Agenda packet, first session — Modesto City Council, April 11, 2023 (part 5 of 8)

Every year, the Stanislaus Council of Governments (StanCOG) distributes within their jurisdiction approximately $24.5 million in LTF and State Transit Assistance funds as required by the Transportation Development Act (TDA). TDA funds are primarily intended for transit needs; however, the TDA mandates that 2% of the LTF funds be apportioned for non-motorized (bicycle and pedestrian) purposes.

On February 15, 2023, StanCOG apportioned $297,316 for non-motorized purposes for FY 2022-2023 to be allocated between several jurisdictions in the county. The City of Modesto was allocated $234,769 for the bicycle and pedestrian projects. In addition, the City will receive $62,547 in supplemental funding from FY 2021-2022. (StanCOG Resolution 21-40 is attached).

This funding will be used for the Virginia Corridor Phase VII project to continue development of the trail from Woodrow Avenue to the Hetch-Hetchy Trail (CIP 100813) FISCAL IMPACT:

This claim for Local Transportation Funds for non-motorized purposes is the formal request by the City to StanCOG to release its apportionment of LTF funds for non-motorized projects and non-motorized interest during the current fiscal year. In addition, the City is also claiming a total of $62,547 in supplemental LTF funds for FY2021-22, allocated to the City of Modesto under StanCOG’s resolution 22-35 (attached).

Apportionments for non-motorized 2% LTF
FY 2022-2023 Award $ 234,769
FY 2021-2022 Supplemental Award $ 62,547
Total $ 297,316
The revenue shall be allocated to the following CIP projects:
100813 – Virginia Corridor Phase VII $ 297,316
Total $ 297,316
Additionally, $369,066 of accumulated interest and prior year claim funds are being recognized and allocated to the Virginia Corridor Phase VII project. The total increase is $666,382.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on March 20, 2023, and was forwarded to Council for approval.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Resolution approving the submission of the City’s Local Transportation Funds Fiscal Year 2022- 2023 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $297,316 to the Stanislaus Council of Governments (StanCOG) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget to fund Project 100813 (Virginia Corridor Phase VII) in an amount not to exceed $666,382 in transfers, revenue, and to budget expenditures to fund the project and authorizing the City Manager or his designee, to implement the provisions of this Resolution. #23..
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City Council, April, 11, 2023
Local Transportation Funds FY 2022/23 for other purposes

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Approved by:

Laurie A. Smith, Director
Parks, Recreation & Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution – 22/23 LTF Claim

2. Resolution – Budget Adjustment

3. FY22/23 LTF claim

4. StanCOG Resolution 21-40

5. StanCOG Resolution 22-35
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04/11/2023/PRN/NHoux/Item XX 1 2023-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING THE SUBMISSION OF THE CITY’S
LOCAL TRANSPORTATION FUNDS FISCAL YEAR 2022-2023 CLAIM

FOR NON-MOTORIZED AND OTHER PURPOSES (BIKE LANES AND
PEDESTRIAN PATHWAYS) IN THE AMOUNT OF $297,316 TO THE

STANISLAUS COUNCIL OF GOVERNMENTS (STANCOG) AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE

THE NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF

THIS RESOLUTION
WHEREAS, the Stanislaus Council of Governments (StanCOG) has informed the City that Local Transportation Funds (LTF) funds have been apportioned by StanCOG for allocation to the City; and
WHEREAS, this Claim for Non-motorized Purposes is the formal request by the City to StanCOG to release its apportionment of LTF funds for non-motorized and other purposes during the current fiscal year; and
WHEREAS, two percent (2%) of all LTF funds available to StanCOG are designated to be used for bicycle and pedestrian projects; and
WHEREAS, when preparing the Fiscal Year 2022-2023 claim, it was noted that $369,066 in funding, accumulated in prior Fiscal Years, had not been budgeted to projects and the proposed budget adjustment will align the project budgets with the funding held in deferred revenue; and
WHEREAS, the City has prepared its LTF Claim for Fiscal Year 2022-23 pursuant to Articles 4 and 8 of Chapter 4 of Part 11, Division 10 of the California Public Utilities Code; and WHEREAS, Council action authorizing submission of the claim is required by the rules and regulations governing the Transportation Development Act Funds, including StanCOG’s approved Transit Cost Sharing Procedures, before any LTF funding can be released to the City.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the submission of the City’s Local Transportation Funds Fiscal Year 2022-23 #23..
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04/11/2023/PRN/NHoux/Item XX 2 2023-XXX
Claim for Non-motorized Purposes (bike lanes and pedestrian pathways) in the amount of $297,316 to the Stanislaus Council of Governments (StanCOG).

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the day of 2023, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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04/11/2023/PRN/NHoux/Item XX 1 2023-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 CAPITAL
IMPROVEMENT PROGRAM BUDGET TO FUND PROJECT #100813
(VIRGINIA CORRIDOR PHASE VII) IN AN AMOUNT NOT TO EXCEED $666,382 IN TRANSFERS, REVENUE, AND TO BUDGET

EXPENDITURES TO FUND THE PROJECT, AND AUTHORIZING THE

CITY MANAGER OR HIS DESIGNEE, TO IMPLEMENT THE

PROVISIONS OF THIS RESOLUTION
WHEREAS, the Stanislaus Council of Governments (StanCOG) has informed the City that Local Transportation Funds (LTF) funds have been apportioned by StanCOG for allocation to the City, and
WHEREAS, LTF funds provide the required local match for Federal funds received for the purpose of non-motorized and other projects (bicycle and pedestrian pathways and local streets and roads interest), and
WHEREAS, two percent (2%) of all LTF funds available to StanCOG are designated to be used for bicycle and pedestrian projects, and
WHEREAS, on February 15, 2023, StanCOG apportioned $297,316 for non-motorized purposes for Fiscal Year 2022-2023, and
WHEREAS, when preparing the Fiscal Year 2022-2023 claim, it was noted that $369,066 in funding, accumulated in prior Fiscal Years, had not been budgeted to projects. The proposed budget adjustment will align the project budgets with the funding held in deferred revenue, and
WHEREAS, the City has prepared its LTF Claim for Fiscal Year 2022-23 pursuant to Articles 4 and 8 of Chapter 4 of Part 11, Division 10 of the California Public Utilities Code, and WHEREAS, Council action authorizing submission of the claim is required by the rules and regulations governing the Transportation Development Act Funds, including StanCOG’s approved Transit Cost Sharing Procedures, before any LTF funding can be released to the City, #23..
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04/11/2023/PRN/NHoux/Item XX 2 2023-XXX
and
WHEREAS, $666,382 is available to be budgeted into the Fiscal Year 2022-2023 Capital Improvement Program Budget, and
WHEREAS, staff identified one project to receive funding this fiscal year: #100813 – Virginia Corridor Phase VII, and
WHEREAS, the Fiscal Year 2022-2023 Capital Improvement Budget must be amended to increase Project 100813 – Virginia Corridor Phase VII in a total amount of $666,382 to establish transfers, recognize revenue, and increase expenditures.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendments of the Fiscal Year 2022-2023 Capital Improvement Program Budget to fund project 100813 (Virginia Corridor Phase VII) in an amount not to exceed $666,382 in transfers, revenue and to budget expenditures to fund the projects.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
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04/11/2023/PRN/NHoux/Item XX 3 2023-XXX
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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TO: Stanislaus Council of Governments
1111 I Street, Suite 308
Modesto, CA 95354
FROM: Applicant: City of Modesto
Address:

City Zip:

Contact Person: Phone:

E-mail Address: Fax:

The City of Modesto hereby requests, in accordance with the Transportation Development Act and applicable rules and regulations, that its claim for other purposes be approved in the amount of for fiscal year 2022/23, to be drawn from the Local Transportation Fund.

When approved, please transmit this claim to the County Auditor for payment. Approval of the claim and payment by the County Auditor to this applicant is subject to such monies being on hand and available for distribution, and to the provisions that such monies will be used only in accordance with the terms contained in the approving resolution to the Stanislaus Council of Governments.

The claimant certifies that this Local Transportation Fund claim and the financial information contained therein is reasonable and accurate to the best of my knowledge and conforms with the requirements of the Transportation Development Act and applicable rules and regulations.

Submitted by:

Title:

Date:

StanCOG Board of Directors:

Date of approval:

Resolution #:

StanCOG Approving Authority

LOCAL TRANSPORTATION FUND
CLAIM FOR FISCAL YEAR 2022/23 OTHER PURPOSES

TRANSPORTATION DEVELOPMENT ACT
$ 297,316.00

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CLAIMANT: City of Modesto

1. Planning, Local
--PUC 99262/99402 $ -

2. Planning, Local Transit
_______________________ * $ -

3. Streets and Roads
--PUC 99400 (a)

4. Nonmotorized - 2% LTF funds
--PUC 99233.2/99234 $ 297,316.00

5. Nonmotorized - Other LTF funds
--PUC 99233.2/99234 $ -

6. TOTAL CLAIM $ 297,316.00
City of Modesto
Total LTF available to be claimed for other purposes:

FY 2021/22 Nonmotorized Supplemental $ 62,547
FY 2022/23 Nonmotorized Apportionment $ 234,769
Total 2% Nonmotorized $ 297,316.00
Total available to be claimed at this time $ 297,316.00 * If you have proposed transit expenditures, please fill in the appropriate PUC Code.

This table is to be filled out by StanCOG staff

LOCAL TRANSPORTATION FUND

CLAIM FOR OTHER PURPOSES
TABLE 1
FY 2022/23

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CLAIMANT: City of Modesto

ACTUAL /
B P P PROJECT PROJECT 2020/21 2021/22 2022/23 ESTIMATED

I E L IN IN ACTUAL ESTIMATED CLAIM EXPENDITURES
K D A StanCOG's CITY/CO EXPENDITURES EXPENDITURES FOR 3 YEAR

E N BIKE BIKE PERIOD
ID PROJECT TITLE PLAN * PLAN *
100692 Bike Lane Striping x YES $317.10 $1,058.23 $60,456.85 $61,832.18 100813 Virginia Corridor Phase VII x x YES $285,568.84 $708.38 $1,541,891.62 $1,828,168.84 101232 TRRP Riverwalk Prjct: Gateway to Legion x x YES YES $0.00 $0.00 $189,759.00 $189,759.00 $0.00 $0.00 $0.00 $0.00
$285,885.94 $1,766.61 $1,792,107.47 $2,079,760.02
2018/19 2019/20 2020/21 2021/22 2022/23 5 Year
Actual Actual Actual Estimate Claim Total
Bicycle facilities $155,089.23 $65,150.60 $143,101.52 $1,412.42 $926,282.16 $1,291,035.93 Pedestrian facilities $154,154.89 $65,150.60 $142,784.42 $354.19 $865,825.31 $1,228,269.41 Preparation of Bicycle Plan $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $309,244.12 $130,301.20 $285,885.94 $1,766.61 $1,792,107.47 $2,519,305.34 YES
StanCOG 50% bicycle expenditure requirement: The 5 year bicycle expenditures must be 50% or greater. 2019/20 2020/21 2021/22 2022/23
Fiscal year beginning fund balance $1,227,691.45 $1,326,784.30 $1,230,461.24 $1,494,791.47 Plus fiscal year 2% nonmotorized claim $184,975.00 $189,759.00 $265,431.27 $0.00 Plus interest $44,419.05 ($513.22) $665.57 $0.00
Minus nonmotorized expenditures ($130,301.20) ($285,568.84) ($1,766.61) $0.00 $1,326,784.30 $1,230,461.24 $1,494,791.47 $1,494,791.47

1. Prior year(s) LTF carryover held by jurisdiction applied towards FY 2022/23 Nonmotorized claim (TABLE 4)

3. FY 2022/23 Nonmotorized 2% funds applied towards FY 2022/23 projects (must match Page 2, Line 4)

4. FY 2022/23 Other LTF funds applied towards Nonmotorized claim (must match Page 2, Line 5)

5. FY 2022/23 Nonmotorized 2% funds to be held at StanCOG

6. Total of lines #1 through #5 above
$0
* SEE PAGE 3b FOR NONMOTORIZED REGULATIONS/POLICIES AND NOTES $0
$297,316
$1,792,107
$0

2. Interest earned on previously paid LTF funds held by jurisdiction (required by State law) (TABLE 4) $1,494,791

NONMOTORIZED PROJECTS
(Use additional forms if necessary)
BRIEFLY DESCRIBE PROJECTS AND EXPENDITURES INCLUDED IN THE 3 YEAR PERIOD BELOW FY 2022/23

RECORD LTF FUNDS ONLY
TABLE 3

TOTAL AMOUNT OF BIKE/PED EXPENDITURES
% of Total
TABLE 4
TABLE 2

FOR BIKE PROJECTS ONLY

BREAKDOWN BY PROJECT

BREAKDOWN BY CATEGORY

TOTAL FUNDS APPROPRIATED TO PROJECTS
Fiscal year ending fund balance
MODE
Expenditures

51.25%

48.75%

0.00%
DOES THIS CLAIM MEET THE MINIMUM 50% BICYCLE EXPENDITURE STANCOG PERFORMANCE STANDARD?

RECORD LTF FUNDS ONLY

FUNDS HELD IN RESERVE AT JURISDICTION

Page 3 ends

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CLAIMANT: City of Modesto
NONMOTORIZED REGULATION/POLICY REMINDERS:

D. All funds must be spent within five years of receipt. Over the five-year period shown in Table 3, at least 50% of funds must be spent for bicycle purposes. StanCOG will not allocate funds to any jurisdiction which is in violation of these policies.

NOTES:
* By StanCOG policy, all bike projects must appear in either StanCOG's Bicycle Action Plan, or in a City or County bicycle plan, to be eligible for LTF funding. ** Beginning with FY 2003/04, nonmotorized funds will only be allocated by StanCOG for specific projects.

If no project is identified, funds will be held in reserve at StanCOG for eventual use by that jurisdiction. salary of any one person (PUC 99233.3).

A. State law allows a jurisdiction to use LTF to update a Bicycle Action Plan once every five years (PUC 99234(h)).

B. State law allows a jurisdiction to use up to 20% of the amount available each year to restripe Class II bicycle other sources to fund bicycle safety education programs, but the funds shall not be used to fully fund the

NONMOTORIZED PROJECTS
FY 2022/23
(Continued)
C. State law allows a jurisdiction to use up to 5% of the amount available each year to supplement moneys from lanes (PUC 99234(h)).

Page 3 ends

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CLAIMANT: City of Modesto

ANNUAL PROJECT AND FINANCIAL PLAN

PROJECTS FOR OTHER PURPOSES
FY 2022/23
(Use additional forms as necessary)
TABLE 5
Will this Project Will this Project Is this Project Total LTF add new use Federal consistent with Project Funds
travel lanes? Funds? the RTP Cost Utilized
Yes or No Yes or No Yes or No

TOTAL - -

1. LTF carryover applied towards FY 2022/23 Other Purposes

2. Interest earned on LTF carryover (required by State law)

3. FY 2022/23 apportionment applied towards FY 2022/23 Other Purposes

4. Total of Lines 1, 2 and 3 above -
Project Title & Brief Description
Briefly describe all proposed projects and indicate proposed project expenditures

Page 4 ends

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: SB1 Projects Proposed for Fiscal Year 2023-2024 CONTACT: John Sphar, Streets Manager, [email protected], 209-342-2235 DESCRIPTION:

Consider approving a list of projects to be funded with Road Repair and Accountability Act Tax Proceeds for Fiscal Year 2023-2024. (Funding Source: Senate Bill 1 Funds) STRATEGIC PLAN ELEMENT:

This recommended action supports the City’s Strategic Plan Area of Focus: “Quality of Life”:
engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal D: ensure safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts; Strategy 1: create and implement a comprehensive street and road maintenance plan.

BACKGROUND:

The Surface Transportation Fund (STF) funds the Streets and Traffic Divisions of Public Works.

These funds support the following services: Curbs, Gutters, and Sidewalks repairs; Street Maintenance; Traffic Engineering; Traffic Operations; and Traffic Electrical. The Streets Division maintains 1,400 lane miles of streets, 1,434 miles of curb and gutter, and 1,378 miles of sidewalk. The Traffic Division maintains 201 traffic signals, 13,764 streetlights, 16 flashing beacons, 26 lighted crosswalks, 32 school flashing beacons, seven warning beacons, six crosswalk beacons, six communication hubs, 17 roundabouts and 29,238 traffic signs.

On April 28, 2017, the Governor signed Senate Bill (SB) 11, which is known as the Road Repair and Accountability Act of 2017. The primary focus of these funds is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highways and local streets and road systems. The City of Modesto received $3,727,254 in FY 19-20, $4,121,766 in FY 20-21, $4,415,700 in FY 21-22, is estimated to have received, as of January 12, 2023, $4,750,267 in FY 22-23, and is projected to receive $5,414,350 in FY 23-24. 1 Senate Bill 1 – Road Repair and Accountability Act of 2017 - http://rebuildingca.ca.gov/ #24..
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City Council, April 11, 2023
SB1 Projects Proposed for Fiscal Year 2023-2024

Page 2 of 3 ends

DISCUSSION:

The objective of the local streets and roads program is to address deferred maintenance on the local streets and roads system. Prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from the Controller in a fiscal year, the City must submit to the California Transportation Commission (CTC) a list of proposed projects. Listed below are the fiscal year projects identified for RMRA funding along with neighborhoods (attachment) that will receive treatment to their streets.

Projects listed above result in the following life-cycle benefits. Slurry seal projects that include crack seal and asphalt repairs will result in a five to seven-year life extension to existing pavement. Slurry seals have the added benefits of hardening existing asphalt, being effectively used in areas with high oxidation, sealing minor surface cracks and voids, retarding surface raveling, delineating different pavement surface areas and improving surface friction characteristics with proper aggregate. Traffic signal and street light maintenance will result in a ten-year extension. Traffic sign and striping maintenance will result in a five-year life extension. #24..
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City Council, April 11, 2023
SB1 Projects Proposed for Fiscal Year 2023-2024

Page 3 of 3 ends

FISCAL IMPACT:

The City of Modesto estimates receiving apportionment of Road Repair and Accountability Act funding for FY 2023-24 in an amount approximating $5,414,350. In addition, the City has carryover SB1 funds from prior years that will be used to fund the amount over the estimated apportionment for FY 2023-24.

COMMITTEE RECOMMENDATION:

This item was heard by the Finance Committee on March 20, 2023, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a list of projects to be funded with Road Repair and Accountability Act Tax Proceeds in Fiscal Year 2023-24 in an amount up to $5,834,851.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution with Exhibits included
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING A LIST OF PROJECTS TO BE FUNDED WITH

ROAD REPAIR AND ACCOUNTABILITY ACT TAX PROCEEDS IN FISCAL YEAR 2023-24 IN AN AMOUNT UP TO $5,834,851
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and Signed into law by the Governor on April 28, 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of Modesto are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt, by resolution, a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include description and the location of each proposed project, a proposed schedule for projects completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive funding in an estimated amount of $5,414,350 in RMRA funding in Fiscal Year 2023-24 from SB1; and
WHEREAS, this is the seventh year in which the City is receiving SB1 funding which will enable the City to continue essential road maintenance, safety improvements in traffic signal and street light maintenance, and traffic sign and striping maintenance that would not have otherwise been possible without SB1; and #24..
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WHEREAS, the City has undergone a robust public process to ensure public input regarding the community’s transportation priorities are incorporated into the project list; and
WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate over one-hundred lane miles of residential streets throughout the City this year and multiple similar projects in the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in a “poor” condition, and this revenue will help the City increase the overall quality of its road system and over the next decade will bring its streets and roads into a “good” condition; and WHEREAS, the SB1 project list and overall investment in the City’s local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and WHEREAS, the projects listed are anticipated to result in the following life-cycle benefits: The slurry seal project (program) that includes crack seal and asphalt repairs will result in a five to seven-year expected life extension to existing pavement (Attachment B & C); the proposed repaving projects will add 10-20 years to the life of the selected streets (Attachment D); the proposed traffic signal (Attachment E) and street light maintenance (Attachment F) will result in a ten-year life extension due to energy #24..
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efficient Light Emitting Diode (LED) lighting; the traffic sign and striping maintenance (Attachment L) will result in a two to five-year life extension for the asphalt striping and a five year life extension for signs; radar detection cameras will result in a ten to fifteen year life extension versus the City’s current vehicle detections loops (Attachment K); and the proposed High Voltage Conversion (HVC) projects will result in an estimated 10 year life extension of the City’s outdated street lighting system in these areas (Attachments G, H, I, & J).

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto, that it hereby approve a list of projects (Attachment A) for Fiscal Year 2023-24 and funding by SB1: Road Repair and Accountability Act of 2017 in an amount up to $5,834,851.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ______________________________
DIANE NAYARES- PEREZ, CMC City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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Attachment A – FY23/24 SB1 Project List
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Attachment B – FY23/24 Slurry Seal Map
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Attachment C – FY23/24 Slurry Seal Street Names
City of Modesto, Streets Division
Slurry Seal Program
2023/24 Street Segment list
Street Name From To
1St Washington St Sierra Dr
2nd St Washington St Sierra Dr
3rd St Washington St Sierra Dr
4th St Washington St Sierra Dr
5th Est Sierra Dr
Aaron Ct Clevenger Dr End
Abilene Ct Clevenger Dr End
Ahwahnee Ct Smokehouse Ave End
Akeby Dr Hennings Dr Ashfield Wy
Albert Dr Orangeburg Ave Kathy Ave
Alder Creek Ct Alder Creek Dr End
Alder Creek Dr Rimrock Wy Lakewood Ave
Alisa Ct Hennings Dr End
Aloha Way Bowen Ave W Briggsmore Ave
Althoff Ct Celeste Dr End
Althoff Wy Celeste Ave Wolcott Wy
Alturas Ave Tuolumne Blvd South Ave
Amber St Columbine Dr Poinsettia Dr
Ambrosia Ln Rosebay Ln Cottonwood Dr
Americana Ct Masterpiece Dr End
Amhearst Ave Princeton Ave Roseburg Ave
Amigo Dr Buccaneer Ct Silverado Dr
Andover Ln Stafford Ln Sherwood Ave
Anna Lee Ct Clevenger Dr End
Annilane Rouse Ave Tonilane
Anson Wy Milford Ln Wolcott Wy
Aralia Ct Crocus Dr End
Ararat Ave George Ave Melgren Ave
Artistry Dr Snowfire Dr Spring Oak Dr
Arundel Ci Carlisle Ave End
Ashfield Wy Akeby Dr Felton Wy
Belbrook Pl Silverado Dr End
Belvedere Ct Veranda Wy End
Beyer Park Dr Mable Ave Inspiration Dr
Birch St Amber St Violet St
Bitlis Ct Melgren Ave End
Black Bird Wy Nightingale Dr Swallow Dr
Blackhawk Ct Gagos Dr End
Bloxham St Serena Ave Ellison Dr
Blue Bird Dr Vintage Dr Pelandale Ave
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Boynton Way Lancey Dr Hagstrom Ct
Bradford Ct Rose Ave End
Brewer Wy Rose Ave Preston Ln
Bridal Veil Ct Smokehouse Ave End
Brimingham Dr Meadowood Dr Foxcroft Ln
Brixton Ln Carver Rd Longbridge Dr
Brixton Pl Brixton Ln End
Buccaneer Ct Amigo Dr End
Burlton Ct Woolston Ct End
Butternut Ct Fairfax Ave End
Cache Creek Wy Rimrock Wy Riverton Wy
Call Way Lancey Dr Hagstrom Ct
Cambria Ct Brixton Ln End
Camella Wy Encina Ave Yosemite Blvd
Cameo Wy Granger Briggsmore
Canary Dr Quail Hallow Dr End
Cardinal Ct Nightingale Dr End
Carla Ln Mills Columbia Wy
Carlisle Ave Carver Rd End
Carlisle Ct Carlisle Ave End
Carma Way Felkirk Way Thornbury Way
Cecil Wy Tully Rd College Ave
Cecil Wy College Ave Mills Ave
Celeste Ct Celeste Dr End
Celeste Dr Rose Ave Oakdale Rd
Centennial Ct Masterpiece Dr End
Chartwell Pl Lancey Dr Tunstead Ln
Cheatham Ct Roselawn End
Chicago Ave Sutter Ave Paradise Rd
Circa Dr Beyer Park Dr Tapestry Dr
Classic Ct Beyer Park Dr End
Clevenger Dr Carver Rd Tully Rd
Cliff Dr. Fairway Dr. End
Collier Ave Orangeburg Roseburg Ave
Colorado Ave Tuolumne Blvd County Line
Columbia Wy Helms Ln Harvard Ave
Columbine Dr Staniford Ave W. Union Ave
Coolidge McHenry Sunrise Ave
Cornfield Ct Synder Ave End
Corrine Ln Timahoe Dr Sybil Ln
Cottonwood Ct Crocus Dr End
Cottonwood Dr Cougar Pl Crocus Dr
Cougar Ct W Union Ave End
Cougar Pl W Union Ave Cottonwood Dr
Counts Ct Flyod Ave End
Covena Ave Encina Ave Yosemite Blvd
Creamery Wy Synder Ave Smokehouse Ave
Crocus Dr W Union Ave End
#24..
- 631 -
Cromwell Ct Weston Wy End
Damask Ct Ellison Dr End
Darlene Ln Satariano Ln Kara Ln
Dartmouth Ave Wildwood Dr Elmhurst Dr
Dartmouth Ct Dartmouth Ave End
Dawn Dr Collier Ave Nelson Ave
Devin Dr Bloxham St Fairfax Ave
Dixe Ln Granger Briggsmore
Don St Sunset Ave Neece Dr
Dorrington Ct Northgate Dr End
Drake Ave McHenry End
E St 5th St 4th St
Eastridge Dr Laramie Dr Orangburg Ave
Eastwick Ct Lancey Dr End
Elise Ct Sherwood Ave End
Ellison Ct. Ellison Dr End
Ellison Dr Celeste Dr Lancey Dr
Ellison Dr Celeste Ave Flyod Ave
Elmhurst Dr Whittier Ave W Briggsmore Ave
Elmo Loop Synder Ave Synder Ave
Elsie St Hudson Ln Sutter Ave
Encina Ave Covena Ave N.Conejo Ave
Encore Ct Encore Ln End
Encore Ln Inspiration Dr Encore Ct
Enfield Wy Milford Ln Wolcott Wy
Enslen Ave Bowen Ave W Briggsmore Ave
Exter Ave College Ave Wellesly Ave
F st 5th St 4th St
F st 3rd St Sierra Dr
Fairfax Ave Rose Ave Ellison Dr
Fairway Dr. Neece Dr. Cliff Dr.

Felkirk Way Clevenger Dr Silverado Dr
Felton Wy Wareham Wy Ashfield Wy
Ferguson Ave Miller End
Fern Ct Fern St End
Fern St Columbine Dr Birch St
Fleetwood Dr Fremont Ave Kirkwood Ave
Fordham Tully Rd Amhearst Ave
Fori Ave Orangeburg Roseburg Ave
Founders Wy History Wy Legend Dr
Foxcroft Ln Brimingham Dr Kings Point Dr
Fremont Ave Leveland Ln Joaquin St
Fuchsia Ln Grace Ave W. Union Ave
Gagos Dr Vintage Dr Pelandale Ave
Gagosian Ct Gagos Dr End
Gainsboro Pl Ellison Dr End
Gardena Rd Granger Briggsmore
Gareth Ln Quail Hallow Dr Nightingale Dr
#24..
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Garnet Dr Sapphire Dr Laramie Dr
George Ave Gagos Dr Ararat Ave
Gil Ct Quail Hallow Dr End
Ginger Wy Crocus Dr Lindenwood Ct
Glacier Point Ct Smokehouse Ave End
Glendower Ct Carlisle Ave End
Gold Ct Vicksburg St End
Golden Eagle Ln Honey Creek Rd Pheasant Ln
Grace Ave Columbine Dr Fuchsia Ln
Grafton Wy Preston Ln Ellison Dr
Granger McHenry Sunrise Ave
Gwyn Ct Devin Dr End
Habor Town Ln Mount Pleasant Dr Mount Airy Ln
Haddon Ave Covena Ave N.Conejo Ave
Hagstrom Ct Boynton Way End
Hamden Ln Stafford Ln Sherwood Ave
Harcourt Ave Northgate Dr Fleetwood Dr
Hartman ct Wycliff Dr End
Harvard Ave College Ave Columbia Wy
Hawthorne College Ave Elmhurst Dr
Heirloom Ct Veranda Wy End
Helms Ln Mills Columbia Wy
Hennings Dr Setrok Dr Janeen Wy
History Wy Preservation Dr Snowfire Dr
Holcombe Wy Vicksburg St Luck Dr
Honey Bee Ct Honey Creek Rd End
Honey Creek Rd Pelendale Ave End
Honeysuckle Dr Granger Briggsmore
Hudson Ln Rouse Ave End
Hummingbird Ct Honey Creek Rd End
Hummingbird Ln Black Bird Wy Honey Creek Rd
Ichord Wy Jill Ln Laramie Dr
Ila Wy Coolidge Ave Drake Ave
Inspiration Ct Beyer Park Dr End
Inspiration Dr Mount Pleasant Dr Beyer Park Dr
J st 5th St Washington St
Jackellen Ln Jane Way Shawntele Way
Jane Way Clevenger Dr Jackellen Ln
Janeen Wy Madeline Wy Hennings Dr
Jean St Sunset Ave Neece Dr
Jill Ln Ichord Wy Lillian Dr
Joaquin St W Briggsmore Ave Enslen Ave
Jonquil Ct Crocus Dr End
Josilane Rouse Ave Tonilane
K st 5th St Washington St
Kara Ln Kathy Ave Laramie Dr
Kathy Ave Satariano Ln Lillian Dr
Kenmor Ct Northgate Dr End
#24..
- 633 -
Kings Point Ct Kings Point Dr End
Kings Point Dr Meadowood Dr Foxcroft Ln
Kingsland Ln Thistlewood Way Longbridge Dr
Kirkland Ct Longbridge Dr End
Kirkwood Ave Fleetwood Dr Northwood Dr
Krishawn Way Ramar Way End
La Villa Rose Ct Sherwood Ave Sherwood Ave
Lancey Ci Lancey Dr End
Lancey Dr Rose Ave Oakdale Rd
Landing Ct Landing Dr End
Landing Dr History Wy Landing Ct
Legend Ct Rose Parade End
Legend Dr Rose Parade Founders Wy
Lema Ave Colorado Ave Snead Dr
Leon Ave Tuolumne Blvd South Ave
Leona Ct Hennings Dr End
Lifetime Dr Rose Ave Ellison Dr
Lilian Dr Orangeburg Ave Laramie Dr
Lindenwood Ct Ginger Wy End
Liongate Ct Gagos Dr End
Lionudakis Ct Lifetime Dr End
Longbridge Dr Standiford Ave End/Canal
Lorene Ct Clevenger Dr End
Lotus Ln Aloha Way End(s)
Luck Dr Rouse Ave Holcombe Wy
Madeline Wy Merrifield Ave Janeen Wy
Mamilane Rouse Ave Tonilane
Manzanita Dr Bloxham St Lancey Dr
Marble Dr Topaz Wy Mica Wy
Marcus Dr Rose Ave Pridmore Ave
Marigold Ln Grace Ave Cottonwood Dr
Marymar Dr Kathy Ave Laramie Dr
Masterpiece Dr History Wy Mable Ave
Mayflower St Columbine Dr Birch St
Meadowood Dr Scencic Dr Kings Point Dr
Medicine Bow Dr Eastridge Dr Rimrock Wy
Melgren Ave Ararat Ave Gagos Dr
Melinda Ln Mills Columbia Wy
Melissa Ln Satariano Ln Kara Ln
Melrose Ave Granger Roseburg Ave
Merifield Ave Timahoe Dr Hennings Dr
Mesrob Ct Setrok Dr End
Mica Wy Marble Dr Medicine Bow Dr
Middlecolff Ave Lema Ave Snead Dr
Milestone Cl Veranda Wy Veranda Wy
Milford Ln Anson Wy Enfield Wy
Miller Ave Covena Ave N.Conejo Ave
Mills Ave Roseburg Ave Harvard Ave
#24..
- 634 -
Mount Airy Ln Harbor Town Dr Myrtle Beach Wy
Mount Pleasant Dr Mable Ave Inspiration Dr
Myrtle Ave Harvard Ave Coldwell Ave
Myrtle Beach Wy Mount Airy Ln Mount Pleasant Dr
Neece Dr Sunset Ave Tuolumne Blvd
Nelson Ave Orangeburg Roseburg Ave
New Castle Ct Kings Point Dr End
New Castle Wy Kings Point Dr Wycliff Dr
Nightingale Ct Nightingale Dr End
Nightingale Dr Blue Bird Dr Dale Rd
Northgate Dr Fremont Ave End
Northwood Dr Fremont Ave Kirkwood Ave
Nostalgia Ln Mable Ave Legend Dr
Notre Dame Princeton Ave Trinity Ave
Notre Dame Princeton Ave End
Notre Dame Trinity Ave Yale Ave
Oriole Dr Nightingale Dr End
Paioni Ct Honey Creek Rd End
Peacock Ln Nightingale Dr Golden Eagle Ln
Pelton Ave Colorado Ave Roselawn Ave
Penridge Ct Kingsland Ln End
Penrose Ci Brixton Ln End
Pheasant Ln Golden Eagle Ln Synder Ave
Phelps Ave College Ave Bowen Ave
Pinewood Ct Kathy Ave End
Placid Ln Rouse Ave Elsie St
Poinsettia Dr Amber St W. Union Ave
Preservation Dr Veranda Wy History Wy
Preston Ln Brewer Wy Grafton Wy
Presvervation Ct History Wy End
Pridmore Ave Flyod Ave Lifetime Dr
Princeton Ave Tully Rd College Ave
Princeton Ave College Ave Virgnia Ave
Pristine Ct Veranda Wy End
Pumphouse Ct Blue Bird Dr End
Purdue Ave Tully Rd Amhearst Ave
Quail Hallow Dr Nightingale Dr Gareth Ln
Quarry Dr Eastridge Dr Garnet Dr
Ralston Ct La Villa Rose Ct End
Ramar Way Clevenger Dr Krishawn Way
Regent Ct Joaquin St End
Ridgewood Ct Northgate Dr End
Rimrock Ct Rimrock Wy End
Rimrock Wy Orangeburg Ave Laramie Dr
Riverton Wy Alder Creek Dr Cache Creek Wy
Roble Ave Covena Ave Rosina Ave
Rosalina Ct Starlight Dr End
Rosalina Dr Splendor Wy Starlight Dr
#24..
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Rosanne Ln Timahoe Dr Sybil Ln
Rose Ave E Briggsmore Ave Celeste Dr
Rose Parade Veranda Wy Legend Dr
Rose Walk Ct Rose Walk Ln End
Rose Walk Ln Woodbury Dr Rose Walk Ct
Rosebay Ln Merigold Ln Ambrosia Ln
Rosedale Ave Tuolumne Blvd South Ave
Roselawn Ave Rouse Ave Colorado Ave
Roselawn Ave Tuolumne Blvd South Ave
Roselawn Ct Roselawn End
Roselawn Ct Roselawn Ave End
Rosewood Ct Sherwood Ave End
Rosina Ave Encina Ave Yosemite Blvd
Roxbury Ln Yukon Dr Sherwood Ave
Sage Ct Celeste Dr End
Sanctuary Ct Veranda Wy End
Sandgate Dr Gainsboro Pl Sharilyn Dr
Sandpiper Ct Hummingbird Ln End
Sansome Ct Wildwood Dr End
Sapphire Dr Eastridge Dr Garnet Dr
Sarah Jane Ct Akeby Dr End
Satariano Ln Orangeburg Ave Laramie Dr
Serena Ave Fairfax Ave Celeste Dr
Setrok Ct Setrok Dr End
Setrok Dr Blue Bird Dr End
Severin Ave Encina Ave Yosemite Blvd
Sharilyn Dr Sandgate Dr Ellison Dr
Shawntele Way Jackellen Ln Clevenger Dr
Sheridan St Paradise Rd Vicksburg St
Sherwood Ct Sherwood Ave End
Sierra Dr. Rosedale Ave 5th
Signature Ct Sunset Ave End
Silver Ct Vicksburg St End
Silverado Dr Longbridge Dr Amigo Dr
Smokehouse Ave Blue Bird Dr Honey Creek Rd
Snead Dr Lema Ave ColoradoAve
Snowfire Dr Artistry Dr Splendor Wy
Somerset Dr Whittier Ave Dartmouth Ave
South Ave Sutter Ave Roselawn Ave
Sparrow Ct Synder Ave End
Splendor Wy Snowfire Dr Rosalina Wy
Spring Oak Dr Artistry Dr Mable Ave
Stafford Ln W Rumble Rd Leveland Ln
Stanford Ave College Ave Columbia Wy
Starlight Dr Snowfire Dr Rosalina Wy
Sterling Ct Sterling Dr End
Sterling Dr Masterpiece Dr Sterling Ct
Sugar Bear Ct Honey Creek Rd End
#24..
- 636 -
Sullivan Ct Sisk Rd End
Sunset Ave Rouse Ave Neece Dr
Swallow Dr Blue Bird Dr Black Bird Wy
Sybil Ln Rosanne Ln Merrifield Ave
Synder Ave Blue Bird Dr Dale Rd
Taos Ct Luck Dr End
Tapestry Dr Mable Ave Circa Dr
Tenby Way Krishawn Way Brixton Ln
Thistlewood Way Wakebridge Dr Kingsland Ln
Thornbury Way Carma Way Silverado Dr
Timahoe Dr Akeby Dr Merrifield Ave
Titon Pl Milford Ln End
Tonilane Vicksburg St Hudson Ln
Topaz Wy Medicine Bow Dr Marble Dr
Topiary Ct Veranda Wy End
Tradewinds Ct Celeste Dr End
Trellis Ct Rose Parade End
Tribute Ct Beyer Park Dr End
Trillium Ave Zinnia Wy Crocus Dr
Trinity Ave Tully Rd Yale Ave
Trombetta Ave Orangeburg Roseburg Ave
Tunstead Ln Chartwell Pl Woolston Way
Valerie Ln Mills Columbia Wy
Veranda Ct Preservation Dr End
Veranda Wy Mable Ave Preservation Dr
Vicksburg St Rouse Ave Hudson Ln
Vintage Cove Synder Ave End
Vintage Dr Sisk Rd Blue Bird Dr
Violet St Columbine Dr Poinsettia Dr
W Union Ave Mchenry Ave R/R Crossing
Wakebridge Dr Longbridge Dr Thistlewood Way
Wareham Wy Weston Wy Felton Wy
Wellesly Ave Roseburg Ave Stanford Ave
Western Wy Sutter Ave Roselawn Ave
Weston Wy Ashfield Wy Wareham Wy
Whitfield Way Brixton Ln Carlisle Ave
Whittier Ave Phelps Ave Elmhurst Dr
Wildwood Dr Phelps Ave Dartmouth Ave
Windmill Dr Blue Bird Dr End
Windom Ct Woodglen Dr End
Windrose Ct Woodglen Dr End
Winslow Ct Brewer Wy End
Wolcott Wy Ellison Dr Enfield Wy
Woodbury Dr Brewer Wy Lifetime Dr
Woodglen Dr Windom Ct End
Woodwind Ct Woodglen Dr End
Woolston Ct Lancey Dr End
Woolston Way Tunstead Ln Lancey Dr
#24..
- 637 -
Wycliff Ct Wycliff Dr End
Wycliff Dr Scencic Dr Scencic dr
Yale Ave Tully Rd College Ave
Yale Ave College Ave Columbia Wy
Yosemite Ave Tuolumne Blvd South Ave
Yukon Dr W Rumble Rd Roxbury Ln
Zakessian Ct Setrok Dr End
Zinnia Wy Crocus Dr Trillium Ave
#24..
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Attachment D – FY23/24 SB1 Paving List
#24..
- 639 -
Attachment E – FY23/24 Traffic Signal Locations
#24..
- 640 -
Attachment F – FY23/24 Street Lights Map
#24..
- 641 -
Attachment G – FY23/24 Kearney & W. Roseburg High Voltage Conversion (HVC) #24..
- 642 -
Attachment H – FY23/24 Glenwood & Kearney (HVC)
#24..
- 643 -
Attachment I – FY23/24 Wylie (HVC)
Attachment J – FY23/24 Strathmore (HVC)
#24..
- 644 -
#24..
- 645 -
Attachment K – FY23/24 Radar Detection Locations
#24..
- 646 -
Attachment L – FY23/24 Traffic Signs and Striping Map
#24..
- 647 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 6, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Authorize Staff to apply for the CalRecycle Organics Grant Program CONTACT: Rosene Salmo, Integrated Waste Program Manager [email protected] 209-577-5453
DESCRIPTION:

Consider authorizing the submittal of application(s) to CalRecyle for the Organics Grant Program. (Funding Source: Not applicable)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life, “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”, Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues”, Strategy 6:

Motivate and encourage staff and community members to identify and mitigate blight issues; and Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities”, Strategy 3: Evaluate current waste removal and city beautification policies and procedures.

BACKGROUND:

The CalRecycle Organics Grant Program is opening a $78 million competitive grant for Composting Projects.1 The grant award per project is up to $10 million dollars for organic composting projects with applications due April 20, 2023, and awarded projects will be announced in October of 2023. The purpose of this grant program is to lower overall greenhouse gas emissions by diverting organics out of landfills and by investing in facilities that process organics into compost. The City of Modesto meets the grant application eligibility criteria for composting facilities that need to expand to process more organics as the program progresses into commercial food waste collections. This Organics Grant opportunity coincides directly with the goals of SB 1383 and methane gas reductions.
1 https://www.calrecycle.ca.gov/climate/grantsloans/organics #25..
- 648 -
City Council, April 11, 2023
Authorize Staff to Apply for the CalRecycle Organics Grant Program

Page 2 of 3 ends

DISCUSSION:

CalRecycle is offering this Organics Grant Program as part of California’s Climate Investment to reduce greenhouse gas emissions and improve public health and the environment. California’s Senate Bill (SB) 1383 mandates the diversion of organics out of landfills and into recovery and recycling programs to reduce methane gas emissions into the atmosphere. There is a need for recycling and composting programs to expand to process more organics with technologies sources that are non-polluting. The City of Modesto Compost Facility has hired HDR Engineering, Inc. to conduct a feasibility study to help navigate and strategize new material processing infrastructure and technologies to comply with the permitting regulations and emission reductions mandates of SB1383.

This proposal aligns with the stated goals of the Organics Grant, which include:
 Reducing organics disposed in landfills;
 Expanding organics material processing facilities;
 Using material processing equipment that is electric and pollution free; and  Incentive to improve disadvantaged and low-income communities for a cleaner and healthier environment.

Local match is not required for this grant.

FISCAL IMPACT:

Applying for this CalRecycle grant does not commit the City to a financial obligation or to accept the grant, if awarded. This item is administrative in nature and has no fiscal impact.

COMMITTEE RECOMMENDATION:

This item was presented to Finance Committee on March 20, 2023, and the committee recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution authorizing the submittal of application(s) to the CalRecycle Organics Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#25..
- 649 -
\ -1-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION AUTHORIZING THE SUBMITTAL OF APPLICATION(S) TO

THE CALRECYCLE ORGANICS GRANT PROGRAM, AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE, TO SIGN GRANT

APPLICATIONS AND RELATED FORMS
WHEREAS, CalRecycle is offering this Organics Grant Program as part of California’s Climate Investment to reduce greenhouse gas emissions and improve public health and the environment; and
WHEREAS, California’s Senate Bill (SB) 1383 mandates the diversion of organics out of landfills and into recovery and recycling programs to reduce methane gas emissions into the atmosphere; and
WHEREAS, the City of Modesto Solid Waste Staff and HDR Engineering Inc., will evaluate and recommend new infrastructure, technologies, and material processing methods to comply with SB1383; and
WHERAS diverting organics out of landfills and increasing organics composting results in the reduction of greenhouse gas emissions.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes staff to apply for all CalRecycle Organic Grants available.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to sign grant applications and related forms. #25..
- 650 -
\ -2-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April, 2023, by Councilmember? who moved its adoption, which motion being duly seconded by Councilmember? was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: __________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________
JOSE M. SANCHEZ, City Attorney
#25..
- 651 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 6, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Authorize Staff to apply for the Environmental Protection Agency Climate Pollution Reduction Grant Program
CONTACT: Nathan Gorth, Compost Facility Operation Supervisor [email protected] 209-577-5453
DESCRIPTION:

Consider authorizing the submittal of application(s) to the Environmental Protection Agency for the Climate Pollution Reduction Grant program. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Environmental Protection Agency (EPA) Climate Pollution Reduction Grant Program is opening a two-staged, nationwide, $250 million non-competitive planning grants and $4.6 billion competitive implementation grants.1 The grant award per phase 1 project is $1 million and phase 2 project details will be announced later this year. The purpose of this grant is to develop and implement plans for reducing greenhouse gas emissions. The City of Modesto Compost Facility is an eligible entity and, upon Council approval, staff will submit a Notice of Intent to Participate application before the final submission date of April 28, 2023. Successful applicants will be awarded for clean air and energy projects that support pollution emission reductions. 1 https://www.epa.gov/inflation-reduction-act/climate-pollution-reduction--grants #26..
- 652 -
City Council, April 4, 2023
Authorize Staff to Apply for the Environmental Protection Agency Climate Pollution Reduction Grant Program

Page 2 of 3 ends

DISCUSSION:

New state and federal grant opportunities are being introduced in conjunction with California’s Senate Bill (SB) 1383 and President Biden’s $5 billion Inflation Reduction Act which targets climate pollution and emissions, et.al. California’s SB 1383 mandates the diversion of organics out of landfills and into recovery and recycling programs to reduce methane gas emissions into the atmosphere. SB 1383 establishes emission targets statewide to reduce organic waste to landfill by seventy-five percent (75%) and recovering twenty percent (20%) of edible food waste for human consumption by 2025.

There is a need for recycling and composting programs to expand in order to process more organics with non-polluting technology sources. The City of Modesto Compost Facility has hired HDR Engineering, Inc. to conduct a feasibility study to help navigate and strategize new material processing infrastructure and technologies to comply with the permitting regulations and emission reduction mandates of SB1383.

This EPA Climate Pollution Reduction Grant Program allows for funding the improvements to process more organics and reduce greenhouse gas emissions.

This proposal aligns with the stated goals of the Climate Pollution Reduction Grant, which include:
 Expanding organics material processing;
 Using material processing equipment that is electric and pollution free, and  Using the finished product -compost- on farms, landscaping projects and back yard gardening which provides nutrients to the soil and reduces water use.

Local match is not required for this grant.

FISCAL IMPACT:

Applying for this EPA grant does not commit the City to a financial obligation or to accept the grant, if awarded. This item is administrative in nature and has no fiscal impact.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on March 20, 2023, and the committee recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution authorizing the submittal of application(s) to the Environmental Protection Agency Climate Pollution Reduction Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms. #26..
- 653 -
City Council, April 4, 2023
Authorize Staff to Apply for the Environmental Protection Agency Climate Pollution Reduction Grant Program

Page 3 of 3 ends

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#26..
- 654 -
\ -1-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION AUTHORIZING THE SUBMITTAL OF APPLICATION(S) TO

THE ENVIRONMENTAL PROTECTION AGENCY CLIMATE POLLUTION

REDUCTION GRANT PROGRAM, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO SIGN GRANT APPLICATIONS AND

RELATED FORMS
WHEREAS, the Environmental Protection Agency (EPA) is providing grant opportunities to develop and implement plans for reducing greenhouse gas emissions; and
WHEREAS, Senate Bill (SB 1383)- Climate Pollution Reduction Act, established emission reduction targets statewide to reduce organic waste to landfill by seventy-five percent (75%) and recovering twenty percent (20%) of edible food waste for human consumption by 2025; and
WHEREAS, The City of Modesto Compost Facility has hired HDR Engineering, Inc. to conduct a feasibility study to help navigate and strategize new material processing infrastructure and technologies to comply with the permitting regulations and emission reductions mandates of SB1383; and
WHEREAS, the City of Modesto benefits from EPA grant programs by receiving funding for the purchase of equipment and materials related to infrastructure, direct operating expenses, and various other expenses related to increasing organic recycling and composting those materials thus decreasing greenhouse gas emissions.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes staff to apply for all EPA Climate Pollution Reduction Grants available.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is #26..
- 655 -
\ -2-
authorized to sign grant applications and related forms.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April, 2023, by Councilmember? who moved its adoption, which motion being duly seconded by Councilmember? was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: __________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________
JOSE M. SANCHEZ, City Attorney
#26..
- 656 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Grayson Community Strengthen and Replace Water Mains Project CONTACT: Edgar Vargas, Associate Civil Engineer, [email protected], 209-577-5424 DESCRIPTION:

Consider approving the Plans and Specifications for the Grayson Community Strengthen & Replace Water Mains Project; accepting the Bid and Awarding a Construction Contract to D.A.

Wood Construction, Inc., of Oakdale, CA, for a total amount not to exceed $2,966,217. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The existing water mains serving the Grayson Community are aging, undersized steel mains that need upsizing. The Grayson Community Strengthen & Replace Water Mains Project will rehabilitate approximately 9,428 linear feet of water mains in the town of Grayson. The water mains bounded by Mary Street to the south, River Road to the west, Minnie Street to the north and Charles Street to the east are prone to leaks and low pressure. The project will replace the existing system with City Standard polyvinyl chloride (PVC) water mains, valves and hydrants to improve system reliability, flows, and pressures.

DISCUSSION:

The project was advertised for bids on January 11, 2023. Bids were publicly opened on February 14, 2023, pursuant to City Charter Section 1307 and D.A. Wood Construction, Inc., of Oakdale, CA, was the responsible bidder with the lowest responsive bid. #27..
- 657 -
City Council, April 11, 2023
Award Grayson Community Strengthen and Replace Water Mains Project

Page 2 of 3 ends

Bid Analysis:

Number of bids received 9
Number of bids within 10% of engineer’s estimate 3
Number of bids above the engineer’s estimate 2
Number of bids below the engineer’s estimate 7
Percent low bid is below the engineer’s estimate 31.19% D.A. Wood Construction, Inc., of Oakdale, CA, was 31.19% below the engineer’s estimate. The next lowest bid was 24.21% below the engineer’s estimate. Three of the nine bids were within 10% of the engineer’s estimate; Where seven were below the engineer’s estimate and two were above the engineer’s estimate. The highest bid was 10.72% above the engineer’s estimate.

Bidder competition and participation were evident as the City received nine bids.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. The award of contract for the construction of the Grayson Community Strengthen & Replace Water Mains Project to D.A.

Wood Construction, Inc., of Oakdale, CA, conforms to the Modesto Municipal Code, 8-3.203.

Therefore, Staff recommends awarding the contract to D.A. Wood Construction, Inc., of Oakdale, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, and revised on July 9, 2019 by Council Resolution No. 2019-326, established a contract change order authority of 8% for construction contracts of this dollar value. However, after reviewing the plans and specifications, and given the nature of rehabilitation projects where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 8% ($215,725) of the construction contract amount of $2,696,561. Therefore, Staff is requesting that the Director’s Authority to issue change orders be increased to 10% ($269,656) of the construction contract amount.

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, Staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.

FISCAL IMPACT:

The total estimated cost for the construction phase of this project is $3,393,735. Expenses associated with this effort are housed in the following project account:
101287 – Grayson S&R
ANTICIPATED CONSTRUCTION EXPENDITURES:

Construction Contract – D.A. Wood Construction, Inc. $2,696,561 Construction Contingency (10%) $269,656
Construction Administration – City Staff (10%) $269,656 Design Support During Construction – City Staff (4%) $107,862 City Construction Forces $50,000
TOTAL ANTICIPATED CONSTRUCTION EXPENDITURES: $3,393,735 #27..
- 658 -
City Council, April 11, 2023
Award Grayson Community Strengthen and Replace Water Mains Project

Page 3 of 3 ends

To fund this phase of the Grayson Community Strengthen & Replace Water Mains Project, a budget adjustment in the amount of $1,163,000 from Water Fund Reserves is necessary.

COMMITTEE RECOMMENDATION:

This project was presented to the Economic Development Committee on November 9, 2022, as a report on upcoming Capital Improvement construction projects where it was recommended that it be forwarded to Council for future award of construction. As stated in that Committee report, as bids are received, Staff will present projects directly to Council for award of construction.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 Class 1(b)(c); 15303 (d).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Plans and Specifications for the Grayson Community Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with D.A. Wood Construction, Inc., of Oakdale, CA, in the amount of $2,696,561, plus $269,656 in contingency (if needed), for a total amount not to exceed $2,966,217 and authorizing the City Manager, or his designee, to execute the Contract.

Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Grayson Community Strengthen & Replace Water Mains Project from 8% ($215,725) to 10% ($269,656) of the Construction Contract amount of $2,696,561 with D.A. Wood Construction, Inc., of Oakdale, CA.

Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,163,000 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Grayson Community Strengthen & Replace Water Mains Project.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (3)

2. Bid Results

3. Construction Contract with D.A. Wood Construction, Inc. & Financial Interest Disclosure Form #27..
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE

GRAYSON COMMUNITY STRENGTHEN & REPLACE WATER MAINS

PROJECT, ACCEPTING THE BID, AND APPROVING A CONSTRUCTION CONTRACT WITH D.A. WOOD CONSTRUCTION INC., OF OAKDALE, CA, IN THE AMOUNT OF $2,696,561, PLUS $269,656 IN CONTINGENCY (IF NEEDED), FOR A TOTAL AMOUNT NOT TO EXCEED $2,966,217 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE CONTRACT
WHEREAS, the Grayson Community is one of many prioritized areas in the City’s water service area that requires replacement of current, aging water infrastructure, and
WHEREAS, the Grayson Community Strengthen and Replace Water Mains Project will replace and upgrade approximately 9,428 linear feet of deficient water mains, associated valves, services, and fire hydrants to improve system reliability, flows, and pressures, and
WHEREAS, the Project was advertised for bids on January 11, 2023, and WHEREAS, February 14, 2023, bids were publicly opened, pursuant to City Charter Section 1307; Nine bids were received and D.A. Wood Construction Inc., of Oakdale, CA, was the responsible bidder with the lowest responsive bid, and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid, and
WHEREAS, the award of Contract for the construction of the Grayson Community Strengthen & Replace Water Mains Project to D.A. Wood Construction Inc., of Oakdale, CA, conforms to the Modesto Municipal Code, 8-3.203, and #27..
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2 2023-
WHEREAS, Staff recommends awarding the Contract to D.A. Wood Construction Inc., of Oakdale, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Grayson Community Strengthen & Replace Water Mains Project; accepting the bid and awarding a Construction Contract to D.A. Wood Construction Inc., of Oakdale, CA, for a total of $2,696,561 plus $269,656 in contingency (if needed) for a total amount not to exceed $2,966,217.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Contract, in a form approved by the City Attorney. #27..
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3 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#27..
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AUTHORIZING AN INCREASE IN THE DIRECTOR’S

AUTHORITY TO ISSUE CHANGE ORDERS FOR THE GRAYSON

COMMUNITY STRENGTHEN & REPLACE WATER MAINS PROJECT FROM 8% ($215,725) TO 10% ($269,656) OF THE CONSTRUCTION CONTRACT AMOUNT OF $2,696,561 WITH D.A. WOOD CONSTRUCTION INC., OF

OAKDALE, CA
WHEREAS, the City’s “Change Order Approval Policy”, enacted by Council Resolution No. 1994-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 8% for construction contracts of this dollar value, and
WHEREAS, given the nature of rehabilitation projects where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 8% ($215,725) of the contract amount of $2,696,561, and
WHEREAS, Staff is requesting an increase in the Director’s Authority to issue change orders to 10% ($269,656).

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes an increase of the Director of Utilities authority to issue change orders for the Grayson Community Strength & Replace Water Mains Project from 8% ($215,725) to 10% ($269,656) of the construction contract price of $2,696,561 with D.A.

Wood Construction Inc., of Oakdale, CA.
#27..
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2 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#27..
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $1,163,000 TO

BE TRANSFERRED INTO THE PROJECT FROM WATER FUND RESERVES

IN ORDER TO FUND THE CONSTRUCTION PHASE OF THE GRAYSON

COMMUNITY STRENGTHEN & REPLACE WATER MAINS PROJECT
WHEREAS, certain budgetary transactions are necessary in the amount of $1,163,000, in order to fund the Grayson Community Strengthen & Replace Water Mains Project, and
WHEREAS, the Fiscal Year 2022-23 Capital Improvement Program budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,163,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #27..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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Bid Tabulation Thursday, February 16, 2023
Project Title: Grayson Community Strengthen and Replace Water Mains
Project ID #: 2023-009
Vault ID #: 08-D-00134
Account #: 101287
Bid Opening: 2/14/2023 at 11:00 AM
Basis of Award: By Base Bid Designer: Robert Davalos
Design Manager: Robert Davalos
Project Description: The project will rehab approx. 9428 LF of water mains in the town of Grayson.

The water mains bounded by Mary Street, River Road, Minnie Street and Charles Street are old undersized which are prone to leaks and low pressures.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
D. A. Wood Construction Inc.
(209) 491-4970 963 Shepard Court, Oakdale, CA 95361
Base Bid
1 Mobilization/Demobilization LS 1 $59,315.00 $59,315.00 2 Water Pollution Control Plan (WPCP) LS 1 $550.00 $550.00 3 Traffic Control, Signage & Permitting LS 1 $123,278.00 $123,278.00 4 Sawcut & Pavement Removal LS 1 $57,270.00 $57,270.00
5 Shoring, Bracing and Sheeting LS 1 $28,686.00 $28,686.00 6 Curb & Gutter Replacement LF 80 $356.00 $28,480.00
7 Sidewalk Replacement SF 112 $160.00 $17,920.00
8 Valley Gutter Replacement SF 115 $238.00 $27,370.00
9 Restore Traffic Striping, Markings, Speed LS 1 $30,919.00 $30,919.00 Cushion and Signage
10 Potholing LS 1 $39,894.00 $39,894.00
11 Abandonment of Water Mains, Services & LS 1 $28,805.00 $28,805.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $1,002.00 $5,010.00 in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $3,102.00 $15,510.00 14 6-in PVC Pipe (DR18) LF 461 $86.00 $39,646.00
15 6-in Gate Valve EA 23 $2,044.00 $47,012.00
16 8-in PVC Pipe (DR18) LF 8737 $93.00 $812,541.00
17 8-in PVC Pipe (DR14) LF 230 $103.00 $23,690.00
18 8-in Gate Valve EA 54 $2,542.00 $137,268.00
19 8-in X 8-in Tee EA 8 $1,075.00 $8,600.00
20 8-in X 8-in Cross EA 2 $1,313.00 $2,626.00
21 8-in Blind Flange EA 3 $451.00 $1,353.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $8,321.00 $24,963.00 23 Fire Hydrant Assembly EA 20 $5,598.00 $111,960.00
24 1.5-in Water Service (w/Meter Box) EA 1 $3,844.00 $3,844.00 25 1-in Water Service (w/Meter Box) EA 136 $1,988.00 $270,368.00 26 Hot Mix Asphalt TON 1384 $180.00 $249,120.00
27 Class II Aggregate Base CY 3941 $55.00 $216,755.00
28 Lead Compliance Plan LS 1 $1,383.00 $1,383.00
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 #27..
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Total: $2,696,561.00
Percent From Engineer's Estimate: -31.19%
Mid Cal Pipeline & Utilities, Inc.
(209) 383-7473 P.O. Box 2406, Merced, CA 95344
Base Bid
1 Mobilization/Demobilization LS 1 $140,000.00 $140,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $25,000.00 $25,000.00 3 Traffic Control, Signage & Permitting LS 1 $50,000.00 $50,000.00 4 Sawcut & Pavement Removal LS 1 $70,000.00 $70,000.00
5 Shoring, Bracing and Sheeting LS 1 $20,000.00 $20,000.00 6 Curb & Gutter Replacement LF 80 $250.00 $20,000.00
7 Sidewalk Replacement SF 112 $17.00 $1,904.00
8 Valley Gutter Replacement SF 115 $80.00 $9,200.00
9 Restore Traffic Striping, Markings, Speed LS 1 $30,000.00 $30,000.00 Cushion and Signage
10 Potholing LS 1 $18,000.00 $18,000.00
11 Abandonment of Water Mains, Services & LS 1 $80,000.00 $80,000.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $2,000.00 $10,000.00 in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $4,000.00 $20,000.00 14 6-in PVC Pipe (DR18) LF 461 $100.00 $46,100.00
15 6-in Gate Valve EA 23 $2,000.00 $46,000.00
16 8-in PVC Pipe (DR18) LF 8737 $100.00 $873,700.00
17 8-in PVC Pipe (DR14) LF 230 $115.00 $26,450.00
18 8-in Gate Valve EA 54 $2,800.00 $151,200.00
19 8-in X 8-in Tee EA 8 $1,800.00 $14,400.00
20 8-in X 8-in Cross EA 2 $1,900.00 $3,800.00
21 8-in Blind Flange EA 3 $500.00 $1,500.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $13,000.00 $39,000.00 23 Fire Hydrant Assembly EA 20 $10,000.00 $200,000.00
24 1.5-in Water Service (w/Meter Box) EA 1 $3,000.00 $3,000.00 25 1-in Water Service (w/Meter Box) EA 136 $2,200.00 $299,200.00 26 Hot Mix Asphalt TON 1384 $200.00 $276,800.00
27 Class II Aggregate Base CY 3941 $50.00 $197,050.00
28 Lead Compliance Plan LS 1 $10,000.00 $10,000.00
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 Total: $2,964,729.00
Percent From Engineer's Estimate: -24.21%
DSS Company dba Knife River Construction
(209) 932-2100 P.O. Box 6099, Stockton, CA 95206
Base Bid
1 Mobilization/Demobilization LS 1 $156,000.00 $156,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $90,500.00 $90,500.00 3 Traffic Control, Signage & Permitting LS 1 $140,000.00 $140,000.00 4 Sawcut & Pavement Removal LS 1 $83,000.00 $83,000.00
5 Shoring, Bracing and Sheeting LS 1 $23,000.00 $23,000.00 6 Curb & Gutter Replacement LF 80 $110.00 $8,800.00
7 Sidewalk Replacement SF 112 $74.00 $8,288.00
8 Valley Gutter Replacement SF 115 $73.00 $8,395.00
9 Restore Traffic Striping, Markings, Speed LS 1 $141,000.00 $141,000.00 Cushion and Signage
#27..
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10 Potholing LS 1 $93,000.00 $93,000.00
11 Abandonment of Water Mains, Services & LS 1 $110,000.00 $110,000.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $1,400.00 $7,000.00 in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $4,200.00 $21,000.00 14 6-in PVC Pipe (DR18) LF 461 $51.00 $23,511.00
15 6-in Gate Valve EA 23 $1,900.00 $43,700.00
16 8-in PVC Pipe (DR18) LF 8737 $99.00 $864,963.00
17 8-in PVC Pipe (DR14) LF 230 $132.00 $30,360.00
18 8-in Gate Valve EA 54 $2,500.00 $135,000.00
19 8-in X 8-in Tee EA 8 $1,000.00 $8,000.00
20 8-in X 8-in Cross EA 2 $1,100.00 $2,200.00
21 8-in Blind Flange EA 3 $610.00 $1,830.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $8,000.00 $24,000.00 23 Fire Hydrant Assembly EA 20 $5,600.00 $112,000.00
24 1.5-in Water Service (w/Meter Box) EA 1 $4,800.00 $4,800.00 25 1-in Water Service (w/Meter Box) EA 136 $1,800.00 $244,800.00 26 Hot Mix Asphalt TON 1384 $255.00 $352,920.00
27 Class II Aggregate Base CY 3941 $51.00 $200,991.00
28 Lead Compliance Plan LS 1 $800.00 $800.00
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 Total: $3,222,283.00
Percent From Engineer's Estimate: -17.62%
Kroeker Inc.
(559) 237-3764 4627 South Chestnut, Fresno, CA 93725
Base Bid
1 Mobilization/Demobilization LS 1 $150,000.00 $150,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $15,000.00 $15,000.00 3 Traffic Control, Signage & Permitting LS 1 $35,000.00 $35,000.00 4 Sawcut & Pavement Removal LS 1 $80,000.00 $80,000.00
5 Shoring, Bracing and Sheeting LS 1 $16,610.00 $16,610.00 6 Curb & Gutter Replacement LF 80 $66.00 $5,280.00
7 Sidewalk Replacement SF 112 $27.00 $3,024.00
8 Valley Gutter Replacement SF 115 $46.00 $5,290.00
9 Restore Traffic Striping, Markings, Speed LS 1 $17,765.00 $17,765.00 Cushion and Signage
10 Potholing LS 1 $7,500.00 $7,500.00
11 Abandonment of Water Mains, Services & LS 1 $13,750.00 $13,750.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $1,650.00 $8,250.00 in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $3,850.00 $19,250.00 14 6-in PVC Pipe (DR18) LF 461 $72.00 $33,192.00
15 6-in Gate Valve EA 23 $3,850.00 $88,550.00
16 8-in PVC Pipe (DR18) LF 8737 $90.50 $790,698.50
17 8-in PVC Pipe (DR14) LF 230 $107.80 $24,794.00
18 8-in Gate Valve EA 54 $4,565.00 $246,510.00
19 8-in X 8-in Tee EA 8 $1,320.00 $10,560.00
20 8-in X 8-in Cross EA 2 $1,650.00 $3,300.00
21 8-in Blind Flange EA 3 $550.00 $1,650.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $12,430.00 $37,290.00 23 Fire Hydrant Assembly EA 20 $11,275.00 $225,500.00
24 1.5-in Water Service (w/Meter Box) EA 1 $2,750.00 $2,750.00 25 1-in Water Service (w/Meter Box) EA 136 $2,046.00 $278,256.00 #27..
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26 Hot Mix Asphalt TON 1384 $200.00 $276,800.00
27 Class II Aggregate Base CY 3941 $150.00 $591,150.00
28 Lead Compliance Plan LS 1 $3,500.00 $3,500.00
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 Total: $3,273,644.50
Percent From Engineer's Estimate: -16.31%
Mitchell Engineering
(415) 227-1040 1395 Evans Avenue, San Francisco, CA 94134 Base Bid
1 Mobilization/Demobilization LS 1 $150,000.00 $150,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $25,000.00 $25,000.00 3 Traffic Control, Signage & Permitting LS 1 $225,000.00 $225,000.00 4 Sawcut & Pavement Removal LS 1 $250,000.00 $250,000.00 5 Shoring, Bracing and Sheeting LS 1 $100,000.00 $100,000.00 6 Curb & Gutter Replacement LF 80 $127.00 $10,160.00
7 Sidewalk Replacement SF 112 $25.00 $2,800.00
8 Valley Gutter Replacement SF 115 $25.00 $2,875.00
9 Restore Traffic Striping, Markings, Speed LS 1 $11,500.00 $11,500.00 Cushion and Signage
10 Potholing LS 1 $90,000.00 $90,000.00
11 Abandonment of Water Mains, Services & LS 1 $25,000.00 $25,000.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $4,500.00 $22,500.00 in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $6,000.00 $30,000.00 14 6-in PVC Pipe (DR18) LF 461 $265.00 $122,165.00
15 6-in Gate Valve EA 23 $1,300.00 $29,900.00
16 8-in PVC Pipe (DR18) LF 8737 $148.00 $1,293,076.00
17 8-in PVC Pipe (DR14) LF 230 $151.00 $34,730.00
18 8-in Gate Valve EA 54 $2,200.00 $118,800.00
19 8-in X 8-in Tee EA 8 $1,100.00 $8,800.00
20 8-in X 8-in Cross EA 2 $1,200.00 $2,400.00
21 8-in Blind Flange EA 3 $750.00 $2,250.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $8,000.00 $24,000.00 23 Fire Hydrant Assembly EA 20 $5,700.00 $114,000.00
24 1.5-in Water Service (w/Meter Box) EA 1 $4,500.00 $4,500.00 25 1-in Water Service (w/Meter Box) EA 136 $2,100.00 $285,600.00 26 Hot Mix Asphalt TON 1384 $140.00 $193,760.00
27 Class II Aggregate Base CY 3941 $8.00 $31,528.00
28 Lead Compliance Plan LS 1 $500.00 $500.00
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 Total: $3,493,269.00
Percent From Engineer's Estimate: -10.69%
Mozingo Construction, Inc.
(209) 848-0160 751 Wakefield Ct., Oakdale, CA 95361
Base Bid
1 Mobilization/Demobilization LS 1 $135,000.00 $135,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $19,800.00 $19,800.00 3 Traffic Control, Signage & Permitting LS 1 $40,000.00 $40,000.00 4 Sawcut & Pavement Removal LS 1 $68,000.00 $68,000.00
5 Shoring, Bracing and Sheeting LS 1 $20,000.00 $20,000.00 6 Curb & Gutter Replacement LF 80 $285.00 $22,800.00
7 Sidewalk Replacement SF 112 $110.00 $12,320.00
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8 Valley Gutter Replacement SF 115 $190.00 $21,850.00
9 Restore Traffic Striping, Markings, Speed LS 1 $25,000.00 $25,000.00 Cushion and Signage
10 Potholing LS 1 $228,000.00 $228,000.00
11 Abandonment of Water Mains, Services & LS 1 $35,000.00 $35,000.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $500.00 $2,500.00 in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $6,400.00 $32,000.00 14 6-in PVC Pipe (DR18) LF 461 $80.00 $36,880.00
15 6-in Gate Valve EA 23 $2,250.00 $51,750.00
16 8-in PVC Pipe (DR18) LF 8737 $97.00 $847,489.00
17 8-in PVC Pipe (DR14) LF 230 $265.00 $60,950.00
18 8-in Gate Valve EA 54 $3,350.00 $180,900.00
19 8-in X 8-in Tee EA 8 $765.00 $6,120.00
20 8-in X 8-in Cross EA 2 $900.00 $1,800.00
21 8-in Blind Flange EA 3 $280.00 $840.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $11,100.00 $33,300.00 23 Fire Hydrant Assembly EA 20 $6,500.00 $130,000.00
24 1.5-in Water Service (w/Meter Box) EA 1 $4,500.00 $4,500.00 25 1-in Water Service (w/Meter Box) EA 136 $2,580.00 $350,880.00 26 Hot Mix Asphalt TON 1384 $260.00 $359,840.00
27 Class II Aggregate Base CY 3941 $170.00 $669,970.00
28 Lead Compliance Plan LS 1 $8,300.00 $8,300.00
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 Total: $3,688,214.00
Percent From Engineer's Estimate: -5.71%
United Pavement Maintenance Inc.
(209) 883-4345 PO Box 1017, Hughson, CA 95326
Base Bid
1 Mobilization/Demobilization LS 1 $243,550.00 $243,550.00 2 Water Pollution Control Plan (WPCP) LS 1 $21,785.00 $21,785.00 3 Traffic Control, Signage & Permitting LS 1 $89,788.00 $89,788.00 4 Sawcut & Pavement Removal LS 1 $37,590.00 $37,590.00
5 Shoring, Bracing and Sheeting LS 1 $5,358.00 $5,358.00 6 Curb & Gutter Replacement LF 80 $71.10 $5,688.00
7 Sidewalk Replacement SF 112 $118.75 $13,300.00
8 Valley Gutter Replacement SF 115 $88.80 $10,212.00
9 Restore Traffic Striping, Markings, Speed LS 1 $51,305.00 $51,305.00 Cushion and Signage
10 Potholing LS 1 $33,885.00 $33,885.00
11 Abandonment of Water Mains, Services & LS 1 $78,010.00 $78,010.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $3,058.00 $15,290.00 in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $5,186.00 $25,930.00 14 6-in PVC Pipe (DR18) LF 461 $94.00 $43,334.00
15 6-in Gate Valve EA 23 $2,520.00 $57,960.00
16 8-in PVC Pipe (DR18) LF 8737 $108.00 $943,596.00
17 8-in PVC Pipe (DR14) LF 230 $307.90 $70,817.00
18 8-in Gate Valve EA 54 $4,073.50 $219,969.00
19 8-in X 8-in Tee EA 8 $3,722.50 $29,780.00
20 8-in X 8-in Cross EA 2 $5,314.50 $10,629.00
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21 8-in Blind Flange EA 3 $2,339.00 $7,017.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $12,709.00 $38,127.00 23 Fire Hydrant Assembly EA 20 $8,720.60 $174,412.00
24 1.5-in Water Service (w/Meter Box) EA 1 $5,760.00 $5,760.00 25 1-in Water Service (w/Meter Box) EA 136 $3,526.25 $479,570.00 26 Hot Mix Asphalt TON 1384 $223.50 $309,324.00
27 Class II Aggregate Base CY 3941 $120.00 $472,920.00
28 Lead Compliance Plan LS 1 $19,835.00 $19,835.00
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 Total: $3,797,166.00
Percent From Engineer's Estimate: -2.92%
Lyles Utility Construction, LLC
(559) 651-1450 P.O. Box 28220, Fresno, CA 93729
Base Bid
1 Mobilization/Demobilization LS 1 $174,000.00 $174,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $21,000.00 $21,000.00 3 Traffic Control, Signage & Permitting LS 1 $235,000.00 $235,000.00 4 Sawcut & Pavement Removal LS 1 $87,000.00 $87,000.00
5 Shoring, Bracing and Sheeting LS 1 $16,500.00 $16,500.00 6 Curb & Gutter Replacement LF 80 $136.00 $10,880.00
7 Sidewalk Replacement SF 112 $63.00 $7,056.00
8 Valley Gutter Replacement SF 115 $68.00 $7,820.00
9 Restore Traffic Striping, Markings, Speed LS 1 $18,000.00 $18,000.00 Cushion and Signage
10 Potholing LS 1 $192,000.00 $192,000.00
11 Abandonment of Water Mains, Services & LS 1 $196,000.00 $196,000.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $1,100.00 $5,500.00 in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $3,100.00 $15,500.00 14 6-in PVC Pipe (DR18) LF 461 $200.00 $92,200.00
15 6-in Gate Valve EA 23 $3,000.00 $69,000.00
16 8-in PVC Pipe (DR18) LF 8737 $89.00 $777,593.00
17 8-in PVC Pipe (DR14) LF 230 $120.00 $27,600.00
18 8-in Gate Valve EA 54 $3,500.00 $189,000.00
19 8-in X 8-in Tee EA 8 $2,100.00 $16,800.00
20 8-in X 8-in Cross EA 2 $3,500.00 $7,000.00
21 8-in Blind Flange EA 3 $1,100.00 $3,300.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $11,500.00 $34,500.00 23 Fire Hydrant Assembly EA 20 $9,000.00 $180,000.00
24 1.5-in Water Service (w/Meter Box) EA 1 $4,500.00 $4,500.00 25 1-in Water Service (w/Meter Box) EA 136 $2,310.00 $314,160.00 26 Hot Mix Asphalt TON 1384 $407.00 $563,288.00
27 Class II Aggregate Base CY 3941 $117.00 $461,097.00
28 Lead Compliance Plan LS 1 $9,000.00 $9,000.00
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 Total: $4,017,719.00
Percent From Engineer's Estimate: 2.71%
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Lund Construction
(916) 344-5800 5302 Roseville Rd, North Highlands, CA 95660 Base Bid
1 Mobilization/Demobilization LS 1 $252,440.00 $252,440.00 2 Water Pollution Control Plan (WPCP) LS 1 $3,150.00 $3,150.00 3 Traffic Control, Signage & Permitting LS 1 $77,025.00 $77,025.00 4 Sawcut & Pavement Removal LS 1 $82,275.00 $82,275.00
5 Shoring, Bracing and Sheeting LS 1 $54,855.00 $54,855.00 6 Curb & Gutter Replacement LF 80 $282.00 $22,560.00
7 Sidewalk Replacement SF 112 $179.00 $20,048.00
8 Valley Gutter Replacement SF 115 $91.00 $10,465.00
9 Restore Traffic Striping, Markings, Speed LS 1 $17,275.00 $17,275.00 Cushion and Signage
10 Potholing LS 1 $204,000.00 $204,000.00
11 Abandonment of Water Mains, Services & LS 1 $97,975.00 $97,975.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $1,364.00 $6,820.00 in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $3,761.00 $18,805.00 14 6-in PVC Pipe (DR18) LF 461 $163.00 $75,143.00
15 6-in Gate Valve EA 23 $3,316.00 $76,268.00
16 8-in PVC Pipe (DR18) LF 8737 $148.00 $1,293,076.00
17 8-in PVC Pipe (DR14) LF 230 $323.00 $74,290.00
18 8-in Gate Valve EA 54 $4,056.00 $219,024.00
19 8-in X 8-in Tee EA 8 $1,614.00 $12,912.00
20 8-in X 8-in Cross EA 2 $2,116.00 $4,232.00
21 8-in Blind Flange EA 3 $860.00 $2,580.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $11,314.00 $33,942.00 23 Fire Hydrant Assembly EA 20 $7,726.00 $154,520.00
24 1.5-in Water Service (w/Meter Box) EA 1 $6,858.00 $6,858.00 25 1-in Water Service (w/Meter Box) EA 136 $4,157.00 $565,352.00 26 Hot Mix Asphalt TON 1384 $316.91 $438,603.44
27 Class II Aggregate Base CY 3941 $56.05 $220,893.05
28 Lead Compliance Plan LS 1 $3,145.80 $3,145.80
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 Total: $4,330,957.29
Percent From Engineer's Estimate: 10.72%
Engineer's Estimate
Base Bid
1 Mobilization/Demobilization LS 1 $100,000.00 $100,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $25,000.00 $25,000.00 3 Traffic Control, Signage & Permitting LS 1 $50,000.00 $50,000.00 4 Sawcut & Pavement Removal LS 1 $177,862.00 $177,862.00 5 Shoring, Bracing and Sheeting LS 1 $40,000.00 $40,000.00 6 Curb & Gutter Replacement LF 80 $100.00 $8,000.00
7 Sidewalk Replacement SF 112 $50.00 $5,600.00
8 Valley Gutter Replacement SF 115 $100.00 $11,500.00
9 Restore Traffic Striping, Markings, Speed LS 1 $35,000.00 $35,000.00 Cushion and Signage
10 Potholing LS 1 $25,000.00 $25,000.00
11 Abandonment of Water Mains, Services & LS 1 $50,000.00 $50,000.00 Valves
12 Remove & Dispose Fire Hydrant, Bury, & 6- EA 5 $2,000.00 $10,000.00 #27..
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in Gate Valve
13 Connect to Existing 8-in Water Main EA 5 $10,000.00 $50,000.00 14 6-in PVC Pipe (DR18) LF 461 $120.00 $55,320.00
15 6-in Gate Valve EA 23 $2,500.00 $57,500.00
16 8-in PVC Pipe (DR18) LF 8737 $130.00 $1,135,810.00
17 8-in PVC Pipe (DR14) LF 230 $150.00 $34,500.00
18 8-in Gate Valve EA 54 $3,500.00 $189,000.00
19 8-in X 8-in Tee EA 8 $1,000.00 $8,000.00
20 8-in X 8-in Cross EA 2 $1,250.00 $2,500.00
21 8-in Blind Flange EA 3 $800.00 $2,400.00
22 Fire Hydrant w/Check Valve Assembly EA 3 $12,000.00 $36,000.00 23 Fire Hydrant Assembly EA 20 $10,000.00 $200,000.00
24 1.5-in Water Service (w/Meter Box) EA 1 $4,000.00 $4,000.00 25 1-in Water Service (w/Meter Box) EA 136 $3,000.00 $408,000.00 26 Hot Mix Asphalt TON 1384 $366.00 $506,544.00
27 Class II Aggregate Base CY 3941 $100.00 $394,100.00
28 Lead Compliance Plan LS 1 $7,500.00 $7,500.00
29 Stanislaus County Encroachment Permit LS 1 $282,425.00 $282,425.00 Total: $3,911,561.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 13, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept 2021 Urban and Multibenefit Drought Relief Grant Program Award Well 312 Treatment System and Flush Line Project
CONTACT: Edgar Vargas, Acting Senior Civil Engineer
[email protected], 209-577-5424
DESCRIPTION:

Consider accepting the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment System & Flush Line Project; authorizing the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and execute all grant-related documents. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The Empire Service Area is located in the far southeastern corner of the City of Modesto’s contiguous water service area and was originally part of the Del Este Water Company. The existing water service area is largely provided by five groundwater wells and is supplemented by treated surface water delivered by the Modesto Irrigation District.

In Summer 2017, the City conducted a hydraulic evaluation of the Empire Service Area to determine if peak hour demand conditions could be met with or without supply from five existing local wells. The analysis confirmed that the existing wells are required to maintain operation and also recommended system improvements including upsizing water mains to support the overall Empire Service Area.

However, in October 2016, one of the five wells in the Empire Service area, Well 312, was turned off due to exceeding the maximum contaminant levels (MCL) for 1,2,3-Trichlorpropane #28..
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(TCP). In order to decrease the MCL levels of TCP and turn the well back on, granular activated carbon (GAC) treatment is required.

As a result, the City began seeking funding to help install a new GAC treatment system and flush line at Well 312 to bring the well back into operation.

Urban and Multibenefit Drought Relief Grant Program
The Budget Act of 2021 allocated $300 million to the State of California Department of Water Resources (DWR) to deliver grants for interim and immediate drought relief to urban communities and for multi-benefit projects. The grants are intended to provide water to communities that face the loss or contamination of their water supplies to address immediate impacts on human health, safety, and to protect fish and wildlife resources.

Per DWR, the Well 312 Treatment System and Flush Line project is located in a Severely Disadvantged Community (SDAC) where the annual household income is less than $42,737.

Projects eligible for the Urban and Multibenefit Drought Relief Grant Program are favored if the project can benefit a community that is within a SDAC or an Economically Distressed Area.

The Well 312 Treatment System and Flush Line project has been included in the East Stanislaus Integrated Regional Water Management (IRWM) Region Project Database. This project meets the IRWM Plan's Water Supply Objective to 'provide a variety of water supply sources to meet all current and future water demands under various hydrologic conditions'; the Water Quality Objective to 'meet or exceed all applicable water quality regulatory standards, including drinking water standards'; and the Economic and Social Responsibility Objective to 'consider disproportionate community impacts to ensure environmental justice'. This project satisfies the Resource Management Strategies, which are to Increase Water Supply and Improve Water Quality. This project also addresses the following Statewide Priorities: 1) Manage and Prepare for Dry Periods, and 2) Provide Safe Water for all Communities.

The City’s goal was to seek $1 million in grant funding to help fund the Well 312 Treatment System and Flush Line Project.

DISCUSSION:

DWR is responsible for the administration of the IRWM funding under Proposition I and solicitation of funding proposals for the Disadvantaged Community (DAC) Involvement Grant Program. Significant funding is available with no required funding match for the San Joaquin River Area to support DWR’s DAC Involvement Grant program.

In order to manage these opportunities for DACs, the Contra Costa Water District (CCWD), together with participating agencies in the San Joaquin River Funding Area, submitted a funding proposal to the DWR for the DAC Involvement Grant Program with projects that support the program’s objectives.

On September 5, 2018, CCWD executed an agreement with DWR for the DAC Involvement Grant Program. Seven participating IRWM regions in the San Joaquin Funding Area unanimously supported the DAC Involvement Grant Program funding and CCWD serving as grantee to an agreement with DWR on behalf of the San Joaquin Funding Area for grant funds. #28..
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The seven original participating regions include Madera County, Merced Irrigation District, San Joaquin County, Stanislaus County, San Luis & Delta-Mendota Water Authority, Regional Water Authority and the Environmental Justice Coalition for Water.

CCWD, as the grantee is responsible to disburse State grant funds as required by the grant and requests quarterly reports and invoices, serves as the fiscal agent that receives payment from DWR and ultimately reimburses local sponsors.

On January 31, 2019, DWR executed a grant agreement between the DWR and CCWD for the Proposition 1 IRWM Disadvantaged Community Involvement Grant.

On October 22, 2019, the CCWD executed an agreement between CCWD and the seven participating regions for the Proposition 1 Disadvantaged Community Involvement Grant Program.

On April 5, 2022, by Resolution No. 2022-172, Council authorized the submittal of a grant application to the California Department of Water Resources Urban and Multibenefit Drought Relief Grant Program for the Well 312 Treatment System & Flush Line Project.

Shortly after council authorization, staff was notified that it had been awarded $1,000,000 from the DWR Urban Drought Relief Program, which will be utilized to fund the construction of the Empire Well 312 Treatment System Project.

On September 13, 2022, by Resolution No. 2022-387, Council approved an agreement with Provost & Pritchard Consulting Group for engineering services for the Empire Well 312 Treatment System Project in the amount of $147,000 for the identified scope of services, plus $14,700 in additional services, if needed, for a total amount not to exceed $161,700 and authorizing the City manager, or his designee, to execute the agreement.

FISCAL IMPACT:

Expenses associated with this project will be captured in the following Capital Improvement Program project account:
101403 - Well 312 Treatment & Flushline

ANTICIPATED ENGINEERING EXPENDITURES
Engineering Services Agreement – Provost & Pritchard $147,000 Additional Services (10%) if needed $14,700
City Staff (15%) $22,050
TOTAL ENGINEERING COSTS: $183,750

ANTICIPATED CONSTRUCTION EXPENDITURES
Construction $964,425
Construction Contingency (10% of Construction Cost) $96,442 Construction Administration – City Staff (10% of Construction Cost) $96,442 Bid Support During Construction – City (4% of Construction Cost) $38,577 City Construction Forces $50,000
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Accept 2021 Urban and Multibenefit Drought Relief Grant Program Award Well 312 Treatment System and Flush Line Project

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Grant Administration $30,000
TOTAL CONSTRUCTION COSTS: $1,275,886
ESTIMATED TOTAL PROJECT COST: $1,459,636
Grant reimbursements from the State to the City are to be made within 90 days following quarterly requests for reimbursements. The City will coordinate with CCWD, the Local Project Sponsor for the California Department of Water Resources, for these reimbursements.

CEQA/NEPA REQUIREMENTS:

Environmental review will be provided through a Categorical Exemption under CEQA Section 15301 Class 1(b).

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee at the February 28, 2022 meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment System and Flush Line Project; authorizing the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and to execute all grant-related documents and authorizing the Director of Finance to be the signatory of Grant Invoice Forms during requests for reimbursements.

Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,306,000 in order to accept a Grant Award from the Department of Water Resources and fund the Well 312 Treatment System and Flush Line Project.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. Award Letter

3. Grant Agreement

4. Grant Agreement – First Amendment

5. Local Project Sponsor Agreement – Contra Costa Water District #28..
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?

RESOLUTION ACCEPTING THE DEPARTMENT OF WATER RESOURCES
2021 URBAN AND MULTIBENEFIT DROUGHT RELIEF GRANT PROGRAM AWARD OF $1,000,000 FOR THE WELL 312 TREATMENT SYSTEM AND FLUSH LINE PROJECT; AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO ENTER INTO A LOCAL PROJECT SPONSOR AGREEMENT WITH CONTRA COSTA WATER DISTRICT AND TO EXECUTE ALL GRANTRELATED DOCUMENTS AND AUTHORIZING THE DIRECTOR OF

FINANCE TO BE THE SIGNATORY OF GRANT INVOICE FORMS DURING

REQUESTS FOR REIMBURSEMENTS
WHEREAS, the Budget Act of 2021 allocated $300 million to the State of California Department of Water Resources (DWR) to deliver grants for interim and immediate drought relief to urban communities and for multibenefit projects, and WHEREAS, the grants are intended to provide water to communities that face the loss or contamination of their water supplies to address immediate impacts on human health, safety, and to protect fish and wildlife resources, and WHEREAS, per DWR, the Well 312 Treatment System and Flush Line Project is located in a Severely Disadvantaged Community (SDC), and WHEREAS, by Resolution No. 2022-172, Council authorized the submittal of a grant application to the DWR Urban and Multibenefit Drought Relief Grant Program for the Well 312 Treatment System & Flush Line Project, and WHEREAS, the Contra Costa Water District (CCWD), together with participating agencies in the San Joaquin River Funding Area, submitted a funding proposal to DWR for the Disadvantaged Community Involvement Grant Program with projects that support the program’s objectives, and
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2 2023-
WHEREAS, CCWD, as the grantee is responsible to disburse State Grant Funds as required by the grant, and
WHEREAS, on March 28, 2022 CCWD was notified that the Well 312 Treatment System and Flush Line Project had been awarded $1,000,000 by DWR, and WHEREAS, grant reimbursements from the State to the City are to be made within 90 days following quarterly requests for reimbursements, and WHEREAS, the City will coordinate with CCWD, the Local Project Sponsor for the DWR, for these reimbursements.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the acceptance of a 2021 Urban and Multibenefit Drought Relief Grant Program award of $1,000,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute all grant-related documents and any amendment or changes thereto, and that the Director of Finance is authorized to act as the signatory of grant invoice forms during requests for reimbursement.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember?, was upon roll call carried and the resolution adopted by the following vote:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

JOSE M. SANCHEZ, City Attorney
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $1,306,000 IN

ORDER TO ACCEPT A GRANT AWARD FROM THE DEPARTMENT OF
WATER RESOURCES AND FUND THE WELL 312 TREATMENT SYSTEM

AND FLUSH LINE PROJECT
WHEREAS, certain budgetary transactions are necessary in the amount of $1,306,000, in order to accept a grant award from the Department of Water Resources and fund the Well 312 Treatment System and Flush Line Project, and WHEREAS, the Fiscal Year 2022-23 Capital Improvement Program budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,306,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #28..
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2 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES
P.O. Box 942836
Sacramento, CA 94236-0001
(916) 653-5791
March 28, 2022
Maggie Dutton
Grants Specialist
Contra Costa Water District
1331 Concord Ave
Concord, CA 94520
Award Notification for Phase 2 Urban and Multibenefit Drought Relief Grant Program Dear Maggie Dutton:

Congratulations! We are pleased to inform you that the Empire Community Well 312 Treatment System & Flush Line Project, filed by Contra Costa Water District (on behalf of San Joaquin River Funding Area), have been awarded $1,000,000 by the Department of Water Resources (DWR) for the Urban and Multibenefit Drought Relief Grant Program. Costs incurred after March 18, 2022 (DWR approval date of the awards) will be eligible for grant reimbursement. This award is conditioned upon the execution of a Grant Agreement between DWR and your agency.

Your timely attention is directed to the following requirements:

Within 14 calendar days of the date of this award letter:

Award Acceptance - Please submit a letter or e-mail signed by the authorized representative (agreement signatory) confirming your agency as the Grantee to accept the grant award in the amount of $1,000,000.

This letter/e-mail should also confirm the proper billing address for your organization (where reimbursement checks will be sent).

Electronic Signatures - DWR uses DocuSign to process signatures electronically to expedite all grantrelated documents requiring a signature. In order for DWR to send documents to you via DocuSign, we need your permission and consent. If you consent to the use of DocuSign, please send DWR a letter on official letterhead signed by the authorized representative, consenting to the use of DocuSign for all transactions related to this award (see attached sample). If you prefer not to use electronic signatures, DWR can send documents for original (wet) signatures via email or mail, but this can delay the process significantly, especially during situations such as the COVID-19 public health emergency.

Within 30 calendar days of the date of this award letter:

Authorizing Resolution – Please submit an authorizing resolution for this agreement within the next 30 days of this letter (see attached sample language). Sample language can be found on page 21 of the Guidelines and Proposal Solicitation Package.

Following receipt of the award acceptance, DWR will provide you with a draft amendment to the existing Proposition 1 DACI agreement and work with you to finalize and execute the amendment.

Your timely attention to these requirements is critical to execute the Grant Agreement; failure to do so may #28..
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result in DWR revoking the grant award. Please submit the required information in the time periods specified to [email protected]. The subject line of the email should include “Contra Costa Water District ANL Items”.

Please contact Ashley Gilreath at [email protected] or (916) 902-6717 or Stephanie Miura at [email protected] or (916) 902-7508 for any questions regarding the required materials.

Again, congratulations to you and your Local Partner Sponsor on this well-deserved grant award. Our team appreciates your time and effort to respond to this grant solicitation process and we will be reaching out in coming months to get your feedback. We look forward to working with you to complete these drought relief projects to build water resilience in your communities.

Sincerely,
Carmel Brown, P.E.,
Manager, Financial Assistance Branch
Division of Regional Assistance
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GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND

CONTRA COSTA WATER DISTRICT
AGREEMENT NUMBER 4600012737
2016 PROPOSITION 1 INTEGRATED REGIONAL WATER MANAGEMENT (IRWM) DISADVANTAGED

COMMUNITY INVOLVEMENT GRANT
CALIFORNIA WATER CODE § 79740 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 Contra Costa Water District, a public water 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 Water Quality, Supply and Infrastructure Improvement Act of 2014 (Proposition 1) to Grantee to assist in financing projects associated with the San Joaquin River Funding Area pursuant to Chapter 7 (commencing with §79740) of Division

26.7 of the California Water Code, hereinafter collectively referred to as “IRWM Program.” A “project” is defined as a group of activities as set forth in Exhibit A (Work Plan).

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 July 31, 2022 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.

3. GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $3,100,000.

4. 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 Water Quality, Supply and Infrastructure Improvement, Act of 2014 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.

5. 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 Joaquin River Funding Area Disadvantaged Community Involvement grant proposal. 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.

6. BASIC CONDITIONS. State shall have no obligation to disburse money for projects under this Grant Agreement until Grantee has satisfied the following conditions (if applicable):
a) Grantee must demonstrate the groundwater compliance options set forth on pages 11 and 12 of the IRWM Program Guidelines, dated July 2016 are met. b) Grantee submits deliverables as specified in Paragraph 17 of this Grant Agreement and in Exhibit A.
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Grant Agreement No. 4600012737

Page 2 of 50 ends

c) 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 the approved projects 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 documents 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.

7. 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.

8. ELIGIBLE PROJECT COST. Grantee shall apply State funds only to Eligible Project Costs in accordance with applicable provisions of the law. Work performed on the projects after January 22, 2016, shall be eligible for reimbursement.

Costs that are not eligible for reimbursement include, but are not limited to the following items:
a) Operation and maintenance costs.
b) Purchase of equipment that is not an integral part of a project. c) Establishing a reserve fund.
d) Purchase of water supply.
e) Replacement of existing funding sources for ongoing programs. f) Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirement).
g) 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. h) 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 #28..
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Grant Agreement No. 4600012737

Page 3 of 50 ends

which the debt is incurred are otherwise eligible costs. However, this will only be allowed as Grantee Cost Share (i.e., Funding Match).
i) Payment of stipends
j) Application preparation costs for other funding opportunities not consistent with IRWM. k) Meals not directly related to travel.
l) Acquisition of real property (land or easements).
m) Overhead not directly related to the project.

9. METHOD OF PAYMENT.
a) Reimbursement – Submit a copy of invoice for costs incurred and supporting documentation to the DWR Project Manager via Grant Review and Tracking System (GRanTS). Additionally, the original invoice form with signature and date (in ink) of Grantee’s Project Representative, as indicated in Paragraph 23 of this Grant Agreement, must be sent to the DWR Project Manager for approval. Invoices submitted via GRanTS shall include the following information:
1) Costs incurred for work performed during the period identified in the particular invoice. 2) Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
i) Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii) 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). iii) 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. iv) 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). After the disbursement requirements in Paragraph 6 “Basic Conditions” are met, State will disburse the whole or portions of State funding to Grantee, following receipt from Grantee via U.S. mail or Express mail delivery of a “wet signature” invoice for costs incurred, and timely Quarterly Progress Reports as required by Paragraph 17 “Submission of Reports.” Payment will be made no more frequently than monthly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. b) Advanced Payment – Water Code §10551 authorizes advanced payment by the State for projects which are sponsored by a nonprofit organization; a disadvantaged community (DAC); or, the proponent of a project that benefits a DAC. If these projects are awarded less than $1,000,000 in grant funds, the project proponent may receive an advanced payment of 50% of the grant award; the remaining 50% of the grant award will be reimbursed in arrears.

Water Code §10551 further authorizes DWR to adopt additional requirements regarding the use of the advanced payment to ensure that the funds are used properly. Within 90 calendar days of execution of the Grant Agreement, the Grantee shall provide DWR an Advanced Payment Request. The Advanced Payment Request must contain the following:
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1) Documentation demonstrating that each Local Project Sponsor was notified about their eligibility to receive an advanced payment and a response from the Local Project Sponsor stating whether it wishes to receive the advanced payment or not, if applicable. 2) If the Grantee or Local Project Sponsor is requesting the advanced payment, the request must also include:
i) Specification of those projects listed in Exhibit B for which Advanced Payment will be requested and how those projects are consistent with the adopted IRWM Plan. ii) A funding plan which shows by project: the budget and anticipated schedule, the amount of advanced funding requested, and how the advanced funds will be expended within 18 months of this Grant Agreement’s execution. (i.e., for what, how much, and when)
iii) A discussion of the Grantee or Local Project Sponsor’s financial capacity to complete the project once the advanced funds have been expended. 3) If a Grantee or Local Project Sponsor is requesting advanced payment, Grantee shall also submit a single Advanced Payment invoice, itemized containing the request for each qualified project, to the DWR Project Manager with signature and date (in ink) of Grantee’s Project Representative, as indicated on in Paragraph 23 page 10 of this Agreement. The Grantee shall be responsible for the timely distribution of the advanced funds to the individual Local Project Sponsors. Within 60 calendar days of receiving the Advanced Payment invoice and subject to the availability of funds, State will authorize payment of the advanced funds sought of 50% of the grant award for the qualified project(s).

The Advance Payment Invoice shall be submitted on forms provided by State and shall meet the following format requirements:
i) Invoice must contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii) Invoice must be itemized based on the projects (i.e., tasks) specified in Exhibit B. iii) DWR Project Manager will notify Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). After the disbursement requirements in Paragraph 6 “Basic Conditions” (6a and 6b) only) 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 Progress Reports as required by Paragraph 17 “Submission of Reports.”
4) On a quarterly basis, the Grantee will submit an Accountability Report to DWR that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:
i) An itemization of how advanced funds have been expended to date (Expenditure Summary), including documentation that supports the expenditures (e.g., contractor invoices, receipts, personnel hours, etc.). Invoices must be itemized based on the projects (i.e., tasks) specified in Exhibit B.
ii) A funding plan, itemized by project, which shows how the remaining advanced funds will be expended.
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iii) Documentation, signed by the Project Representative, that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.

DWR Project Manager will notify Grantee, in a timely manner, when, upon review of the Expenditure Summary, the State determines that any portion or portions of the expenditures claimed are not eligible costs. Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit B, the State will reject the claim and remove them from the Expenditure Summary.

Once Grantee has expended all advanced funds, then the method of payment will revert to the reimbursement process specified in Paragraph 9a) and any remaining requirements of Paragraph 6.

10. REPAYMENT OF ADVANCES. State may demand repayment from Grantee of all or any portion of the advanced State funding along with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by State and take any other action that it deems necessary to protect its interests for the following conditions:
a) A project is not being implemented in accordance with the provisions of this Grant Agreement.
b) 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.

Repayment amounts may also include:
c) Advance funds which have not been expended within 18 months of the Grant Agreement’s execution by the Local Project Sponsor.
d) Actual costs incurred are not consistent with the Exhibit A (Work Plan) activities, not supported, or are ineligible.
e) At the completion of the project, the funds have not been expended.

For conditions 10 c) and 10 d), repayment may consist of deducting the amount from future reimbursement invoices.

State may consider Grantee’s refusal to repay the requested advanced amount a substantial breach of this Grant Agreement subject to the default provisions in Paragraph 12, “Default Provisions.” If State notifies Grantee of its decision to demand repayment or 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.

11. 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 12, 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 #28..
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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 12, “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.

12. DEFAULT PROVISIONS. Grantee and any 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 operate or maintain project(s) in accordance with this Grant Agreement (Paragraph 18).
d) Failure to make any remittance required by this Grant Agreement. e) Failure to comply with Labor Compliance Program requirements (Paragraph 16). f) Failure to submit timely progress reports.
g) Failure to routinely invoice State.
h) Failure to meet any of the requirements set forth in Paragraph 13, “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:
1) Declare the funding be immediately repaid, with interest, at the California general obligation bond interest rate at the time the State notifies the Grantee of the default. 2) Terminate any obligation to make future payments to Grantee. 3) Terminate the Grant Agreement.
4) 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.

13. CONTINUING ELIGIBILITY. Grantee 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 Grant Agreement shall maintain compliance with the Urban Water Management Planning (UWMP) Act (Water Code §10610 et seq.) and Sustainable Water Use and Demand Reduction, Part 2.55 of Division 6 (Water Code §10608 et seq.) by doing the following:
1) Have submitted their 2015 UWMP and had it deemed consistent by DWR. For more information, visit the following website:
http://www.water.ca.gov/urbanwatermanagement.
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2) By July 1, 2016, all urban water suppliers must have submitted 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 gallons per capita per day (GPCD) target, as required pursuant to Water Code §10608.24. Starting June 30, 2017, those urban water suppliers that did not meet their 2015 GPCD target must also submit, by June 30, annual reports that include a schedule, financing plan, and budget for achieving the GPCD target (Water Code §10608.24). 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 §10608) of Division 6 of the Water Code. 2) Have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. For more information, visit the following website:
http://www.water.ca.gov/wateruseefficiency/agricultural/agmgmt.cfm. c) Grantees diverting surface water must maintain compliance with diversion reporting requirements as outlined in Part 5.1 of Division 2 of the Water Code. d) Grantee and Local Project Sponsors must demonstrate compliance with the groundwater compliance options set forth on pages 11 and 12 of the 2016 IRWM Program Guidelines, dated July 2016.
e) Grantee and Local Project Sponsors that have been designated as monitoring entities under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program must maintain reporting compliance, as required by Water Code §10920 and the CASGEM Program.

14. 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.

15. 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.

16. LABOR COMPLIANCE. The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met.

Current Department of Industrial Relations (DIR) requirements may be found at:
http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at:
http://www.dir.ca.gov/dlse/PWManualCombined.pdf.

17. 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. 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 #28..
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timely submittal of reports is a requirement for initial and continued disbursement of State funds.

Submittal and subsequent approval by the State of a Final Report is a requirement for the release of any funds retained for such projects.
a) Progress Reports: Grantee shall submit progress reports quarterly to meet the State’s requirement for disbursement of funds. 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 (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.
b) Accountability Report: Grantee shall submit, on a quarterly basis, an Accountability Report by individual Local Project Sponsor (if applicable) that at a minimum:
1) Includes an itemization of how advanced funds have been expended to date (Expenditure Summary), including documentation that supports the expenditures (e.g. contractor invoices, receipts, personnel hours, etc.). Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B.
2) Includes a funding plan which shows how the remaining advanced funds will be expended.
3) Provides an accounting of distribution of the advanced funds to the appropriate Local Project Sponsor (if applicable).
4) Documents that the funds were spent on eligible reimbursable costs. 5) Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account. c) Final Report: Upon completion of the projects included in Exhibit A, Grantee shall submit to State a Final Report. The Final Grant Completion Report shall be submitted within ninety (90) calendar days of completion of the projects. The Final Report shall include a stakeholder summary; description of involvement activities and the projects developed from those activities; discussion of findings from the needs assessment, identification of ongoing barriers, and recommendations for future activities; and a list of references. Retention will not be disbursed until the Final Report is submitted to and approved by the State. d) Post-Performance Reports: Grantee shall submit Post-Performance Reports, if applicable. PostPerformance Reports shall be submitted to State within ninety (90) calendar days after the first operational year of a construction and implementation project has elapsed. This record keeping and reporting process shall be repeated annually for a total of 3 years after the completed project(s) begins operation.

18. 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 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 shall not be liable for any cost of such maintenance, management, or operation. Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, #28..
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“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 12, “Default Provisions.”

19. 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 §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. See Exhibit H (Requirements for Statewide Monitoring and Data Submittal), for web links and information regarding other State monitoring and data reporting requirements.

20. 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 change in the scope of a project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change.
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.

21. 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 (10) 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 #28..
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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 23. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.

22. 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.

23. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Chief, Division of IRWM
P.O. Box 942836
Sacramento CA 94236-0001
Phone: (916) 653-4736
e-mail: [email protected]
Contra Costa Water District
Jerry Brown
General Manager
P.O. Box H20
Concord, CA 94524
Phone: (925) 688-8034
e-mail: [email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources
Desiree Ramirez
Division of Integrated Regional Water
Management
901 P Street, Room 213A
Sacramento, CA 94236-0001
Phone: (916) 653-0975
e-mail: [email protected]
Contra Costa Water District
Maggie Dutton
Grants Specialist
P.O. Box H20
Concord, CA 94524
Phone: (925) 688-8132
e-mail: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.

24. STANDARD PROVISIONS. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A – Work Plan
Exhibit B – 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 for Grantees #28..
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IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WAT R RESOURCES
Arthur Hinojosa, P.E. Chief
Division of Integrate gional Water
Management ·
Date I (1> I /q
Approved as to Legal Form and Sufficiency
bin Brewer, Assistant
Office of Chief Counsel
Date /-.28- /'7
Contra Costa Water District
Af~IOVID AS TO FORM
-~:~
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EXHIBIT A

WORK PLAN
This Work Plan describes the work to be performed (including deliverables) by Contra Costa Water District (“Grantee”) on behalf of the San Joaquin River Funding Area (SJRFA) for the Proposition 1 IRWM Disadvantaged Community Involvement (DACI) Grant Program.

The associated general budget and schedule for this work are presented in Exhibits B and C, respectively. Within 30 days of the execution of the Grant Agreement with DWR, to assist with DWR in tracking the work and reviewing and processing invoices, the Grantee will submit to DWR a detailed budget and graphical schedule for each project described herein.

The SJRFA includes ten separate IRWM regions, of which seven have chosen to participate in the DACI Grant Program, including American River Basin, East Contra Costa County, East Stanislaus, Eastern San Joaquin, Madera, Merced, and Westside-San Joaquin. These participating IRWM regions will be referred to as the “Stakeholder Advisory Committee” (SAC). The three IRWM regions choosing not to participate include the Mokelumne-Amador-Calaveras, Tuolumne-Stanislaus, and the Cosumnes, American, Bear, Yuba IRWM Regions. Letters supporting the DACI Grant Program have been submitted to DWR by the regions not participating.

The SJRFA DACI work plan includes a suite of Projects that address disadvantaged community (DAC) water management concerns within the SJRFA. The suite of Projects includes outreach and workshops to DACs to facilitate participation in IRWM decision-making and project planning processes, work to gather information needed to develop a Funding Area-wide needs assessment, and project development activities that address the major water management challenges in the SJRFA.

PROJECT 1: GRANT PROPOSAL AND ADMINISTRATION ASSISTANCE Local Project Sponsor: San Luis & Delta-Mendota Water Authority Task 1: Project Administration
Project administration includes compliance with invoicing and grant reporting requirements detailed in Paragraphs 9 and 17 respectively. Work includes preparation of reports detailing work completed during each reporting period, preparation of invoices and back-up documentation for submittal to DWR via the Grantee, and administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

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Task 2: Grant Proposal
Develop the SJRFA DACI grant proposal. Work includes coordination with the SAC and DWR, convening of meetings and conference calls, incorporating DWR comments, and preparation of the draft, revised, and final proposal.

Deliverables:
□ Draft SJRFA DACI Grant Proposal
□ Final SJRFA DACI Grant Proposal
Task 3: Grant Support and Coordination
Coordinate with the Grantee and Local Project Sponsors to develop and process an amendment to the Grant Agreement after Project 2’s DAC Needs Assessment is performed. As needed, assist the Grantee with Grant Agreement-related coordination, which may include assistance with developing contracts and fulfilling contractual obligations, such as reporting and invoicing.

Perform ongoing coordination between the Grantee, the SAC, and DWR through conference calls, in-person meetings, and email communication. Coordinate a Kick-Off grant administration meeting with the Grantee and Local Project Sponsors.

Deliverables:
□ Processed Amendment
□ Quarterly Meeting Summaries
□ Grant Administration Kick-Off Meeting Agenda, Notes, and Sign-In Sheet PROJECT 2: DAC NEEDS ASSESSMENT
Local Project Sponsor: San Luis & Delta-Mendota Water Authority Conduct a Funding Area-wide Needs Assessment to provide a better understanding of the water, wastewater, and stormwater management needs of DACs in the SJRFA.

Task 1: Project Administration
Project administration includes compliance with invoicing and grant reporting requirements detailed in Paragraphs 9 and 17 respectively. Work includes preparation of reports detailing work completed during each reporting period, preparation of invoices and back-up documentation for submittal to DWR via the Grantee, and administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

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Task 2: Needs Assessment
Conduct a Funding Area-wide Needs Assessment to provide a better understanding of the water, wastewater, and stormwater management needs of DACs in the SJRFA. Work will include the following:
• Define and identify DACs within the SJRFA
• Develop a database of DACs in the funding area
• Collect data regarding the state of water resources in those DACs • Map data, to include DACs, water quality issues, and water supply issues • Perform supplemental ground-truthing through community outreach and surveys • Conduct community outreach and surveys to better understand:
− technical, managerial, and financial capacity within the DACs, − current level of participation in IRWM, if any,
− challenges and barriers to participation, and
− ideas to help break through those barriers
• Summarize and evaluate the Needs Assessment information, and prepare a summary report with recommendations.

Draft Needs Assessment report will be provided to the SAC for review and comment. Comments received will be reviewed, and responses prepared and discussed with the SAC. Comments will be incorporated into a final Needs Assessment report to be submitted to DWR.

Deliverables:
□ Needs Assessment Database
□ Draft Needs Assessment Report with comments
□ Final Needs Assessment Report
PROJECT 3: GRANT ADMINISTRATION
Local Project Sponsor: Contra Costa Water District
Task 1: Grant Administration
Administer grant funds and respond to DWR’s reporting and compliance requirements associated with the grant administration. This task includes contract management, coordination of the SAC, submittal of advanced payment request information, work related to the compilation and development of quarterly invoices, progress reports, and accountability reports, and the development of a Final Grant Completion Report.

Deliverables:
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Advanced Payment Funding Plans (as applicable)
□ Quarterly Advanced Payment Accountability Reports (as applicable) □ Final Grant Completion Report
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PROJECT 4: SJRFA IRWM REGION COORDINATION
Local Project Sponsor: Contra Costa Water District
Task 1: Project Administration
Project administration includes compliance with invoicing and grant reporting requirements detailed in Paragraphs 9 and 17 respectively. Work includes preparation of reports detailing work completed during each reporting period, preparation of invoices and back-up documentation for submittal to DWR via the Grantee, and administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

Deliverables:
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Project Completion Summary
Task 2: Region Coordination
Coordinate work between the staff/representatives of the seven participating IRWM Regions. Work will include coordination and attendance of bi-annual SAC coordination meetings, approximately 16 conference call meetings, and phone calls and emails for additional coordination. Coordination tasks may include attendance by SAC representatives at DAC-related conferences, workshops, and events that support the goals of the program and the efforts of the DAC and SJRFA.

Work completed to date includes interregional coordination to determine the participating Regions, Funding Area-wide meetings, SAC establishment, and project development. Work also included the acquisition of a consultant for the development of the grant proposal, administration assistance and work related to the Needs Assessment. Coordination has occurred through email, phone calls, inperson meetings, and conference calls.

Deliverables:
□ Meeting Agendas, Notes, and Sign-In Sheets, as applicable PROJECT 5: DISADVANTAGED AND UNDERREPRESENTED COMMUNITIES (URCs) WATER EDUCATION AND

IMPROVEMENT PROJECT
Local Project Sponsors: Regional Water Authority, The Environmental Justice Coalition for Water Project will include targeted needs assessment to Disadvantaged Unincorporated Communities (DUCs), domestic well user support, identification of underrepresented communities, and waterrelated community outreach and education to the American River Basin communities in the SJRFA. #28..
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Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

Deliverables:
□ Advanced Payment Funding Plan
□ Accountability Reports, as required
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Project Completion Summary
Task 2: Targeted Needs Assessment and Technical Assistance Targeted needs assessment and technical assistance will build on the SJRFA-wide Needs Assessment work in Project 2 and will include the following:
• Targeted needs assessment for DUCs through data collection, analysis, and mapping work. This will evaluate the potential for access to safe water via community water system consolidation and other long-term solutions.
• Community-specific “ground-truthing” to verify the collected data through targeted interviews with system operators, those who service domestic wells, and residents of suspected DUCs not fully intersected by community water systems. This work will provide a more complete picture of DUC needs in the Region.
• Technical needs assessment to thoroughly determine the needs of American River Basin DUCs and propose solutions. Solutions will also include evaluation of the planning, technical, managerial, and financial steps needed to achieve them.

Deliverables:
□ Disadvantaged Unincorporated Communities Mapping Data □ Disadvantaged Unincorporated Communities Report
□ List of Interviewees Contacted and Interviewed
□ Written Interview Notes
□ Three-to-Four Top-Priority Assessments
Task 3: Domestic Well User Support
Support domestic well users by conducting outreach, providing free water quality testing, and assisting well users with testing results. Work will include the following:
• Conduct outreach to domestic well users through informational outreach events, soliciting the support of key institutions and institutional actors such as schools and churches to disseminate information, and door-to-door outreach.
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• Provide approximately 150 free water quality testing to low-income households, clusters of households, including state small water systems, and potentially small non-transient noncommunity water systems that are dependent on well water. Testing will focus on groundwater contaminants known to occur in the area and results will be provided to the DAC well users, the State Water Resource’s Control Board (SWRCB), and uploaded to GeoTracker for Groundwater Ambient Monitoring and Assessment (GAMA). Where requested or established as a precondition to undertaking well water quality testing, personally identifying information may be obscured. For example, submitting well names without an associated address or other person-identifying characteristics (e.g., call the well “Well 02”, not “2451MainStWell02”), consistent with guidance provided by the SWRCB’s GAMA Program. • After delivering water quality results to the appropriate household resident(s), provide necessary information and guidance on interpretation of and reaction to the results, including possible modifications, consolidations, new well head treatment, point-of-use (POU)/point-of-entry (POE) treatment, etc.

Deliverables:
□ Outreach Materials
□ Water Quality Results
□ Summary of Technical Assistance Next Steps
Task 4: Identification of Underrepresented Communities (URCs) Conduct approximately 12 interviews with key social service providers, public agency officials, etc., and collect and analyze any existing data on the nexus between water and likely candidate URCs.

Document each interview with notes and write-ups of needs and asset assessments. Produce a written profile for each identified URC, including a description of the URC, relevant demographic information, maps, and photos. Consult with the American River Basin IRWM regional water management group and local stakeholders through in-person meetings to review findings, and identify approximately three URC constituencies to examine further. Potential interventions and solutions will be examined for three chosen URCs and a final URC solution set proposal will be prepared.

Deliverables:
□ Interview Notes and Write-Ups
□ URC Written Profiles
□ Meeting Agendas, Notes, and Sign-In Sheets
□ Final URC Solution Set Proposal
Task 5: Community Education
Coordinate water-related community outreach and education to the American River Basin DAC within the SJRFA. Activities will include a Community Water Forum, a Water Justice Leadership Training, and an Environmental Justice Water Tour. Target audiences for these three activities will include: suspected Disadvantaged Communities and/or households, decision-makers such as local and state elected officials, relevant local and state agency staffers, and other stakeholders including community leaders, such as local elected officials, leaders from civic, faith, labor, and trade associations.

Deliverables:
□ Community Water Forum Agenda, Sign-In Sheets, and Materials □ Water Justice Leadership Training Material
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□ Environmental Justice Water Tour Agenda, Sign-In Sheet, and Materials PROJECT 6: SANTIAGO ISLAND VILLAGE WATER CONSOLIDATION TECHNICAL ASSISTANCE Local Project Sponsor: Contra Costa Water District
The project consists of connecting the Bethel Island Community of Santiago Island Village (SIV), a Severely Disadvantaged Community who is currently reliant on poor quality well water, with the Diablo Water District (DWD) water system. The project will provide SIV with a solution to water quality and storage issues that have been identified by the State Water Resources Control Board (SWRCB).

The project will include outreach to SIV residents, and will result in a successful consolidation of a small community water system with a larger water system.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

Deliverables:
□ Advanced Payment Funding Plan
□ Accountability Reports, as required
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Project Completion Summary
Task 2: Annexation and Inclusion
Amend the service areas of DWD, Contra Costa Water District, and the Central Valley Project (CVP) to include SIV. Apply to the Local Agency Formation Commission (LAFCO) for a boundary reorganization. Complete County surveyor and recorder, and State Board of Equalization requirements for annexation activities. Coordinate with the U.S. Bureau of Reclamation (Reclamation) to Complete the CVP Inclusion Process.

Deliverables:
□ LAFCO Boundary Reorganization Approval
□ Copy of Reclamation’s Inclusion Review Findings
□ Updated service area maps to include SIV
Task 3: Environmental Documentation
Prepare all necessary environmental documentation. It is anticipated this project will be exempt from CEQA compliance. Coordinate with Reclamation to perform Endangered Species Act (ESA) and Section 106 National Historic Preservation Act reviews pursuant to Reclamation’s requirements. #28..
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Deliverables:
□ Copy of Notice of Exemption
□ Legal Challenges Letter
□ Letter certifying completed ESA and Section 106 review Task 4: Permitting
Obtain all necessary federal, state, and local permits. Permits may include:
• Contra Costa County Encroachment Permit
Deliverables:
□ Copy of all required permits
Task 5: Outreach
Develop outreach and educational materials for SIV describing the consolidation process of the SIV well system with DWD water system. Outreach and educational materials will be distributed to SIV residents by the SIV mobile home park management company. Update the East Contra Costa County (ECCC) IRWM website to provide project-specific information on the DAC webpage. Through separate funding, the SWRCB will facilitate three community meetings to further educate and inform SIV residents about the consolidation process.

Deliverables:
□ Outreach Materials
□ Updated IRWM webpage Link
Task 6: Design
Create the plat and legal descriptions to be submitted to LAFCO and the County. Develop plans and specifications for the proposed new infrastructure from the existing water main through water meter and point of connection with SIV.

Deliverables:
□ Plat and Legal Description
□ Final Plans and Specifications
Task 7: Construction Contracting
Develop bid documents; prepare advertisement and contract documents for construction contract bidding; conduct pre-bid meeting, bid opening, and bid evaluation; select contractor; award contract; and issue notice to proceed.

Deliverables:
□ Bid Documents
□ Proof of Advertisement
□ Awarded Contract
□ Notice to Proceed
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Task 8: Construction Administration
Perform inspections during project construction. Manage the construction contractor during work to install the waterline, meters, and backflow devises in the public right-of-way.

Deliverables:
□ Construction Progress Reports
□ Notice of Completion Document
Task 9: Construction/Implementation Activities
Construction of water service infrastructure, including pipelines, meters, and backflow devices.

Infrastructure will include approximately 360 feet of 4-inch PVC pipe from the existing point of connection to two new master meters, to be installed by the construction contractor. This task may include connection fees to be paid to DWD and CCWD to connect SIV to the water system. This task does not include work related to installation of infrastructure from the water meters to SIV’s existing distribution system (on private property)- those fees will be paid for by outside grant funding.

Deliverables:
□ Photographic Documentation
□ Engineers Certification
□ Final As-Built Drawings
□ Final Bacteria Test Reports
□ Receipt of paid connection fees to DWD
Task 10: Assessment
Conduct a review of the annexation and inclusion process, overall implementation of the model project, and feasibility of similar connection projects for other water systems on Bethel Island, all of which is currently identified as a severely disadvantaged community based on DWR’s online Water Management Planning Tool DAC Places 2016 layer. The Assessment will identify potential benefits for the larger Bethel Island community and potential hurdles based on the success of the model project.

Assessment will also address the outreach efficacy and capacity building elements of this project.

Deliverables:
□ Assessment of project implementation
PROJECT 7: EVALUATION OF STORMWATER MANAGEMENT AND GROUNDWATER RECHARGE PROJECTS

IN DRY CREEK WATERSHED
Local Project Sponsor: Stanislaus County
An alternatives analysis will be performed to identify and evaluate potential flood control, detention, stormwater capture, and groundwater recharge projects within the Dry Creek Watershed. The potential projects identified will improve flood risk management in DACs, enhance water resources through groundwater recharge, improve ecosystem functions, and promote multi-benefit uses within the Dry Creek Watershed.

Task 1: Project Administration
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Project administration includes compliance with invoicing and grant reporting requirements detailed in Paragraphs 9 and 17 respectively. Work includes preparation of reports detailing work completed during each reporting period, preparation of invoices and back-up documentation for submittal to DWR via the Grantee, and administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

Deliverables:
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Project Completion Summary
Task 2: Contract Consultant
Prepare and publish a Request for Proposal for the alternatives analysis. Once bids/proposals are received from consultants, evaluate proposals, select, and notify consultants to be interviewed, and develop final ranking of consultants. Following consultant selection, negotiate a contract with the consultant.

Deliverables:
□ Professional Design Services Agreement
Task 3: Conduct Evaluation of Stormwater Management and Groundwater Recharge Projects Conduct an initial DAC stakeholder meeting to cover potential Dry Creek projects and serve as a venue to receive community comments on the projects.

Prepare a technical memorandum that summarizes available hydrologic and hydrogeologic data and the process that will be used to identify potential projects, including conceptual designs, with an emphasis on multi-benefits use. Compile initial GIS database files in support of this work.

Prepare a second technical memorandum that summarizes the approach to project assessment at a high level (project screening). Project evaluation criteria will include the following: consistency with regional flood management goals, consistency with DAC and local stakeholder goals, enhancement of water resources, promotion of multi-benefit uses, and implementation feasibility.

Deliverables:
□ Meeting Minutes and Collected Comments
□ Technical Memorandum 1
□ Initial GIS Database Files
□ Technical Memorandum 2
Task 4: Alternatives Analysis
Identify and evaluate a minimum of ten potential projects, and choose three high-priority potential projects to further investigate and develop in a second future phase of work.

Deliverables:
□ Alternatives Analysis
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PROJECT 8: EASTERN SAN JOAQUIN REGIONAL PLANNING PROJECT Local Project Sponsor: San Joaquin County
A multi-pronged outreach and education approach will be performed to increase engagement in IRWM efforts. Project development work on DAC projects will also occur and may include CEQA documentation, design, alternatives analyses, and permitting.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

Deliverables:
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Project Completion Summary
Task 2: Engagement in IRWM Efforts
Implement a multi-pronged approach to increasing DAC engagement in IRWM efforts in the Region.

Specific components include:
• Identify Outreach Targets and Conduct Initial Outreach and Education: Conduct initial outreach to 20 or more relevant groups and provide educational materials and/or presentation to contacts. Outreach will occur via email, phone, and some in-person meetings in order to identify community members or groups for further outreach efforts and participation in discussion sessions. Initial outreach targets will be identified by, first, seeking the advice of existing environmental justice non-profit contacts in the project area, American River Basin IRWM planning region stakeholders, relevant municipal, county, regional, and state government offices (i.e., departments of welfare, human services, public health, planning, emergency services, council of governments, etc.) and elected officials, and, secondly, by surveying and contacting relevant civic, faith, and other organizations with a high likelihood of having a direct relationship with the target DAC populations. • Local/Regional Discussion Session: Convene approximately 6 local discussion sessions, which will include presentations and discussion of information from the SJRFA-wide Needs Assessment and complementary information. At least one regional discussion session will screen the Human Right to Water film. Notes will be compiled on feedback received and those who emerge as potential resident leaders will be recruited to participate in water justice leadership training.
• Water Justice Leadership and Capacity-Building Training: Conduct a water leadership and capacity-building training with a minimum of 8 participants to build the basic water knowledge, knowledge of water governance, including IRWM and capacity of local residents to engage productively in water decision-making, including in the identification of water challenges and solutions and how to address, fund, and advance them. #28..
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• Regional Water Justice Tour: conduct 2 regional water justice tours of approximately 30 participants. These tours will aim to educate participants on the nature of the problems identified, the communities’ preferred solutions, and to form partnerships to advance those solutions.
• DAC Task Force: Convene 4-6 DAC and Tribal task force meetings within approximately six months. The goal of these meetings will be to routinely and systematically prioritize and advance the interests of DACs and Tribes within the region in reliable access to safe, clean, affordable water for drinking, cooking, personal hygiene, and sanitation, flood risk management, fishing and recreation, and other priorities identified by the group. The “DAC Task Force” is the generic, placeholder name given to the resulting arrangement by which DAC and Tribal representatives are anticipated to integrate into the IRWM governance structure.
• Integrate DAC Task Force into IRWM Governance Structure: Work with the DAC taskforce to integrate with the broader IRWM regional governance structure by means of direct conversation, negotiation, and collaboration with the IRWM regional representatives to incorporate DAC and Tribal voices into the IRWM governance structure.

Deliverables:
□ Outreach Contact List and Call Logs
□ Local/Regional Discussion Session Notes
□ List of Water Justice Leadership and Capacity-Building Training Participants □ List of Regional Water Justice Tour Participants
□ Regional Water Justice Tour Educational Materials
□ DAC/Tribal Roundtable Meeting Agendas, Notes, and Sign-In Sheets □ Presentation, education, and training materials developed and used for this project Task 3: Project Development
Select a project from the Eastern San Joaquin IRWM Plan’s Project list to further develop. Selected project will benefit a DAC or Tribe within the SJRFA. Project development work may include CEQA documentation, design, alternatives analyses, permitting, or other development work.

Deliverables:
□ Final Project Development Materials
□ Planning, Design, and Environmental Documents, if applicable PROJECT 9: MADERA REGIONAL PLANNING PROJECT
Local Project Sponsor: Madera County
Project will include capacity building efforts such as educational workshops, water quality sampling, and a water meter assessment in the Madera IRWM Region, located in the SJRFA.

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DWR via the Grantee, and administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

Deliverables:
□ Advanced Payment Funding Plan
□ Accountability Reports, as required
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Project Completion Summary
Task 2: Capacity Building
Establish a two-year DAC engagement and capacity-building program for regional water management activities in the portion of the Madera IRWM region overlapping the SJRFA. Work will include:
• DAC Coordinating Committee- Outreach, Facilitation, and Ongoing Coordination: Establish a DAC coordination committee that can meet on approximately a monthly basis to discuss DAC needs, ongoing regional water management activities, including new or proposed policies/regulations and/or funding opportunities. The committee will consist of DAC representatives, with RWMG members also attending meetings. Outreach will intentionally connect neighboring communities with one another to develop relationships and cooperation, collaboration, and the sharing of resources and possible services. Ongoing coordination activities include scheduling meetings, developing meeting materials, and providing translation services.
• Education and Capacity Building Activities: Develop educational and outreach materials, coordinate and facilitate at least two educational workshops and one educational tour.

Workshop topics will include IRWM program goals and objectives, regional water needs and multi-benefit projects. The educational tour will provide communities and other IRWM members the opportunity to tour each other’s facilities and obtain a better understanding of common needs and opportunities for shared solutions.
• Facilitate DAC Participation at IRWM Meetings: Work with the DAC coordinating committee to identify DAC representatives that can represent the DAC’s collective interest at the Madera RWMG meeting. Coordination agreements such as Charters and Memorandums of Understanding may be developed to document who/how communities will collaborate, communicate, and make decisions and ultimately represent DAC needs at the IRWM meetings.

Deliverables:
□ Communication Materials including PowerPoint Presentations, Factsheets, and Brochures □ Meeting Agendas, Notes, and Sign-In Sheets
□ Communication/outreach materials, educational materials, list of participants for the workshop and/or tour
□ Coordination Agreements, if applicable
Task 3: Water Quality Sampling
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Design a regional Water Quality Private Well Testing Program for low-income households relying on individual private wells and seek funding to implement the program. Task will include the development of program materials, water quality sampling, and preparation of a project description for inclusion in the Madera IRWM Plan, as described below:
• Develop Program Materials, including program promotional materials, consent to participate forms, and information about common contaminants, possible health impacts, and replacement water options.
• Conduct Water Sampling of at least seven private wells to demonstrate project need.

Contact homeowners and residents to report water quality results and inform about possible health impacts.
• Testing results will be provided to the DAC well users, the State Water Resource’s Control Board (SWRCB), and uploaded to GeoTracker for Groundwater Ambient Monitoring and Assessment (GAMA). Where requested or established as a precondition to undertaking well water quality testing, personally identifying information may be obscured. For example, submitting well names without an associated address or other person-identifying characteristics (e.g., call the well “Well 02”, not “2451MainStWell02”), consistent with guidance provided by the SWRCB’s GAMA Program.
• Prepare Project Description for the implementation of the water well sampling program. This will include a scope of work, budget, and schedule. Project will be placed on the IRWM Plan project list and further funding sources will be explored.

Deliverables:
□ Program Materials
□ Summary of Water Sampling Results
□ Project Description, Scope of Work, Budget, and Schedule □ List of Potential Funding Sources for Project Implementation Task 4: Water Meter Assessment
Prepare a Water Meter Assessment, to include evaluating meter options for four selected Madera County Maintenance Districts or Service Areas solely comprised of DACs. Work will include:
• Project Coordination and Background: Compile community information, discuss communities with metering needs, and any relevant history related to those communities. Visit the four communities and meet with the system operator to gather additional information specific to the metering needs and circumstances of the community.
• Prepare Assessment: Evaluate meter options, which may include manual read meters, drive-by automatic read meters, or cellular automatic read meters. Coordinate with the County to ensure meter options are compatible with existing meters, meter reading systems, and billing systems, as appropriate. Coordinate with vendors to get appropriate product and budgetary cost information. Compare the pros and cons of the identified meter alternatives, and review with the County and/or community water system representatives. Prepare a preliminary option of probable construction cost for the recommended project and prepare a meter assessment report summarizing the findings and recommendations. The report will be used to seek implementation funding when it is available.

Deliverables:
□ Meter Product Information Sheet
□ Preliminary Opinion of Probable Construction Cost
□ Draft Meter Assessment Report
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□ Final Meter Assessment Report
PROJECT 10: MERCED COUNTY WELL SURVEY AND DATABASE
Local Project Sponsor: Merced Irrigation District
Conduct a field survey of wells in the Merced Groundwater Basin in Merced County that are within DACs or EDAs or that directly serve DACs/EDAs.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

Deliverables:
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Project Completion Summary
Task 2: Well Survey and Database
Merced Irrigation District, the Merced Area Groundwater Pooled Interest CASGEM representative, acting on behalf of the 17 different entities participating in that group, will conduct a field survey of approximately 248 wells in the Merced Groundwater Basin in Merced County that are within DACs or EDAs or that directly serve DACs/EDAs. The few private wells included in the survey are included in CASGEM and have willingly volunteered for this survey. This project will help support SGMA modeling and data efforts, and those wells that are a part of CASGEM will continue to be updated with the information gathered with this survey. There are some wells that will be sampled that are not a part of CASGEM, but will be included in the survey and therefore included in SGMA analysis. Work includes:
• Survey approximately 248 well locations using North American Datum 1983 (NAD83). • Measure the ground surface elevation and reference point elevation at each well. Using the North American Vertical Datum 1988 (NAVD88).
• Take two reference photographs- one showing the entire wellhead and survey points and one showing the reference point that was surveyed.
• Gather pertinent information such as well construction, status, and condition. • Conduct quality assurance and control measures throughout the survey.

The new survey data will be incorporated into a single Microsoft Excel database that is compatible with Merced Irrigation District's HydroDMS database. The survey will bring all wells to a single common datum and will verify the surface data and reference points. This will ensure that the proper measuring point for depth to groundwater is confirmed or adjusted in each well.

Deliverables:
□ Report of Survey Activities and Findings
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□ Electronic Database of Survey Results Linked with Photographs PROJECT 11: SUPPORT FOR DAC INVOLVEMENT IN WESTSIDE-SAN JOAQUIN (WSJ) IRWM PLANNING Local Project Sponsor: San Luis & Delta-Mendota Water Authority Conduct a new call for projects, project prioritization, and directed outreach efforts to DACs, including stakeholder meetings, to ensure project participation and submittals. Prepare application for implementation funding on behalf of the WSJ region, comprised of approximately two DAC projects that will benefit the WSJ region within the SJRFA. Work also includes an update the WSJ IRWM Plan project list and other sections, as necessary.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

Deliverables:
□ Advanced Payment Funding Plan
□ Accountability Reports, as required
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Project Completion Summary
Task 2: Support for DAC Involvement in Westside-San Joaquin IRWM Planning Support for DACs during the WSJ IRWM Plan call for projects, focused outreach activities, and update select sections of the WSJ IRWM Plan related to DACs. Specific work will include:
• Support DACs in Project Solicitation and Prioritization: Facilitate a call for projects for inclusion in the WSJ IRWMP. Perform focused DAC outreach via email and phone calls in order to encourage and support submittal of DAC projects to the Plan. Solicit projects through a webbased format, and provide technical support to DACs during project solicitation. If DACs request additional support, work with the DAC to submit the project on their behalf. • Stakeholder/DAC Outreach: Update the stakeholder contact list with a focus on identifying representatives from tribes or tribal trust lands, DACs, and underrepresented communities. This list will be used for all IRWM updates. Conduct two public workshops in the WSJ IRWM Region, which is delineated as being 96 percent DAC or SDAC areas. The first workshop is planned for announcement of the IRWM plan update and the project solicitation period and the second workshop will be to announce the public draft requesting comments on the updated WSJ IRWM Plan, including comments from DACs. Perform focused outreach to DACs to help identify and address critical water supply, water quality, and wastewater needs for these communities. Conduct focused outreach calls to DAC contacts to inform them of the WSJ IRWMP update process, ways to participate in IRWM planning, and the opportunity to submit projects to the WSJ IRWMP. Individual, in-person DAC meetings will also be held if requested. #28..
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• Prepare DAC-Specific Text: Update relevant sections of the WSJ IRWMP to reflect the RWMG’s understanding of DAC status, needs, and involvement, and describe outreach work completed as part of this task. DAC-related updated will be focused in the following chapters:

Governance; Project Solicitation and Prioritization; Financing; and Stakeholder Involvement.

DAC-related updates will include information on regional coordination with DACs, funding for DAC projects, WSJ IRWMP projects, and stakeholder participation in WSJ IRWMP activities, including strategies to encourage DAC engagement, and identification of barriers to DAC participation. The support to DACs during project solicitation and prioritization, and stakeholder/DAC outreach conducted under this task will be described in the WSJ IRWMP, as applicable.

Deliverables:
□ Final Project Solicitation Templates
□ List of DACs and Native American Tribal Communities, including contact information □ DAC and Tribal Communities and a Tracking Spreadsheet □ Notes on up to 10 focused outreach calls to DAC representatives Task 3: Prepare and Submit Proposition 1 IRWM Implementation Grant Application Prepare a Proposition 1 IRWM Implementation Grant Application that includes approximately two projects that benefit DACs within the WSJ region located within the SJRFA. Complete draft application and circulate to project proponents for review. Based on comments received, finalize and submit application.

Deliverables:
□ Draft and Final Application
PROJECT 12: SJRFA DAC TECHNICAL ASSISTANCE
Local Project Sponsor: Contra Costa Water District
SJRFA-wide technical assistance with a focus on developing needs identified during the Project 2 Needs Assessment to support inclusion of DAC projects in future implementation grant applications.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

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Task 2: Local Technical Assistance
Provide local technical assistance to DACs in order to help them address a variety of issues, such as improving water and wastewater infrastructure, meeting regulatory requirements, and managing finances. Task will include general technical assistance, such as guiding DACs to technical and funding resources, as well as more focused tasks, which may include items such as:
• Detailed median household income survey to confirm DAC status • Infrastructure assessment
• Rate assessment
• Leak detection
• Digitization of system information
• Energy analyses
• Master plan
• Regulatory compliance/permitting
The work performed under this task will build on the Needs Assessment conducted under Project 2.

Specific technical assistance projects will be chosen from those identified during the Needs Assessment and will be selected by the SAC through a consensus-based approach.

Deliverables:
□ Surveys, Reports, Plans, or Databases, as applicable
Task 3: Project Planning/Environmental Documentation/Design Task includes project development work to move DAC projects towards being ready for construction, allowing for not only project implementation, but also inclusion in future grant applications for securing construction funding. Projects that are ready for additional planning work, environmental documentation, or design will be identified by the SAC. These projects may be drawn from IRWM Plans, Urban Water Management Plans, master planning documents, recommended by individual IRWM Regions, or identified as part of the Needs Assessment. The necessary steps for each of the selected projects will be well-defined as a condition of selecting them for further development under this task and may include preparation of preliminary design reports (project scopes, budgets, and schedules), potential design and engineering reviews, and environmental compliance. The SAC will collaboratively decide which projects should be selected for additional project development work.

Following project selection, planning, environmental, or design work will occur. Work under this task may also include assisting DACs with developing materials for inclusion in a Proposition 1 IRWM Implementation grant application.

Deliverables:
□ Planning, Environmental, or Design Documentation, as appropriate □ Work plans, budgets, and schedules for Proposition 1 IRWM Implementation grant applications for projects identified by the SAC through this task, as appropriate PROJECT 13: SJRFA DAC CAPACITY BUILDING
Local Project Sponsor: Contra Costa Water District
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Additional SJRFA-wide outreach and capacity building activities with a focus on needs identified during the Project 2 Needs Assessment. This Project will also create a small community toolbox to facilitate small utilities projects, individual focused Needs Assessments, and additional workshops, training, and education.

Prepare a Project Completion Summary for inclusion within the SJRFA Final Grant Completion Report summarizing work completed under the grant agreement.

Deliverables:
□ Advanced Payment Funding Plan
□ Accountability Reports, as required
□ Quarterly Progress Reports
□ Quarterly Invoices and Backup Documentation
□ Project Completion Summary
Task 2: Community Outreach/Capacity Building
Perform community outreach to develop relationships with DACs and capacity building to increase DACs’ ability to engage with water management activities in their area. Focused community outreach will be identified through the Needs Assessment and will occur through contracted consultant staff and/or IRWM representatives visiting communities at appropriate time and venues, such as existing board meetings. This task also includes the development of outreach materials, such as brochures, that explain IRWM planning or other topics as applicable Building on the community outreach component, work to build capacity in DACs. This work is conducted with the goal of enabling DACs to engage more fully with water management activities, and may include hosting a workshop for DAC representatives and IRWM representatives to share information and develop and maintain effective upstream/downstream communication. Capacity building efforts may include focused workshops where DACs and IRWM Region representatives identify needs, review existing information, identify resources, and develop solutions. Other work may include development of coordination agreements to support DACs in representing their needs during the IRWM planning process.

Deliverables:
□ Meeting Agendas, Notes, Brochures and Sign-In Sheets
□ Outreach Materials
Task 3: Small Community Toolbox
Create a Small Community Toolbox to facilitate small utilities projects including project development, funding, implementation, and system operation and maintenance. The Toolbox aims to provide small utilities with a central repository for resources related to these projects. The Toolbox will include items #28..
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such as documents, maps, and web links. More specifically, the Toolbox could contain resources to assist with items such as the following:
• Navigating funding programs document
• Cost estimating spreadsheet
• Permitting handbook
• CEQA/NEPA exemptions and checklists
• Rate setting document
• Capital improvement planning document
• Community networking matrix
The web-based Toolbox will be focused on resources that will be the most useful to small utilities within the SJRFA, which will likely be identified during the Needs Assessment.

Deliverables:
□ Small Community Toolbox resources and website link
Task 4: Focused Assessments
Complete individualized Needs Assessments for up to seven additional DAC water systems or locations in the SJRFA. Although prior needs assessments have been conducted within the SJRFA, opportunities still exist to identify DAC needs throughout the SJRFA, including in areas that are not represented by an IRWM Region, or to drill down into more detail on previously identified DAC issues.

Focused assessments will examine capacity and quality of service in water supply, wastewater, and/or flood control systems. Assessments will include outreach to small utility providers.

Additionally, workshops will be held to determine community needs and priorities. Surveys may also be conducted to inform future projects such as capacity-building. Focused assessments will be completed by the contracted consultant team.

Deliverables:
□ Individual Focused Needs Assessment Reports
Task 5: Workshops, Training, and Education
Provide learning opportunities for DACs by coordinating training meetings, as well as the development of educational materials (translated, if necessary), workshop curricula, and education meeting agendas. Materials may also include educational videos. Approximately seven meetings will be held throughout the SJRFA, with specific attention paid to making these meetings accessible to DACs (in location and timing). Educational tours may also be conducted. Workshops and materials developed under this task may address topics such as IRWM Planning, funding opportunities, water conservation, water quality, wastewater, and groundwater sustainability management. Workshops, training materials, and educational materials will be planned in detail based on the findings of the Needs Assessment conducted under Task 2.

Deliverables:
□ Workshop and Training Materials
□ Meeting Agendas, Notes, and Sign-In Sheets
□ Curricula
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EXHIBIT B
BUDGET
Task Local Project Sponsor Disadvantaged Community Involvement Project Grant Amount
1 San Luis & Delta-Mendota
Water Authority Grant proposal and Administration Assistance $192,203 2 San Luis & Delta-Mendota
Water Authority DAC Needs Assessment $107,337
3 Contra Costa Water District Grant Administration $180,659 4 Contra Costa Water District SJRFA IRWM Region Coordination $177,693 5 Regional Water Authority,
The Environmental Justice
Coalition for Water
DAC and URC Water Education and Improvement
Project $148,000
6*
Contra Costa Water District Santiago Island Village Water Consolidation Technical Assistance $147,983
7*
Stanislaus County Evaluation of Stormwater Mgmt. & Groundwater Recharge Projects in Dry Creek Watershed $147,718
8 San Joaquin County Eastern San Joaquin Regional Planning Project $148,000 9 Madera County Madera Regional Planning Project $148,000 10 Merced Irrigation District Merced County Well Survey and Database $148,000 11 San Luis & Delta-Mendota
Water Authority
Support for DAC Involvement in Westside-San Joaquin
IRWM Planning $132,084
12 Contra Costa Water District SJRFA DAC Technical Assistance $835,323 13 Contra Costa Water District SJRFA DAC Capacity Building $587,000 Total $3,100,000
*Although not required, there are cost share funds being used for these projects from either the Local Project Sponsor or the State Water Resources Control Board.
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EXHIBIT C

SCHEDULE
Project Jan.
2018
Apr.
2019
Jul.
2019
Oct.
2019
Jan.
2019
Apr.
2020
Jul.
2020
Oct.
2020
Jan.
2020
Apr.
2021
Jul.
2021
Oct.
2021
Jan.
2021
Apr.
2022
Jul.
2022
1 Grant Proposal and Administration
Assistance
2 DAC Needs Assessment
3 Grant Administration
Executed Agreement *
Quarterly Reports * * * * * * * * * * * * * *
Final Report *
4 SJRFA IRWM Region Coordination
5 DAC and URC Water Education and
Improvement Project
6 SIV Water Consolidation Technical
Assistance
7 Evaluation of Stormwater Mgmt.
and Groundwater Recharge
Projects in Dry Creek Watershed
8 Eastern San Joaquin Regional
Planning Project
9 Madera Regional Planning Project
10 Merced County Well Survey and
Database
11 Support for DAC Involvement in
Westside-San Joaquin IRWM
Planning
12 SJRFA DAC Technical Assistance
13 SJRFA DAC Capacity Building
* Asterisk connotes a single event within a month (it could be 'executed' or submitted at any time within that month) ** Projects 1-4, 12, and 13 are Funding Area wide while Projects 5-11 are IRWM Region specific #28..
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EXHIBIT D

STANDARD CONDITIONS
D.1) ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:
a) Separate Accounting of Funding Disbursements and 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 and disbursements 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 and be placed in a non-interest bearing account.
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 Projects or using any data and/or information developed under this Grant Agreement. During construction of each project, Grantee shall install a sign at a prominent location, which shall include a statement that the project is financed under Water Quality, Supply and Infrastructure Improvement Act of 2014, 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.

D.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 §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.

D.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.
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D.5) 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 Projects, with the costs of such audit borne by State.

After completion of the Projects, State may require Grantee to conduct a final audit to State’s 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 12 or take any other action it deems necessary to protect its interests.

Pursuant to Government Code §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.8) BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for the Proposition 1 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, by Executive Order, or by order of the Department of Finance, 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 §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://resources.ca.gov/ceqa/ California State Clearinghouse Handbook:
https://www.opr.ca.gov/docs/SCH_Handbook_2012.pdf
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D.11) CHILD SUPPORT COMPLIANCE ACT: For any Grant Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code §7110, 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 §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) calendar 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.

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, §1090 and Public Contract Code, §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.
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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, Government 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 §8355(a)(1). b) Establish a Drug-Free Awareness Program, as required by Government Code §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 §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 #28..
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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 Projects 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.

D.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.

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 #28..
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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) 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 subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, §7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §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.29) 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 §10295.3.

D.30) 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.

D.31) 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.32) 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 §11200 in accordance with Public Contract Code §10353.

D.33) 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 Projects, 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 #28..
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State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.34) 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.35) RETENTION: Notwithstanding any other provision of this Grant Agreement, State may, for each project, withhold five percent (5.0%) 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 17, “Submissions of Reports”, 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 “Final Report” is submitted to and approved by State. State shall disburse retained funds to the Grantee.

D.36) 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., Government 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.37) 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.38) STATE REVIEWS: The parties agree that review or approval of project 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 projects.

D.39) 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.40) 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 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.

D.41) 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 #28..
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so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

D.42) TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, 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 12.

D.43) TERMINATION WITHOUT CAUSE: The State may terminate this Grant Agreement without cause on 30 calendar days advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.44) THIRD PARTY BENEFICIARIES: The parties to this Grant 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.

D.45) TIMELINESS: Time is of the essence in this Grant Agreement.

D.46) TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Agreement. Travel and per diem expenses to be reimbursed under this Agreement shall be at the same rates the State provides for unrepresented employees in accordance with the provisions of Title 2, Chapter 3, of the California Code of Regulations and shall be reimbursed consistent with the rates current at the time of travel. These rates are published at:
http://www.calhr.ca.gov/employees/Pages/travel-meals.aspx, or its successor website. For the purpose of computing such expenses, Grantee’s designated headquarters shall be: 1331 Concord Ave, Concord, CA 94520. No travel outside the San Joaquin River Funding Area shall be reimbursed unless prior written authorization is obtained from the State’s Project Manager.

D.47) VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.48) 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.

D.49) WORKERS’ COMPENSATION: Grantee affirms that it is aware of the provisions of §3700 of the 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.
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EXHIBIT E

AUTHORIZING RESOLUTION
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EXHIBIT F

LOCAL PROJECT SPONSORS
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:

Sponsored Project Sponsor Agency Agency Address
Project 1 – Grant Proposal and
Administration Assistance
San Luis & Delta-Mendota
Water Authority
P.O. Box 2157
Los Banos, CA 93635
Project 2 – DAC Needs
Assessment
San Luis & Delta-Mendota
Water Authority
P.O. Box 2157
Los Banos, CA 93635
Project 3 – Grant Administration Contra Costa Water District P.O. Box H20 Concord, CA 94524
Project 4 – SJRFA IRWM Region
Coordination
Contra Costa Water District P.O. Box H20
Concord, CA 94524
Project 5 – DAC and URC Water
Education and Improvement
Project
Regional Water Authority

Environmental Justice
Coalition for Water
5620 Birdcage St #180
Citrus Heights, CA 95610
P.O. Box 188911
Sacramento, CA 95818-8911
Project 6 – Santiago Island Village
Water Consolidation Technical
Assistance
Contra Costa Water District P.O. Box H20
Concord, CA 94524
Project 7 – Evaluation of
Stormwater Management and
Groundwater Recharge projects
in Dry Creek Watershed
Stanislaus County
1010 Tenth Street, Suite 4200
Modesto, CA 95354
Project 8 – Eastern San Joaquin
Regional Planning Project
San Joaquin County P.O. Box 1810
Stockton, CA 95201-3018
Project 9 – Madera Regional
Planning Project
Madera County 200 West Fourth St.

Madera, CA 93637
Project 10 – Merced County Well
Survey and Database
Merced Irrigation District 744 W 20th St
Merced, CA 95340
Project 11 – Support for DAC
Involvement in Westside-San
Joaquin IRWM Planning
San Luis & Delta-Mendota
Water Authority P.O. Box 2157
Los Banos, CA 93635
Project 12 – SJRFA DAC Technical
Assistance
Contra Costa Water District P.O. Box H20
Concord, CA 94524
Project 13 – SJRFA DAC Capacity
Building
Contra Costa Water District P.O. Box H20
Concord, CA 94524
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EXHIBIT G

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A (Work Plan):
• Estimate of percent work complete.
• Milestones or deliverables completed during the reporting period. • Discussion of work accomplished during the reporting period and submission of deliverables per Exhibit A.
• Scheduling concerns and issues encountered that may delay completion of the task. • Work anticipated for the next reporting period.
• Updated schedule or budget inclusive of any changes that have occurred.

FINAL REPORT
The Final 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.

Stakeholder Summary
• General description of water management needs of DACs, Economically Distressed Areas (EDAs), and underrepresented communities at the Funding Area learned from the activities performed in this program
• General summary of DACs, EDAs, and underrepresented communities involved in IRWM efforts through this Program
• Map(s) identifying all DACs, EDAs, and underrepresented communities with IRWM regions learned from the activities performed in this program
Involvement Activity Summary
• General description of involvement activities performed in this Program, including both successful and unsuccessful involvement activities
• Identification of projects developed from the DAC involvement activities, if applicable Findings
• Needs Assessment
o Narrative summary of community characteristics identified and specific community water management needs and resources (technical, managerial, and financial) to address the needs of DACs, EDAs, and underrepresented communities o Needs Assessment template table filled in (at the community level) • Identification of ongoing barriers for DAC involvement in IRWM efforts #28..
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• Recommendations for water managers on future DAC involvement activities in IRWM efforts
Looking into the Future
• Next steps for the IRWM regions to continue DAC involvement efforts References
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EXHIBIT H

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 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/gama/geotracker_gama.shtml. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program.

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/.
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EXHIBIT I

STATE AUDIT DOCUMENT REQUIREMENTS 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:

1. 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.

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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:

1. List of all contractors and Grantee staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor’s staff and the Grantee’s staff Project Files:

1. All supporting documentation maintained in the Program/Project files.

2. All Grant Agreement related correspondence.
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LOCAL PROJECT SPONSOR AGREEMENT
by and between

CONTRA COSTA WATER DISTRICT AND CITY OF MODESTO
for the

DEPARTMENT OF WATER RESOURCES
2021 URBAN AND MULTIBENEFIT DROUGHT RELIEF GRANT PROGRAM Through this Local Project Sponsor Agreement by and between Contra Costa Water District (CCWD), a California special district, and City of Modesto, a California municipal corporation, each a “Local Project Sponsor” or collectively referred to as “parties,” the parties hereby agree as follows:

Recitals:

A. WHEREAS, the State of California, Department of Water Resources (DWR) 2021 Urban and Multibenefit Drought Relief Grant Program (Grant Program) made available set-aside funding for drought relief projects that support underrepresented communities and Native American Tribes via the existing Proposition 1 Integrated Regional Water Management (IRWM) Disadvantaged Community (DAC) Involvement Program; and B. WHEREAS, the City of Modesto (Modesto) is a participating agency in the Integrated Regional Water Management (IRWM) activities in the San Joaquin River Funding Area (SJRFA) and had an eligible project meeting the Grant Program guidelines and solicitation requirements; and
C. WHEREAS, as the administrator of the SJRFA’s Proposition 1 IRWM DAC Involvement Program Grant Agreement, CCWD submitted a proposal to the Grant Program on behalf of the Modesto to secure funding for an implementation project that will benefit an underrepresented community and provide drought-related relief and benefits to the SJRFA; and
D. WHEREAS, DWR and CCWD entered into Agreement No. 4600014796 (Grant Agreement) awarding to CCWD a grant for One Million Dollars ($1,000,000) in State funding (State Grant) from the Grant Program to be expended over the grant period that extends from March 18, 2022 until December 31, 2024 when the Work Plan will be completed. The Grant Agreement is attached hereto and incorporated herein as if fully set forth and is Attachment A to this Local Project Sponsor Agreement; and
E. WHEREAS, in accordance with Exhibit I Local Project Sponsors and Project Locations of the Grant Agreement, CCWD shall assign Local Project Sponsor to act on behalf of CCWD for the purposes of individual project management, oversight, compliance, operations and maintenance, and implementation of their respective component parts of the Work Plan (generically referred to as “Local Projects”) included in the Grant Agreement; and F. WHEREAS, the Grant Agreement contains a Work Plan, Budget, and Schedule describing the responsibilities of each Local Project Sponsor and commitments thereof; and #28..
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G. WHEREAS, by this Local Project Sponsor Agreement, CCWD assigns, and Modesto accepts the responsibilities and obligations described in the preceding two paragraphs, which are described elsewhere in this Local Project Sponsor Agreement and the Grant Agreement; and
H. WHEREAS, CCWD will provide necessary financial and grant administration services associated with implementing the Grant Agreement and this Local Project Sponsor Agreement, including, but not limited to: negotiation and execution of the Grant Agreement and the Local Project Sponsor Agreement, coordination and submittal of reports and invoices as required by the Grant Agreement, coordination and submittal of Grant Agreement amendments as necessary, and general coordination with DWR and Local Project Sponsor throughout the term of the Grant Agreement; and I. WHEREAS, the process by which Local Project Sponsor will submit reimbursement requests to CCWD, and how CCWD will disburse the State Grant to Local Project Sponsor, will be governed by this Local Project Sponsor Agreement; and
J. WHEREAS, this Local Project Sponsor Agreement is intended to protect CCWD from liability for executing the Grant Agreement on behalf of the Local Project Sponsor.

NOW, THEREFORE, based on the foregoing recitals, it is hereby agreed between the parties as follows:

AGREEMENT
The recitals set forth above constitute an integral part of this Agreement and are incorporated by this reference as if fully set forth herein.

1. Term of Agreement
A. This Local Project Sponsor Agreement shall commence and be effective, as between CCWD and a Local Project Sponsor, upon the date of its execution by both CCWD and that Local Project Sponsor.

This Agreement will remain in effect so long as the Grant Agreement between CCWD and DWR is in effect, or until terminated by CCWD or the Local Project Sponsor pursuant to the terms of this Local Project Sponsor Agreement, or until the Grant Agreement is terminated by DWR or CCWD pursuant to the terms of the Grant Agreement. As provided in the Grant Agreement, however, all work shall be completed by December 31, 2024, in accordance with Exhibit C Schedule of the Grant Agreement and no funds may be requested after March 31, 2025.

2. State Grant Share and Matching Funds
A. CCWD will disburse up to One Million Dollars ($1,000,000) of the State Grant in accordance with the amounts listed in Exhibit B Budget of the Grant Agreement. To be eligible to receive State Grant funds, Local Project Sponsor will implement the local project as described in Exhibit A Work Plan of the Grant Agreement.
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B. In accordance with Exhibit B Budget in the Grant Agreement, the Local Project Sponsor has committed to expending and documenting, as required by the terms of the Grant Agreement, the required Non-State and Other Cost Share amounts required to fulfill the funding match requirements of the Grant Agreement. Any Local Project Sponsor inability to document the required cost share amounts may result in reduced State Grant fund eligibility and dispersal until such time as compliance with cost share requirements is evidenced and accepted pursuant to the Grant Agreement.

C. Pursuant to Grant Agreement requirements as described more fully in Attachment A to this Agreement, Local Project Sponsor may invoice CCWD for grant share reimbursement for eligible costs incurred after March 18, 2022 in their first invoice. Subsequent invoices may include eligible costs incurred by Local Project Sponsor during the reporting quarter. If total Local Project costs exceed that provided by the State Grant and cost share commitments, any additional funding match necessary to complete the Local Project will be documented by Local Project Sponsor in the Project Completion Report (described in Paragraph 5 Reporting in this Local Sponsor Agreement and as more fully described in the Grant Agreement).

3. Obligations of Local Project Sponsor
A. Local Project Sponsor is, and at all times will continue to be, in full compliance with the terms and conditions of the Grant Agreement that are applicable to them as a sub-recipient of the State Grant. In accordance with the Grant Agreement, Local Project Sponsor shall act on behalf of CCWD in the fulfillment of CCWD’s responsibilities specified in the Grant Agreement with respect to their Local Project(s) only. Local Project Sponsor understands and agrees that for purposes of the foregoing, and to the greatest extent allowed by law, any requirements and responsibilities imposed upon CCWD as Grantee under the Grant Agreement are hereby passed-through to, and acknowledged and expressly agreed to by Local Project Sponsor, as obligations of the Local Project Sponsor, excepting only CCWD’s obligations as defined in Paragraph 4 of this Local Project Sponsor Agreement. Further, the Local Project Sponsor acknowledges and agrees to comply with any requirements directly imposed on the Local Project Sponsor pursuant to the Grant Agreement.

B. Local Project Sponsor must maintain all financial records associated with the total project costs of their respective Local Projects for inclusion in the Project Completion Report and all other reporting provided for herein.

C. Local Project Sponsor shall not, whether by act or omission, cause CCWD to be in violation of any provision of the Grant Agreement or, whether by act or omission, fail to meet any requirement of this Local Project Sponsor Agreement or the Grant Agreement.

D. Local Project Sponsor shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, now existing and as such may change from time-to-time. Any such laws, rules, regulations, ordinances, and directives required thereby to be included in the Grant Agreement or this Local Project Sponsor Agreement are incorporated herein by reference. #28..
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4. Obligations of Contra Costa Water District
A. CCWD shall disburse State Grant funds as required or permitted by the Grant Agreement.

Notwithstanding the foregoing, CCWD is not obligated to disburse any State Grant funds to Local Project Sponsor until such funds are authorized and disbursed from DWR to CCWD in accordance with the Grant Agreement requirements.

B. CCWD will promptly notify Local Project Sponsor in writing of any notices given or actions taken by DWR if such notices or actions are likely to affect the Local Project Sponsor’s performance, duties, obligations or funding under this Local Project Sponsor Agreement, including but not limited to notices from DWR regarding alleged default by CCWD or the Local Project Sponsor under Paragraph 10 of the Grant Agreement.

C. Commencing with DWR’s State Grant eligibility date of March 18, 2022 and continuing until termination of the Grant Agreement, CCWD will undertake and complete all administrative and management responsibilities under the Grant Agreement that are not related solely to Local Projects.

CCWD has incurred, and will continue to incur, costs for administrative and management responsibilities under the Grant Agreement that are not related solely to Local Projects. At the time of original execution of the Grant Agreement, the State Grant allocates Thirty Thousand Dollars ($30,000) for Grant Agreement and Local Project Sponsor Agreement administration by CCWD in accordance with the requirements of the Grant Agreement.

5. Reporting
A. In accordance with the terms of the Grant Agreement, CCWD is obligated to submit reports to DWR throughout the term of the Grant Agreement. As such, Local Project Sponsor will provide CCWD with the required data for the Local Project(s) for which each Local Project Sponsor is responsible in accordance with the reporting and submittal requirements described in this section, Paragraph 12 Submission of Reports in the Grant Agreement, and Exhibit F Report Formats and Requirements of the Grant Agreement. Notwithstanding the reporting schedule described in this section, CCWD may, at any time, request any additional information from Local Project Sponsor pursuant to any Grant Agreement modification or that may be deemed necessary by CCWD in its sole discretion to provide adequate and sufficient documentation of Local Project status for the purposes of meeting the reporting requirements in the Grant Agreement. Local Project Sponsor agrees to timely provide any such additional information as requested by CCWD.

B. All documentation and 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 CCWD and the State. Reports shall be presented in the formats described in the applicable portion of Exhibit F of the Grant Agreement.
i. Quarterly Progress Reports: On a quarterly basis, CCWD will prepare a Progress Report and submit it to DWR in accordance with the terms of the Grant Agreement. On a quarterly schedule established by CCWD, Local Project Sponsor will provide CCWD with the required documentation for their respective Local Projects in electronic format using a Progress #28..
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Report template developed by CCWD. Progress Reports shall provide a brief description of the work performed during the reporting period, including: Local Project Sponsor activities, estimate of percent of work complete, milestones achieved, accomplishments, concerns or problems encountered, work anticipated for the next reporting period, and updated schedule or budget inclusive of any changes that have occurred.
ii. Project Completion Report: Pursuant to the Grant Agreement, CCWD will submit a separate Project Completion Report for each project included in Exhibit A Work Plan of the Grant Agreement within ninety (90) calendar days of Local Project completion. Local Project Sponsor will prepare this report on behalf of CCWD in accordance with the requirements described in Exhibit F Reports Formats and Requirements in the Grant Agreement. Local Project Sponsor will submit to CCWD a draft of the Project Completion Report within sixty (60) calendar days of Local Project completion or within sixty (60) days of execution of this Local Project Sponsor Agreement by a Local Project Sponsor, whichever is later. Local Project Sponsor will be responsive to CCWD’s and DWR’s questions or inquiries necessary to finalize the report.
iii. Grant Completion Report: Pursuant to the Grant Agreement, CCWD will submit a Grant Completion Report within ninety (90) days of submitting the Project Completion Report for the final project to be completed under the Grant Agreement. CCWD will prepare this report on behalf of the Local Project Sponsor in accordance with the requirements described in Exhibit F Reports Formats and Requirements in the Grant Agreement. Local Project Sponsor will be responsive to CCWD’s and DWR’s questions or inquiries necessary to finalize the report. iv. Post-Performance Reports: Pursuant to the Grant Agreement, CCWD will submit PostPerformance reports for each Local Project in the Grant Agreement. Post-Performance Reports must be submitted to the State within ninety (90) calendar days after the first performance year of a project has elapsed, and the reporting process shall be repeated annually for a total of three (3) years after the project begins operation. Local Project Sponsor will prepare this report on behalf of CCWD in accordance with the requirements described in Exhibit F Reports Formats and Requirements in the Grant Agreement. Local Project Sponsor will submit Post-Performance reports directly to DWR and provide a copy of the report and proof of submittal to CCWD until such requirements are completed.

C. Failure of an individual Local Project Sponsor to meet reporting deadlines established by CCWD, which may cause noncompliance with the requirements of the Grant Agreement, constitutes a breach of this Local Project Sponsor Agreement and is cause for termination of the noncompliant Local Project Sponsor’s participation in the Local Project Sponsor Agreement and the Grant Agreement. Each Local Project Sponsor will continue to report its activities throughout the State Grant period until the Local Project is completed.

6. Method of Payment
A. Pursuant to the Grant Agreement, there are two methods of payment available to CCWD, and thereby to Local Project Sponsor, including (a) reimbursement and (b) advanced payment. Both methods require that Local Project Sponsor submits only costs that are eligible project costs as specified in the #28..
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Grant Agreement. DWR will withhold a percentage of payment on each quarterly invoice (“retention”) of 10% of the invoice amount. If a percentage of grant funds is withheld by DWR for any Local Project in the Grant Agreement, CCWD will withhold the same percentage from payment on Local Project Sponsor’s invoices.
i. Reimbursement – Reimbursement is the typical payment method for state grants and involves invoicing and repayment of project costs in arrears. Reimbursement will be the default payment method for State Grant funds.

Under the Reimbursement method of payment, CCWD will solicit invoices for eligible project costs at the same frequency and timing as the quarterly Progress Reports. CCWD will solicit invoices no more than quarterly. Along with invoices submitted to CCWD, Local Project Sponsor must also submit backup documentation that sufficiently supports claimed costs. If invoice and sufficient backup documentation is not received by CCWD from the Local Project Sponsor by the timing established by CCWD corresponding to quarterly Progress Reports due dates, the individual Local Project Sponsor invoice(s) will not be included in the submittal to DWR and payment of the Local Project Sponsor costs will be delayed until a future quarter.

CCWD will remit payment of Local Project Sponsor’s invoice(s) within thirty (30) business days of receipt of State Grant funds from DWR. CCWD will remit payment of withheld retention, if applicable, to Local Project Sponsor(s) within thirty (30) business days of receipt of retained State Grant funds from DWR.

Invoices submitted to CCWD, and thereafter by CCWD to DWR, for Reimbursement shall include the information specified in Paragraph 7 Method of Payment in the Grant Agreement. ii. Advanced Payment – Local Project Sponsor has declined Advanced Payment. As such, this option will not be available as a payment method under this grant program.

7. Third Party Beneficiaries
If more than one Local Project Sponsor Agreement is executed between CCWD and responsible agencies identified in the Grant Agreement, Local Project Sponsor acknowledges and affirms that every other responsible agency specified in the Grant Agreement is a third party beneficiary of this Local Project Sponsor Agreement and that Local Project Sponsors of this agreement are third party beneficiaries of every other Local Project Sponsor Agreement executed for the purposes of implementing the Grant Agreement.

8. Communication
All notices or notifications under this Local Project Sponsor Agreement shall be in writing addressed to the persons set forth in this section.
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All notices or notifications to CCWD shall be sent to:

Maggie Dutton
Contra Costa Water District
P.O. Box H20
Concord, CA 94524
Email: [email protected]
All notices or notifications to City of Modesto shall be sent to:

Robert Davalos
City of Modesto
1010 10th Street
Modesto, CA 95353
Email: [email protected]

9. Flow Through of Specific Grant Requirements
Parties will comply with all applicable provisions of the Local Project Sponsor Agreement and Grant Agreement, including, but not limited to, the provisions found in Exhibit D Standard Conditions of the Grant Agreement. In the event of any termination, pursuant to Section 18 of this Local Project Sponsor Agreement, a Local Project Sponsor whose Local Project Sponsor Agreement has been terminated, will comply with all applicable provisions of the Local Project Sponsor Agreement and Grant Agreement which by their terms survive termination.

10. Inspection of Records
Pursuant to the Grant Agreement, DWR is entitled to inspect and obtain copies of any records pertaining to the program. Local Project Sponsor is required to make available for such inspections accurate records of all costs, disbursements, and documentation as necessary to comply with the requirements of the Grant Agreement. Local Project Sponsor hereby expressly agrees to comply with these requirements. Local Project Sponsor shall retain program and project records in accordance with the requirements of Exhibit H State Audit Document Requirements for the Grantee of the Grant Agreement.

11. Indemnification
A. CCWD shall defend, indemnify, and hold Local Project Sponsor and its respective members, elected and appointed officers, employees, and agents harmless from any and all liability, actions, claims, costs, and expenses, including attorneys’ fees, caused by the willful misconduct or sole negligence of CCWD, its officers, directors, agents, or employees in CCWD’s performance under this Local Project Sponsor Agreement, except to the extent caused directly or indirectly by the negligent acts, errors, or omissions of Local Project Sponsor, its officers, agents, or employees.

B. A Local Project Sponsor shall defend, indemnify, hold CCWD and other Local Project Sponsors and their respective members, elected and appointed officers, employees, and agents harmless from any and all liability, actions, claims, costs, and expenses, including attorneys’ fees, caused by breach or termination of this Local Sponsor Agreement, the willful misconduct or the negligent acts, errors, or omissions of that specific Local Project Sponsor, their officers, directors, agents, or employees in that #28..
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specific Local Project Sponsors’ performance under this Local Project Sponsor Agreement, except to the extent caused by the sole negligence or willful misconduct of CCWD, its officers, agents, or employees.

12. Breach
Noncompliance by any Local Project Sponsor with any applicable provision of this Local Project Sponsor Agreement, including but not limited to applicable reporting requirements, or the Grant Agreement, including but not limited to Section 10 Default Provisions, shall constitute a breach of this Local Project Sponsor Agreement. CCWD, in its sole discretion, may terminate any Local Project Sponsor’s participation for breach of this Local Project Sponsor Agreement. The waiver by either party of a breach of any provision of this Local Project Sponsor Agreement by the other, or by the State with regard to the Grant Agreement, shall not operate or be construed as a waiver of any subsequent breach.

13. Dispute Resolution
The parties to this Local Project Sponsor Agreement shall meet promptly to address any dispute that may arise and make a good faith effort to negotiate a resolution. The use by any party of any remedy specified herein for the enforcement of this Local Project Sponsor Agreement is not exclusive and shall not deprive any party of, or limit the application of, any other remedy provided by law.

14. Governing Law
This Local Project Sponsor Agreement, its construction, and all work performed under it shall be governed by the laws of the State of California. Venue shall be proper only in the Superior Court of Contra Costa County.

15. Severability
If any provision of this Local Project Sponsor Agreement is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this Local Project Sponsor Agreement shall remain valid and in force and be construed in such a manner so as to affect the original intent of the parties to the maximum extent possible.

16. Amendment
A. Any amendment to the Grant Agreement made pursuant to the Standard Condition D.3 Amendment of the Grant Agreement, including amendment to the terms, requirements, work plan, budget, schedule, or exhibits of the Grant Agreement, will thereafter apply in full to this Local Project Sponsor Agreement. If an amendment to the Grant Agreement conflicts with the content of this Local Project Sponsor Agreement, the Local Project Sponsor Agreement shall be amended to remedy such conflicts.

B. Excepting any amendment pursuant Section 16(A) above, this Local Sponsor Agreement may be changed only by a written amendment duly signed by all parties to this Local Project Sponsor Agreement.
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17. Entire Agreement
This Local Project Sponsor Agreement, together with the attachments hereto, is the complete and exclusive statement of understanding between the parties, and supersedes any and all previous understandings or agreements, whether written or oral, and all communications between the parties relating to the subject matter of this Local Project Sponsor Agreement.

18. Termination
A. Any breach of this Local Project Sponsor Agreement, as provided under Section 12, may result in termination at the sole discretion of CCWD. CCWD, in its sole discretion, may provide a period to cure any breach not to exceed thirty (30) days.

B. Any breach by a Local Project Sponsor of this Local Sponsor Agreement or the terms of the Grant Agreement, or termination of the Grant Agreement by the State, or termination of this Local Project Agreement by CCWD as a result of a breach, or termination of this Local Sponsor Agreement by a Local Project Sponsor for any reason, may result in the withholding of funds by the State or demand for repayment of funds previously disbursed pursuant to Section 9 of the Grant Agreement. The Local Project Sponsor will indemnify and hold harmless CCWD as provided for in Section 11.B of this Local Sponsor Agreement in the event of termination or breach as described in this Section 18.B.

C. The provisions of Section 5, 9, 11, and 18 in this Local Project Sponsor Agreement shall survive termination of this Local Project Sponsor Agreement and shall remain in force through the later of the termination date of the Grant Agreement or when grant closeout activities are completed.

19. Successors and Assigns
This Local Project Sponsor Agreement and all of its provisions shall apply to and bind the successors and assigns of each and every party to this Local Project Sponsor Agreement. Local Project Sponsor shall not assign its rights or delegate their duties under this Local Project Sponsor Agreement. Any attempted assignment or delegation shall be null and void, and constitute a breach of this Local Project Sponsor Agreement.

20. Priority of Documents
The provisions of the Grant Agreement shall prevail over provisions of this Local Project Sponsor Agreement, excepting Local Project Sponsor’s indemnification obligations to CCWD.

21. Counterpart Signatures
This Local Project Sponsor Agreement may be executed in counterparts each of which shall be deemed to be an original but all of which taken together shall constitute one and the same Local Project Sponsor Agreement. Signatures may be exchanged electronically, such as through use of Portable Document Format (PDF), or through the use of DocuSign or similar technology, with the same effect as original, wet signatures.
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IN WITNESS THEREOF, this Local Project Sponsor Agreement has been executed by the parties hereto:

CONTRA COSTA WATER DISTRICT

By: Jeff Quimby, Assistant General Manager
Dated:

CITY OF MODESTO

By: Joseph P. Lopez, City Manager
Dated:
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Attachment A
DWR Grant Agreement
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GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND

CONTRA COSTA WATER DISTRICT
AGREEMENT NUMBER 4600014796

URBAN AND MUL TIBENEFIT DROUGHT RELIEF GRANT
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 Contra Costa Water District, a public water 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. The State shall provide funding from the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) to the Grantee to assist in financing the Project. By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. 2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on March 19, 2022, and ends three (3) years following the final payment unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by December 31, 2024, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after March 31, 2025. 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $1,000,000. Any additional costs are the responsibility of the Grantee. 4) BASIC CONDITIONS.

A. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):
i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth of the 2021 Urban and Multibenefit Drought Relief Grant Program Guidelines and Proposal Solicitation Package (2021 Guidelines).
ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 12, "Submission of Reports" and Exhibit A, "Work Plan".
iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.

1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement.

2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and DocuSign Envelope ID: F31656A3-5706-4029-8423-D38D98030EB0 #28..
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c) The Grantee receives written notification from the State of concurrence with the Lead Agency's CEQA documents (s) and State's notice of verification of environmental permit submittal.

The 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, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State's concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 14, "Monitoring Plan Requirements," if applicable. 5) DISBURSEMENT OF FUNDS. The State will disburse to the 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. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non-interest bearing account and shall be used solely to pay Eligible Project Costs.
6) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, "Budget". Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after March 18, 2022, may be eligible for reimbursement.

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 this Grant.

B. Costs for preparing and filing a grant application.

C. Operation and maintenance costs, including post construction performance and monitoring costs.

D. Purchase of equipment that is not an integral part of a project.

E. Establishing a reserve fund.

F. Purchase of water supply.

G. Replacement of existing funding sources for ongoing programs.

H. Meals, food items, or refreshments.

I. Payment of any punitive regulatory agency requirement, federal or state taxes.

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, or acquisition of land by eminent domain.

K. Overhead and Indirect Costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; DocuSign Envelope ID: F31656A3-5706-4029-8423-D38D98030EB0 #28..
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non-project-specific accounting and personnel services performed within the Grantee's or LPS' organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

L. Mitigation for environmental impacts not resulting from implementation of the Project funded by this program.
7) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 4, "Basic Conditions" are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a "wet signature" for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 12, "Submission of Reports." Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by the Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project 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 a project during the period identified in the particular invoice for the implementation of a project.

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, "Budget." The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours' summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State's funding amount, as depicted in Paragraph 3, "Grant Amount". v. Original signature and date of the Grantee's Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original "wet signature" copy of the invoice form to the Project Manager at the following address: Financial Assistance Branch, DWR, P.O. Box 942836, Sacramento, CA 94236.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless DocuSign Envelope ID: F31656A3-5706-4029-8423-D38D98030EB0 #28..
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required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition Paragraph D.5 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code,§§ 1572-1573; Pen.

Code, §§ 470, 487-489.)
8) ADVANCED PAYMENT. Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate a cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following:

A. Documentation demonstrating that each LPS (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the LPS stating whether it wishes to receive the advanced payment or not.

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status ii. Description and documentation of the cash flow issues the LPS has that requires funds to be advanced
iii. The names of the entities that will receive the funding for each project iv. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. v. Any other information that DWR may deem necessary
C. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds. Based on the project's Funding Plan and other considerations, DWR may develop a "Disbursement Schedule," to disburse funds in installments. This Disbursement Schedule may change based on the project's ongoing compliance with the Advanced Payment requirements and the project's cash flow needs.

D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment lnvoice(s) for the initial amount based on the "Disbursement Schedule" on behalf of the LPS(s), containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee's Project Representative, as indicated in Paragraph 18, "Project Representative." The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment lnvoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, "Budget." DocuSign Envelope ID: F31656A3-5706-4029-8423-D38D98030EB0 #28..
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iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report. iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.

3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.

4.Proof of distribution of advanced funds to LPS(s), if applicable.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 7, "Method of Payment."
9) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction, the State may withhold from the 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 the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 10, "Default Provisions," the portion that has been disbursed shall thereafter be repaid immediately at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee's refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 1 O, "Default Provisions." If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the 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. 1 O) DEFAULT PROVISIONS. The Grantee shall 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 the Grantee and the State evidencing or securing the 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 operate or maintain the Project in accordance with this Grant Agreement.

D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5.

DocuSign Envelope ID: F31656A3-5706-4029-8423-D38D98030EB0 #28..
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E. Failure to submit quarterly progress reports pursuant to Paragraph 4.

F. Failure to routinely invoice the State pursuant to Paragraph 7.

G. Failure to meet any of the requirements set forth in Paragraph 11, "Continuing Eligibility." Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via firstclass mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following:

H. Declare the funding be immediately repaid.

I. Terminate any obligation to make future payments to the Grantee.

J. Terminate the Grant Agreement.

K. Take any other action that it deems necessary to protect its interests.

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.
11) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2021 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 12 of the 2021 Guidelines and Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2021 AWMP identified on the State's website. For more information, visit the website listed in the 2021 Guidelines and Proposal Solicitation Package.

C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq.

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) as set forth in the 2021 Guidelines and Proposal Solicitation Package.

E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program. Alternatively, if the Grantee has submitted a Groundwater Sustainability Plan (GSP) or Alternative Plan pursuant to the GSP Regulations (Cal. Code Regs., tit. 23, § 350 et seq.), groundwater level data must be submitted through the SGMA Portal at: https://sgma.water.ca.gov/portal/.

F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code,§ 12406, et seq.) for data sharing, transparency, documentation, and quality control.
12) 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 the State. All reports shall be submitted to the State's Project Manager and shall be submitted via the DWR "Grant Review and Tracking System" (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports.

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Reports shall be presented in the formats described in the applicable portion of Exhibit F, "Report Formats and Requirements." 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 project.

A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State's requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State's Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee's activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1).

B. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a quarterly basis if the Grantee received an advanced payment, consistent with the provisions in Paragraph 8, "Advanced Payment."
C. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.

D. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A, and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

E. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the 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 three (3) years after the project begins operation.
13) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause 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. The Grantee or their successors may, with the written approval of the 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 by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 10, "Default Provisions." 14) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should DocuSign Envelope ID: F31656A3-5706-4029-8423-D38D98030EB0 #28..
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Modesto City CouncilApril 11, 2023

Modesto City Council
April 11, 2023