIBITG
STATE AND WATER AUTHORITY AUDIT DOCUMENT REQUIREMENTS AND
FUNDING MATCH GUIDELINES FOR LOCAL PROJECT SPONSORS
The list below details the documents/records that State Auditors typically review if a LPS
Agreement is being audited. Local project sponsor should ensure that such records are
maintained for each State funded Program/Project. Where applicable, this list of documents
also includes documents relating to the local project sponsor's funding match which will be
required for audit purposes.
Internal Controls:
1. Organization chart (e.g., Agency's overall organization chart and organization chart
for this LPS Agreement's funded project).
2. Written internal procedures and flowcharts for the following:
a. Cash receipts and deposits
b. Cash disbursements
c. State reimbursement requests
d. State funding expenditure tracking
e. Guidelines, policies, and procedures on State funded Program/Project
3. Audit reports of the Local Project Sponsor's internal control structure and/or
financial statements.
4. Prior audit reports on State funded Program/Project.
State Funding:
1. Original Local Project Sponsor's Agreement, any approved amendment(s), including
budget modification documents.
2. A list of all bond-funded grants, loans or subventions received from the State.
3. A list of all other funding sources for each Program/Project.
Contracts:
1. All subcontractor and consultant contracts and related, if applicable.
2. Contracts between the Water Authority and the Local Project Sponsor, member
agencies, and project partners as related to the State funded Program/Project.
Invoices:
1. Invoices from vendors and subcontractors for expenditures submitted to the Water
Authority and the State, for payments under the LPS Agreement.
2. Documentation supporting subcontractor invoices to the Water Authority and the
State reimbursement requests and related Local Project Sponsor Agreement budget
line items.
3. Reimbursement requests submitted to the State, via the Water Authority, for the LPS
Agreement.
Cash Documents:
1. Receipts (copies of warrants) showing payments received from the State, via the
Water Authority.
2. Deposit slips or bank statements showing deposit of the payments received from the
Water Authority.
3. Cancelled checks, bank statements, credit card statements or other disbursement
documents evidencing payments made to vendors, subcontractors, consultants,
and/or agents under the Local Project Sponsor's Agreement.
Accounting Records:
1. Ledgers showing receipts and cash disbursement entries for State funding.
2. Ledgers showing receipts and cash disbursement entries of other funding sources.
3. Bridging documents that tie the general ledger to reimbursement requests submitted
to the Water Authority and for the LPS Agreement
Administration Costs:
1. Supporting documents showing the calculation of administration costs
Personnel:
1. List of all contractors and Local Project Sponsor's staff that worked on the State
funded Program/Project.
2. Payroll records including timesheets and ledgers for staff of the local project
sponsor.
3. Supporting documentation showing labor and indirect labor rate methodology.
Project Files:
1. All supporting documentation maintained in the Program/Project files.
2. All LPS Agreement-related correspondence.
Funding Match Guidelines:
Funding Match consists of non-State funds including in-kind services. In-kind services are
defined as work performed or items contributed (i.e., dollar value of non-cash contributions)
by the Local Project Sponsor (and potentially other parties involved) directly related to the
execution of the scope of work (examples: volunteer services, equipment use, and facilities).
The cost of in-kind service can be counted as funding match in-lieu of actual funds (or
revenue) provided by the local project sponsor. Other funding match and in-kind service
eligibility conditions may apply. Provided below is guidance for documenting funding
match with and without in-kind services.
1. Although tracked separately, in-kind services shall be documented and, to the extent
feasible, supported by the same methods used by the Local Project Sponsor for its
own employees. Such documentation should include the following:
a. Detailed description ofthe contributed item(s) or service(s)
b. Purpose for which the contribution was made (tied to Local Project Sponsor's
Work Plan)
c. Name of contributing organization and date of contribution
d. Real or approximate value of contribution. Who valued the contribution and how
the value was determined (e.g., actual, appraisal, fair market value, etc.).
Justification of rate. (See item #2, below)
e. For contributed labor, the person's name, the work performed, the number of
hours contributed, and the pay rate applied
f. If multiple sources exist, these should be summarized on a table with a
summation of cumulative charges
g. Source of contribution and whether it was provided by, obtained with, or
supported by government funds.
2. Rates for volunteer or in-kind services shall be consistent with those paid for similar
work in the Local Project Sponsor's organization. For example, volunteer service of
clearing vegetation performed by an attorney shall be valued at a fair market value
for clearing vegetation, not the rate for professional legal services. In those instances
in which the required skills are not found in the recipient organization, rates shall be
consistent with those paid for similar work in the labor market. Paid fringe benefits
that are reasonable, allowable and allocable may be included in the valuation.
3. Funding match contribution (including in kind services) shall be for costs and
services directly attributed to activities included in the Local Project Sponsor's
Agreement Work Plan. These services, furnished by professional and technical
personnel, consultants, and other skilled and unskilled labor may be counted as in-
kind if the activities are an integral and necessary part of the State funded
Program/Project under the LPS Agreement.
4. Cash contributions made to a Program/Project shall be documented as revenue and
in-kind services as expenditure. These costs should be tracked separately in the
Local Project Sponsor's accounting systems.
EXHIBITH
PROJECT MONITORING PLAN GUIDANCE
Introduction:
Please include a brief description of the project (maximum ~ 150 words) including project
location, implementation elements, and need for project (what problem will the project
address).
Project Monitoring Plan Components:
The Project Monitoring Plan should contain responses to the following questions:
• What are the anticipated project physical benefits?
• What are the corresponding numeric targets for each project benefit?
• How will proposed numeric targets be measured?
• What are the baseline conditions?
• When will the targets be met (upon project completion, five years after completion,
etc.)?
• How often will monitoring be undertaken (monthly yearly, etc.)?
• Where are the monitoring point locations (ex: meter located at.., at stream mile ... )?
Include relevant maps.
• How will the project be maintained (ex: irrigation, pest management, weed
abatement)?
• What will be the frequency and duration of maintenance proposed activities?
• Are there any special environmental considerations (e.g., resource agency
requirements, permit requirements, CEQA/NEPA mitigation measures)?
• Who is responsible for collecting the samples (who is conducting monitoring and/or
maintenance)?
• How, and to whom, will monitoring results be reported (e.g, paper reports, online
databases, public meetings)?
• What adaptive management strategies will be employed if problems are encountered
during routine monitoring or maintenance?
• What is the anticipated life ofthe project?
EXHIBIT I
GRANT AGREEMENT BETWEEN THE STATE Of CALIFORNIA (DEPARTMENT Of WATER RESOURCES) AND
SAN DIEGO COUNTY WATER AUTHORITY
AGREEMENT NUMBER 4600010901
PROPOSITION 841NTEGRATED REGIONAL WATER MANAGEMENT (IRWM) 2014 DROUGHT GRANT
CALIFORNIA PUBLIC RESOURCES CODE §75026 ET SEQ.
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of
California, herein referred to as the "State" or "DWR" and the San Diego County Water Authority, a public
agency, in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein
referred to as the "Grantee", which parties do hereby agree as follows:
1. PURPOSE. State shall provide funding from the Safe Drinking Water, Water Quality and Supply, Flood
ControL River and Coastal Protection Bond Act of 2006 to Grantee to assist in financing projects associated
with the San Diego IRWM region Plan pursuant to Chapter 8 (commencing with Section 79560) of Division
26.5 of the California Water Code (CWC), hereinafter collectively referred to as "IRWM Program."
2. TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on the date this Grant Agreement is
executed by State. and terminates on June 30, 2019 or when all of the Parties' obligations under this Grant
Agreement are fully satisfied, whichever occurs earlier. Execution date is the date the State signs this Grant
Agreement indicated on page 1 0.
3. TOTAL PROJECT COST. The reasonable Total Cost of the Projects is estimated to be $62,376.146.
4. GRANT AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed
$15,07 4,938.
5. GRANTEE COST SHARE. Grantee agrees to fund the difference between the Total Project Cost. and the
Grant Amount (amount specified in Paragraph 4). Cost Share consists of Funding Match and Additional
Cost Share, as documented in Exhibit B (Budget). Additional Cost Share is the amount necessary to fund
the project above the Grant Amount and the Funding Match. Additional Cost Share will not be reviewed
by the State for invoicing purposes; however, the Grantee is required to maintain all financial records
associated with the project in accordance with Exhibit I (State Audit Document Requirements and Funding
Match Guidelines for Grantees).
6. FUNDING MATCH. Funding Match is defined as the minimum amount of Grantee Cost Share required. and
cannot include other State funds. Grantee is required to provide a Funding Match of at least 25% of the
Total Project Cost (unless a Disadvantaged Community project waiver is granted). The Grantee's Funding
Match is estimated to be $17,229,397. Grantee's Funding Match may include in-kind services that are part
of Exhibit A (Work Plan) and performed after January l. 2010.
7. GRANTEE'S RESPONSIBILITY. Grantee and its representatives shall:
a) Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A
(Work Plan) and in accordance with Exhibit B (Budget) and Exhibit C (Schedule).
b) Accept and agree to comply with all terms, provisions, conditions, and written commitments of this
Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and statements made by Grantee in the application. documents, amendments, and
communications filed in support of its request for Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 financing.
c) Comply with all applicable California laws and regulations.
d) Implement the Projects in accordance with applicable provisions of the law.
e) Fulfill its obligations under the Grant Agreement, and be responsible for the performance of the projects.
8. LOCAL PROJECT SPONSOR'S RESPONSIBILITY. Grantee shall assign Local Project Sponsors to act on behalf of
Grantee for the purposes of individual project management. oversight, compliance, and operations and
maintenance. Local Project Sponsors shall be assigned in accordance with the participating agencies
identified in the San Diego IRWM Region grant application. Exhibit F identifies Local Project Sponsors. Local
Project Sponsors shall also act on behalf of Grantee in the fulfillment of Grantee responsibilities where
specifically specified in this Grant Agreement.
Grant Agreement No. 4600010901
Page2 of58
9. BASIC CONDITIONS. State shall have no obligation to disburse money for project(s) under this Grant
Agreement until Grantee has satisfied the following conditions (if applicable):
a} Grantee and Local Project Sponsors demonstrate the availability of sufficient funds to complete each
project by submitting the most recent 3 years of audited financial statements.
b) Grantee must demonstrate compliance with the groundwater compliance options set forth on pages
13 and 14 of the IRWM Program Guidelines. dated June 2014.
c) For the term of this Grant Agreement, Grantee submits timely Quarterly Progress Reports as required by
Paragraph 19. "Submission of Reports."
d) Grantee submits deliverables as specified in Paragraph 19 of this Grant Agreement and in Exhibit A.
e) Prior to the commencement of construction or implementation activities, Grantee shall submit the
following to the State for each project:
1) Final plans and specifications certified by a California Registered Professional (Civil Engineer or
Geologist, as appropriate) for each approved project as listed in Exhibit A of this Grant Agreement.
2) Environmental Documentation:
i) Grantee submits to the State all applicable environmental permits,
ii) Documents that satisfy the CEQA process are received by the State,
iii) State has completed its CEQA compliance review as a Responsible Agency, and
iv} Grantee receives written concurrence from the State of Lead Agency's CEQA document(s) and
State notice of verification of environmental permit submittal.
State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a
condition precedent to any work (i.e .• construction or implementation activities) for which it is
required. Once CEQA documentation has been completed, State will consider the environmental
documents and decide whether to continue to fund the projects or to require changes. alterations
or other mitigation. Grantee must also demonstrate that it has complied with all applicable
requirements of the National Environmental Policy Act by submitting copies of any environmental
documents, including environmental impact statements, Finding of No Significant Impact. and
mitigation monitoring programs as may be required prior to beginning construction/implementation.
3) A monitoring plan as required by Paragraph 21, "Project Monitoring Plan Requirements."
10. DISBURSEMENT OF FUNDS. State will disburse to Grantee the amount approved, subject to the availability of
funds through normal State processes. Notwithstanding any other provision of this Grant 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, or which may require any rebates to the federal government, or
any loss of tax-free status on state bonds. pursuant to any federal statute or regulation. Any and all money
disbursed to Grantee under this Grant Agreement and any and all interest earned by Grantee on such
money shall be used solely to pay Eligible Project Costs, as defined in Paragraph 11 .
11. ELIGIBLE PROJECT COST. Grantee shall apply State funds received only to Eligible Project Costs in
accordance with applicable provisions of the law and Exhibit B. Eligible project costs include the
reasonable costs of studies. engineering, design, land and easement acquisition. legal fees, preparation of
environmental documentation, environmental mitigations, monitoring, and project construction.
Reasonable administrative expenses may be included as Eligible Project Costs and will depend on the
complexity of the project preparation, planning, coordination, construction, acquisitions, and
implementation. Reimbursable administrative expenses are the necessary costs incidentally but directly
related to the projects including the portion of overhead and administrative expenses that are directly
related to the projects included in this Agreement in accordance with the standard accounting practices
of the Grantee. Work performed on the projects after January 17, 2014 shall be eligible for reimbursement.
Costs that are not eligible for reimbursement with State funds cannot be counted as Funding Match. Costs
that are not eligible for reimbursement include, but are not limited to the following items:
a) Costs, other than those noted above, incurred prior to the award date of the Grant.
b) Operation and maintenance costs, including post construction performance and monitoring costs.
c) Purchase of equipment not an integral part of a project.
d) Establishing a reserve fund.
e) Purchase of water supply.
Grant Agreement No. 4600010901
Page3 of58
f) Monitoring and assessment costs for efforts required after project construction is complete.
g) Replacement of existing funding sources for ongoing programs.
h) Travel and per diem costs (per diem includes subsistence and other related costs).
i) Support of existing agency requirements and mandates (e.g., punitive regulatory agency
requirement).
j) Purchase of land in excess of the minimum required acreage necessary to operate as an integral part
of a project, as set forth and detailed by engineering and feasibility studies.
k) Payment of principal or interest of existing indebtedness or any interest payments unless the debt is
incurred after execution of this Grant Agreement, the State agrees in writing to the eligibility of the
costs for reimbursement before the debt is incurred, and the purposes for which the debt is incurred
are otherwise eligible costs. However, this will only be allowed as Grantee cost share (i.e., Funding
Match).
I) Overhead not directly related to project costs.
12. METHOD OF PAYMENT. Submit a copy of invoice for costs incurred and supporting documentation to the
DWR Project Manager via Grant Review and Tracking Systems (GRanTS). Additionally. the original invoice
form with signature and date (in ink) of Grantee's Project Representative, as indicated on page 9 of this
Agreement, must be sent to the DWR Project Manager for approval. Invoices submitted via GRanTS shall
include the following information:
a) Costs incurred for work performed in implementing the projects during the period identified in the
particular invoice.
b) Costs incurred for any interests in real property (land or easements) that have been necessarily
acquired for the projects during the period identified in the particular invoice for the implementation of
a project.
c) Invoices shall be submitted on forms provided by State and shall meet the following format
requirements:
1) Invoices must contain the date of the invoice, the time period covered by the invoice, and the total
amount due.
2) Invoices must be itemized based on the categories (i.e .. tasks) specified in Exhibit B. The amount
claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days
worked times the hourly or daily rate = the total amount claimed).
3) Sufficient evidence (e.g. receipts, copies of checks, time sheets) as determined by the State must
be provided for all costs included in the invoice. Additional Cost Share shall be accounted for
separately in the progress reports.
4) Each invoice shall clearly delineate those costs claimed for reimbursement from the State's Grant
Amount, as depicted in Paragraph 4, and those costs that represent Grantee's Funding Match, as
applicable, in Paragraph 6.
5) DWR Project Manager will notify Grantee, in a timely manner. when, upon review of an Invoice, the
State determines that any portion or portions of the costs claimed are not eligible costs or are not
supported by documentation or receipts acceptable to State. Grantee may, within thirty (30)
calendar days of the date of receipt of such notice, submit additional documentation to State to
cure such deficiency(ies). If Grantee fails to submit adequate documentation curing the
deficiency(ies). State will adjust the pending invoice by the amount of ineligible or unapproved
costs. After the disbursement requirements in Paragraph 9 "Basic Conditions'' are met. State will
disburse the whole or portions of State funding to Grantee, following receipt from Grantee via US
mail or Express mail delivery of a "wet signature" invoice for costs incurred, including Cost Share,
and timely Quarterly Progress Reports as required by Paragraph 19. Submission of Reports. Payment
will be made no more frequently than monthly, in arrears, upon receipt of an invoice bearing the
Grant Agreement number.
Grant Agreement No. 4600010901
Page 4 of 58
13. WITHHOLDING OF DISBURSEMENTS BY STATE. If State determines that a project is not being implemented in
accordance with the provisions of this Grant Agreement, or that Grantee has failed in any other respect to
comply with the provisions of this Grant Agreement, and if Grantee does not remedy any such failure to
State's satisfaction, State may withhold from Grantee all or any portion of the State funding and take any
other action that it deems necessary to protect its interests. Where a portion of the State funding has been
disbursed to the Grantee and State notifies Grantee of its decision not to release funds that have been
withheld pursuant to Paragraph 14, the portion that has been disbursed shall thereafter be repaid
immediately with interest at the California general obligation bond interest rate at the time the State notifies
the Grantee, as directed by State. State may consider Grantee's refusal to repay the requested disbursed
amount a contract breach subject to the default provisions in Paragraph 14, "Default Provisions." If State
notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this
paragraph, this Grant Agreement shall terminate upon receipt of such notice by Grantee and the State
shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no
longer be binding on either party.
14. DEFAULT PROVISIONS. Grantee (and a Local Project Sponsor receiving grant funding through this Grant
Agreement) will be in default under this Grant Agreement if any of the following occur:
a) Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other
agreement between Grantee and State evidencing or securing Grantee's obligations.
b) Making any false warranty, representation, or statement with respect to this Grant Agreement or the
application filed to obtain this Grant Agreement.
c) Failure to maintain an adopted IRWM Plan that meets the requirements contained in Part 2.2 of Division
6 of the ewe, commencing with Section 10530.
d) Failure to operate or maintain projects in accordance with this Grant Agreement.
e) Failure to make any remittance required by this Grant Agreement.
f) Failure to comply with Labor Compliance Program requirements (Paragraph 18).
g) Failure to submit timely progress reports.
h) Failure to routinely invoice State.
i) Failure to meet any of the requirements set forth in Paragraph 15, "Continuing Eligibility."
Should an event of default occur, State shall provide a notice of default to the Grantee and shall give
Grantee at least ten ( 10) calendar days to cure the default from the date the notice is sent via first-class
mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, State
may do any of the following:
i. Declare the funding be immediately repaid, with interest, which shall be equal to State of California
general obligation bond interest rate in effect at the time of the default.
ii. Terminate any obligation to make future payments to Grantee.
iii. Terminate the Grant Agreement.
iv. Take any other action that it deems necessary to protect its interests.
In the event State finds it necessary to enforce this provision of this Grant Agreement in the manner
provided by law, Grantee agrees to pay all costs incurred by State including, but not limited to, reasonable
attorneys' fees, legal expenses, and costs.
15. CONTINUING ELIGIBILITY. Grantee must meet the following ongoing requirements to remain eligible to
receive State funds:
a) An urban water supplier that receives grant funds governed by this Grant Agreement shall:
1) Maintain compliance with the Urban Water Management Planning Act (CWC§ 10610 et. seq.) and
Sustainable Water Use and Demand Reduction, Part 2.55. of Division 6 (CWC§ 10608 et. Seq.). Urban
water suppliers that have submitted an AB 1420 compliance Table 2 must submit, until June 30, 2016:
i) List of tasks to implement the BMPs listed in 1420 compliance Table 2 and a corresponding
schedule and budget.
Grant Agreement No. 4600010901
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By July 1 , 2016 all urban water suppliers must submit documentation that demonstrates they are
meeting the 2015 interim GPCD target. If not meeting the interim target. also include a schedule,
financing plan, and budget for achieving the GPCD, as required pursuant to CWC § 10608.24.
2) Have their 2010 UWMP deemed consistent by DWR. The 2015 UWMP update will be required to be
submitted to DWR in 2016. For more information visit the following website:
http://www.wgter.ca.gov /urbanwatermanagement
b) An agricultural water supplier receiving grant funding must:
1) Comply with Sustainable Water Use and Demand Reduction requirements outlined in Part 2.55
(commencing with § 1 0608) of Division 6 of the CWC. Before July 1, 2016:
i) Submit a schedule, financing plan, and budget for implementation of the efficient water
management practices, required pursuant to ewe § 10608.48, for inclusion in the grant
agreement as an Exhibit.
2) Have their A WMP deemed consistent by DWR. The next A WMP update will be required in 2016. For
more information visit the following website:
http://www.water.ca.gov/wateruseefficiency/agricultural/agmgmt.cfm
c) Grantee's diverting surface water must maintain compliance with diversion reporting requirements as
outlined in Part 5.1 of Division 2 of the CWC.
d) Projects with potential groundwater impacts must demonstrate compliance with the groundwater
compliance options set forth on pages 13 and 14 of the IRWM Program Guidelines, dated June 2014.
e) Project Proponents that have been designated as monitoring entities under the California Statewide
Groundwater Elevation Monitoring (CASGEM) Program must maintain reporting compliance, as
required by CWC§ 1 0932 and the CAS GEM Program.
16. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any
and all permits, licenses, and approvals required for performing any work under this Grant Agreement,
including those necessary to perform design, construction, or operation and maintenance of the Projects.
Grantee shall be responsible for observing and complying with any applicable federal, state, and local
laws, rules or regulations affecting any such work, specifically those including, but not limited to,
environmental, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide
copies of permits and approvals to State.
17. RELATIONSHIP OF PARTIES. Grantee is solely responsible for design, construction, and operation and
maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents,
or other construction documents by State is solely for the purpose of proper administration of funds by State
and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement.
18. LABOR COMPLIANCE. Grantee agrees to comply with all applicable California Labor Code requirements
and Standard Condition D.28 in Exhibit D. Grantee must, independently or through a third party, adopt and
enforce a Department of Industrial Relations-certified Labor Compliance Program (LCP) meeting the
requirements of Labor Code section 1771.5 for projects funded by:
a) Proposition 84 (Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006; PRC sections 75075 et seq.) or
b) Any other funding source requiring an LCP.
At the State's request. Grantee must promptly submit written evidence of Grantee's compliance with the
LCP requirements.
19. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful
completion of this Grant Agreement. Reports shall meet generally accepted professional standards for
technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to
submittal to State. All reports shall be submitted to the State's Project Manager. and shall be submitted via
Grant Agreement No. 4600010901
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DWR's "Grant Review and Tracking System" (GRanTS).If requested, Grantee shall promptly provide any
additional information deemed necessary by State for the approval of reports. Reports shall be presented in
the formats described in the applicable portion of Exhibit G. The timely submittal of reports is a requirement
for initial and continued disbursement of State funds. Submittal and subsequent approval by the State, of a
Project Completion Report is a requirement for the release of any funds retained for such projects.
o Progress Reports: Grantee shall submit progress reports on a regular and consistent basis to meet the
State's requirement for disbursement of funds. The reporting period shall not exceed one quarter in
length. The progress reports shall be sent via e-mail to the State's Project Manager and shall be
uploaded into GRanTS at the frequency specified in Exhibit C, Project Schedule. The progress reports
shall provide a brief description of the work performed during the reporting period including: Grantee's
activities, milestones achieved, any accomplishments, and any problems encountered in the
performance of the work under this Agreement.
Water Management Status Report: Until June 30, 2016, Grantees shall submit status reports on
implementation of AB 1420 status for the urban water suppliers that submitted 1420 compliance Table
2. The status report shall be uploaded into GRanTS no later than Apri130, 2016. By July 1. 2016 all urban
water suppliers must submit an UWMP that demonstrates they are meeting the 2015 interim SBx7 -7 GPCD
target. If not meeting the interim target. the urban water suppliers must also submit. with the UWMP, a
schedule, financing plan, and budget for achieving the GPCD, as required pursuant to ewe §
10608.24. These urban water suppliers (that are not meeting their 2015 GPCD target) will subsequently
have to submit annual reports that include a schedule, financing plan, and budget for achieving the
GPCD, as required pursuant to ewe§ 10608.24 every year by June 30, starting June 30, 2017. Failure to
progress on implementation may result in continuing grant eligibility actions under paragraph 15.
o Project Completion Report: Grantee shall prepare and submit to State a separate Project Completion
Report for each project included in Exhibit A. Grantee shall submit a Project Completion Report within
ninety (90) calendar days of projects completion. Project Completion Reports shall include, in part, a
description of actual work done, any changes or amendments to each project, and a final schedule
showing actual progress versus planned progress, copies of any final documents or reports generated or
utilized during a project. The Project Completion Report shall also include, if applicable, certification of
final project by a California Registered Professional (Civil Engineer or Geologist, as appropriate),
consistent with Standard Condition 0.19 in Exhibit D. A DWR "Certification of Project Completion" form
will be provided by the State.
• Grant Completion Report: Upon completion of all projects included in Exhibit A, Grantee shall submit to
State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90)
calendar days of submitting the Project Completion Report for the final project to be completed under
the Grant Agreement. The Grant Completion Report shall include reimbursement status, a brief
description of each project completed, and how those projects will further the goals of the IRWM Plan
and identify any changes to the !RWM Plan, as a result of project implementation. Retention for the last
project to be completed as part of this Grant Agreement will not be disbursed until the Grant
Completion Report is submitted to and approved by the State.
o Post-Performance Reports: Grantee shall submit Post-Performance Reports. Post-Performance Reports
shall be submitted to State within ninety (90) calendar days after the first operational year of a project
has elapsed. This record keeping and reporting process shall be repeated annually for a total of 10
years after the completed projects begins operation.
20. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation
projects and in consideration of the funding made by State, Grantee agrees to ensure or cause to be
performed the commencement and continued operation of {each/the) project. and shall ensure or cause
(each/the) project to be operated in an efficient and economical manner; shall ensure all repairs,
renewals, and replacements necessary to the efficient operation of the same are provided; and shall
ensure or cause the same to be maintained in as good and efficient condition as upon its construction,
ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such
maintenance, management. or operation. Grantee or their successors may, with the written approval of
Grant Agreement No. 4600010901
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State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant
Agreement, "useful life" means period during which an asset, property, or activity is expected to be usable
for the purpose it was acquired or implemented: "operation costs" include direct costs incurred for material
and labor needed for operations, utilities. insurance, and similar expenses, and "maintenance costs"
include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic
structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic
structures. Refusal of Grantee to ensure operation and maintenance of the projects in accordance with this
provision may, at the option of State, be considered a breach of this Grant Agreement and may be
treated as default under Paragraph 14, "Default Provisions."
21. PROJECT MONITORING PLAN REQUIREMENTS. Grantee shall develop and submit to State a Project
Monitoring Plan that incorporates: (1 ) the Project Performance Monitoring Table requirements outlined in
the Proposition 84 2014 IRWM Drought Grant Proposal Solicitation Package (in Exhibit A), and (2) the
guidance provided in Exhibit J, "Project Monitoring Plan Guidance."
A Project Monitoring Plan shall be submitted to the State prior to disbursement of State funds for
construction or monitoring activities. See Exhibit H, "Requirements for Statewide Monitoring and Data
Submittal", for web links and information regarding other State monitoring and data reporting requirements.
22. STATEWIDE MONITORING REQUIREMENTS. Grantee shall ensure that all groundwater projects and projects
that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring
Act of 2001 (Part 2.76 (commencing with Section 10780) of Division 6 of California Water Code) and, where
applicable, that projects that affect water quality shall include a monitoring component that allows the
integration of data into statewide monitoring efforts, including where applicable, the Surface Water
Ambient Monitoring Program carried out by the State Water Resources Control Board.
23. NOTIFICATION OF STATE. Grantee shall promptly notify State, in writing, of the following items:
a) Events or proposed changes that could affect the scope, budget, or work performed under this Grant
Agreement. Grantee agrees that no substantial change in the scope of a projects will be undertaken
until written notice of the proposed change has been provided to State and State has given written
approval for such change. Substantial changes generally include changes to the work plan, schedule
or term, and budget.
b) Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and
provide the opportunity for attendance and participation by State's representatives. Grantee shall
make such notification at least 14 calendar days prior to the event.
c) Final inspection of the completed work on a project by a California Registered Professional (Civil
Engineer or Geologist, as appropriate), in accordance with Standard Condition D.19 in Exhibit D.
Grantee shall notify the State's Project Manager of the inspection date at least 14 calendar days prior
to the inspection in order to provide State the opportunity to participate in the inspection.
24. NOTICES. Any notice, demand. request, consent, or approval that either party desires or is required to give
to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the
following means:
a) By delivery in person.
b) By certified U.S. mail, return receipt requested, postage prepaid.
c) By "overnight" delivery service; provided that next-business-day delivery is requested by the sender.
d) By electronic means.
Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or
receipt). Notices sent by certified mail will be deemed effective given ten ( 1 0) calendar days after the date
deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective
one business day after the date deposited with the delivery service. Notices sent electronically will be
effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses
Grant Agreement No. 4600010901
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set forth in Paragraph 26. Either party may, by written notice to the other. designate a different address that
shall be substituted for the one below.
25. PERFORMANCE EVALUATION. Upon completion of this Grant Agreement. Grantee's performance will be
evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the
Grantee.
26. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as
follows:
Department of Water Resources
Paula Landis
Chief. Division of IRWM
P.O. Box 942836
Sacramento CA 94236-0001
Phone: (916) 651-9220
e-mail: plandis@water.ca.gov
Direct all inquiries to the Project Manager:
Department of Water Resources
DWR Project Manager
Melissa Sparks
Division of Integrated Regional Water Management
P.O. Box 942836
Sacramento CA 94236-0001
Phone: (916) 651-9221
e-mail: melissa.sparks@water.ca.gov
San Diego County Water Authority
Maureen A. Stapleton
General Manager
4677 Overland A venue
San Diego, CA 92123
Phone: (858) 522-6600
e-mail: mstapleton@sdcwa.org
San Diego County Water Authority
Project Manager
Mark Stadler
IRWM Program Manager
4677 Overland Avenue
San Diego, CA 92123
Phone: (858) 522-6735
e-mail: mstadler@sdcwa.org
Either party may change its Project Representative or Project Manager upon written notice to the other
party.
27. STANDARD PROVISIONS. The following Exhibits are attached and made a part of this Grant Agreement by
this reference:
Exhibit A-Work Plan
Exhibit 8 -Budget
Exhibit C -Schedule
Exhibit D -Standard Conditions
Exhibit E-Authorizing Resolution
Exhibit F -Local Project Sponsors
Exhibit G-Report Formats and Requirements
Exhibit H -Requirements for Statewide Monitoring and Data Submittal
Exhibit I -State Audit Document Requirements and Funding Match Guidelines for Grantees
Exhibit J-Project Monitoring Plan Components
Grant Agreement No. -16000/090/
Page 9 of 58
IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.
STATE OF CALIFORNIA SAN DIEGO COUNTY WATER AUTHORITY
DEPARTMENT OF WATER RESOURCES
hi
Regional Water Management
Approved as to Legal Form and Sufficiency
EXHIBIT A
WORK PLAN
Grant Agreement No. 4600010901
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The Proposition 84 IRWM 2014 Drought Grant agreement provides funding for 8 projects located within the San
Diego IRWM region.
PROJECT 1: REYNOLDS GROUNDWATER DESALINATION FACILITY EXPANSION
IMPLEMENTING AGENCY: Sweetwater Authority
PROJECT DESCRIPTION: Install reverse osmosis treatment, construct new brackish water wells, and install
conveyance and brine line piping to increase locally-produced desalinated water by 5,200 acre-feet per year
(AFY).
Task 1 Project Administration: Budget Category (a)
Task 1 a Project Management
Manage grant agreement including compliance with grant requirements, and preparation and
submission of supporting grant documents and coordination with the San Diego IRWM Program
Manager. Prepare invoices including relevant supporting documentation for submittal to DWR via
SDCWA. This task also includes administrative responsibilities associated with the project such as
coordinating with partnering agencies.
Oeliverables:
o Environmental Information Form (ElF)
o Financial Statements
o Invoices
0 Other Applicable Project Deliverables
Task 1 b Labor Compliance Program
Take all measures necessary to ensure compliance with applicable California Labor Code requirements,
including, preparation and implementation of a labor compliance program or including any payments
to the Department of Industrial Relations under Labor Code Section 1771.3.
Deliverables:
o Proof of labor compliance upon request
Task 1c Reporting
Prepare quarterly progress reports detailing work completed during reporting period as outlined in
Exhibit (G) of this agreement. Submit reports to SDCWA for review and inclusion in a progress report to
be submitted to DWR.
Prepare Project Completion Report and submit to DWR via SDCWA for DWR Project Manager's
comment and review no later than 90 days after project completion. Prepare Final Report addressing
SDCW A/DWRs comments. The report shall be prepared and presented in accordance with the provision
of Exhibit G.
Oeliverables:
o Quarterly Project Progress Reports
o Final Project Completion Report
Task 2 Land Purchase/Easement: Budget Category (b)
Grant Agreement No. 4600010901
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The five proposed production wells will be located on five separate properties. Three of the well sites will
be constructed on easements and two will be constructed on real property. Sweetwater has
purchased one of the easements and one of the real properties and is in the process of obtaining the
other three properties via easements (two additional) and purchase (one site).
Deliverobles:
0 Proof of title transfer for all five well sites
Task 3 Planning/Design/Engineering and Environmental Documentation: Budget Category (c)
Task 3a Feasibility Studies
Project Feasibility Studies were completed as part of the project development process.
Deliverobles:
0 USGS Study for San Diego Formation
D Interim Groundwater Management Plan
Task 3b CEQA Documentation
Prepare and circulate a Notice of Preparation (including tribal notification to the California Native
Heritage Commission). Prepare draft Environmental Impact Report (EIR)/ Environmental Assessment (EA)
and release document for public review. File Notice of Completion with State Clearinghouse. Prepare
letter stating no legal challenges (or addressing legal challenges).
Deliverobles:
D Copy of Notice of Preparation
D Draft and Final EIR/EA
D Copy of Notice of Completion
D No Legal Challenges letter
Task 3c Permitting
Prepare the following permits as required, including NPDES & Waste Discharge Permits. California
Department of Public Health (CDPH) Water Supply Permit, Encroachment & Traffic Control Permit, and
Well Drilling Permit. Additional permits may be obtained as required.
Deliverobles:
o Copies of all required permits
Task 3d Design
Complete preliminary design including the following supporting work: overall project concept for use in
development of final design, plans and specifications including preliminary design details to produce
100% (Final) design, plans. and specifications.
Dellverables:
0 Updated Project Cost Estimate
o 90% design plan documents
o Final drawings and specifications
Task 3e Project Monitoring Plan
Grant Agreement No. 4600010901
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Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table
provided by DWR project manager, the Project Monitoring Plan will include baseline conditions. a brief
discussion of monitoring systems to be used, methodology of monitoring, frequency of monitoring, and
location of monitoring points.
Deliverables:
o Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Task 4a Contract Services
Activities included as necessary to secure a contractor and award the contract include: advertisement
for bids, a pre-bid contractors meeting, bid opening, bid evaluation, and selection of contractor with
lowest responsive bid. The Board of Directors will then award the contract and a Notice to Proceed will
be issued. There will be four (4) separate bid packages: 1) Brine line extension (complete), 2) well
construction, 3) conveyance pipeline, and 4) desalination process and well equipping.
Deliverables:
o Prep and Advertisement of Bid Packages
o Bid Opening and Evaluation
o Bid Award
o Notice to Proceed
Task 4b Construction Administration
Construction management will include daily inspection, special inspections, labor compliance
reporting, permitting review and compliance, and storm water compliance.
Deliverables:
o Notice of Completion
Task 4c Construction/Implementation Activities
Construction activities are outlined below.
4c( 1 ): Mobilization and Demobilization -contractor will mobilize equipment and secure permits
and a safety plan for the Project. Pre-construction photographs of all construction sites will be
taken.
4c(2): Project Construction -Project construction will include the four components, including: 1)
a Brine line extension (complete), 2) well construction (five new wells with an anticipated
capacity for each well in the range of 800 to 1,400 gallons per minute(gpm)), 3) 13,400 feet of
conveyance pipeline, and 4) 6,000 feet of potable pipeline and expansion of desalination
process and well equipping.
4c(3) Performance Testing and Demobilization -This task involves all required materials testing,
including soil content and compaction, concrete strength, pump motor horsepower, pump flow,
RO membranes and appurtenances, and pipeline pressure testing. It also includes the
production and submission of operating manuals for the equipment installed as well as taking
post-construction photographs.
4c(4) Environmental Compliance-The well drilling contractor will be required to obtain a NPDES
permit for groundwater discharge. Additionally, the contracted crew for construction of the
recycled water facilities must comply with all Occupational Safety and Health Administration
Grant Agreement No. 460001090/
Page 13 of 58
(OSHA) standards and requirements. Costs associated with this work are included under Task
4c(2) as they will be the responsibility of the construction contractor.
Oeliverables:
o Photographic documentation
o Safety plan
o Soil and concrete testing reports
o Engineers Certification
o Horsepower, flow, RO membranes, and pressure testing reports
0 Operating manuals
o Confirmation of OSHA compliance
Grant Agreement No. 4600010901
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PROJECT 2: FALLBROOK PLANT NURSERIES RECYCLED WATER DISTRIBUTION SYSTEM EXPANSION
IMPLEMENTING AGENCY: Fallbrook Public Utility District
PROJECT DESCRIPTION: Install pipeline to extend existing Fallbrook recycled water system to serve plant
nurseries with 642 AFY of recycled water to offset potable water use.
Task 1 Project Administration: Budget Category (a)
Task 1 a Project Management
Manage grant agreement including compliance with grant requirements, and preparation and
submission of supporting grant documents and coordination with the San Diego IRWM Program
Manager. Prepare invoices including relevant supporting documentation for submittal to DWR via
SDCWA. This task also includes administrative responsibilities associated with the project such as
coordinating with partnering agencies.
Deliverables:
0 Environmental Information Form (ElF)
o Financial Statements
0 Invoices
0 Other Applicable Project Deliverables
Task 1 b Labor Compliance Program
Take all measures necessary to ensure compliance with applicable California Labor Code requirements,
including, preparation and implementation of a labor compliance program or including any payments
to the Department of Industrial Relations under Labor Code Section 1771.3.
Deliverables:
0 Proof of labor compliance upon request
Task 1 c Reporting
Prepare quarterly progress reports detailing work completed during reporting period as outlined in
Exhibit (G) of this agreement. Submit reports to SDCWA for review and inclusion in a progress report to
be submitted to DWR.
Prepare Project Completion Report and submit to DWR via SDCWA for DWR Project manager's
comment and review no later than 90 days after project completion. Prepare Final Report addressing
SDCW A/DWRs comments. The report shall be prepared and presented in accordance with the provision
of Exhibit G.
Deliverables:
o Quarterly Project Progress Reports
0 Final Project Completion Report
Task 2 Land Purchase/Easement: Budget Category (b)
The pipeline requires two easements across two private parcels and the remainder will be in the County
right-of-way. All easements have been secured.
Deliverables:
o Final Easement Agreements
Grant Agreement No. 4600010901
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Task 3 Planning/Design/Engineering and Environmental Documentation: Budget Category (c)
Task 3a Feasibility Studies
Fallbrook's Recycled Water Master Plan was completed and adopted in 2012 and identifies the
extension to the nurseries as a priority project, this work set the stage for the project but is not included in
the Proposal. Additional demand evaluations and pipeline alignment planning are necessary to update
information for the project. Fallbrook will also conduct outreach with project partners MRCD and the
Farm Bureau for future recycled water expansions.
Deliverables:
0 Relevant Feasibility Studies
Task 3b CEQA Documentation
Prepare and circulate a Notice of Preparation (including tribal notification to the California Native
Heritage Commission). A draft Negative Declaration (ND) in accordance with CEQA has been
prepared and distributed for public review. The District responded to comments from CA Department
of Fish and Wildlife (CDFW), and the State Water Resources Control Board (SWRCB). The final ND was
adopted Jan. 2015. File Notice of Completion with State Clearinghouse. Prepare letter stating no legal
challenges [or addressing legal challenges).
Dellverables:
0 Copy of Notice of Preparation
0 Draft and Final Negative Declaration
0 Copy of Notice of Completion
o No Legal Challenges letter
Task 3c Permitting
Prepare the following permits associated with the project:
• Regional Board [in conjunction with CDPH) -Add users to existing WDR permit
• County of SD -approval of on-site retrofits
SWPPP and Traffic Control permits will be acquired by the construction contractor. Costs for these
permits are included under Construction. Additional permits may be required.
Deliverables:
o Copies of all required permits
Task 3d Design
Complete preliminary design including preliminary design details, development of final design, and
plans and specifications to produce 100% (Final) design.
Deliverables:
0 1 00% Design Documents
Task 3e Project Monitoring Plan
Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table
provided by DWR project manager, the Project Monitoring Plan will include baseline conditions, a brief
discussion of monitoring systems to be used, methodology of monitoring. frequency of monitoring, and
location of monitoring points.
Deliverables:
o Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Task 4a Contract Services
Grant Agreement No. 4600010901
Page 16 of 58
Activities and tasks to secure the contract award include: advertisement for bids, a pre-bid contractors
meeting, bid opening, bid evaluation and selection of contractor with lowest responsive bid. The Board
would then award the contract and a Notice to Proceed would be issued.
Deliverables:
o Preparation & Advertisement of Bid Packages
0 Bid Opening & Evaluation
0 Bid Award
o Notice to Proceed
Task 4b Construction Administration
This task includes providing engineering services during construction and construction management
services. These construction management services will include daily inspections, labor compliance
reporting, permitting review and compliance, and storm water compliance.
Deliverables:
o Notice of Completion
u Regional Board-Storm Water Pollution Prevention Program Permit (SWPPP)
County of San Diego (SD) -Traffic Control Permit
Task 4c Construction/Implementation Activities
Construction activities are outlined below.
4c(l): Mobilization and Demobilization-contractor will mobilize equipment and secure permits
and a safety plan for the Project. Pre-construction photographs of all construction sites will be
taken.
4c(2): Project Construction-Project construction will include: approximately l 0,140 linear feet of
piping, 6 meters, and approximately 15,500 square feet of asphalt restoration. An initial small
extension to the first nursery will be completed by staff from Fallbrook while design is being
completed on the larger extensions. No funds will be utilized for any labor associated with on-site
retrofits by nursery users, but funds will be allocated for Fallbrook's time to support permitting and
completion of the onsite retrofits.
4c(3) Performance Testing and Demobilization -This task involves required materials testing,
including soil content and compaction and pipeline pressure testing. It also includes
demobilizing the construction crew and equipment from the work site as well as the production
and submission of operating manuals for the equipment installed, and taking post-construction
photographs. LPS will verify that onsite retrofits have been completed and installed properly.
4c(4) Environmental Compliance -Environmental mitigation may be required per the Final ND;
such measures will be identified and reported to the Grantee.
Deliverables:
o Photographic documentation
o Engineers Certification
o Safety plan
0 Soil and concrete testing reports
o Operating manuals
Grant Agreement No. 4600010901
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PROJECT 3: CARLSBAD RECYCLED WATER PLANT AND DISTRIBUTION SYSTEM EXPANSION
IMPLEMENTING AGENCY: Carlsbad Municipal Water District
PROJECT DESCRIPTION: Expand existing water reclamation facility by 2 MGD, construct pipelines, and complete
customer retrofits to deliver 353 AFY of recycled water.
Task 1 Project Administration: Budget Category (a)
Task 1 a Project Management
Manage grant agreement including compliance with grant requirements, and preparation and
submission of supporting grant documents and coordination with the San Diego IRWM Program
Manager. Prepare invoices including relevant supporting documentation for submittal to DWR via
SDCW A. This task also includes administrative responsibilities associated with the project such as
coordinating with partnering agencies.
Deliverables:
o Environmental Information Form (ElF)
o Financial Statements
o Invoices
o Other Applicable Project Deliverables
Task lblabor Compliance Program
Take all measures necessary to ensure compliance with applicable California Labor Code requirements,
including, preparation and implementation of a labor compliance program or including any payments
to the Department of Industrial Relations under Labor Code Section 1771 .3.
Deliverables:
Proof of labor compliance upon request
Task 1 c Reporting
Prepare quarterly progress reports detailing work completed during reporting period as outlined in
Exhibit (G) of this agreement. Submit reports to SDCWA for review and inclusion in a progress report to
be submitted to DWR.
Prepare Project Completion Report and submit to DWR via SDCWA for DWR Project Manager's
comment and review no later than 90 days after project completion. Prepare Final Report addressing
SDCW A/DWRs comments. The report shall be prepared and presented in accordance with the provision
of Exhibit G.
Deliverables:
lJ Quarterly Project Progress Reports
D Final Project Completion Report
Task 2 Land Purchase/Easement: Budget Category (b)
Not applicable. There are no easement acquisitions that will be required for this project.
Task 3 Planning/Design/Engineering and Environmental Documentation: Budget Category (c)
Task 3a Feasibility Studies
Project Feasibility Studies were completed as part of the project development process.
Deliverables:
o Copies of all relevant feasibility studies
o Phase Ill Recycled Water Project Feasibility Study
o 2012 Recycled Water Master Plan
Task 3b CEQA Documentation
Grant Agreement No. 4600010901
Page 18 of 58
Prepare and circulate a Notice of Preparation (including tribal notification to the California Native
Heritage Commission). Prepare draft Mitigated Negative Declaration (MND) and release document for
public review. Additionally, CEQA-Pius documentation will be prepared. File Notice of Completion with
State Clearinghouse. Prepare letter stating no legal challenges (or addressing legal challenges).
Deliverables:
o Copy of Notice of Preparation
0 Draft and Final MND and CEQA documentation
o Copy of Notice of Completion
o No Legal Challenges letter
Task 3c Permitting
Prepare pertinent permits necessary for the project. including a coastal development permit. Provide
Master Reclamation Permit.
Deliverables:
0 Copies of all required permits
Task 3d Design
Complete preliminary design including preliminary design details and development of final design to
produce l 00% (Final) design, plans, and specifications.
Deliverables:
o Updated Project Cost Estimate
o 60% Design Documents and Guaranteed Maximum Construction price for water reclamation
facility
o ·1 00% Design Documents
Task 3e Project Monitoring Plan
Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table
provided by DWR project manager, the Project Monitoring Plan will include baseline conditions, a brief
discussion of monitoring systems to be used, methodology of monitoring, frequency of monitoring, and
location of monitoring points.
Deliverables:
0 Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Tgsk 4a Contract Services
Activities necessary to secure a contractor and award the contract include: develop bid documents,
prepare advertisement and contract documents for construction contract bidding, conduct pre-bid
meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of
Grant Agreement No. 4600010901
Page 19 of 58
notice to proceed. The Water Reclamation facility Expansion project will be bid separately from the
distribution pipeline project and will utilize the design-build contract process.
Deliverable:s:
0 Bid documents/Design-Build Request for Proposal
0 Proof of Advertisement
o Award of contract
o Notice to proceed
Task 4b Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing
work directives. A full time engineering construction observer will be on site for the duration of the
project. Construction observer duties include: documenting of pre-construction conditions, doily
construction diary, preparing change orders, addressing questions of contractors on site, reviewing/
updating project schedule, reviewing contractor log submittals and pay requests, forecasting cosh flow,
notifying contractor if work is not acceptable.
Deliverable:s:
o Notice of Completion
Task 4c Construction/Implementation Activities
Construction activities ore outlined below.
4c(l ): Mobilization and Demobilization-contractor will mobilize equipment and secure permits
and a safety plan for the Project. Pre-construction photographs of all construction sites will be
token.
4c(2): Project Construction-This task includes work to construct pipeline Expansion Segments 1 a
and 7, including installation of approximately 14,150 linear feet of pvc pipelines and restoration
of roadway surface improvements. It also includes construction activities for the 2 MGD WRF
expansion. WRF expansion requires construction of, an additional feed pump, 2 MGD
microfiltrotion or ultrafiltration treatment system and chlorine contact basin, onsite pipeline
extensions, and installation of controllers and fiber optic/cable extensions.
4c(3): Customer Retrofit-This task involves retrofitting approximately 30 customers identified as
"Adjacent to Existing", who already hove recycled water infrastructure in place and require
retrofitting for connection to adjacent recycled water pipelines.
4c(4): Performance Testing and Demobilization -This task involves pressure testing installed
pipelines, removing equipment and material from staging areas, and testing of the new WRF
treatment train and controls. Post-construction photos will be token.
4c(5): Outreach -Targeted outreach to irrigators and site managers about turf management,
including the salt and nutrient content of recycled water and how this can offset some fertilizer
use.
4c(6): Environmental Compliance-A Mitigation Monitoring and Reporting Program (MMRP) has
been adopted as port of this CEQA compliance and will be implemented.
Deliverables:
o Photographic documentation
o Engineers Certification
0 MMRP
o Copies of outreach materials
PROJECT 4: REGIONAL DEMAND MANAGEMENT PROGRAM EXPANSION
IMPLEMENTING AGENCY: San Diego County Water Authority
Grant Agreement No. 4600010901
Page20 of 58
PROJECT DESCRIPTION: Install irrigation controls {enroll approximately 20 new 4-acre sites), install detention
facility plumbing retrofits (install approximately 89 flush valve units, 113 shower head units, and 89 aerator units),
implement turf rebates (convert approximately 4.6 acres), and conduct landscape workshops to conserve
water {involving approximately 1 ,250 homeowners).
Task 1 Project Administration: Budget Category (a)
Task 1a Project Management
Manage grant agreement including compliance with grant requirements, and preparation and
submission of supporting grant documents and coordination with the San Diego IRWM Program
Manager. Prepare invoices including relevant supporting documentation for submittal to DWR via
SDCWA. This task also includes administrative responsibilities associated with the project such as
coordinating with partnering agencies.
Dellverables:
Environmental Information Form {ElF)
o Financial Statements
0 Invoices
[J Other Applicable Project Deliverables
Task 1 b Labor Compliance Program
Take all measures necessary to ensure compliance with applicable California Labor Code requirements,
including, preparation and implementation of a labor compliance program or including any payments
to the Department of Industrial Relations under Labor Code Section 1771.3.
Deliverables:
Proof of labor compliance upon request
Task l c Reporting
Prepare quarterly progress reports detailing work completed during reporting period as outlined in
Exhibit (G) of this agreement. Submit reports to SDCWA for review and inclusion in a progress report to
be submitted to DWR.
Prepare Project Completion Report and submit to DWR via SDCW A for DWR Project Manager's
comment and review no later than 90 days after project completion. Prepare Final Report addressing
SDCW A/DWRs comments. The report shall be prepared and presented in accordance with the provision
of Exhibit G.
Deliverables:
o Quarterly Project Progress Reports
=:1 Final Project Completion Report
Task 2 Land Purchase/Easement: Budget Category (b)
Not applicable. There are no easement acquisitions or right-of-ways that will be required for this
program.
Grant Agreement No. 4600010901
Page 21 of 58
Task 3 Planning/Design/Engineering and Environmental Documentation: Budget Category (c)
Task 3a Feasibility Studies
No further design or planning is anticipated for this project. This work is not included as part of the
budget.
Task 3b CEQA Documentation
This program is exempt from CEQA requirements, because it does not meet the CEQA definition of a
"project."
Task 3c Permitting
The Detention Facility Retrofit will require obtaining construction permits from the County of San Diego.
Work associated with obtaining all necessary permits is not included as part of the budget.
Deliverables:
o Copies of all required permits, including County of San Diego Construction Permits
Task 3d Design
No design is required as part of this program.
Task 3e Project Monitoring Plan
Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table
provided by DWR project manager, the Project Monitoring Plan will include baseline conditions, a brief
discussion of monitoring systems to be used, methodology of monitoring, frequency of monitoring, and
location of monitoring points.
Deliverables:
o Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Task 4a Contract Services
Existing and similar programs have been procured via the RFP process consistent with the SDCWA's
procurement policies. The implementation contracting for the program will be handled by SDCW A staff
in compliance with public contracting code and internal policies. Any applicable services for the four
program components will be contracted separately.
Deliverables:
o Bid documents
0 Proof of Advertisement
0 Award of contract
o Notice to proceed
Task 4b Construction Administration
This program does not require any direct construction, and therefore will not involve construction
management or administrative duties.
Task 4c Implementation Activities
Grant Agreement No. 4600010901
Page22 of58
Implementation activities for each program component are described below:
4c(1) Water Smart Landcape Efficiency Program: provide performance-based financial incentives to
achieve an estimated 20% reduction in landscape water use through irrigation hardware
upgrades and water management services
4c(2) Detention Facility Retrofit: installation of electronic flush valves, water efficient showerheads, and
sink aerators
4c(3) Turf Replacement Rebates: Administration of rebate program to convert approximately 4.6
acres of high-water-use turf with water-efficient landscapes through financial incentives
4c(4) Landscape Workshops: Administration of a community education program to help homeowners
plan for the successful execution of turf conversion projects
4c(5) Performance Testing and Demobilization: This task will only be required for the Detention Facility
Retrofit, and will require testing the flow and timing of the electronic flush valves and submission
of proper operating manuals.
Deliverables:
o Photographic documentation
0 Engineers Certification
o WaterSmart Landscape Efficiency Program Site participation agreements
o List of completed irrigation hardware upgrades and irrigation management services
o List of completed retrofits including electronic flush valves kits. showerheads, and aerators
o List of completed locations of turf conversion
o List of attendees and locations of 6 landscape workshops series
o Copy of Detention Facility Retrofit operations manuals
PROJECT 5: SAN DIEGO WATER USE REDUCTION PROGRAM
IMPLEMENTING AGENCY: City of San Diego
Grant Agreement No. 4600010901
Page 23 of 58
PROJECT DESCRIPTION: Implement pressure reducing valve incentive program (PRIP) (up to 5,000 pressure
reducing valves) and install recycled water filling station (RWFS) for construction activities to reduce potable
water consumption, together offsetting a total of 381 AFY.
Task 1 Project Administration: Budget Category (a)
Task 1 a Project Management
Manage grant agreement including compliance with grant requirements, and preparation and
submission of supporting grant documents and coordination with the San Diego IRWM Program
Manager. Prepare invoices including relevant supporting documentation for submittal to DWR via
SDCWA. This task also includes administrative responsibilities associated with the project such as
coordinating with partnering agencies.
Deliverables:
D Environmental Information Form (ElF)
D Financial Statements
D Invoices
D Other Applicable Project Deliverables
Task 1 b Labor Compliance Program
Take all measures necessary to ensure compliance with applicable California Labor Code requirements,
including, preparation and implementation of a labor compliance program or including any payments
to the Department of Industrial Relations under Labor Code Section 1771.3. The City has a Labor
Compliance Program (LCP) in place that is compliant with the Department of Industrial Relations
standards. Work included in this Proposal involves time necessary to manage the existing LCP. Work for
this task is not included in the budget.
Deliverables:
D Proof of labor compliance upon request
Task l c Reporting
Prepare quarterly progress reports detailing work completed during reporting period as outlined in
Exhibit (G) of this agreement. Submit reports to SDCWA for review and inclusion in a progress report to
be submitted to DWR.
Prepare Project Completion Report and submit to DWR via SDCWA for DWR Project Manager's
comment and review no later than 90 days after project completion. Prepare Final Report addressing
SDCW A/DWRs comments. The report shall be prepared and presented in accordance with the provision
of Exhibit G.
Deliverables:
D Quarterly Project Progress Reports
D Final Project Completion Report
Task 2 Land Purchase/Easement: Budget Category (b)
There are no easement acquisitions or right-of-ways that will be required for this program.
Grant Agreement No. 4600010901
Page 24 of 58
Task 3 Planning/Design/Engineering and Environmental Documentation: Budget Category (c)
Task 3a Feasibility Studies
All project development work was developed by the City as engineering estimates using the best
available information and past program experience. No further planning work is anticipated. This work
is not included as part of the budget.
Dellverables:
Recycled Water Filling Station Business Case Evaluation
City analysis of PRV savings and benefits
Task 3b CEQA Documentation
The PRIP program is exempt from CEQA requirements because it does not meet the CEQA definition of
a "project." The RWFS is categorically exempt from CEQA requirements due to its size and location.
Deliverables:
o Copy of Notice of Preparation
o Copy of statute citing Categorical Exemption
o Copy of Notice of Completion
o No Legal Challenges letter
Task 3c Permitting
The PRIP program will not require permitting. The RWFS will be covered under the City's existing Waste
Discharge and Water Recycling Requirements (WDR and WRR) permit for North City. Permitting work is
not included as part of the budget.
Deliverables:
0 Copy of all required permits, including WDR and WRR permits
Task 3d Design
No design work is required for the PRIP Program. The RWFS design is currently 10% complete. All design
work will be completed by the City prior to contract execution and is not included as part of the
budget.
Deliverables:
o Preliminary Design of RWFS
o Final Design of RWFS
Task 3e Project Monitoring Plan
Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table
provided by DWR project manager, the Project Monitoring Plan will include baseline conditions, a brief
discussion of monitoring systems to be used, methodology of monitoring, frequency of monitoring, and
location of monitoring points.
Deliverables:
0 Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Task 4a Contract Services
Grant Agreement No. 4600010901
Page 25 of 58
All construction activities will be completed by a contractor selected by the City.
Activities that are necessary to secure a contractor and award the contract include: advertisement for
bids, pre-bid contractors meeting, bid opening, bid evaluation and selection of contractor with lowest
responsive bid. The City will then award the contract and a Notice to Proceed will be issued.
Deliverables:
D Prep and Advertisement of Bid Packages
D Bid Opening and Evaluation
D Bid Award
D Notice to Proceed
Task 4b Construction Administration
This task involves work to manage (administer) implementation of the PRIP Program and construction of
the RWFS. Activities for this task include construction management, materials testing, inspection, and
environmental compliance.
Deliverables:
D Notice of Completion
Task 4c Construction/Implementation Activities
Construction activities are outlined below.
4c( l) PRIP Program: Implementation activities for the program include:
4c(l.l) Rebate Application Processing: Intake, review, approval/denial of customer rebate
application. Customer follow up and interaction.
4c(l.2) Check Processing: Processing internal documentation needed to enable check to be
cut and sent to customer.
4c( 1.3) Post Installation Site Visits: Meeting customer at site for post installation inspection of
pressure regulator for quality control.
4c( 1.4) Public Outreach and Stakeholder Involvement: Outreach to residential customers and
homeowner associations to announce new incentive program. Placements of
announcements/articles about new program in local media. Outreach to stakeholders including
HOAs, plumbers) at industry events. Presentations and attendance at community events.
4c(2) RWFS: Construction of RWFS facility includes construction activities necessary to prepare and
construct the RWFS.
4c(2.1) :Mobilization and Demobilization -contractor will mobilize equipment and secure permits
and a safety plan for the Project. Pre-construction photographs of all construction sites will be
taken.
4c(2.2):Project Construction-This includes minor grading, pipe installation, meter system
installation with automated valve system and housing and construction of a concrete pad with
overflow drainage system
4c(2.3)Performance Testing and Demobilization -This task involves all required materials testing,
including soil content and compaction, concrete strength testing, pump motor horsepower,
pump flow, RO membranes and appurtenances, and pipeline pressure testing. It also includes
the production and submission of operating manuals for the equipment installed as well as
taking post-construction photographs.
Grant Agreement No. 4600010901
Page26 of 58
4c(2.4)Environmental Compliance-The contracted crew for construction of the recycled water
facilities must comply with all Occupational Safety and Health Administration (OSHA) standards
and requirements. Costs associated with this work are included under Task 4(c)2 as they will be
the responsibility of the construction contractor.
Deliverables:
o Post-installation site visit receipts
o Documentation of public outreach and stakeholder involvement activities for the PRIP Program
(including articles, mailers, flyers, and presentations)
o Photographic documentation
o Safety Plan
o Soil and concrete testing reports
o Operating Manuals
0 As-Builts Drawings
o Engineer Certification
Grant Agreement No. 4600010901
Page27 of58
PROJECT 6: RINCON CUSTOMER-DRIVEN DEMAND MANAGEMENT PROGRAM
IMPLEMENTING AGENCY: Rincon del Diablo Municipal Water District (Rincon)
PROJECT DESCRIPTION: Provide WaterSmart technology to show customers real-time water consumption data
to encourage water conservation. and to potentially reduce up to 400 AFY.
Task 1 Project Administration: Budget Category (a)
Task 1 a Project Management
Manage grant agreement including compliance with grant requirements. and preparation and
submission of supporting grant documents and coordination with the San Diego IRWM Program
Manager. Prepare invoices including relevant supporting documentation for submittal to DWR via
SDCW A. This task also includes administrative responsibilities associated with the project such as
coordinating with partnering agencies.
Deliverables:
0 Environmental Information Form (ElF)
o Financial Statements
0 Invoices
0 Other Applicable Project Deliverables
Task 1 b Labor Compliance Program
Take all measures necessary to ensure compliance with applicable California Labor Code requirements,
including, preparation and implementation of a labor compliance program or including any payments
to the Department of Industrial Relations under Labor Code Section 1 771 .3.
Deliverables:
o Proof of labor compliance upon request
Task 1 c Reporting
Prepare quarterly progress reports detailing work completed during reporting period as outlined in
Exhibit (G) of this agreement. Submit reports to SDCWA for review and inclusion in a progress report to
be submitted to DWR.
Prepare Project Completion Report and submit to DWR via SDCWA for DWR Project Manager's
comment and review no later than 90 days after project completion. Prepare Final Report addressing
SDCW A/DWRs comments. The report shall be prepared and presented in accordance with the provision
of Exhibit G.
Deliverables:
o Quarterly Project Progress Reports
0 Final Project Completion Report
Task 2 land Purchase/Easement: Budget Category (b)
There are no easement acquisitions or right-of-ways that will be required for this program.
Grant Agreement No. 4600010901
Page28 of 58
Task 3 Planning/Design/Engineering and Environmental Documentation: Budget Category (c)
Task 3a Feasibility Studies
All water savings projections were developed as engineering estimates using the best available
information and past program experience. No further planning is anticipated. This work is not included
as part of the budget.
Deliverables:
o Proof of the purchase of orders for the existing and project-related AMI Installation program
Task 3b CEQA Documentation
This program does not meet the CEQA definition of a "project" and therefore no environmental
documentation is required to be submitted.
Task 3c Permitting
No permitting is required as part of this program.
Task 3d Design
No design is required as part of this program.
Task 3e Project Monitoring Plan
Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table
provided by DWR project manager, the Project Monitoring Plan will include baseline conditions, a brief
discussion of monitoring systems to be used, methodology of monitoring, frequency of monitoring, and
location of monitoring points.
Deliverables:
0 Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Task 4a Contract Services
No implementation-related contracting is required for this program.
Task 4b Construction Administration
Installation work of the AMI meters is provided by in-house staff, thus, no implementation-related
contracting is required for this program. All installation work of the AMI meters is being done in-house,
thus no contracting required.
Task 4c Construction/Implementation Activities
Construction activities are outlined below.
4c(l): Implementation Preparation: This task involves development and implementation of an initial
customer survey and outreach event to familiarize customers with the WaterSmart portal
monitor. Rincon will monitor customer participation and reach out to customers with training and
information to promote participation and proper use of the system. During the first six months of
the program, significant interface between Rincon and its customers is required. Additional
Grant Agreement No. 4600010901
Page29 of58
office support will be required to answer customer questions, address connectivity issues, and
provide instructions. Office support will also assist with public outreach efforts, including press
releases, website releases, and project coordination. In order to familiarize customers with the
WaterSmart portal, a magnetic postcard mailing that includes details about the program will be
prepared and distributed to all of Rincon's customers.
4c(2) Project Implementation: Rincon operations staff will install the remaining radio-compatible
meters and transmitters once purchased. The customer accounts will be adjusted to reflect new
meter numbers, and the transmitters will be activated. Materials such as radio-compatible
meters, transmitters, and software will be purchased as part of this task.
Deliverables:
o Photographic documentation
0 Copies of initial customer survey
0 Monthly report that includes progress on the number of customers using the WaterSmart portal
o Log that shows the number of customers contacted for training and participation
0 Log that shows the number of incoming phone calls with a description of the purpose of the call
0 Outreach information, including press releases, website releases. etc.
o Magnetic postcard and log of distribution to customers
0 Records showing the installation date and activation date of the radio compatible meters and
transmitters, including meter number, transmitter number, and installation date.
Grant Agreement No. 4600010901
Page30 of58
PROJECT 7: REGIONAL EMERGENCY STORAGE AND CONVEYANCE INTERTIE OPTIMIZATION
IMPLEMENTING AGENCY: City of San Diego
PROJECT DESCRIPTION: Purchase and install mobile aeration unit to aid in controlling algal productivity in
Hodges Reservoir, improving water quality, and increasing drinking water supply by 3,000 AFY.
Task 1 Project Administration: Budget Category (a)
Task 1a Project Management
Manage grant agreement including compliance with grant requirements, and preparation and
submission of supporting grant documents and coordination with the San Diego IRWM Program
Manager. Prepare invoices including relevant supporting documentation for submittal to DWR via
SDCWA. This task also includes administrative responsibilities associated with the project such as
coordinating with partnering agencies.
Deliverables:
0 Environmental Information Form (ElF)
D Financial Statements
o Invoices
D Other Applicable Project Deliverables
Task 1 b Labor Compliance Program
Take all measures necessary to ensure compliance with applicable California Labor Code requirements,
including, preparation and implementation of a labor compliance program or including any payments
to the Department of Industrial Relations under Labor Code Section 1771.3.
Deliverables:
0 Proof of labor compliance upon request
Task 1 c Reporting
Prepare quarterly progress reports detailing work completed during reporting period as outlined in
Exhibit (G) of this agreement. Submit reports to SDCWA for review and inclusion in a progress report to
be submitted to DWR.
Prepare Project Completion Report and submit to DWR via SDCWA for DWR Project Manager's
comment and review no later than 90 days after project completion. Prepare Final Report addressing
SDCWA/DWRs comments. The report shall be prepared and presented in accordance with the provision
of Exhibit G.
Deliverables:
o Quarterly Project Progress Reports
o Final Project Completion Report
Task 2 Land Purchase/Easement: Budget Category (b)
There are no easement acquisitions or right-of-ways that will be required for this program.
Grant Agreement No. 4600010901
Page31 of58
Task 3 Planning/Design/Engineering and Environmental Documentation: Budget Category (c)
Task 3a Feasibility Studies
A Conceptual Planning Report for the project has been conducted by the City. Two additional
technical papers are currently being written: the Compendium of Water Resource Initiatives in the
Hodges Catchment and White Paper on Existing Barriers and IRWM Opportunities. The Compendium
document has been completed and the White Paper is underway. Also, a technical memorandum will
be prepared describing the feasibility and cost-benefit of combing two conceptual Natural Treatment
System designs to enhance the hypolimnetic oxygenation system.
Deliverables:
o Conceptual Planning Report
D Compendium of Water Resource Initiatives in the Hodges Catchment
l] Memorandum on Challenges and Potential Opportunity for IRMW In San Dieguito Watershed
Task 3b CEQA Documentation
Preparation of required Environmental Documentation will be provided in Proposition 84 Round l .
Dellverables:
o Mitigated Negative Declaration
o Biological Assessment for the Lake Hodges Water Quality and Quagga Mitigation Measures
Project
o 45-Day Report for Coastal California Gnatcatcher Surveys for the Lake Hodges Water Quality
and Quagga Mitigation Measure Project
Task 3c Permitting
Permitting will be completed in the Proposition 84 Round 1 agreement. All copies of required permits are
to be submitted as deliverables prior to construction activities for this project.
Deliverables:
o Army Corps of Engineers Nationwide Permit
o Regional Water Quality Control Board 401 Water Quality Certification
o California Department of Fish and Wildlife Lakebed Alteration Agreement
o City of San Diego Site Development Permit
Task 3d Design
Hypolimnetic oxygenation systems are packaged and known to be off-the-shelf technology, expediting
design of such systems. Preliminary and Final Design work will be required for this project.
Deliverables:
o Topographic Survey
0 Lake Hodges Reservoir Oxygen Demand Study
o Updated Project Cost Estimate
o 1 00% Design Documents Plans and Specifications
o Preliminary Design
o Final Design
Task 3e Project Monitoring Plan
Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table
provided by DWR project manager, the Project Monitoring Plan will include baseline conditions, a brief
Grant Agreement No. 4600010901
Page 32 of 58
discussion of monitoring systems to be used, methodology of monitoring, frequency of monitoring, and
location of monitoring points.
Deliverables:
o Project Monitoring Plan
Task 4 Construction/Implementation: Budget Category (d)
Task 4a Contract Services
The City will pursue a design-build contract in which the designer of the system would also provide
construction services. Tasks to secure the contract award include: advertisement for bids, a pre-bid
contractors meeting, bid opening, bid evaluation, selection of contractor with most cost-effective
responsive bid, and issuance of a Notice to Proceed.
Deliverables:
o Bid documents
o Proof of Advertisement
0 Award of contract
o Notice to proceed
Task 4b Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing
work directives. Construction management services will include daily inspection, special inspections,
labor compliance reporting, permitting review, and storm water compliance.
Deliverables:
D Notice of Completion
Task 4c Construction/Implementation Activities
Construction activities are outlined below.
4c(l ): Mobilization and Demobilization: The contractor will mobilize equipment and abide by all
applicable standards. Mobilization and site preparation for this project will also include an onsite
barge and pre-construction photographs.
4c(2) Construction/Implementation: Project construction will include cement/rock placement.
installation of a skid, pump, speece cone, on-shore and off-shore oxygen piping, electrical work,
concrete pouring, and excavation. A site has been selected for the onshore building (5% of work
complete-to-date).
4c(3) Construction Outreach: Project implementation will also include outreach through public
service announcements, websites, community activities, speaking engagements, classroom
demonstrations, field trips and other efforts.
4c(4) Performance Testing and Demobilization: This task involves demobilizing the construction
crew and equipment from the work site. Follow-up inspection of equipment installed will occur
after installation and ongoing monitoring of nutrients in the reservoir will be performed by the
City. Post-construction photographs will be taken.
Deliverables:
D Photographic documentation
o Engineers Certification
o Copies of outreach materials
PROJECT 8: GRANT AGREEMENT ADMINISTRATION
IMPLEMENTING AGENCY: SAN DIEGO COUNTY WATER AUTHORITY
Grant Agreement No. 4600010901
Page 33 of 58
PROJECT DESCRIPTION: The Regional Water Management Group authorized San Diego County Water Authority
(SDCWA) to act as the applicant and the grant manager for the Proposition 84, IRWM 2014 Drought Grant.
SDCWA will administer these funds and respond to DWR's reporting and compliance requirements associated
with the grant administration. This office will act in a coordination role: disseminating grant compliance
information to the project managers responsible for implementing the projects contained in this agreement,
obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring
compliance documents, labor requirements, etc.), obtaining data for quarterly progress reports from individual
project managers, assembling and submitting quarterly progress reports to the State, and coordinating all
invoicing and payment of invoices.
Task 1 Project Administration: Budget Category (a)
Task 1 a Contract Administration and Coordination
SDCWA will respond to DWR's reporting and compliance requirements associated with the grant
administration and will coordinate with the project managers responsible for implementing the projects
contained in this agreement. This also involves grant administration progress reporting to the RAC and
RWMG and facilitation of the Local Project Sponsors meetings.
Task 1 b Invoicing
SDCW A will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice
documentation from each of the project proponents and compiling the information into a DWR Invoice
Packet.
Task 1 c Progress Reports and Project Completion Reports
SDCWA will be responsible for compiling quarterly progress reports for submittal to DWR. SDCWA will
coordinate with project proponent staff to retain consultants as needed to prepare and submit
Quarterly, Progress Reports and Final Project Completion Reports for each project, as well as the Grant
Completion Reports.
Reports will meet generally accepted professional standards for technical reporting and the
requirements terms of the contract with DWR outlined in Exhibit G of this agreement. For example,
Quarterly Progress Reports will explain the status of the project and will include the following information:
summary of the work completed for the project during the reporting period; activities and milestones
achieved; and accomplishments and any problems encountered in the performance of work. Project
Completion Reports will include: documentation of actual work done, changes and amendments to
each project, a final schedule showing actual progress versus planned progress, and copies of final
documents and reports generated during the project.
SDCWA will be responsible for budget development, tracking and monitoring of the Grant
Administration project budget and the tracking and monitoring of the Prop 84, Drought Round Grant
Program budget. This also includes processing DWR payments and disbursements to the LPS. SDCWA
will also be responsible for developing and maintaining an online Drought Round Grant Program
webtool for LPS reporting, invoicing, communication, and documentation storage for grant-related files.
Deliverables:
0 Executed Grant Agreement
o Invoices and associated backup documentation
o Quarterly Progress Reports
0 Grant Completion Report
Project# Project Title
1 Reynolds Groundwater Desalination
Facility Expansion
Fallbrook Plant Nurseries Recycled
2 Water Distribution System
Expansion
3 Carlsbad Recycled Water Plant and
Distribution System
4 Regional Demand Management
Program Expansion
5 San Diego Water Use Reduciton
Program
6 Rincon Customer-Driven Demand
Management Program
7 Regional Emergency Storage and
Conveyance lntertie Optimization
8 Grant Administration
Total Cost
EXHIBIT 8
BUDGET
Overall Budget
Request Grant Cost Share: Non-
State (Required Amount Funding Match)
$ 5,000,000 $ 10,519,819
$ 772,000 $ 528,294
$ 4,000,000 $ 4,287,000
$ 1,008,912 $ 337,071
$ 699,520 $ 232,920
$ 600,927 $ 200,309
$ 2,554,500 $ 1,123,984
$ 439,079 $ -
$ 15,074,938 $ 17,229,397
Grant Agreement No. 4600010901
Page 34 of 58
i
Additional Cost Total Project
Share Cost
$ 26,259,457 $ 41,779,276 25%
$ 656,354 $ 1,956,648 27%
$ 3,156,000 $ 11,443,000 37%
$ -$ 1,345,983 25%
$ . $ 932,440 25%
$ -$ 801,236 25%
$ -$ 3,678,484 31%
$ -$ 439,079 0%
$ 30,071,811 $62,376,146 28%
Task
a
b
c
d
Grant Agreement No. 4600010901
Page 35 of 58
Project 1: Reynolds Groundwater Desalination Facility Expansion
Requested Grant Cost Share: Non-Additional Cost Category State {Required Total Project Cost Amount Funding Match} Share
Direct Project Administration $0 $0 $10,000 $10,000
Land Purchase/Easement $0 $0 $785,000 $785,000
Planning/Design/Engineering/ Environmental $0 $0 $2,600,000 $2,600,000 Documentation
Construction/! mpl!=)ment at ion $5,000,000 $10,519,819 $22,864.457 $38,384,276
Total Cost $5,000,000 $10,519,819 $26,259,457 $41,779,276
Project 2: Fallbrook Plant Nurseries Recycled Water Dlstrlbullon System Expansion
Cost Share: Non-Requested Grant Addillonal Cost Total Project Task Category State (Required Amount Share Cost Funding Match)
a Direct Project Administration ~;o $18,200 $0 $18,200
b Land Purchase/Easement $0 $0 $5,000 $5,000
c Planning/Design/Engineering/ Environmental $30,000 $178,830 $0 $208,830 Documentation
d Construction/Implementation $742,000 $331.264 $651.354 $1.724,618
Total Cost $77:!,000 $528,294 $656,354 $1,956,648
Project 3: Carlsbad Recycled Water Plant and Dlsirlbutlon System
Requested! Grant Cost Share: Non-State Additional Cost Task Category (Required Funding Total Project Cost Amount Motchl Shore
a Direct Project Administration $0 $145,000 $0 $145,000
b Land Purchase/Easement $0 $0 $0 $0
c Planning/Design/Engineering/ Environmental $230,000 $666,000 $0 $896,000 Documentation
d Construction/Implementation $3,770,000 $3.476,000 $3.156,000 $10,402,000
Total Cost $4,000,000 $4,287,000 $3,156,000 $11.443,000
Task
a
b
c
d
Task
a
b
c
d
Task
a
b
c
d
Grant Agreement No. 4600010901
Page 36 of 58
Project 4: Regional Demand Management Program Expansion
Requested Grant Cost Share: Non-Siate Additional Toial Project Category (Required Funding Amount Match) Cost Share Cost
Direct Project Administration $19,362 $6,453 $0 $25,815
Land Purchase/Easement $0 $0 $0 $0
Planning/Design/Engineering/ Environment a! $0 $0 $0 $0 Documentation
Construct ion/1 mplement at ion $989,550 $330,618 $0 $1.320.168
Toial Cost $1,008,912 $337,071 $0 $1.345,983
Project 5: San Diego Wal:er Use Reduclton Program
Requested Grant Cost Share: Non-State Additional Toial Project Category (Required Funding Amount Match) Cost Shore Cost
Direct Project Administration $20,666 $0 $0 $20,666
Land Purchase/Easement $0 $0 $0 $0
Planning/Design/Engineering/ Environment ol $0 $0 $0 $0 Documentation
Construction/Implementation $678,854 $232,920 $0 $911,774
Toial Cost $699,520 $232,920 $0 $932,440
Project 6: Rincon Customer-Driven Demond Management Program
Requested Grant Cost Shore: Non· Addlflonal Cost Toial Project Category Siate (Required Amount Funding Match} Share Cost
Direct Project Administration $3,024 $1.008 $0 $4.032
Land Purchase/Easement $0 $0 $0 $0
Planning/Design/Engineering/ Environmental $0 $0 $0 $0 .Documentation
Construction/Implementation $597.903 $199,301 $0 $797,204
Toial Cost $600,927 $200,309 $0 $801,236
Task
a
b
c
d
Task
a
b
c
d
Grant Agreement No. 46000/0901
Page 37 of 58
Project 7: Regional Emergency Storage and Conveyance lntelfle Opllmlza11on
Requested Grant Cost Share: Non-State Additional Total Project Category (Required Funding Amount Match} Cost Share Cost
Direct Project Administration $0 $231.210 $0 $231,210
Land Purchase/Easement $0 $0 $0 $0
Planning/Design/Engineering/ Environmental $525,730 $297,096 $0 $822,826 Documentation
Construction/Implementation $2,028,770 $595,678 $0 $2,624,448
Total Cost $2,554,500 $1,123,984 $0 $3,678,484
Project 8: Grant Administration
Requested Grant Cost Share: Non-State Additional Total Project Category (Required Funding Amount Match) Cost Share Cost
Direct Project Administration $439',079 $0 $0 $439,079
Land Purchase/Easement $0 $0 $0 $0
Planning/Design/Engineering/ Environmental $0 $0 $0 $0 Documentation
Construct ion/1 mp lement at ion $0 $0 $0 $0
Total Cost $439,079 $0 $0 $439,079
Task
Task 1
Task 1 a
Task 1b
Task 1c
Task 2
Task 3
Task 3a
Task 3b
Task 3c
Task 3d
Task 3e
Task4
Task 4a
Task 4b
Task 4c
EXHIBIT C
SCHEDULE
Grant Agreement No. 4600010901
Page 38 of 58
Project 1: Reynolds Groundwater Desalination Facility Expansion
Category Start Date End Date
Direct Project Administration October-14 June-17
Project Management October-14 June17
Labor Compliance Program October-14 September-16
Reporting October-14 June-17
land Purchase/Easement January-14 July-15
Planning/Design/Engineering/Environmental January-07 September-16 Documentation
Feasibility Studies/ Assessment and January-07 December-11 Evaluation
CEQA Documentation April-10 December-10
Permitting January-07 September-17
Design January-07 April-15
Project Monitoring Plan January-07 September-16
Construction/Implementation April-15 June-17
Contract Services April-15 August-15
Construction/ Administration Sept-15 June-17
Construction/Implementation Activities Sept-15 June-17
Project 2: Fallbrook Plant Nurseries Recycled Water Distribution System Expansion
Task Category Start Date End Date
Task 1 Direct Project Administration July-14 March-16
Task 1a Project Management July-14 March-16
Task 1 b Labor Compliance Program July-14 March-16
Task 1c Reporting July-14 March-16
Task2 land Purchase/Easement May-14 August-14
Task3 Planning/Design/Engineering/Environmental
Documentation February-14 March-16
Task 3a Feasibility Studies/ Assessment and Evaluation June-14 November-14
Task 3b CEQA Documentation February-14 January-15
Task 3c Permitting September-14 March-16
Task 3d Design June-14 January-15
Task 3e Project Monitoring Plan February-14 March-16
Task4 Construction/Implementation January-15 March-16
Task 4a Contract Services January-15 February-15
Task 4b Construction/ Administration January-15 February-15
Task 4c Construction/! mplementation Activities May-15 March-16
Task
Task 1
Task 1a
Task 1 b
Task lc
Task2
Task3
Task 3a
Task 3b
Task 3c
Task 3d
Task 3e
Task4
Task 4a
Task 4b
Task 4c
Task
Task 1
Task 1a
Task 1b
Task 1c
Task 2
Task3
Task 3a
Task 3b
Task 3c
Task 3d
Task 3e
Task4
Task 4a
Task 4b
Task 4c
Grant Agreement No. 4600010901
Page39 of58
Project 3: Carlsbad Recycled Water Plant and Distribution System
Category Start Date End Date
Direct Project Administration October-14 December-17
Project Management October-14 December-17
Labor Compliance Program October-14 December-17
Reporting October-14 December-17
Land Purchase/Easement . .
Planning/Design/Engineering/Environmental January-12 April-17 Documentation
Feasibility Studies/ Assessment and January-12 December-13 Evaluation
CEQA Documentation January-12 May-13
Permitting January-15 April-17
Design January-13 December-14
Project Monitoring Plan January-12 April-17
Construction/Implementation October-14 December-17
Contract Services January-15 June-15
Construction/ Administration June-15 December-17
Construction/Implementation Activities October-14 December-17
Project 4: Regional Demand Management Program Expansion
Category Start Date End Date
Direct Project Administration April-15 December-18
Project Management April-15 December-18
Labor Compliance Program April-15 December-18
Reporting April-15 December-18
Land Purchase/Easement --
Planning/Design/Engineering/Environmental January-14 December-15 Documentation
Feasibility Studies/ Assessment and --Evaluation
CEQA Documentation --
Permitting October-14 December-15
Design --
Project Monitoring Plan January-14 December-15
Construction/Implementation November-14 December-18
Contract Services March-15 December-18
Construction/ Administration March-15 December-18
Construction/Implementation Activities September-15 December-18
Task
Task 1
Task 1a
Task lb
Task lc
Task 2
Task3
Task 3a
Task 3b
Task 3c
Task 3d
Task 3e
Task4
Task 4a
Task 4b
Task 4c
Task
Task 1
Task 1a
Task 1b
Task lc
Task 2
Task3
Task 3a
Task 3b
Task 3c
Task 3d
Task 3e
Task4
Task 4a
Task 4b
Task 4c
Project 5: San Diego Water Use Reduction Program
Category Start Date
Direct Project Administration October-14
Project Management October-14
Labor Compliance Program October-14
Reporting October-14
Land Purchase/Easement -
Planning/Design/Engineering/Environmental January-14 Documentation
Feasibility Studies/ Assessment and Evaluation January-14
CEQA Documentation -
Permitting October-14
Design June-14
Project Monitoring Plan January-14
Construction/Implementation October-14
Contract Services October-14
Construction/ Administration October-14
Construction/Implementation Activities October-14
Grant Agreement No. 4600010901
Page40 of 58
End Date
December-18
December-18
December -18
December-18
-
December-18
May-14
-
December-18
October-14
December-18
December-18
December-18
December-18
December-18
Project 6: Rincon Customer-Driven Demand Management Program
Category Start Date End Date
Direct Project Administration October-14 January-16
Project Management October-14 January-16
Labor Compliance Program --
Reporting October-14 January-16
Land Purchase/Easement -.
Planning/Design/Engineering/Environmental January-12 June-14 Documentation
Feasibility Studies/ Assessment and January-12 June-14 Evaluation
CEQA Documentation --
Permitting --
Design --
Project Monitoring Plan October-14 January-16
Construction/Implementation October-14 January-16
Contract Services October-14 January-16
Construction/ Administration October-14 January-16
Construction/Implementation Activities October-14 January-16
Grant Agreement No. 4600010901
Page 41 of 58
Project 7: Regional Emergency Storage and Conveyance lntertie Optimization
Task I Category Start Date End Date
Task 1 Direct Project Administration November-14 August-18
Task 1a Project Management November-14 August-18
Task 1b Labor Compliance Program November-14 August-18
Task 1c Reporting November-14 August-18
Task 2 Land Purchase/Easement --
Task3 Planning/Design/Engineering/Environmental March-14 June-16 Documentation
Task 3a Feasibility Studies/Assessment and Evaluation March-14 March-15
Task 3b CEQA Documentation November-14 June-16
Task 3c Permitting November-14 June-16
Task 3d Design April-15 January-16
Task 3e Project Monitoring Plan March-14 June-16
Task4 Construction/Implementation November-14 August-18
Task4a Contract Services December-14 April-15
Task4b Construction/Administration November-14 August-18
Task 4c Construction/! mplementation Activities November-14 August-18
Project 8: Grant Administration
Task Category Start Date End Date
Task 1 Direct Project Administration June-15 June-19
Task la Contract Administration and June-15 June-19 Coordination
Task 1b Invoicing June-15 June19
Task 1c Reporting June-15 June-19
EXHIBIT D
STANDARD CONDITIONS
D.l) ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:
Grant Agreement No. 4600010901
Page 42 of 58
a) Separate Accounting of Funding Disbursements and Interest Records: Grantee shall account for the
money disbursed pursuant to this Grant Agreement separately from all other Grantee funds.
Grantee shall maintain audit and accounting procedures that are in accordance with generally
accepted accounting principles and practices, consistently applied. Grantee shall keep complete
and accurate records of all receipts, disbursements, and interest earned on expenditures of such
funds. Grantee shall require its contractors or subcontractors to maintain books. records, and other
documents pertinent to their work in accordance with generally accepted accounting principles
and practices. Records are subject to inspection by State at any and all reasonable times.
b) Fiscal Management Systems and Accounting Standards: The Grantee agrees that, at a minimum, its
fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level
of expenditure adequate to establish that such funds have not been used in violation of state law or
this Grant Agreement.
c) Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be
deposited, administered. and accounted for pursuant to the provisions of applicable law.
d) Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were
disbursed to Grantee under this Grant Agreement and were not used to pay Eligible Project Costs
within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds
or, within thirty (30) calendar days of the expiration of the Grant Agreement, whichever comes first.
D.2) ACKNOWLEDGEMENT OF CREDIT: Grantee shall include appropriate acknowledgement of credit to the
State and to all cost-sharing partners for their support when promoting the Project(s) or using any data
and/or information developed under this Grant Agreement. During construction of (each/the) project.
Grantee shall install a sign at a prominent location, which shall include a statement that the project is
financed under the Safe Drinking Water, Water Quality and Supply, Flood ControL River and Coastal
Protection Bond Act of 2006, administered by State of California, Department of Water Resources.
Grantee shall notify State that the sign has been erected by providing them with a site map with the
sign location noted and a photograph of the sign.
0.3) AIR OR WATER POLLUTION VIOLATION: Under State laws, the Grantee shall not be: (1} in violation of any
order or resolution not subject to review promulgated by the State Air Resources Board or an air
pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to
Section 13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water
pollution.
0.4) AMENDMENT: This Grant Agreement may be amended at any time by mutual agreement of the Parties.
except insofar as any proposed amendments are in any way contrary to applicable law. Requests by
the Grantee for amendments must be in writing stating the amendment request and the reason for the
request. State shall have no obligation to agree to an amendment.
D.S) AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that it
complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which
prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines
issued pursuant to the ADA.
D.6) APPROVAL: This Agreement is of no force or effect until signed by all parties to the agreement. Grantee
may not submit invoices or receive payment until all required signatures have been obtained.
D.7) AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant
Agreement and the completion of Project(s). with the costs of such audit borne by State. After
completion of the Project(s), State may require Grantee to conduct a final audit to State's
Grant Agreement No. 4600010901
Page43 of58
specifications, at Grantee's expense, such audit to be conducted by and a report prepared by an
independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision
shall be considered a breach of this Grant Agreement, and State may elect to pursue any remedies
provided in Paragraph 14 or take any other action it deems necessary to protect its interests.
Pursuant to Government Code Section 8546.7, the Grantee shall be subject to the examination and
audit by the State for a period of three years after final payment under this Grant Agreement with
respect to all matters connected with this Grant Agreement, including but not limited to, the cost of
administering this Grant Agreement. All records of Grantee or its contractor or subcontractors shall be
preserved for this purpose for at least three (3) years after project completion or final billing, whichever
comes later.
D.S} BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant Agreement does
not appropriate sufficient funds for the Proposition 84 Implementation Grant Program, this Grant
Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to
the obligation of State to make any payments under this Grant Agreement. In this event, State shall
have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under
this Grant Agreement and Grantee shall not be obligated to perform any provisions of this Grant
Agreement. Nothing in this Grant Agreement shall be construed to provide Grantee with a right of
priority for payment over any other Grantee. If funding for any fiscal year after the current year covered
by this Grant Agreement is reduced or deleted by the Budget Act for purposes of this program, State
shall have the option to either cancel this Grant Agreement with no liability occurring to State, or offer a
Grant Agreement amendment to Grantee to reflect the reduced amount.
D. 9) CALIFORNIA CONSERVATION CORPS: As required in Water Code section 79038(b), Grantee shall
examine the feasibility of using the California Conservation Corps or community conservation corps to
accomplish the habitat restoration. enhancement and protection activities listed in the Exhibit A, Work
Plan, and shall use the services of one of these organizations whenever feasible.
D.10) CEQA: Activities funded under this Grant Agreement. regardless of funding source, must be in
compliance with the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et
seq.). Information on CEQA may be found at the following links:
Environmental Information: http://ceres.ca.gov /cega/
California State Clearinghouse Handbook: http:// ceres.ca .gov /planning/sch/
D.11) CHILD SUPPORT COMPLIANCE ACT: For any Grant Agreement in excess of $100,000, the Grantee
acknowledges in accordance with Public Contract Code 711 0, that:
a) The Grantee 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
b) The Grantee. 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.
D.12) CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this agreement
including, but not limited to. claims for additional compensation or extension of time, shall be submitted
to the State's Project Manager, within thirty (30) days of the Grantee's knowledge of the claim. State
and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to
this Agreement to implement the terms of any such resolution.
D.13) COMPETITIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all applicable laws and
regulations regarding securing competitive bids and undertaking competitive negotiations in Grantee's
contracts with other entities for acquisition of goods and services and construction of public works with
funds provided by State under this Grant Agreement.
Grant Agreement No. 4600010901
Page 44 of 58
D.14) COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure
that state funds will not be used in the performance of this Grant Agreement for the acquisition,
operation, or maintenance of computer software in violation of copyright laws.
D.15) CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure
to comply with these laws, including business and financial disclosure provisions, will result in the
application being rejected and any subsequent contract being declared void. Other legal action may
also be taken. Applicable statutes include, but are not limited to, Government Code, Section 1090 and
Public Contract Code, Sections 10410 and 10411, for State conflict of interest requirements.
a) Current State Employees: No State officer or employee shall engage in any employment activity, or
enterprise from which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any State agency, unless the employment activity, or enterprise is
required as a condition of regular State employment. No State officer or employee shall contract on
his or her own behalf as an independent contractor with any State agency to provide goods or
services.
b) Former State Employees: For the two-year period from the date he or she left State employment, no
former State officer or employee may enter into a contract in which he or she engaged in any of
the negotiations, transactions, planning, arrangements, or any part of the decision-making process
relevant to the contract while employed in any capacity by any State agency. For the twelve-
month period from the date he or she left State employment, no former State officer or employee
may enter into a contract with any State agency if he or she was employed by that State agency in
a policy-making position in the same general subject area as the proposed contract within the
twelve-month period prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of
law pertaining to conflicts of interest including but not limited to any applicable conflict of interest
provisions of the California Political Reform Act, Cal. Gov't Code§ 87100 et seq.
d) Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be
required by the Department to file a Statement of Economic Interests (Fair Political Practices
Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act
purposes.
D.16) DELIVERY OF INFORMATION, REPORTS. AND DATA: Grantee agrees to expeditiously provide throughout
the term of this Grant Agreement. such reports, data, information, and certifications as may be
reasonably required by State.
D.17) DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior to
submission of the final invoice, an itemized inventory of equipment purchased with funds provided by
State. The inventory shall include all items with a current estimated fair market value of more than
$5.000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Grantee with
a list of the items on the inventory that State will take title to. All other items shall become the property of
Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of
transportation, if any, shall be borne by State.
D.18) DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Grant Agreement,
Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of
State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990
(Government Code 8350 et seq.) and have or will provide a drug-free workplace by taking the
following actions:
a) Publish a statement notifying employees, contractors, and subcontractors that unlawful
manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited
and specifying actions to be taken against employees, contractors, or subcontractors for violations,
as required by Government Code Section 8355(a)(l ).
Grant Agreement No. 4600010901
Page 45 of 58
b) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(a) (2) to
inform employees, contractors, or subcontractors about all of the following:
i) The dangers of drug abuse in the workplace,
ii) Grantee's policy of maintaining a drug-free workplace,
iii) Any available counseling, rehabilitation, and employee assistance programs, and
iv) Penalties that may be imposed upon employees, contractors, and subcontractors for drug
abuse violations.
c) Provide, as required by Government Code Sections 8355(a)(3), that every employee, contractor,
and/or subcontractor who works under this Grant Agreement:
i) Will receive a copy of Grantee's drug-free policy statement, and
ii) Will agree to abide by terms of Grantee's condition of employment. contract or subcontract.
D.19) FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completion of the Project,
Grantee shall provide for a final inspection and certification by the appropriate registered professional
(California Registered Civil Engineer or Geologist} that the Project has been completed in accordance
with submitted final plans and specifications and any modifications thereto and in accordance with this
Grant Agreement. Grantee shall notify the State's Project Manager of the inspection date at least 14
calendar days prior to the inspection in order to provide State the opportunity to participate in the
inspection.
D.20} GRANTEE COMMITMENTS: Grantee accepts and agrees to comply with all terms, provisions, conditions
and commitments of this Grant Agreement, including all incorporated documents, and to fulfill all
assurances, declarations, representations, and statements made by the Grantee in the application,
documents, amendments, and communications filed in support of its request for funding.
D.21) GRANTEE NAME CHANGE: Approval of the State's Program Manager is required to change the
Grantee's name as listed on this Grant Agreement. Upon receipt of legal documentation of the name
change the State will process an amendment. Payment of invoices presented with a new name cannot
be paid prior to approval of said amendment.
D.22) GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with
the laws of the State of California.
D.23) INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and
employees, free and harmless from any and all liabilities for any claims and damages (including inverse
condemnation) that may arise out of the Project(s) and this Agreement, including, but not limited to
any claims or damages arising from planning, design, construction, maintenance and/or operation of
levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its
contractors or subcontractors to name the State, its officers, agents and employees as additional
insured on their liability insurance for activities undertaken pursuant to this Agreement.
D.24) INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of
the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents
of the State.
D.25) INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto
and their duly authorized representatives shall have the right to inspect and to make copies of any
books, records, or reports of either party pertaining to this Grant Agreement or matters related hereto.
Each of the parties hereto shall maintain and shall make available at all times for such inspection
accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant
Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of
this Grant Agreement, and State may withhold disbursements to Grantee or take any other action it
deems necessary to protect its interests.
0.26) INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at
any and all reasonable times during the term of the Grant Agreement. This right shall extend to any
subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or
subcontracts entered into pursuant to its Grant Agreement with State.
Grant Agreement No. 4600010901
Page 46 of 58
D.27) INVOICE DISPUTES: In the event of an invoice dispute, payment will not be made until the dispute is
resolved and a corrected invoice submitted. Failure to use the address exactly as provided may result in
return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the
payment, properly addressed, postage prepaid, in the United States mail. Any claim that Grantee may
have regarding the performance of this Grant Agreement including, but not limited to claims for
additional compensation or extension of time, shall be submitted to the DWR Project Manager within
thirty (30) calendar days of Grantee's knowledge of the claim. State and Grantee shall then attempt to
negotiate a resolution of such claim and process an amendment to the Grant Agreement to implement
the terms of any such resolution.
D.28) LABOR CODE COMPLIANCE: The Grantee will be required to keep informed of and take all measures
necessary to ensure compliance with applicable California Labor Code requirements, including, but not
limited to, Section 1720 et seq. of the California Labor Code regarding public works, limitations on use of
volunteer labor (California Labor Code Section 1720.4}, labor compliance programs (California Labor
Code Section 1 771 .5} and payment of prevailing wages for work done and funded pursuant to these
Guidelines, including any payments to the Department of Industrial Relations under Labor Code Section
1771.3.
D.29} MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole
discretion approve non-material changes to the portions of Exhibit A which concern the budget and
schedule without formally amending this Grant Agreement. Non-material changes with respect to the
budget are changes that only result in reallocation of the budget and will not result in an increase in the
amount of the State Grant Agreement. Non-material changes with respect to (each/the) Project
schedule are changes that will not extend the term of this Grant Agreement. Requests for non-material
changes to the budget and schedule must be submitted by the Grantee to the State in writing and are
not effective unless and until specifically approved by the State's Project Manager in writing.
D.30) NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors or
subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion,
creed, national origin (including language use restriction), pregnancy, physical disability (including HIV
and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital
status, and denial of medial and family care leave or pregnancy disability leave. Grantee and its
contractors or subcontractors shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Grantee and its
contractors or subcontroctors shall comply with the provisions of the Fair Employment and Housing Act
(Gov. Code§ 12990 (a-f) et seq.) and the applicable regulations promulgated there under (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. Grantee and its contractors or subcontractors
shall give written notice of their obligations under this clause to labor organizations with which they have
a collective bargaining or other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the Grant Agreement.
D.31) NO DISCRIMINATION AGAINST DOMESTIC PARTNERS: For contracts over $100,000 executed or amended
after January 1, 2007, the Grantee certifies by signing this Grant Agreement, under penalty of perjury
under the laws of State of California that Grantee is in compliance with Public Contract Code section
10295.3.
D.32) OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action to be
based upon, judgment, approval, review, or determination of either party hereto, such terms are not
intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or
determination to be arbitrary, capricious, or unreasonable.
Grant Agreement No. 4600010901
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D.33) PERFORMANCE AND ASSURANCES: Grantee agrees to faithfully and expeditiously perform or cause to be
performed all Project work as described in Exhibit A, "Work Plan" and to apply State funds received only
to Eligible Project Costs in accordance with applicable provisions of the law.
D.34) PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement includes services in excess of $200,000, the
Grantee shall give priority consideration in filling vacancies in positions funded by the Grant Agreement
to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub.
Contract Code § 1 0353.
D.35) PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell,
abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever
all or any portion of any real or other property necessarily connected or used in conjunction with the
Project(s), or with Grantee's service of water, without prior permission of State. Grantee shall not take
any action, including but not limited to actions relating to user fees, charges, and assessments that
could adversely affect the ability of Grantee to meet its obligations under this Grant Agreement,
without prior written permission of State. State may require that the proceeds from the disposition of any
real or personal property be remitted to State.
D.36) REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of
this Grant Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the
application of, any other remedy provided by law.
D.37) RETENTION: Notwithstanding any other provision of this Grant Agreement, State shall, for each project.
withhold five percent (5.0%) until January 1, 2018 and ten percent (10.0%), thereafter, of the funds
requested by Grantee for reimbursement of Eligible Costs. Each project in this Grant Agreement will be
eligible to release its respective retention when that project is completed and Grantee has met
requirements of Paragraph 19, "Submissions of Reports" as follows: At such time as the "Project
Completion Report" required under Paragraph 19 is submitted to and approved by State, State shall
disburse the retained funds as to that project to Grantee, except in the case of the last project to be
completed under this Grant Agreement, in which case retention for such project will not be disbursed
until the "Grant Completion Report" is submitted to and approved by State.
D.38) RIGHTS IN DATA: Grantee 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 Grant Agreement shall be made available to the State and shall be in the public domain to the
extent to which release of such materials is required under the California Public Records Act., Cal. Gov't
Code §6250 et seq. Grantee may disclose, disseminate and use in whole or in part, any final form data
and information received, collected and developed under this Grant Agreement, subject to
appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the
materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The
State shall have the right to use any data described in this paragraph for any public purpose.
D.39) SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or unenforceable,
such shall be severed from the whole and the Grant Agreement shall continue as modified.
D.40) STATE REVIEWS: The parties agree that review or approval of project(s)applications, documents, permits,
plans, and specifications or other project information by the State is for administrative purposes only and
does not relieve the Grantee of their responsibility to properly plan, design, construct, operate, maintain,
implement, or otherwise carry out the project(s).
D.41) SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments or
termination, or both, and Grantee may be subject to debarment if the State determines that:
a} Grantee, its contractors, or subcontractors have made a false certification, or
b) Grantee, its contractors, or subcontractors violates the certification by failing to carry out the
requirements noted in this Grant Agreement.
D.42) SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the
successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part
Grant Agreement No. 4600010901
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thereof. rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved
by State and made subject to such reasonable terms and conditions as State may impose.
0.43) TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may
terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide
a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up
until termination date.
0.44) TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 14, the State may terminate this
Grant Agreement and be relieved of any payments should Grantee fail to perform the requirements of
this Grant Agreement at the time and in the manner herein, provided including but not limited to
reasons of default under Paragraph 14.
0.45) TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days
advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the
date of termination.
0.46) THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant
remedies to, any third party as a beneficiary of this Agreement, or any duty. covenant, obligation or
understanding established herein.
0.47) TIMELINESS: Time is of the essence in this Grant Agreement.
0.48) TRAVEL: Grantee agrees that travel and per diem costs shall NOT be eligible for reimbursement with
State funds, and shall NOT be eligible for computing Grantee cost match. Travel includes the costs of
transportation, subsistence, and other associated costs incurred by personnel during the term of this
Grant Agreement.
0.49) WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless
expressly waived in writing. It is the intention of the parties here to that from time to time either party
may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either
party of rights arising in connection with the Grant Agreement shall not be deemed to be a waiver with
respect to any other rights or matters, and such provisions shall continue in full force and effect.
0.50) WORKERS' COMPENSATION: Grantee affirms that it is aware of the provisions of Section 3700 of the
California Labor Code, which requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of that code, and
Grantee affirms that it will comply with such provisions before commencing the performance of the
work under this Grant Agreement and will make its contractors and subcontractors aware of this
provision.
EXHIBIT E
AUTHORIZING RESOLUTION
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GrantAgreementNo.460001090!
Page49 of 58
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Grant Agreement No. 4600010901
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EXHIBIT F
LOCAL PROJECT SPONSORS
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Grantee has assigned, for each project, a Local Project Sponsor according to the roles of the participating
agencies identified in the IRWM Plan. Local Project Sponsors may act on behalf of Grantee for the purposes of
individual project management, oversight, compliance, and operations and maintenance. Local Project
Sponsors are identified for each Sponsored Project below:
Local Sponsor Agency Designations
Sponsored Project Sponsor Agency Agency Address
l Reynolds Groundwater Desalination Sweetwater Authority P.O. Box 2328 Chula Vista, CA Facility Expansion 91912
2 Fallbrook Plant Nurseries Recycled Fallbrook Public Utility District 990 E Mission Rd Fallbrook. CA Water Distribution System Expansion 92028
3 Carlsbad Recycled Water Plant and Carlsbad Municipal Water 5950 El Camino Real Distribution System District Carlsbad. CA 92008
4 Regional Demand Management San Diego County Water 4677 Overland A venue
Program Expansion Authority San Diego. CA 92123
San Diego Water Use Reduction City of San Diego, Public Utilities 525 B Street. Suite 300
5 Program Department. Long Range San Diego, CA 92101
Planning and Water Resources
Division
6 Rincon Customer-Driven Demand Rincon del Diablo Municipal 1920 North Iris Lane, Management Program Water District Escondido. CA 92026
7 Regional Emergency Storage and City of San Diego, Public Utilities 525 B St.. Suite 300.
Conveyance lntertie Optimization Department San Diego, CA 92001
8 Grant Administration San Diego County Water 4677 Overland A venue
Authority San Diego, CA 92123
• A summary of final funds disbursement including:
Grant Agreement No. 4600010901
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o Labor cost of personnel of agency/ major consultant /sub-consultants. Indicate personnel, hours.
rates, type of profession and reason for consultant, i.e., design, CEQA work, etc.
o Project cost information, shown by material, equipment, labor costs, and any change orders
o Any other incurred cost detail
o A statement verifying separate accounting of funding disbursements
• Summary of project cost including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed; and
o A discussion of factors that positively or negatively affected the project cost and any deviation
from the original project cost estimate.
Additional Information
• Benefits derived from the project. with quantification of such benefits provided. if applicable.
• A final project schedule showing actual progress verse planned progress as shown in Exhibit B.
• Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate)
that the project was conducted in accordance with the approved work plan and any approved
modifications thereto.
• Submittal schedule for the Post Performance Report and an outline of the proposed reporting
format.
GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as
necessary to effectively communicate information on the various projects in the IRWM Program funded by this
Grant Agreement, and includes the following:
Executive Summary
The Executive Summary consists of a maximum of twenty (20) pages summarizing information for the
grant as well as the individual projects.
Reports and/or products
• Summary of the regional priorities. objectives, and water management strategies of the IRWM Plan.
• Brief comparison of work proposed in the original Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Bond Act of 2006 IRWM Implementation Grant
application and actual work done.
• Brief description of the projects completed and how they will further the goals identified in the
Agency's final approved IRWM Plan.
• Describe how the implemented projects will meet the regional priorities identified in the final
approved IRWM Plan and how the projects contribute to regional integration.
• Identify remaining work and mechanism for their implementation.
• Identify any changes to the IRWM Plan as result of project implementation.
• If applicable, a short discussion on how the IRWM Plan will assist in reducing dependence on Delta
water supplies.
• If applicable, a discussion of the critical water supply or water quality benefits to DAC as part of this
Grant Agreement
Cost &. Disposition of funds Information
• A summary of final funds disbursement for each project.
Additional Information
• A final schedule showing individual project's actual progress duration verse planned progress.
• Certification from a California Registered Professional (Civil Engineer or Geologist. as appropriate)
that the Program was conducted in accordance with the approved work plan and any approved
modifications thereto. Discussion of the synergies of the completed projects, including the
Grant Agreement No. 4600010901
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integration of project benefits and a comparison of actual benefits versus those discussed in the
original proposal.
• Submittal schedule for the Post Performance Reports for each of the projects in this Grant
Agreement.
POST-PERFORMANCE REPORT
Report should be concise, and focus on how (each/the) project is actually performing compared to its
expected performance; whether the project is being operated and maintained, and providing intended
benefits as proposed.
Reports and/or products
• Time period of the annual report (i.e., Oct 2014 through September 2015)
• Short project description
• Discussion of the project benefits
• An assessment of any explanations for any differences between the expected versus actual project
benefits in meeting IRWM priorities as stated in the originaiiRWM Implementation Grant application.
Where applicable, the reporting should include quantitative metrics, i.e., new acre-feet of water
produced that year, acres of wildlife habitat added, etc.
• Summary of any additional costs and/or benefits deriving from the project since its completion, if
applicable
• Continued reporting on meeting the Output Indicators and Targets discussed in the Project
Monitoring Plan discussed in Paragraph 21 of this Grant Agreement
• Any additional information relevant to or generated by the continued operation of the project
EXHIBIT H
REQUIREMENTS FOR STATEWIDE MONITORING AND DATA SUBMITTAL
Surface and Groundwater Quality Data
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Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or
biological data shall be submitted to the State as described below, with a narrative description of data
submittal activities included in project reports, as described in Exhibit G.
Surface water quality monitoring data shall be prepared for submission to the California Environmental Data
Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website. Inclusion of
additional data elements described on the data templates is desirable. Data ready for submission should be
uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website:
http://www.ceden.org.
If a project's Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring
data shall be submitted to the State for inclusion in the State Water Resources Control Board's Groundwater
Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at:
http://www.waterboards.ca.gov/water issues/programs/gama/. If further information is required, the Grantee
can contact the State Water Resources Control Board (SWRCB) GAMA Program. A listing of SWRCB staff
involved in the GAMA program can be found at:
http://www .swrcb .ca.gov /water issues/programs/gama/ contact .shtml
Groundwater level Data
Grantee shall submit to DWR groundwater level data collected as part of this grant. Water level data must be
submitted using the California Statewide Groundwater Elevation Monitoring (CASGEM) online data submission
system. Grantee should use their official CASGEM Monitoring Entity or Cooperating Agency status to gain
access to the online submittal tool and submit data. If the data is from wells that are not part of the monitoring
network, the water level measurements should be classified as voluntary measurements in the CASGEM
system. If the grantee is not a Monitoring Entity or Cooperating Agency, please contact your DWR grant
project manager for further assistance with data submittal. The activity of data submittal should be
documented in appropriate progress or final project reports, as described in Exhibit G. Information regarding
the CASGEM program can be found at http://www.water.ca.gov/groundwater/casgem/.
EXHIBIT I
Grant Agreement No. 4600010901
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STATE AUDIT DOCUMENT REQUIREMENTS AND FUNDING MATCH GUIDELINES
FOR GRANTEES
State Audit Document Requirements
The list below details the documents/records that State Auditors typically reviewed in the event of a Grant
Agreement being audited. Grantees should ensure that such records are maintained for each State funded
Program/Project. Where applicable, this list of documents also includes documents relating to the Grantee's
funding match which will be required for audit purposes.
Internal Controls:
1. Organization chart (e.g., Agency's overall organization chart and organization chart for this Grant
Agreement's funded project.
2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) State funding expenditure tracking
e) Guidelines, policy(ies), and procedures on State funded Program/Project
3. Audit reports of the Grantee's internal control structure and/or financial statements within the last two
years.
4. Prior audit reports on State funded Program/Project.
State Funding:
l. Original Grant Agreement, any amendment(s) and budget modification documents.
2. A list of all bond-funded grants, loans or subventions received from the State.
3. A list of all other funding sources for each Program/Project.
Contracts:
1. All subcontractor and consultant contracts and related, if applicable.
2. Contracts between the Grantee, member agencies, and project partners as related to the State
funded Program/Project.
Invoices:
1 . Invoices from vendors and subcontractors for expenditures submitted to the State for payments under
the Grant Agreement.
2. Documentation linking subcontractor invoices to State reimbursement requests and related Grant
Agreement budget line items.
3. Reimbursement requests submitted to the State for the Grant Agreement.
Cash Documents:
1. Receipts (copies of warrants) showing payments received from the State.
2. Deposit slips or bank statements showing deposit of the payments received from the State.
3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors,
consultants, and/or agents under the Grant Agreement.
Accounting Records:
1. Ledgers showing receipts and cash disbursement entries for State funding.
2. Ledgers showing receipts and cash disbursement entries of other funding sources.
3. Bridging documents that tie the general ledger to reimbursement requests submitted to the State for the
Grant Agreement
Administration Costs:
1 . Supporting documents showing the calculation of administration costs.
Personnel:
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1. List of all contractors and Grantee staff that worked on the State funded Program/Project.
2. Payroll records including timesheets for contractor staff and the Grantee's
Project Files:
1. All supporting documentation maintained in the Program/Project files.
2. All Grant Agreement related correspondence.
Funding Match Guidelines
Funding Match consists of non-State funds including in-kind services. In-kind services are defined as work
performed or items contributed (i.e., dollar value of non-cash contributions) by the Grantee (and potentially
other parties involved) directly related to the execution of Exhibit A "Work Plan" (examples: volunteer services,
equipment use, and facilities). The cost of in-kind service can be counted as funding match in-lieu of actual
funds {or revenue) provided by the Grantee. Other funding match and in-kind service eligibility conditions may
apply. Provided below is guidance for documenting funding match with and without in-kind services.
1. Although tracked separately, in-kind services shall be documented and, to the extent feasible,
supported by the same methods used by the Grantee for its own employees. Such documentation
should include the following:
a. Detailed description of the contributed item(s) or service(s)
b. Purpose for which the contribution was made (tied to Grant Agreement Exhibit A "Work Plan")
c. Name of contributing organization and date of contribution
d. Real or approximate value of contribution. Who valued the contribution and how the value was
determined? (e.g., actual, appraisal, fair market value, etc.). Justification of rate. {See item #2,
below)
e. For contributed labor, the person's name, the work performed, the number of hours contributed,
and the pay rate applied
f. If multiple sources exist. these should be summarized on a table with summed charges
g. Source of contribution and whether it was provided by, obtained with. or supported by government
funds
2. Rates for volunteer or in-kind services shall be consistent with those paid for similar work in the Grantee's
organization. For example, volunteer service of clearing vegetation performed by an attorney shall be
valued at a fair market value for this service, not the rate for professional legal services. In those
instances in which the required skills are not found in the recipient organization, rates shall be consistent
with those paid for similar work in the labor market. Paid fringe benefits that are reasonable. allowable
and allocable may be included in the valuation.
3. Funding match contribution {including in kind services} shall be for costs and services directly attributed
to activities included in the Grant Agreement Work Plan. These services. furnished by professional and
technical personnel, consultants, and other skilled and unskilled labor may be counted as in-kind if the
activities are an integral and necessary part of the State funded Program/Project under the Grant
Agreement.
4. Cash contributions made to a Program/Project shall be documented as revenue and in-kind services as
expenditure. These costs should be tracked separately in the Grantee's accounting systems.
EXHIBIT J
PROJECT MONITORING PLAN GUIDANCE
Introduction
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Please include a brief description of the project (maximum -150 words) including project location,
implementation elements, and need for project (what problem will the project address).
Project Monitoring Plan Components
The Project Monitoring Plan should contain responses to the following questions:
• What are the anticipated project physical benefits?
• What are the corresponding numeric targets for each project benefit?
• How will proposed numeric targets be measured?
• What are baseline conditions?
• When will the targets be met (upon project completion, five years after completion, etc.)
• How often will monitoring be undertaken (monthly yearly, etc.).
• Where are monitoring point locations (ex: meter located at .. , at stream mile ... )? Include relevant maps.
• How will the project be maintained (ex: irrigation, pest management, weed abatement..)?
• What will be the frequency and duration of maintenance proposed activities?
• Are there any special environmental considerations (e.g., resource agency requirements, permit
requirements, CEQA/NEPA mitigation measures)?
• Who is responsible for collecting the samples (who is conducting monitoring and/or maintenance)?
• How, and to whom, will monitoring results be reported (e.g.,: paper reports, online databases, public
meetings)?
.. What adaptive management strategies will be employed if problems are encountered during routine
monitoring or maintenance?
• What is the anticipated life of the project?