HomeMy WebLinkAboutCounty of Humboldt 2017-01-17PROPOSITION 84 SUB -GRANTEE AGREEMENT
BY AND BETWEEN
THE COUNTY OF HUMBOLDT
AND
City Of Ukiah
FOR THE PROJECT ENTITLED: Ukiah Valley & dwood Valley Water Supply Project
This Agreement, entered into this/1-1 day of Vflinafter
20 , by and between the County of
Humboldt, a political subdivision of the State of California, referred to as "COUNTY," and
City of Ukiah, a California general law municipal corporation, hereinafter referred to as "SUB-
GRANTEE," is made upon the following considerations:
RECITALS
WHEREAS, COUNTY has agreed to receive grant funding from the California Department of
Water Resources ("DWR") pursuant to Proposition 84 Integrated Regional Water Management
Implementation Grant Agreement No. 4600010890, dated July 20 2015 ("Proposition 84 Implementation
Agreement"), which is attached hereto as Exhibit A – Proposition 84 Implementation Agreement and
incorporated herein by reference; and
WHEREAS, SUB -GRANTEE is one of several parties intended to receive grant funding from
COUNTY pursuant to said Proposition 84 Implementation Agreement for work to be completed by SUB-
GRANTEE as set forth in said Proposition 84 Implementation Agreement; and
WHEREAS, such work to be completed by SUB -GRANTEE, and other specific information
pertaining to the Ukiah Valley & Redwood Valley Water Supply Project ("Project"), is set forth in both
the Proposition 84 Implementation Agreement and in this Agreement as Exhibit B – Work Plan, Schedule
and Budget, which is attached hereto and incorporated herein by reference; and
WHEREAS, the parties acknowledge that COUNTY intends to merely administer the distribution of
grant funds pursuant to the Proposition 84 Implementation Agreement and SUB -GRANTEE intends to
complete all other aspects of the Project, as set forth in the Proposition 84 Implementation Agreement and
Exhibit B to this Agreement, in a manner that will insure COUNTY's compliance with the Proposition 84
Implementation Agreement; and
WHEREAS, COUNTY is relying on SUB-GRANTEE's performance hereunder in order for
COUNTY to comply with its obligations set forth in the Proposition 84 Implementation Agreement; and
WHEREAS, the parties desire to set forth the terms and conditions under which SUB -GRANTEE is
to receive grant funds from 'COUNTY.
,AGREEMENT
1. INCORPORATION BY REFERENCE:
The above recitals are incorporated herein by reference.
2. RIGHTS AND OBLIGATIONS OF SUB -GRANTEE:
A. Scope of Work. SUB -GRANTEE shall perform all work pertaining to the Project, and provide
the documentation required of COUNTY or other sub -grantees, in a timely manner as set forth
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 1 of 14
in the applicable provisions of the Proposition 84 Implementation Agreement and Exhibit B to
this Agreement.
B. Provision of Requested Documentation and Project Access. To enable COUNTY to confirm
SUB-GRANTEE's compliance with this Agreement, SUB -GRANTEE shall provide
COUNTY with any requested documentation and access to any work sites, or other areas
associated with the Project.
RIGHTS AND OBLIGATIONS OF COUNTY:
A. Disbursement. Subject to receipt of grant funds from DWR, as a result of a particular request
for disbursement submitted by SUB -GRANTEE, and the other terms and conditions set forth
herein, COUNTY shall remit to SUB -GRANTEE such funds it receives from DWR. SUB-
GRANTEE shall not be entitled disbursement of grant funds as set forth herein, if COUNTY
does not receive grant funds from DWR in connection with SUB-GRANTEE's request for
disbursement.
B. Remedies. In the event SUB -GRANTEE violates any provision of this Agreement that could
potentially result in a violation of the Proposition 84 Implementation Agreement, COUNTY
may take any and all appropriate measures to prevent any such violation of the Proposition 84
Implementation Agreement, or to mitigate any damages COUNTY could incur as a result
thereof, including, but not limited to, performing any work required of SUB -GRANTEE
hereunder. SUB -GRANTEE shall be liable for any costs incurred by COUNTY in connection
with any such violation of this Agreement or the Proposition 84 Implementation Agreement.
4. DISBURSEMENT OF GRANT FUNDS:
A. Disbursement Requests. SUB -GRANTEE hereby acknowledges that the Eligible Project
Costs related to the Project are limited to those set forth in the applicable provisions of the
Proposition 84 Implementation Agreement and Exhibit B to this Agreement. SUB -GRANTEE
shall not request disbursement for any cost until such cost has been incurred, and has been
paid, or is due and payable, by SUB -GRANTEE.
B. Matching Funds. SUB -GRANTEE hereby acknowledges that it is required to obtain matching
funds for the Project as set forth in the applicable provisions of the Proposition 84
Implementation Agreement.
C. Invoices. In order to receive disbursement of grant funds, SUB -GRANTEE shall submit to
COUNTY monthly invoices itemizing all work completed, and Eligible Project Costs incurred,
by SUB -GRANTEE. Invoices shall be in a format approved by, and shall include backup
documentation as specified by, the Humboldt County Department of Public Works and the
Humboldt County Auditor -Controller. All invoices submitted by SUB -GRANTEE shall be
sent to COUNTY at the following address:
COUNTY: Humboldt County Department of Public Works
Natural Resources Division
Attn: Devin Theobald, Administrative Analyst
1106 Second Street
Eureka, CA 95501
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 2 of 14
D. Retention of Grant Funds. SUB -GRANTEE acknowledges that COUNTY may withhold the
disbursement of any grant funds that may be necessary to satisfy the retention requirements set
forth in the applicable provisions of the Proposition 84 Implementation Agreement.
E. Conditions and Limitations. Notwithstanding any other provision of this Agreement, no
disbursement shall be required at any time or in any manner which:
Violates, or conflicts with, the Proposition 84 Implementation Agreement or any local,
state or federal laws, rules or regulations
2. May require any rebates to the federal government pursuant to any applicable local, state
or federal laws or regulations.
May result in the loss of tax-free status on state bonds pursuant to any applicable local,
state or federal laws or regulations.
F. Refunds. If COUNTY is required to refund to DWR any disbursement made to SUB-
GRANTEE, due to a violation of the Proposition 84 Implementation Agreement by SUB-
GRANTEE, SUB -GRANTEE shall refund to COUNTY such disbursement amount plus any
interest or penalties required to be paid by COUNTY in connection with such refund.
5. TERM:
This Agreement shall begin upon execution by both parties and shall remain in full force and effect
until June 30, 2019 or until all of the parties' obligations hereunder are fully satisfied, whichever
occurs earlier.
6. TERMINATION:
A. Breach of Contract. If, in the opinion of COUNTY, SUB -GRANTEE fails to adequately
perform it obligations hereunder, within the time limits set forth in the applicable provisions of
the Proposition 84 Implementation Agreement and Exhibit B to this Agreement, or otherwise
fails to comply with any term or condition of this Agreement, or violates any ordinance,
regulation, or other law applicable to its performance herein, COUNTY may terminate this
Agreement immediately, upon notice.
B. Without Cause. This Agreement may be terminated by COUNTY without cause upon thirty
(30) days advance written notice. Such notice shall state the effective date of the termination.
C. Insufficient Fundiniz. COUNTY's obligations under this Agreement are contingent upon the
availability of local, state and/or federal funds. In the event such funding is terminated,
COUNTY shall, at its sole discretion, determine whether this Agreement shall be terminated.
COUNTY shall provide SUB -GRANTEE seven (7) days advance written notice of its intent to
terminate this Agreement due to insufficient funding.
D. Compensation. In the event of any termination of this Agreement, SUB -GRANTEE shall be
entitled to compensation for uncompensated Eligible Project Costs incurred hereunder through
and including the effective date of such termination. However, this provision shall not limit or
reduce any damages owing to COUNTY resulting from a breach of this Agreement by SUB-
GRANTEE.
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 3 of 14
7. NOTICES:
Any and all notices required to be given pursuant to the terms of this Agreement shall be in writing
and either served personally or sent by certified mail, return receipt requested, to the respective
addresses set forth below. Notice shall be effective upon actual receipt or refusal as shown on the
receipt obtained pursuant to the foregoing.
COUNTY: Humboldt County Department of Public Works
Natural Resource Division
Attn: Devin Theobald, Administrative Analyst
1106 Second Street
Eureka, CA 95501
SUB -GRANTEE: City of Ukiah
Attn: Tim Eriksen, Director of Public Works/City Engineer
300 Seminary Avenue
Ukiah, CA 95482
8. RECORD RETENTION AND INSPECTION:
A. Maintenance and Preservation of Records. SUB -GRANTEE agrees to timely prepare accurate
and complete performance records relating to the Project, and to maintain and preserve said
records for at least seven (7) years from the expiration date of this Agreement, except that if
any litigation, claim, negotiation, audit or other action is pending, the records shall be retained
until completion and resolution of all issues arising therefrom.
B. Inspection of Records. SUB -GRANTEE hereby agrees to make all performance records
relating to the Project available during normal business hours to inspection, audit and
reproduction by any duly authorized local, state and/or federal agencies. SUB -GRANTEE
further agrees to allow interviews of any persons who might reasonably have information
related to such records by any duly authorized local, state and/or federal agencies. All
examinations and inspections conducted under this section shall be strictly confined to those
matters connected with the performance of this Agreement.
9. MONITORING:
SUB -GRANTEE agrees that COUNTY has the right to monitor all activities related to this
Agreement, including the right to review and monitor SUB-GRANTEE's records, programs or
procedures, at any time, as well as access any work sites, or other areas associated with the Project,
in order to ensure compliance with the terms and conditions of this Agreement. However,
COUNTY is not responsible, and will not be held accountable, for overseeing or evaluating the
adequacy of the results of work performed by SUB -GRANTEE.
10. CONFIDENTIAL INFORMATION:
In the performance of this Agreement, SUB -GRANTEE may receive confidential information.
SUB -GRANTEE hereby agrees to protect all such confidential information in conformance with any
and all applicable local, state and federal laws and regulations.
11. NUCLEAR FREE HUMBOLDT COUNTY ORDINANCE COMPLIANCE:
SUB -GRANTEE certifies by its signature below that is not a Nuclear Weapons Contractor, in that
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 4 of 14
SUB -GRANTEE is not knowingly or intentionally engaged in the research, development,
production or testing of nuclear warheads, nuclear weapons systems, or nuclear weapons
components as defined by the Nuclear Free Humboldt County Ordinance. SUB -GRANTEE agrees
to notify COUNTY immediately if it becomes a Nuclear Weapons Contractor as defined above.
COUNTY may immediately terminate this Agreement if it determines that the foregoing
certification is false, or if SUB -GRANTEE subsequently becomes a Nuclear Weapons Contractor.
12. NON-DISCRIMINATION COMPLIANCE:
A. Professional Services and Employment. In connection with the execution of this Agreement,
SUB -GRANTEE shall not unlawfully discriminate in the provision of professional services or
against any employee or applicant for employment because of race, religion or religious creed,
color, age (over forty (40) years of age), sex (including gender identity and expression,
pregnancy, childbirth and related medical conditions), sexual orientation (including
heterosexuality, homosexuality and bisexuality), national origin, ancestry, marital status,
medical condition (including cancer and genetic characteristics), mental or physical disability
(including HIV status and AIDS), political affiliation, military service or any other
classifications protected by local, state and federal laws and regulations. Nothing herein shall
be construed to require employment of unqualified persons.
B. Compliance with Anti -Discrimination Laws. SUB -GRANTEE further assures that it will
abide by the provisions of Title VI and Title VII of the Civil Rights Act of 1964, Section 504
of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1975, California
Welfare and Institutions Code Section 10000, CDSS MPP Division 21, United States
Executive Order 11246, as amended, and any other applicable local, state and federal laws and
regulations. Practices in hiring, compensation, benefits and firing are among the employment
practices subject to this requirement.
13. INDEMNIFICATION:
A. Indemnification of COUNTY. SUB -GRANTEE shall hold harmless, defend and indemnify
COUNTY and its agents, officers, official, employees and volunteers from and against any and
all liabilities, including, without limitation, liability under the Proposition 84 Implementation
Agreement, claims, demands, losses, damages, expenses and costs of any kind or nature,
including, but not limited to, attorney fees and other costs of litigation, arising out of, or in
connection with, SUB-GRANTEE's performance of, or failure to comply with, any of the
obligations contained herein, except such loss or damage which was caused by the
COUNTY's failure to comply with provisions of the Proposition 84 Implementation
Agreement which remain the COUNTY's obligation to perform under this Agreement,
including its obligation to submit timely requests for payment of SUB -GRANTEE invoices, or
the sole negligence or willful misconduct of COUNTY.
B. Indemnification of SUB -GRANTEE. The COUNTY shall hold harmless, defend and
indemnify SUB -GRANTEE and its agents, officers, official, employees and volunteers from
and against any and all liabilities, including, without limitation, liability under the Proposition
84 Implementation Agreement, claims, demands, losses, damages, expenses and costs of any
kind or nature, including, but not limited to, attorney fees and other costs of litigation, arising
out of COUNTY's failure to comply with provisions of the Proposition 84 Implementation
Agreement which remain the COUNTY's obligation to perform under this Agreement,
including its obligation to submit timely requests for payment of SUB -GRANTEE invoices.
C. Comparative Liability. Notwithstanding paragraph A above, in the event that both parties are
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 5 of 14
held to be negligently or willfully responsible, each party will bear their proportionate share of
liability as determined in any such proceeding. In such cases, each party will bear their own
costs and attorney's fees.
D. Effect of Insurance. Acceptance of insurance required by this Agreement does not relieve
either party from liability under this provision. This provision shall apply to all claims for
damages related to the services performed pursuant to the terms and conditions of this
Agreement regardless if any insurance is applicable or not. The insurance policy limits
applicable hereto shall not act as a limitation upon the amount of indemnification or defense to
be provided by either party hereunder.
14. INSURANCE:
Without limiting SUB-GRANTEE's indemnification obligations provided for herein, SUB-
GRANTEE will maintain in full force and effect, at its own expense, any and all appropriate
comprehensive general liability insurance, comprehensive automobile insurance and workers'
compensation policies.
15. RELATIONSHIP OF PARTIES:
It is understood that this Agreement is not intended to, and shall not be construed to, create the
relationship of agent, servant, employee, partnership, joint venture or any other similar association.
16. WARRANTIES AND REPRESENTATIONS:
SUB -GRANTEE hereby makes all of the warranties, representations, covenants and certifications
that are otherwise made by COUNTY, with respect to the Project, as set forth in the applicable
provisions of the Proposition 84 Implementation Agreement.
17. COMPLIANCE WITH LAWS:
SUB -GRANTEE agrees to comply with all applicable local, state and federal laws and regulations,
in performance of its obligations hereunder. SUB -GRANTEE further agrees to comply with any
and all applicable provisions of the Proposition 84 Implementation Agreement. In the event that any
applicable law, regulation or contractual provision is amended during the term of this Agreement,
the parties agree to comply with the amended law, regulation or contractual provision as of the
effective date of such amendment.
18. PROVISIONS REQUIRED BY LAW:
This Agreement is subject to any additional local, state and federal restrictions, limitations, or
conditions that may affect the provisions, terms, conditions or funding of this Agreement. This
Agreement shall be read and enforced as though all legally required provisions are included herein,
and if for any reason any such provision is not included, or is not correctly stated, the parties agree
to amend this Agreement to make such insertion or correction.
19. SEVERABILITY:
If any provision of this Agreement, or any portion thereof, is found by any court of competent
jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall
not in any way impair the enforceability of any other provision of this Agreement.
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 6 of 14
20. ASSIGNMENT:
SUB -GRANTEE shall not delegate its duties or assign its rights, obligations, or interests hereunder,
either in whole or in part, without COUNTY's prior written consent. Any assignment in violation of
this provision shall be void, and shall be cause for immediate termination of this Agreement. This
provision shall not be applicable to service agreements or other arrangements usually or customarily
entered into by SUB -GRANTEE to obtain supplies, technical support or professional services.
21. AGREEMENT SHALL BIND SUCCESSORS:
Subject to any provisions concerning assignment, all terms and conditions of this Agreement shall
be fully binding upon, inure to the benefit of, and be enforceable by, the parties hereto and to each
of their heirs, executors, administrators, legal representatives, successors and permitted assigns.
22. WAIVER OF DEFAULT:
The waiver by either party of any breach or violation of any provision of this Agreement shall not be
deemed a waiver of any such breach in the future, or of the breach of any other requirement of this
Agreement.
23. NON -LIABILITY OF COUNTY OFFICIALS AND EMPLOYEES:
No official or employee of COUNTY or SUB -GRANTEE shall be personally liable for any default
or liability under this Agreement.
24. AMENDMENT:
This Agreement may be amended at any time during the term of this Agreement upon the mutual
consent of both parties. No addition to, or alteration of, the terms of this Agreement shall be valid
unless made in writing and signed by the parties hereto.
25. DISPUTE RESOLUTION:
If a dispute arises involving the interpretation, implementation or enforcement of this Agreement,
the parties shall meet, in person and in good faith, to make every reasonable attempt to resolve the
problem within thirty (30) days of discovering a material dispute. The parties agree that informal
dispute resolution, including mediation, and an in-person meeting, should be attempted within said
thirty (30) day period prior to seeking recourse from the courts.
26. JURISDICTION AND VENUE:
This Agreement shall be construed in accordance with the laws of the State of California. Any
dispute arising hereunder, or relating hereto, shall be litigated in the State of California and venue
shall lie in the County of Humboldt unless transferred by court order pursuant to California Code of
Civil Procedure Sections 394 or 395.
27. ADVERTISING AND MEDIA RELEASE:
All informational material related to this Agreement shall receive approval from COUNTY prior to
being used as advertising or released to the media, including, but not limited to, television, radio,
newspapers and internet. SUB -GRANTEE shall inform COUNTY of all requests for interviews by
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 7 of 14
media related to this Agreement before such interviews take place; and COUNTY is entitled to have
a representative present at such interviews. All notices required by this provision shall be given to
the Humboldt County Public Works Director.
28. SUBCONTRACTS:
SUB -GRANTEE shall obtain prior written approval from COUNTY before subcontracting any of
its obligations hereunder. Any and all subcontracts will be subject to all applicable provisions of
this Agreement. SUB -GRANTEE shall remain legally responsible for the performance of all terms
and conditions of this Agreement, including work performed by third parties under subcontracts,
whether approved by COUNTY or not.
29. ATTORNEYS' FEES:
If either party shall commence any legal action or proceeding, including an action for declaratory
relief, against the other by reason of the alleged failure of the other to perform or keep any provision
of this Agreement from being performed, the prevailing party in said action or proceeding shall be
entitled to recover court costs and reasonable attorneys' fees, including reasonable value of services
rendered by the Humboldt County Counsel's Office, to be fixed by the court, and such recovery
shall include court costs and attorney's fees on appeal, if applicable. As used herein, "prevailing
party" means the party who dismisses an action or proceeding in exchange for payment of
substantially all sums allegedly due, performance of provisions allegedly breached or other
considerations substantially equal to the relief sought by said party, as well as the party in whose
favor final judgment is rendered.
30. SURVIVAL:
The duties and obligations of the parties set forth in Sections 6(D), 8, 10 and 13 shall survive the
expiration or termination of this Agreement.
31. CONFLICTING TERMS OR CONDITIONS:
In the event of any conflict in the terms or conditions set forth in any other agreements in place
between the parties hereto and the terms and conditions set forth in paragraphs 1 through 36 of this
Agreement, paragraphs 1 through 36 of this Agreement shall have priority.
32. INTERPRETATION:
This Agreement, as well as its individual provisions, shall be deemed to have been prepared equally
by both of the parties hereto, and shall not be construed or interpreted more favorably for one party
on the basis that the other party prepared it.
33. INDEPENDENT CONSTRUCTION:
The titles of the sections, subsections and paragraphs set forth in this Agreement are inserted for
convenience of reference only, and shall be disregarded in construing or interpreting any of the
provisions of this Agreement.
34. FORCE MAJEURE:
Neither party hereto shall be liable or responsible for delays or failures in performance resulting
from events beyond the reasonable control of such party and without fault or negligence of such
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 8 of 14
party. Such events shall include, but not be limited to, acts of God, strikes, lockouts, riots, acts of
war, epidemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually
severe weather, acts of terrorism or other disasters, whether or not similar to the foregoing.
35. ENTIRE AGREEMENT:
This Agreement contains all of the terms and conditions agreed upon by the parties hereto, and no
other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind either of the parties hereto. In addition, this Agreement shall supersede in its
entirety any and all prior agreements of the parties regarding the subject matter of this Agreement.
36. AUTHORITY TO EXECUTE:
Each person executing this Agreement represents and warrants that he or she is duly authorized and
has legal authority to execute and deliver this Agreement. Each party represents and warrants to the
other that the execution and delivery of this Agreement and the performance of such party's
obligations hereunder have been duly authorized.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written
above.
City of Ukiah:
By:
Name: SAGE SAWU'lltC iMC
Title: C i TY k A-iV A f>-Et2
COUNTY OF HUMBOLDT:
By: '
Thomas K. Mattson
Director, Department of Public Works
Pursuant to the authority delegated by the
Board of Supervisors on May 27, 2014
Date: 1—I-7—/
Date: 1 ��
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 9 of 14
Exhibit A: DWR Grant Agreement 4600010890
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 10 of 14
Exhibit B Work Plan, Budget, and Schedule
UKIAH VALLEY -REDWOOD VALLEY WATER SUPPLY RELIABILITY INTERTIE AND WELL DEVELOPMENT PROJECT
IMPLEMENTING AGENCY: CITY OF UKIAH
PROJECT DESCRIPTION: Upgrade three and build two new interties to connect six DAC public water systems and
construct three new wells to strengthen supply reliability. Once completed, this project will conserve
approximately 834 acre-feet of water per year.
Task 3.1 Direct Project Administration: Budget Category (a)
Task 3.1.A Project Management
Manage grant agreement including compliance with grant requirements, and preparation and submission of
supporting grant documents and coordination with IRWM regional manager, Humboldt County. Prepare invoices
including relevant supporting documentation for submittal to DWR via Humboldt County. This task also includes
administrative responsibilities associated with the project, such as creating and entering into a sub -grantee
agreement with Humboldt County, coordinating with partnering agencies, and managing consultants/contractors.
Deliverables:
❑ Financial Statements
❑ Invoices
❑ Other Applicable Project Deliverables
Task 3.1.B Project Monitoring Plan
Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table, 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 3.1.0 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 3.1.D Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit G of this
agreement. Submit reports to Humboldt County for review and inclusion in a progress report to be submitted to
DWR.
Prepare draft Final Project Completion Report and submit to DWR via Humboldt County for DWR Project
Manager's comment and review no later than 90 days after project completion. Prepare Final Report addressing
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley &, Redwood Valley Water SupPly Project (08.03.15) Pine I I of 14
Humboldt County/DWRs comments. The report shall be prepared and presented in accordance with the provision
of Exhibit G.
Deliverables:
❑ Project Progress Reports
❑ Draft and Final Project Completion Report
Task 3.2 Land Purchase/Easement: Budget Category (b)
Acquire an access and maintenance easement for approximately one acre and file with county office of records.
Deliverables:
❑ All relevant documentation regarding acquisition of easement
❑ Record of Survey
❑ Legal Description of Property and property assessment
Task 3.3 Planning/Design/Engineering and Environmental Documentation: Budget Category (c)
Task 3.3.A CEQA Documentation
This task includes all necessary work to comply with CEQA requirements such as prepare DWR Environmental
Information Form, prepare and circulate a Notice of Preparation (including tribal notification to the California
Native American Heritage Commission), solicit public input per PRC §75102, conduct preliminary project review,
prepare Initial Study and Notice of Exemption, and file Notice of Determination. Prepare letter stating no legal
challenges (or addressing legal challenges).
Deliverables:
❑ Environmental Information Form
❑ Initial Study
❑ Notice of Exemption
❑ Legal Challenges letter
Task 3.3.13 Permitting
Acquire all necessary federal, state, and local permits. Permits may include: California Department of Public
Health Domestic Water Supply Permit Amendment, City of Ukiah standard encroachment permit, Department of
Transportation standard encroachment permit, and Mendocino County drilling, building, and grading permits.
Work includes coordinating and complying with requirements for issuance of a permit.
Deliverables:
❑ Copy of all required permits
Task 3.3.0 Design
Complete land/topographic survey and geotechnical investigation work needed for project design. Complete
necessary intertie and well designs in order to produce 100% (final) design, plans, and specifications.
Deliverables:
❑ Final Land/Topographic Survey
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 12 ol' 14
❑ Final Geotechnical Investigation
❑ 100% Design Documents
Task 3.4 Construction/Implementation: Budget Category (d)
Task 3.4.A Contract Services
Activities necessary to secure a contractor and award the contract include: develop advertisement for bids and
contract documents, conduct pre-bid contractors meeting, perform evaluation of bids, and award contract.
Deliverables:
❑ Summary of Bids
❑ Award of Contract
Task 3.4.13 Construction Administration
Complete tasks necessary to administer construction contract. This task includes managing contractor's daily
operations, submittal review and approval, issuing work order directives, prevailing wage reporting, Department
of Industrial Relation reporting, reviewing and approving pay requests.
Deliverables:
❑ Construction Management Logs
❑ Notice of Completion
Task 3.4.0 Construction/Implementation Activities
(1) Mobilization and Site Preparation: Initiate project site prep, order project equipment and supplies,
assure project permits are in place, conduct pre -project site photo -monitoring.
(2) Construct Intertie and Well Project Components: Construct project components including collection
system and connections to properties. Intertie upgrades will include installing larger pumps and piping to
handle the flow on the existing interties as well as making two temporary interties permanent by adding
pumps. Construction of the three new wells will be done under a construction contract. Conduct project
construction photo -monitoring.
(3) Construction Project Close Out, Inspection & Demobilization: Inspect project components and
establish that work is complete. Verify that all project components have been installed and are
functioning as designed. Conduct project completion photo documentation. Prepare as-builts.
Deliverables:
❑ Photo Documentation
❑ As-builts
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley R Redwood Valley Water Supply Project (08.03.15) Page 13 of 14
Project 3: Ukiah Valley -Redwood Valley Water Supply Reliability Intertie and Well
Development Project
Project Sponsor: City of Ukiah
Project 3: Ukiah Valley -Redwood Valley Water Supply Reliability Intertie and Well Development
Project
Grant Funding
Total Cost
Start Date
Amount Match
3.1
(a)
Direct Project Administration
$10,000
$30,000
$40,000
(b)
Land Purchase/Easement
$20,000
$0
$20,000
(c)
Planning/Design/Engineering/
$127,000
$350,000
$477,000
3.1.1)
Environmental Documentation
October'14
October'16
3.2
(d)
Construction/Implementation
$1,397,450
$292,000
$1,689,450
March '14
March '14
Total
1 $1,554,450
$672,000
$2,226,450
Project 3: Ukiah Valley -Redwood Valley Water Supply Reliability Intertie and Well Development
Project
Task
Start Date
End Date
3.1
Project Administration
September'14
October'16
3.1.A
Project Management
November'14
October'16
3.1.13
Project Monitoring Plan
September'14
October'16
3.1.0
Labor Compliance Program
October'14
July '16
3.1.1)
Reporting
October'14
October'16
3.2
Land Purchase/Easement
March '14
October'15
3.2.A
3.3
Easement
Planning/Design/Engineering and Environmental
Documentation
March '14
March '14
October'15
March '16
3.3.A
CEQA Documentation
June'15
October'15
3.3.B
Permitting
August '15
March '16
3.3.0
Design
March '14
November'15
3.4
Construction/Implementation
November'15
October'16
3.4.A
Contract Services
November'15
December'15
3.4.B
Construction Administration
December'15
October'16
3.4.0
Construction/Implementation Activities
January '16
August '16
FY -15 PROPOSITION 84 SUB -GRANTEE AGREEMENT Ukiah Valley & Redwood Valley Water Supply Project (08.03.15) Page 14 of 14