BID TABULATION FOR:
CASCADE RACQUET CLUB MUTUAL WATER COM
Bid Schedule No.: 5551
6/12/2025
ITEM DESCRIPTION UNIT QTY
1 Water Pollution Control Plan LS 1
2 Construction Area Sign EA 6
3 Project Funding Sign EA 1
4 Traffic Control LS 1
5 Trench Sheeting & Shoring LS 1
6 Water (8" PVC) LF 1208
7 Valve (8" Gate) EA 5
8 Water Service EA 27
9 Abandon Valve EA 1
10 Remove Valve EA 4
11 Replace Fire Hydrant Assembly EA 3
12 Well Demolition LS 1
TOTAL - CONTRACT ITEMS
ITEM DESCRIPTION UNIT QTY
1 Water Pollution Control Plan LS 1
2 Construction Area Sign EA 6
3 Project Funding Sign EA 1
4 Traffic Control LS 1
5 Trench Sheeting & Shoring LS 1
6 Water (8" PVC) LF 1208
7 Valve (8" Gate) EA 5
8 Water Service EA 27
9 Abandon Valve EA 1
10 Remove Valve EA 4
11 Replace Fire Hydrant Assembly EA 3
12 Well Demolition LS 1
TOTAL - CONTRACT ITEMS
UNIT UNIT UNIT
PRICE TOTAL PRICE TOTAL PRICE TOTAL
$4,264.00 $4,264.00 $3,000.00 $3,000.00 $3,448.80 $3,448.80 $284.00 $1,704.00 $500.00 $3,000.00 $1,246.66 $7,479.96 $1,135.00 $1,135.00 $1,760.00 $1,760.00 $2,870.00 $2,870.00 $68,000.00 $68,000.00 $29,100.00 $29,100.00 $35,580.00 $35,580.00 $4,800.00 $4,800.00 $930.00 $930.00 $12,950.00 $12,950.00 $180.00 $217,440.00 $209.00 $252,472.00 $154.07 $186,116.56 $8,425.00 $42,125.00 $3,380.00 $16,900.00 $3,333.25 $16,666.25 $5,300.00 $143,100.00 $6,680.00 $180,360.00 $8,445.01 $228,015.27 $2,382.00 $2,382.00 $1,720.00 $1,720.00 $2,085.91 $2,085.91 $1,550.00 $6,200.00 $230.00 $920.00 $3,187.47 $12,749.88 $20,228.00 $60,684.00 $23,000.00 $69,000.00 $23,837.25 $71,511.75 $37,000.00 $37,000.00 $43,838.00 $43,838.00 $37,350.92 $37,350.92 $588,834.00 $603,000.00 $616,825.30
AVERAGE
UNIT UNIT UNIT
PRICE TOTAL PRICE TOTAL PRICE
$1,481.00 $1,481.00 $8,042.00 $8,042.00 $3,487.26
$1,417.50 $8,505.00 $1,991.00 $11,946.00 $834.60
$3,668.50 $3,668.50 $3,133.00 $3,133.00 $1,874.01
$38,816.50 $38,816.50 $52,547.00 $52,547.00 $31,199.93
$12,717.50 $12,717.50 $8,512.00 $8,512.00 $6,624.10
$205.25 $247,942.00 $255.00 $308,040.00 $181.15
$4,615.00 $23,075.00 $3,872.00 $19,360.00 $4,744.62
$5,836.90 $157,596.30 $9,747.00 $263,169.00 $6,018.44
$3,674.00 $3,674.00 $3,335.00 $3,335.00 $1,696.69
$2,249.00 $8,996.00 $823.00 $3,292.00 $1,204.86
$21,321.50 $63,964.50 $17,226.00 $51,678.00 $17,553.82
$47,773.50 $47,773.50 $44,486.00 $44,486.00 $37,190.70
Average Bid
$618,209.80 $777,540.00 $549,611.20
Stimpel Wiebelhaus
Associates, Inc RTA Construction, Inc
Eddie Exner Construction,
Inc.
Cox & Cox Construction,
Inc. Allen Gill Construction, Inc
CITY OF REDDING
LOCATION MAP
CASCADE RACQUET CLUB
PUBLIC WORKS MWC WATER MAIN PROJECT
DEPARTMENT
NEW
WATER
MAIN
CRCMWC
SERVICE AREA
Packet Pg. 342 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget
NOTICE OF EXEMPTION
To: CKJ Office of Planning and Research FROM: City of Redding 1400 Tenth Street, Room 121 Public Works Department
Sacramento, CA 95814 777 Cypress A venue
Redding, CA 96001
CKJ Shasta County Clerk
County of Shasta
P.O. Box 990880, 1643 Market Street
Redding, CA 96099-0880
Project Title: Cascade Racquet Club Mutual Water Company (CRCMWC) Consolidation Project, J.0.# 5205-25.
Project Location - Specific: Forest Hills Drive & Wimbledon Drive Project Location - City: Redding Project Location - County: ~S~h~as~t~a___________ Description of Project: The City of Redding will consolidate its existing water system with the CRCMWC water system to serve 27 single family residences in the Cascade Racquet Club Estates Subdivision. One residence in this subdivision is currently served by the City's Water Utility. The CRCMWC's well and distribution system was constructed in 1964 and these facilities are coming to the end of their useful service life. The project entails abandoning the CRCMWC's existing distribution system, installing l,200 feet of new 8-inch polyyinyl chloride (PVC) water main in Forest Hills Drive, installing 27 water service connections with automated meter registers, and installing three new fire hydrants. It is expected that the CRCMWC well parcel will be conveyed to private ownership. Consolidation will ensure a safe and reliable potable water supply for customers in the CRCMWC service area.
Name of Public Agency Approving Project: ~C~ity~o~f~R~e~d~d~in=g......_____________________ Name of Person or Agency Carrying Out Project: Josh Watkins, Water Utility Manager Exempt Status: (check one)
D Ministerial [Section 21080(b)(l); 15268]
D Declared Emergency [Section 21080(b)(3); 15269(a)]
D Emergency Project [Section 21080(b)(4); 15269(b)]
D Statutory Exemptions. State code number:
D Common Sense Exemption (This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (14 CCR 1506l[b][3]).
CKJ Categorical Exemption. State type and section number: Section 15301. Existing Facilities and Section 15303.
New Construction or Conversion of Small Structures.
CKJ No exceptions apply that would bar the use of a categorical exemption (PRD 21084 and 14 CCR 15300.2).
Reasons why project is exempt: Class 1 exemptions include the minor alteration of existing public structures and facilities. Class 3 exemptions consist of construction and location of new small facilities and equipment, or conversion of existing structures. The existing water system would be extended, and would result in negligible expansion of use. The expansion would consist of newly located small facilities and equipment. The action area has been reviewed and does not have significant values for wildlife habitat or other environmental resources, and the project has no potential to have a significant effect on the environment.
Lead Agency Contact Person: Amber Kelley Telephone: 530.225.4046 IfFiled by Applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? o Yes o No Signature: a....YL_,._,......_""' Date:~d-d.t d-Oc?k<..
Title: Environmental Com
CKJ Signed by Lead Agency Date received for filing at OPR: ______ D Signed by Applicant
r'i::nA Nni=- ,.p" r:.n n11
Packet Pg. 343 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Water Boards B 1 & T f • • l t • •t •11 ~ a Cf S CO• f .. Ol 10 A II 0 llfGIDll,l,l .... [ .. OVALHt' co•r11ol tO,t,IIDli
EXPEDITED DRINKING WATER GRANT
AGREEMENT No. D2402015
by and between
CITY OF REDDING ("Recipient")
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD ("State Water Board") for the purpose of the
EDWG-4510005-001C: CITY OF REDDING AND CASCADE RACQUET CLUB MUTUAL WATER COMPANY CONSOLIDATION ("Project")
• Section 116766 of the Health and Safety Code and Resolution Nos. 2023-0006 and 2023-0037.
PROJECT FUNDING AMOUNT: $1 ,067,509
ESTIMATED REASONABLE PROJECT COST: $1,067,509
ELIGIBLE WORK START DATE: JANUARY 4, 2023
ESTIMATED COMPLETION OF CONSTRUCTION DATE: FEBRUARY 28, 2027 PROJECT COMPLETION DATE: FEBRUARY 28, 2027
FINAL REIMBURSEMENT REQUEST DATE: MARCH 1, 2027
RECORDS RETENTION END DATE: FEBRUARY 28, 2063
Adobe Acrobat Sign Transaction Number: CBJCHBCAABAAFkd2bH4GCRFS4pVoslNk38nPltwucoEu Packet Pg. 344 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• EXHIBIT A - SCOPE OF WORK AND SCHEDULE
• EXHIBIT B - FUNDING PROVISIONS
• EXHIBIT C - GENERAL TERMS AND CONDITIONS
• EXHIBIT D - SPECIAL CONDITIONS
2. The following documents are also incorporated by reference, as well as any documents incorporated by reference in Exhibit D:
• the Final Plans & Specifications, including any amendments, as approved by the Division, which are the basis for the construction contract to be awarded by the Recipient; and • the Drinking Water System Permit No. 01-02-12(A)009, and any amendments thereto.
3. Party Contacts during the term of this Agreement are:
State Water Board Citv of ReddinQ
Section: Division of Financial Assistance
Name: Judith Salazar, Project Manager Name: Josh Watkins, Water Utility Manai:ier
Address: 1001 I Street, 16th Floor Address: 777 Cypress Avenue City, State, Sacramento, CA 95814 City, State, Redding, CA 96001 Zip: Zip:
Phone: (916) 445-0827 Phone: (530) 224-6068
Email: Judith .Salazar~Waterboards. ca.i:iov Email: iwatkins~citvofreddini:i.orq Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division's Deputy Director.
4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(b) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board's counsel dated on or after the date that the Recipient signs this Agreement.
5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
EDWG14viii2023
Packet Pg. 345 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001 C
Agreement No.: D2402015
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.
6. This Agreement, and any amendments hereto, may be executed and delivered in any number of counterparts, each of which when delivered shall be deemed to be an original, but such counterparts shall together constitute one document. The parties may sign this Agreement, and any amendments hereto, either by an electronic signature using a method approved by the State Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic signature using a method approved by the State Water Board is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility.
7. The Recipient has reviewed and fully understands the provisions and requirements of this Agreement. The Recipient has reviewed and affirms the representations and warranties in this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CITY OF REDDING: STATE WATER RESOURCES CONTROL BOARD:
Josh Watkins
By: ____________ _ q- !<Art f/5, f_ / By: ____________ _ Name: Josh Watkins Name: Joe Karkoski
Title: Water Utility Manager Title: Deputy Director
Division of Financial Assistance
Date: Aug 30, 2024 Date: Sep 13, 2024
Adobe Acrobat Sign Transaction Number: CBJCHBCAABAAFkd2bH4GCRFS4pVoslNk38nPltwucoEu EDWG14viii2023
Packet Pg. 346 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
EXHIBIT A- SCOPE OF WORK AND SCHEDULE
A.1 PROJECT PURPOSE AND DESCRIPTION.
The Project is for the benefit of Cascade Racquet Club Mutual Water Company (CRCMWC) and the City of Redding (Recipient) and has a Useful Life of at least 40 years. The funding under this Agreement will be used to fully consolidate the CRCMWC water system with the Recipient's water system. The Project will resolve California Waterworks Standards and provide overall system reliability.
A.2 SCOPE OF WORK.
Portions of this scope of work may be funded through separate agreements or programs, including agreements with third-party technical assistance providers. Such tasks may still be included herein to clearly document expectations of the Recipient regarding implementation of the Project under this Agreement. Any costs funded through other agreements or programs cannot be submitted for reimbursement under this Agreement.
The Recipient agrees to do the following:
1. Project Management
1.1 Provide all technical and administrative services as needed for Project completion; monitor, supervise, and review all work performed; and coordinate budgeting and scheduling to ensure the Project is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations.
1.2 Notify the Project Manager at least fifteen (15) working days in advance of upcoming meetings, workshops, and trainings.
1.3 Conduct periodic and final site visits with the Project Manager.
1.4 Conduct pre-, during, and post-construction photo monitoring at the Project site and submit to the Project Manager as part of Progress Reports.
2. Initial Submissions
2.1 Submit the mandatory Technical, Managerial, and Financial (TMF) Assessment elements, including BudgeUCapital Improvement Plan, Consolidation Feasibility, Ownership, and Water Rights, to the Project Manager for approval.
2.1.1 Mandatory TMF elements must be met to the satisfaction of the Division prior to Bid Solicitation Approval.
2.2 Submit the Expedited Drinking Water Grant (EDWG) Financial Security Package to the Project Manager for approval.
2.2.1 Division review and approval must be complete prior to Bid Solicitation Approval.
2.3 Complete necessary work to resolve any incomplete items identified by Division after the Division reviews submittals for Items 2.1 and 2.2.
2.4 Submit the professional engineering services contract(s) to the Project Manager for review and approval prior to disbursement of funds for costs incurred under such contract(s).
Exhibit A
Packet Pg. 347 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget
3. Environmental Compliance, Permitting, and Approvals
City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
No construction or construction-related activities, including construction bid solicitation, is authorized until the California Environmental Quality Act (CEQA) process, permitting, access negotiations and other required approvals are complete.
3.1 Complete documentation required under the CEQA for the proposed construction project.
3.1.1 Submit the draft CEQA document or Notice of Exemption, as applicable, to the Project Manager for comment.
3.1.2 Submit the complete EDWG Program Environmental Package to the Project Manager, including one of the following: the Notice of Exemption filed with the County Clerk and with the Governor's Office of Planning and Research, State Clearinghouse; or the final CEQA document (Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report), Mitigation Monitoring and Reporting Plan, comments and responses, adoption/certification resolution, and the Notice of Determination filed with the County Clerk and the Governor's Office of Planning and Research.
3.1.3 Obtain written concurrence from the Project Manager confirming the State Water Board has made its own environmental findings if applicable and concurs that implementation/construction may proceed. The State Water Board may deem the Project ineligible for funding if construction begins prior to the Division's issuance of this written approval.
3.2 Obtain all public agency approvals, entitlements, permits, and agreements, if any, that are required for Project implementation before field work begins.
3.2.1 Submit evidence of any necessary California Public Utilities Commission (CPUC) approvals and notice to the CPUC of the receipt of grant funds.
3.2.2 If the Project is carried out on lands not owned by the Recipient, the Recipient must obtain adequate property rights or rights of way for the Useful Life of the Project.
3.2.3 If the Project requires or involves the diversion or appropriation of water, the Recipient must submit appropriate documentation showing that Recipient has acquired necessary water rights.
3.2.4 If the Project is a consolidation, the Recipient must submit an executed copy of the consolidation agreement(s) in a form satisfactory to the Division. Recipients are strongly advised to share a draft of the consolidation agreement(s) with the Project Manager, and to incorporate comments from the Project Manager before the agreement is finalized.
3.2.5 Submit evidence of any necessary Local Agency Formation Commission approvals.
3.2.6 Submit a list and signed copies of any other necessary approvals, entitlements, permits, and agreements to the Project Manager.
4. Planning, Design, and Engineering
4.1 Prepare an Engineering Report, Technical Memo, or similar document to support the design plans and specifications in Item 4.2, and submit to the Project Manager for comment.
4.2 Prepare the fifty percent (50%) design plans and specifications and submit to the Project Manager for approval. The Project shall include:
Exhibit A
Packet Pg. 348 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
• Install approximately one thousand, two hundred (1,200) linear feet of new eight-inch (8") diameter polyvinyl chloride (PVC) water main to connect to the Recipient's water utility;
• Abandon approximately two thousand, one hundred (2,100) linear feet of water mains and pipes, four (4) valves, and three (3) fire hydrants within the CRCMWC water system per the Recipient's standards;
• Install approximately three (3) hydrants and five (5) gate valves; • Furnish and install water meters for approximately twenty-seven (27) service connections with automated meter registers; and
• Decommission and properly abandon the existing well within the CRCMWC water system per Shasta County standards.
4.3 Complete the one hundred percent (100%) design plans and specifications and prepare a summary identifying any changes from the fifty percent (50%) plans in Item 4.2. Submit the one hundred percent (100%) design plans and specifications and summary of changes for the Project to the Project Manager for approval.
5. Bid Solicitation
5.1 Complete the bid documents in accordance with the approved design plans and specifications in Item 4.3 and submit to the Project Manager for approval.
5.2 Complete EDWG Request for Bid Solicitation Approval Form, after obtaining: TMF approval in Item 2.1, Financial Security Package approval in Item 2.2, environmental clearance in Item 3.1.3, and the necessary approvals, entitlements, permits, and agreements in Item 3.2. Submit to the Project Manager to obtain written Bid Solicitation Approval.
5.3 Advertise the Project for bid after receiving Project Manager approval in Item 5.2. Submit complete EDWG Final Budget Approval (FBA) Form, including necessary attachments, such as the advertised bid documents and bid summary, to obtain written FBA from the Project Manager.
6. Construction and Implementation
Construction, equipment procurement, or acquisition costs are not eligible for reimbursement prior to FBA.
6.1 After receiving FBA, award the construction contract(s) and submit the Notice(s) to Proceed and awarded contract(s) for the Project to the Project Manager.
6.2 Submit any proposed changes that arise during construction that may affect the Project's benefits and components listed in Item 4.2, schedule, or costs to the Project Manager for approval prior to proceeding with the changes.
6.3 Submit the necessary TMF Assessment elements to the Project Manager by the Completion of Construction.
6.3.1 Prior to disbursement of the final 10% of the total Project Costs, necessary TMF elements must be demonstrated to the satisfaction of the Division, which may include elements that will be subsequently completed under DDW supervision.
6.4 Submit any required drinking water permit amendment application documents to the regulating agency (Division of Drinking Water, Local Primacy Agency, County Health Department, etc.) and the Project Manager before the Completion of Construction (if applicable).
6.5 Construct the Project in accordance with the approved design plans and specifications in Item 4.3.
Exhibit A
Packet Pg. 349 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001 C
Agreement No.: D2402015
6.6 Expeditiously initiate Project operations upon Completion of Construction.
A.3 SIGNAGE.
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency's required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):
Water Board Cop and Trade
Dollars al Work
"Funding for this project has been provided in full or in part under the Safe and Affordable Drinking Water Fund through an agreement with the State Water Resources Control Board." A.4 SCHEDULE.
Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Division may adjust the dates in the "Estimated Due Date" column of this table, but "Critical Due Date" adjustments will require an amendment to this Agreement. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal.
The Recipient must substantially complete construction by the approved Estimated Completion of Construction date unless an extension is granted by the Division in writing. The Recipient must deliver any request for extension no less than 30 days prior to the approved Estimated Completion of Construction date. Late requests may not be honored.
The Recipient must complete and submit all work in time to be approved by the Division prior to the approved Estimated Due Date for the Final Reimbursement Request.
ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE ESTIMATED DUE
DATE DATE
EXHIBIT A.2 - SCOPE OF WORK
1. Project Management
1.1 Technical and Administrative Services N/A Ongoing
1.2 Notification of Upcoming Meetings, N/A As Needed Workshops, and Trainings
1.3 Site Visits N/A As Needed
1.4 Photo Documentation N/A Ongoing
2. Initial Submissions
2.1 Mandatory TMF Assessment Elements N/A Completed
2.2 EDWG Financial Package N/A August30,2024
Exhibit A
Packet Pg. 350 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget ITEM
2.3 2.4
3. 3.1.1
3.1.2 3.2.1
3.2.2 3.2.3
3.2.4 3.2.5
3.2.6 4.
4.1 4.2
4.3 5.
5.1 5.2
5.3 6.
6.1 6.2
6.3 6.4
6.5 6.6
REPORTS
A.5
A.6
A.7
A.8
DESCRIPTION OF SUBMITTAL
Complete any incomplete items identified by
Division after review of Items 2.1 and 2.2.
Professional Engineering Services Contract(s)
City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
CRITICAL DUE ESTIMATED DUE
DATE DATE
N/A Completed
N/A Prior to disbursement
of any related costs
Environmental Compliance, Permitting, and Approvals
Draft CEQA N/A Completed
EDWG Environmental Package and Final N/A Completed CEQA California Public Utilities Commission N/A N/A Approvals Property Rights or Rights of Way N/A N/A
Documentation of Necessary Water Rights N/A N/A
Consolidation Agreement(s) N/A September 30, 2024
Local Agency Formation Commission N/A N/A Approvals
List and Signed Copies of Any Other
Necessary Approvals, Entitlements, Permits, N/A Completed and Agreements
Planning, Design, and Engineering
Engineering Report, Technical Memo, or N/A Completed Similar Document 50% Plans and Specifications N/A Completed
100% Plans and Specifications N/A September 30, 2024
Bid Solicitation
Bid Documents N/A September 30, 2024
EDWG Request for Bid Solicitation Approval N/A October 31, 2024 EDWG Request for Final Budget Approval N/A December 31, 2024 Form Construction and Implementation
Notice(s) to Proceed N/A February 28, 2025
Notification of Project Changes N/A As Needed
Necessary TMF Assessment Elements N/A Completed
Permit Amendment Application Documents N/A N/A
Completion of Construction N/A February 28, 2026
Project Completion February 28, N/A 2027
Progress Reports Quarterly N/A
Project Completion Report N/A February 28, 2026
Special Reports As Required
Final Inspection and Certification N/A February 28, 2026 Exhibit A
Packet Pg. 351 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget
ITEM DESCRIPTION OF SUBMITTAL
EXHIBIT B
ANDC- BUDGET COSTS AND REIMBURSEMENT FUNDING
TERMS
B.6.1 and First Reimbursement Request 8.6.2
C.16 Final Reimbursement Request
City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
CRITICAL DUE ESTIMATED DUE
DATE DATE
No later than
90 days from N/A Agreement
Execution Date
March 1, 2027 N/A
A.5 PROGRESS REPORTS.
The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibits B and C. A progress report must contain the following information:
1. A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2. Discussion of any delays experienced or anticipated in meeting the project schedule provided in Section A.4 and measures to meet the schedule;
3. A description of compliance with environmental requirements, including a discussion of the status of the Recipient's compliance with:
a. the water-quality related mitigation measures in any Mitigation Monitoring and Reporting Program adopted for the Project, including, but not limited to, any mitigation measures included in the biological resources, geology/soils, hazards and hazardous materials, hydrology/water quality, and utilities/service systems resource categories to reduce the potential for significant water quality impacts; and
b. any permits issued for the Project that include water quality elements, including Clean Water Act, Section 401 Certification or Section 404 Permit, Lake and Streambed Alteration Agreement, and/or Rivers and Harbors Act, Section 10 Permit issued by the relevant state and federal agencies.
4. A listing of change orders including amount, description of work, and change in contract amount and schedule; and
5. Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.
A.6 PROJECT COMPLETION REPORT.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project;
ii. Description of the water quality problem the Project sought to address; Exhibit A
Packet Pg. 352 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
iii. Discussion of the Project's likelihood of successfully addressing that water quality problem in the future; and
iv. Summary of compliance with applicable environmental requirements, including a discussion of the status of the Recipient's compliance with:
a. any Mitigation Monitoring and Reporting Program adopted for the Project; and b. any permits issued for the Project that include water quality elements, including Clean Water Act, Section 401 Certification or Section 404 Permit, Lake and Streambed Alteration Agreement, and/or Rivers and Harbors Act, Section 10 Permit issued by the relevant state and federal agencies. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
A 7 SPECIAL REPORTS.
The Recipient must submit information required for compliance with Greenhouse Gas Reduction Fund requirements, as required by the Division.
A.8 FINAL PROJECT INSPECTION AND CERTIFICATION.
Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.
Exhibit A
Packet Pg. 353 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
EXHIBIT B - FUNDING PROVISIONS
8.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.
The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement, and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.
8.2 RECIPIENT CONTRIBUTIONS.
The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board.
If the Recipient obtains funds for the Project from any third parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect such funds.
8.3 VERIFIABLE DATA
Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient's failure to comply with this requirement may be construed as a material breach of this Agreement.
8.4 BUDGET COSTS.
Estimated budget costs are contained in the Summary Project Cost Table below.
TOTAL PROJECT
ITEM DESCRIPTION ESTIMATED FUNDING
COST AMOUNT
A Construction $511,700 $511,700
B Pre-Purchased Material / Equipment $0 $0
C Real Property or Easement Acquisition $0 $0
D ChanQe Order ContinQencv $51,170 $51,170
E Force Account $0 $0
F Allowances (Soft Costs) $243,569 $243,569
G Water Service Connection $144,342 $144,342
H Conditional Costs $116,728 $116,728
TOTAL $1,067,509 $1,067,509
The Division's Final Budget Approval(s) and related Forms 259 and 260 will document a more detailed budget of eligible Project Costs and Project funding amounts. Construction of the Project may be completed in phases only with written approval of the Division. If construction proceeds under separate phases, the Recipient must submit a Final Budget Approval package and receive Final Budget Approval from the Division for each phase.
The Recipient is prohibited from requesting disbursement amounts that represent Recipient's mark-ups to costs invoiced or otherwise requested by consultants or contractors.
Reimbursement of costs under the Conditional Costs line item is not authorized without the Division's written approval. The Conditional Costs line item is for increased costs and unforeseen items, provided that the costs are eligible and consistent with the approved scope of work of this Agreement and are Exhibit B
Packet Pg. 354 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
determined to be reasonable and necessary by the Division. The Recipient must contact the Project Manager with any requests to use the Conditional Costs line item; approval is subject to the Division's discretion. The Division will not approve the use of Conditional Costs for construction costs and construction change orders until after it has provided a Final Budget Approval for the Project.
8.5 LINE ITEM ADJUSTMENTS.
1. The Recipient may submit a request for an adjustment between line items of the budget in writing to the Project Manager for the Division's review and approval. Such adjustment may not increase or decrease the total Project Funding Amount. The Recipient shall submit a copy of the Agreement budget reflecting the requested changes and shall note proposed changes by striking out the original amount(s) followed with proposed change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item shall require a formal amendment. The Division may also propose budget adjustments.
2. The Division may adjust the funding amounts of the line items of the budget as follows, in accordance with any applicable rules. Under no circumstances may the sum of line items in the approved budget exceed the Project Funding Amount set forth on the Cover Page of this Agreement.
(a) The Division may adjust the budget for existing line items, other than the Contingency and Conditional Costs line items, by shifting funds from one line item to another. The sum of all line item adjustments approved by the Division for this Agreement must not exceed fifteen percent (15%) of the total Project Funding Amount. If the Division modifies the budget (i) at the time of the Division's Final Budget Approval(s), (ii) by amending the Agreement, or (iii) following the Recipient's submittal of its final Reimbursement Request, then any adjustments that were made prior to such modification of the budget shall not be counted in the calculation of the 15% limit.
(b) At the time of the Division's Final Budget Approval(s) and/or any amendments to the Agreement, the Division may adjust the amounts allocated to the line items of the budget at its discretion. Any adjustments at these times are not subject to the 15% limit in paragraph a.
(c) Following the Recipient's submittal of its final Reimbursement Request, the Division may adjust the amounts allocated to the line items of the budget at its discretion. Any adjustments at this time are not subject to the 15% limit in paragraph a.
3. No line item adjustment is authorized until the Division provides written approval for the adjustment to the Recipient. Any line item adjustments to the budget that are due to a change in scope of work will require an Agreement amendment.
8.6 REIMBURSEMENT PROCEDURE.
Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:
1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred planning and design allowance costs through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed, except that the Recipient may not acquire or request reimbursement of costs for materials, equipment, or land until after any required environmental review process is complete and the Division provides written notice that such items may be reimbursed under this Agreement. To be eligible for reimbursement, Project Costs, including any planning and design allowance costs, must have been incurred in compliance with Exhibit B
Packet Pg. 355 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
all applicable requirements, including the state cross-cutting requirements listed in Exhibits C and D.
2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.
3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under this Agreement.
4. The Recipient shall not solicit construction bids or conduct any construction activities until the Division has provided written bid solicitation approval. The Division will not provide bid solicitation approval until after the Division completes its applicable review, which will include but not be limited to environmental review.
5. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of Reimbursement Request. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient's administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees' names, classifications, labor rates, hours worked, and descriptions of the tasks performed.
Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.
6. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.
7. The Recipient must not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.
8. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations.
Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion.
Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
No Project construction shall proceed until after the Division has provided approval for construction to proceed. Construction costs incurred prior to the date that the Division provides approval to proceed are not eligible for reimbursement. No disbursement for construction costs shall be provided until after the Division has approved the final budget form(s) submitted by the Recipient including the applicable costs.
Exhibit B
Packet Pg. 356 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget
8.7 REVERTING FUNDS AND DISENCUMBRANCE.
City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement timely, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.
Exhibit B
Packet Pg. 357 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001 C
Agreement No.: D2402015
EXHIBIT C - GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS 2019-NOV is posted at
https://www.waterboards.ca.gov/water issues/programs/grants loans/general terms.html and replicated below:
1. DEFINITIONS. Unless otherwise specified in this Agreement, each capitalized term used in this Agreement has the following meaning:
• "Agreement" means this agreement, including all exhibits and attachments hereto. • "Cover Page" means the front page of this Agreement.
• "Days" means calendar days unless otherwise expressly indicated. • "Deputy Director" means the Deputy Director of the Division. • "Division" means the Division of Financial Assistance of the State Water Board or any other division or unit of the State Water Board authorized to administer this Agreement. • "Event of Default" means the occurrence of any of the following events:
a) A representation or warranty made by or on behalf of the Recipient in this Agreement or in any document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement shall prove to have been inaccurate, misleading or incomplete in any material respect;
b) Failure by the Recipient to observe and perform any covenant, condition, or provision in this Agreement, which failure shall continue for a period of time, to be determined by the Division;
c) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any applicable bankruptcy, insolvency, or other similar law; the appointment of or taking possession of the Recipient's property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official; the Recipient's entering into a general assignment for the benefit of creditors; the initiation of resolutions or proceedings to terminate the Recipient's existence, or any action in furtherance of any of the foregoing; d) A determination pursuant to Gov. Code section 11137 that the Recipient has violated any provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code; or
e) Loss of the Recipient's rights, licenses, permits, or privileges necessary for the Project, or the occurrence of any material restraint on the Recipient's enterprise by a government agency or court order.
• "Final Reimbursement Request Date" means the date set forth as such on the Cover Page of this Agreement, after which date, no further reimbursements or disbursements may be requested. • "Fiscal Year'' means the period of twelve (12) months terminating on June 30 of any year. • "GAAP" means generally accepted accounting principles, the uniform accounting and reporting procedures set forth in publications of the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its Exhibit C
Packet Pg. 358 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
successor, or the Uniform System of Accounts, as adopted by the California Public Utilities Commission for water utilities.
• "Material Obligation" means an obligation of the Recipient that is material to this transaction. • "Party Contact'' means, for the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Division staff set forth in Section 2 of this Agreement.
• "Project" means the Project funded by this Agreement as described in Exhibits A and B and in the documents incorporated by reference herein.
• "Project Completion" means, as determined by the Division, that the Project is complete to the reasonable satisfaction of the Division.
• "Project Costs" means the incurred costs of the Recipient which are eligible for funding under this Agreement, pursuant to applicable statutes, policy, regulations, or guidelines. • "Project Funding Amount" means the maximum amount payable under this Agreement, as set forth on the Cover Page.
• "Project Funds" means all moneys disbursed to the Recipient by the State Water Board for eligible Project Costs pursuant to this Agreement.
• "Project Manager'' means the person designated by the State Water Board to manage performance of this Agreement. The Project Manager is set forth on the Cover Page. • "Records Retention End Date" means the last date that the Recipient is obligated to maintain records related to this Agreement and is set forth on the Cover Page of this Agreement. • "Regional Water Quality Control Board" or "Regional Water Board" means the appropriate Regional Water Quality Control Board.
• "Reimbursement Period" means the period during which Project Funds may be disbursed. • "Reimbursement Request" means the Recipient's request for Project Funds from the State Water Board as set forth in Exhibit B.
• "State" means State of California.
• "State Water Board" means the State Water Resources Control Board. • "Work Completion" means the Recipient's submittal of all work set forth under Exhibit A for review and approval by the Division.
• "Work Completion Date" means the date set forth on the Cover Page of this Agreement and is the last date on which Project Costs may be incurred under this Agreement. • "Year'' means calendar year unless otherwise expressly indicated.
2. ACCESS, INSPECTION, AND PUBLIC RECORDS. The Recipient must ensure that the State Water Board, the State Auditor, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times through the Records Retention End Date or Exhibit C
Packet Pg. 359 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
useful life of the Project, whichever is longer. The Recipient acknowledges that, except for a subset of information regarding archaeological records and personally identifiable information, the Project records and locations may be public records, including but not limited to all of the submissions accompanying the application, all of the documents incorporated into this Agreement by reference, and all reports, Reimbursement Requests, and supporting documentation submitted hereunder.
3. ACCOUNTING AND AUDITING STANDARDS; FINANCIAL MANAGEMENT SYSTEMS. The Recipient must maintain GAAP-compliant project accounts, including GAAP requirements relating to the reporting of infrastructure assets. Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient must:
(a) Establish an official file for the Project which adequately documents all significant actions relative to the Project;
(b) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all Project Funds received under this Agreement; (c) Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to Project Funds disbursed under this Agreement;
(d) Establish an accounting system which will accurately depict final total costs of the Project if authorized under this Agreement;
(e) Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and
(f) If the Recipient uses its own employees, equipment, or resources for any phase of the Project, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee.
4. AMENDMENT. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by both the Recipient and the Deputy Director or designee and approved as required.
5. ASSIGNABILITY. This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the State Water Board. Amendment of the Agreement may be required.
6. AUDIT. The Division may call for an audit of financial information relative to the Project if the Division determines that an audit is desirable to assure program integrity or if an audit becomes necessary because of State or federal requirements. If an audit is called for, the audit must be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit must be in the form required by the Division. The Recipient must return, or ensure the return of, any audit disallowances within 30 days.
7. BONDING. Where construction contractors are used, the Recipient must not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00.
8. COMPETITIVE BIDDING. Recipient must adhere to any applicable State law or local ordinance for competitive bidding and applicable labor laws. If Recipient is a private entity, any construction contracts related in any way to the Project must be let by competitive bid procedures which assure award of such contracts to the lowest responsive and responsible bidders. Recipient must not award a construction contract until a summary of bids and identification of the selected lowest responsible Exhibit C
Packet Pg. 360 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
bidder is submitted to and approved in writing by the Division. Recipient must provide a full explanation if Recipient is proposing to award a construction contract to anyone other than the lowest responsible bidder.
9. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REQUIREMENTS. The Recipient must, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and State laws, rules, guidelines, regulations, and requirements and with provisions of the adopted environmental mitigation plan, if any, for the useful life of the Project.
10. COMPUTER SOFTWARE. The Recipient certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.
11. CONFLICT OF INTEREST. The Recipient certifies that it, its owners, officers, directors, agents, representatives, and employees are in compliance with applicable State and federal conflict of interest laws and will remain in compliance for the useful life of the Project. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. Public entities are required to have adopted conflict of interest codes and may be required to provide documentation of those codes to the Division.
12. DATA MANAGEMENT. The Recipient will undertake appropriate data management activities so that Project data can be incorporated into statewide data systems.
13. DEBARRED, DISQUALIFIED, OR EXCLUDED CONTRACTORS. The Recipient must not contract or allow subcontracting with excluded parties. The Recipient must not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the Recipient must not contract with any individual or organization on the State Water Board's List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board's List of Disqualified Businesses and Persons is located at:
http://www.waterboards.ca.gov/water issues/programs/enforcement/fwa/dbp.shtml
14. DRUG-FREE WORKPLACE. The Recipient certifies that it will provide a drug-free workplace in compliance with the Drug-Free Workplace Act (Gov. Code. §§ 8350-8357). The Recipient shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the Recipient's workplace and specifying the actions to be taken against employees for violations of the prohibition. The Recipient shall establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, the Recipient's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. The Recipient shall provide that every employee who works on the Project receives a copy of the Recipient's drug-free workplace policy statement and agrees to abide by the terms of the statement as a condition of employment on the Project.
15. ENVIRONMENTAL CLEARANCE. No work that is subject to California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA) may proceed under this Agreement until the State Water Board has provided approval to proceed. Upon receipt and review of the Recipient's environmental documents, the State Water Board shall make the appropriate environmental findings before determining whether to approve construction or implementation funding for the Project under this Agreement. Providing approval for such construction or implementation funding is fully discretionary. The State Water Board may require changes in the scope of work or additional Exhibit C
Packet Pg. 361 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
mitigation as a condition to providing construction or implementation funding under this Agreement.
Recipient shall not perform any work subject to CEQA and/or NEPA before the State Water Board completes its environmental review and specifies any changes in scope or additional mitigation that may be required. Proceeding with work subject to CEQA and/or NEPA without approval by the State Water Board shall constitute a breach of a material provision of this Agreement. If this Project includes modification of a river or stream channel, the Recipient must fully mitigate environmental impacts resulting from the modification. The Recipient must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project.
16. FINAL REIMBURSEMENT REQUEST. The Recipient agrees to ensure that its final Reimbursement Request is received by the Division no later than the Final Reimbursement Request Date, unless prior approval has been granted by the Division. If the final Reimbursement Request is not received timely, the undisbursed balance of this Agreement may be deobligated.
17. FRAUD AND MISUSE OF PUBLIC FUNDS. All requests for disbursement must be accurate and signed by the Recipient or its Authorized Representative under penalty of perjury. All costs submitted pursuant to this Agreement must only be for the work or tasks set forth in this Agreement. The Recipient must not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other cost is improper and will not be compensated. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements and, notwithstanding any other section in this Agreement, the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit 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.
18. FUNDING CONTINGENCY. The State Water Board's disbursement of funds hereunder is contingent on the Recipient's compliance with the terms and conditions of this Agreement. The State Water Board's obligation to disburse funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the federal or State government to appropriate funds necessary for disbursement of funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. If this Agreement's funding for any fiscal year expires due to reversion or is reduced, substantially delayed, or deleted by the Budget Act, by Executive Order, or by order or action of the Department of Finance, the State Water Board has the option to either cancel this Agreement with no liability accruing to the State Water Board, or offer an amendment to the Recipient to reflect the reduced amount. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other entity. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding.
19. GOVERNING LAW. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
20. RECIPIENT'S SHARE. The Recipient agrees that it will provide for the payment of its full share, if any share is required, of Project Costs and that all costs connected with the Project will be timely paid by the Recipient.
Exhibit C
Packet Pg. 362 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
21. INDEMNIFICATION AND STATE REVIEWS. The parties agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the Project; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Parties. The Recipient must also provide for the defense and indemnification of the Indemnified Persons in any contractual provision extending indemnity to the Recipient in any contract let for the performance of any work under this Agreement, and must cause the Indemnified Parties to be included within the scope of any provision for the indemnification and defense of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section survive the term of this Agreement.
22. INDEPENDENT ACTOR. The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board.
23. INSPECTION. Throughout the useful life of the Project, the State Water Board shall have the right to inspect the Project area to ascertain compliance with this Agreement.
24. INTEGRATION. This Agreement constitutes the complete and final agreement between the parties.
No oral or written understanding or agreement not incorporated in this Agreement shall be binding on either party.
25. LIENS. The Recipient must not make any pledge of or place any lien on the Project or Project assets except upon consent of the Division.
26. NO DISCRIMINATION. The Recipient must comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 11140 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the Recipient retains ownership or possession of the Project. If Project Funds are used to acquire or improve real property, the Recipient must include a covenant of Exhibit C
Packet Pg. 363 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property. The Recipient must comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b). The Recipient's obligations under this section shall survive the term of this Agreement. During the performance of this Agreement, Recipient and its contractors and subcontractors must not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. The Recipient, its contractors, and subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Recipient, its contractors, and subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov.
Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Recipient, its contractors, and subcontractors must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Recipient must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
27. NO THIRD-PARTY RIGHTS. This Agreement creates no rights in and grants no remedies to any third party as a beneficiary of this Agreement.
28. NO OBLIGATION OF THE STATE. Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this Agreement.
29. NON-WAIVER. Nothing in this Agreement shall affect or impair the Recipient's obligation to undertake work under this Agreement or shall affect or impair the right of the State Water Board to bring suit to enforce such work. No delay or omission of the State Water Board in the exercise of any right arising upon an Event of Default shall impair any such right or be construed to be a waiver of any such Event of Default. The State Water Board may exercise from time to time and as often as shall be deemed expedient by the State Water Board, any remedy or right provided by law or pursuant to this Agreement. Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.
30. OTHER FUNDING SOURCES; INCOME RESTRICTIONS. If funding for Project Costs is made available to the Recipient from sources other than this Agreement, the Recipient must notify the Division. The Recipient may retain such funding up to an amount which equals the Recipient's contribution to Project costs. To the extent allowed by requirements of other funding sources, excess funding must be remitted to the State Water Board. The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient as related to this Agreement must be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State Water Board under this Agreement.
31. PERMITS AND AUTHORIZATIONS. Recipient must procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.
Signed copies of any such permits or licenses must be submitted to the Division before any construction or implementation begins.
Any contractors, outside associates, or consultants required by the Recipient in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by Exhibit C
Packet Pg. 364 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
the State Water Board's Project Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the State Water Board's Project Manager.
32. PREVAILING WAGES. If applicable, the Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. If applicable, the Recipient must monitor all agreements subject to reimbursement from this Agreement to ensure that the applicable prevailing wage provisions of the State Labor Code are being met. Division 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.
33. PRIOR COSTS. No costs incurred prior to the Eligible Work Start Date are eligible for reimbursement.
34. PROFESSIONALS. The Recipient agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 5536.1, 6735, 7835, and 7835.1. As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.
35. RECORDS, INSPECTION, AUDITS, AND INTERVIEWS; RECORDS RETENTION. The Recipient must maintain separate books, records and other material relative to the Project and retain such books, records, subcontracts, and other material until at least the Records Retention End Date set forth on the Cover Page of this Agreement. The Recipient must require that such books, records, and other material are subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the Department of Finance, the California State Auditor, the Bureau of State Audits, or any authorized representatives of the aforementioned, including federal funding agencies and their auditors, if any. The Recipient must allow and must require its contractors to allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and records retention in any contract or subcontract related to the performance of this Agreement. The provisions of this section survive the term of this Agreement.
36. RELATED LITIGATION. Under no circumstances may the Recipient use funds from any reimbursement under this Agreement to pay costs associated with any litigation the Recipient pursues against the State Water Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Recipient agrees to complete the Project funded by this Agreement or to repay all of the disbursed funds plus interest.
37. REMEDIES. The State Water Board may enforce its rights under this Agreement by any judicial proceeding, whether at law or in equity. None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy. Any dispute of the Recipient is limited to the rights and remedies provided to the Recipient under this Agreement and is subject to the procedures provided to the Recipient under this Agreement.
38. REPORTS -AS NEEDED. The Recipient must provide expeditiously any reports, data, and information reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the State or federal government.
Exhibit C
Packet Pg. 365 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
39. RESPONSIBILITY FOR WORK. The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project, including, but not limited to, payment disputes with contractors and subcontractors. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.
40. RIGHTS IN DATA The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request. The Recipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support. The Recipient shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so.
41. STATE WATER BOARD ACTION; COSTS AND ATTORNEY FEES. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees.
42. STATUS QUO. If any action to enforce any right or exercise any remedy shall be brought and either discontinued or determined adversely to the State Water Board, then the State Water Board shall be restored to its former position, rights, and remedies as if no such action had been brought.
43. TERMINATION, IMMEDIATE REPAYMENT, AND INTEREST: This Agreement may be terminated by written notice at any time, at the option of the State Water Board, if:
a. the Recipient has received funds as a result of a material misrepresentation in the funding application or other submitted document; or
b. upon violation by the Recipient of any material provision of this Agreement after such violation has been called to the attention of the Recipient and after failure of the Recipient to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the State Water Board.
In the event of such termination, the Recipient agrees, upon demand, to immediately repay to the State Water Board an amount equal to the amount of Project Funds disbursed to the Recipient prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Recipient to the date of full repayment by the Recipient.
44. TIMING. Time is of the essence. The Recipient must expeditiously proceed with and complete the Project. Failure to proceed according to the timelines set forth in this Agreement may require the Recipient to repay to the State Water Board all disbursed Project Funds.
45. TRAVEL AND PER DIEM. No work or travel outside the State of California is permitted under this Agreement unless the Division provides prior written authorization. No work or travel outside the United States of America is authorized. Failure to comply with this restriction may constitute an Event of Default and result in termination of this Agreement. Any reimbursement for necessary travel and per diem shall be set pursuant to and at rates not to exceed those set by the California Department of Human Resources at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx as of the date costs are incurred by the Recipient.
Exhibit C
Packet Pg. 366 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
46. UNDISBURSED FUNDS. The Recipient is not entitled to interest earned on undisbursed funds.
47. UNENFORCEABLE PROVISION; SEVERABILITY. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
48. UNION ACTIVITIES: The Recipient hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Agreement. The Recipient certifies that none of the Project Funds will be used to assist, promote, or deter union organizing. If the Recipient incurs costs or makes expenditures to assist, promote, or deter union organizing, the Recipient will maintain records sufficient to show that no reimbursement from Project Funds has been sought for these costs and the Recipient shall provide those records to the Attorney General upon request.
49. VENUE. Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California.
50. WAIVER AND RIGHTS OF THE STATE WATER BOARD. Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.
51. WATER CONSERVATION AND EFFICIENCY PROGRAMS: The Recipient acknowledges that it has appropriate water conservation and efficiency programs in place, and that this provision constitutes a condition of this Agreement. A web link with examples of water conservation and efficiency programs is available at:
http://www.waterboards.ca.gov/waterrights/water issues/programs/drought/conservation.shtml.
52. WATER DIVERSION AND USE: To the extent applicable, the Recipient has complied with, and shall continue to comply with, the requirements of Water Code, division 2, part 5.1, section 5100 et seq. for filing statements of water diversion and use.
53. WITHHOLDING OF DISBURSEMENTS AND REIMBURSEMENTS. Notwithstanding any other provision of this Agreement, the State Water Board may withhold all or any portion of the Project Funds upon the occurrence of any of the following events:
a) Failure of the Recipient to maintain reasonable progress on the Project as determined by the Division;
b) Commencement of litigation or a judicial or administrative proceeding related to the Project, or Recipient that the State Water Board determines may impair the timely satisfaction of Recipient's obligations under this Agreement;
c) Any investigation by State, local, or federal investigators or auditors, or a grand jury, relating to the Recipient's financial management, accounting procedures, or internal fiscal controls; d) A material adverse change in the condition of the Recipient, or the Project, that the Division reasonably determines would materially impair the Recipient's ability to satisfy its obligations under this Agreement, or any other event that the Division reasonably determines would materially impair the Recipient's ability to satisfy its obligations under this Agreement; e) The Recipient's material violation of, or threat to materially violate, any provision of this Agreement;
f) Suspicion of fraud, forgery, embezzlement, theft, or any other misuse of public funds by the Recipient or its employees, or by its contractors or agents directly or indirectly regarding the Project;
Exhibit C
Packet Pg. 367 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget g) An event requiring notice under this Agreement; or
City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
h) An Event of Default or an event that the Division determines may become an Event of Default.
Exhibit C
Packet Pg. 368 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
EXHIBIT D - SPECIAL CONDITIONS
D.1 DEFINITIONS.
(a) Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date.
(b) Each capitalized term used in this Agreement has the following meaning:
• "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project.
• "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient's authorized representative resolution that designates the authorized representative by title.
• "Completion of Construction" means that the work of building and erection of the Project is substantially complete to the reasonable satisfaction of the Division. • "District Office" means District Office of the Division of Drinking Water of the State Water Board. • "Division of Drinking Water" means the Division of Drinking Water of the State Water Board. • "Eligible Work Start Date" means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• "Enterprise Fund" means the enterprise fund of the Recipient in which Revenues are deposited. • "Estimated Completion of Construction Date" means the estimated due date for Completion of Construction, as determined by the Division after consultation with the Recipient, and is established on the Cover Page of this Agreement.
• "Event of Default'' means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient's ability to satisfy its obligations under this Agreement. b) Failure to operate the System or the Project, unless the Division has given its approval for such non-operation.
c) The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption, or that the Division determines would materially impair the Recipient's ability to satisfy its obligations under this Agreement. d) If the Recipient is a member of a joint powers authority, the occurrence of a material breach or event of default under any agreement to which the joint powers authority is a party, relevant to the System or the Revenues, that the Division determines would materially impair the Recipient's ability to satisfy its obligations under this Agreement. e) Failure to obtain and keep the necessary water rights for the Useful Life of the Project. • "Final Budget Approval (FBA)" means the Division-approved final budget for the Project, or phase of the Project, as set forth in Exhibit B.
Exhibit D
Packet Pg. 369 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
• "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 Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes. • "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project.
• "Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles.
• "Project Completion Date" means the date that the Project shall be complete to the reasonable satisfaction of the Division, and is established on the Cover Page of this Agreement. • "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient's behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction. • "System" means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the Recipient, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed.
• "Useful Life" means the economically useful life of the Project beginning at Project Completion, which must be at least 20 years.
D.2 ADDITIONAL REPRESENTATIONS AND WARRANTIES.
The Recipient represents, warrants, and covenants each of the following:
(a) [Reserved].
Exhibit D
Packet Pg. 370 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
(b) The Recipient has not made any untrue statement of a material fact in its application for this financial assistance or omitted to state in its application a material fact that makes the statements in its application not misleading.
(c) The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.
(d) The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the Recipient, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date of execution of this Agreement by the Recipient.
(e) There are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient's knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency that materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project. (f) There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project. (g) The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. (h) Any financial statements or other financial documentation of Recipient delivered or to be delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are or will be materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been or will be prepared in accordance with GAAP. Since the date(s) of any financial statements or other financial documentation previously provided to the State Water Board, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board. (i) The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
U) The Recipient has no conflicting or Material Obligations, except as set forth in this paragraph. (k) The Recipient and its principals, contractors, and subcontractors, to the best of the Recipient's knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. The Recipient shall select contractors and subcontractors for this Project that meet the requirements of this paragraph.
Exhibit D
Packet Pg. 371 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget D.3 ACKNOWLEDGEMENTS.
City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
• "Funding for this project has been provided in full or in part under the Safe and Affordable Drinking Water Program through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use."
D.4 RATES, FEES, AND CHARGES.
The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
D.5 PROPERTY RIGHTS AND WATER RIGHTS.
(a) Unless otherwise previously disclosed to the Division and described in the legal opinion accompanying this Agreement, the Recipient (1) has sufficient real or personal property and access rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least to the Records Retention End Date of this Agreement, and (2) possesses all water rights necessary for this Project and the continued operation of the System. (b) If the Recipient does not have sufficient property, access, or water rights as described in paragraph a, above at the time of execution of this Agreement, then prior to the Division's bid solicitation approval, construction activities, and any reimbursement for construction, the Recipient shall provide evidence satisfactory to the Division that the Recipient has obtained the necessary property rights and water rights, including a legal opinion satisfactory to the State Water Board's counsel that the Recipient has sufficient property rights in the Project property for the purposes contemplated under this Agreement as well as sufficient water rights for the Project and the continued operation of the System.
D.6 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE.
The Recipient shall comply with all applicable laws and regulations for the Project, including CEQA. No bid solicitation or construction may proceed unless and until the State Water Board completes its own CEQA findings and gives authorization to proceed with such activities. THE STATE WATER BOARD
EXPRESSLY WITHHOLDS APPROVAL OF ANY CONSTRUCTION OR CONSTRUCTION-RELATED
ELEMENT OF THE PROJECT AND THE RELEASE OF FUNDS ASSOCIATED WITH THAT
CONSTRUCTION OR CONSTRUCTION-RELATED ELEMENT OF THE PROJECT UNTIL
COMPLETION OF THE CEQA PROCESS, INCLUDING THE STATE WATER BOARD MAKING ITS OWN FINDINGS UNDER CEQA IF APPLICABLE. PROCEEDING WITH THE BID SOLICITATION
PROCESS, EQUIPMENT PROCUREMENT, PURCHASE OF LAND OR OTHER PROPERTY RIGHTS,
AND/OR CONSTRUCTION PRIOR TO RECEIVING AUTHORIZATION FROM THE DIVISION MAY
RENDER THE PROJECT INELIGIBLE FOR FUNDING AND MAY BE GROUNDS FOR IMMEDIATE TERMINATION OF THE AGREEMENT. Any funds in the preliminary award notification or this Agreement linked to the construction element of the Project are for encumbrance purposes only and will be reviewed after the State Water Board makes any necessary CEQA findings. The appropriate environmental review under CEQA must be complete before the State Water Board determines whether Exhibit D
Packet Pg. 372 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
to approve funding for construction of the Project or for any site acquisition (purchase of land, etc.) associated with the Project.
If the Recipient is the CEQA lead agency for the project, when the CEQA review process is complete, the Recipient shall file a CEQA Notice of Determination or Notice of Exemption for the Project at both the applicable County Clerk's office and at the Governor's Office of Planning and Research, State Clearinghouse.
D. 7 TECHNICAL SPECIAL CONDITIONS.
(a) The Recipient must comply with all requirements specified in the Division's written bid solicitation approval(s) or Final Budget Approval(s) for the Project, if any. Any such requirements are incorporated into this Agreement by reference.
(b) The Recipient shall notify the Division prior to construction of Project facilities, when the project is fifty percent (50%) complete, and when the project is one hundred percent (100%) complete. (c) The Recipient must report on employment outcomes annually for Project that provide jobs or job training using a format provided by the Project Manager.
D.8 ENVIRONMENTAL SPECIAL CONDITIONS.
(a) The Recipient shall not purchase land or equipment specific to the Project, solicit bids for construction of the Project, award a construction contract for the Project, or commence construction unless and until environmental review of the construction project is complete, including all of the following:
i. The CEQA lead agency must have either (1) completed the appropriate CEQA document (negative declaration, mitigated negative declaration, or environmental impact report, etc.) for the Project and filed a Notice of Determination (NOD) with the appropriate County Clerk and with the Governor's Office of Planning and Research, State Clearinghouse, or (2) determined that the Project is exempt from CEQA, and filed a Notice of Exemption (NOE) with the appropriate County Clerk and with the Governor's Office of Planning and Research, State Clearing house.
ii. The Recipient must have provided all information requested by the Division to complete the Division's environmental review of the Project.
iii. The State Water Board must have completed its CEQA review and filed either an NOD or an NOE with the Governor's Office of Planning and Research, State Clearinghouse, for the construction of the Project.
(b) The Mitigation Monitoring and Reporting Program adopted by the CEQA lead agency for the Project, if any, pursuant to the CEQA, and approved by the Division, is incorporated by reference, and the Recipient shall comply with the conditions and recommendations therein and shall implement all mitigation measures therein.
(c) The Recipient shall make no changes in the Project, construction area, or special conditions, without obtaining the appropriate and necessary prior approval(s) from the State Water Board.
D.9 FINANCIAL SPECIAL CONDITIONS.
(a) The Recipient shall provide all information requested by the Division to complete the financial review of the Project prior to the Division providing bid solicitation approval.
Exhibit D
Packet Pg. 373 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
(b) The Recipient shall not award a construction contract for the Project or commence construction unless and until the Division provides a Final Budget Approval, and the following condition is met. i. If the Division determines that Recipient's water rates are insufficient to cover the operation and maintenance of the Recipient's water system, including the Project, the Recipient must do the following:
• Complete a water rate study that is approved by the Division. • Adopt water rates satisfactory to the Division prior to Final Budget Approval and disbursement of construction funds. Satisfactory rates must be in effect prior to Completion of Construction. If the Project is bid in phases with Division approval, the Recipient must adopt water rates satisfactory to the Division prior to the first Final Budget Approval, and prior to disbursement of any construction funds. • Provide a supplementary opinion of counsel satisfactory to the Division's counsel affirming that the water rates were properly adopted.
(c) If requested by the Division, the Recipient shall submit documentation that the Recipient has established a separate enterprise fund for water service, which shall be used solely for System Revenues and System expenses. The Division may withhold disbursements at its discretion until documentation satisfactory to the Division is submitted. (d) If requested by the Division, the Recipient shall submit audited financial reports on an annual basis, by December 31 of each year, until completion of the Project. The Division may withhold disbursements at its discretion until reports satisfactory to the Division are submitted.
D.10 SPECIAL COMPLIANCE CONDITIONS.
(a) The Recipient shall not solicit construction bids or conduct any construction activities until the Recipient has requested approval from the Division using the procedures specified by the Division, and the Division has provided approval in writing.
(b) The Recipient shall submit the following documents and information to the Project Manager:
i. A copy of the Recipient's adopted Conflict of Interest Code, including the designated positions required to file a Statement of Economic Interests (Form 700), as well as other documentation, satisfactory to the Division demonstrating the Recipient's compliance with section 11 of Exhibit C of this Agreement. No Project Funds will be disbursed under this Agreement until the Recipient satisfies this requirement unless specifically authorized by the Division.
ii. Copies of all consultant services contracts related to this Project and documentation demonstrating the Recipient's procurement processes for such contracts. Procurement processes for consultant services contracts (e.g., professional engineering, environmental, land surveying, project management) shall be based upon demonstrated competence and qualifications and shall ensure that rates are reasonable and consistent with state laws regarding contracting for professional services. No Project Funds will be disbursed under this Agreement for such contracts until the Recipient complies with this requirement to the satisfaction of the Division with respect to the requested costs, unless specifically authorized by the Division.
iii. Documentation of the policies and/or procedures Recipient uses when reviewing and approving consultant, contractor, and subcontractor invoices. Such policies and/or procedures must ensure that (1) consultant, contractor, and/or subcontractor invoices provide sufficient documentation of the work performed; and (2) the consultant, contractor, and/or subcontractor costs incurred are eligible and are consistent with the respective project scope Exhibit D
Packet Pg. 374 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
of work, budget, and actual work completed. No Project Funds will be disbursed under this Agreement until the Recipient complies with this requirement to the satisfaction of the Division with respect to the requested costs, unless specifically authorized by the Division.
The Division's review of the documents and information referenced above, or any other documents submitted in relation to this Project, does not relieve the Recipient from responsibility for ensuring that its procedures comply with all applicable laws, rules, guidelines, regulations, and requirements.
D.11 FUNDS RELATED TO CONTAMINATION.
(a) As a condition precedent to this Agreement, the Recipient shall (i) notify the Division of any demands, including but not limited to litigation and insurance claims, made by the Recipient against third parties for reimbursement of costs, monetary damages, or other relief, related to drinking water contamination, including but not limited to contamination by 1,2,3-trichloropropane (1,2,3-TCP), perfluoroalkyl and polyfluoroalkyl substances (PFAS), or other contaminants (Contamination-Related Demands); (ii) notify the Division of any payments or funds received by the Recipient, agreements, settlements, and court or administrative orders that have arisen out of or are related to drinking water contamination or Contamination-Related Demands (Contamination-Related Payments, Agreements, or Orders); and (iii) to the extent requested by the Division or the Division's counsel, provide information and access to documentation of any Contamination-Related Demands and Contamination-Related Payments, Agreements, or Orders.
(b) After execution of this Agreement, the Recipient shall promptly notify the Division of the new occurrence of any Contamination-Related Demands and Contamination-Related Payments, Agreements, or Orders. Upon request, the Recipient shall promptly provide information and access to documents to the extent requested by the Division or the Division's counsel. (c) The Recipient shall not spend or allocate any funds received as a result of Contamination-Related Demands or Contamination-Related Payments, Agreements, or Orders (Recovered Funds) unless the Recipient has obtained written consent for the use of such Recovered Funds from the Division.
At the discretion of the Division, the Project Funding Amount of this Agreement may be reduced, disbursements may be withheld, and the Agreement may be rescinded, to offset the amount of any Recovered Funds or any Contamination-Related Payments, Agreements, or Orders. Upon demand by the Division, the Recipient shall return Project Funds to offset any Recovered Funds or Contamination-Related Payments, Agreements, or Orders within thirty (30) days or within another time period approved by the Division. The Recipient shall ensure that no duplicative reimbursements of costs occur under this Agreement and any past or future Recovered Funds or ContaminationRelated Payments, Agreements, or Orders. Noncompliance with this Funds Related to Contamination section shall be an Event of Default.
(d) If the Recipient is not regulated by the California Public Utilities Commission (CPUC), the provisions of this paragraph (d) shall apply. If the Division provides written consent, the Recipient may place Recovered Funds into a restricted reserve account to be used for one of the following purposes but only if such purpose is approved by the Division: (1) as co-funding or match funding for the Project, (2) for a capital improvement project other than the Project that addresses the associated drinking water contamination, (3) for Operations and Maintenance Costs related to addressing the associated drinking water contamination, (4) for Operations and Maintenance Costs of the System in general, or (5) for other purposes approved by the Division. To the extent requested by the Division, the Recipient shall provide access to (i) documentation satisfactory to the Division showing the total amount of Recovered Funds deposited into a restricted reserve account prior to the start of construction of the Project and (ii) documentation thereafter of any Recovered Funds that Recipient receives and places into such an account.
Exhibit D
Packet Pg. 375 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
(e) If the Recipient is regulated by the CPUC, paragraph (d) shall not apply, and the Recipient shall comply with all applicable CPUC rules with respect to the Recovered Funds and shall provide to the Division copies of all notices, applications, and any other documents filed with the CPUC, and any documents issued by the CPUC, within 10 days of submittal or issuance as applicable, with respect to the receipt and use of Recovered Funds and with respect to any proposed transfer of any assets funded by Recovered Funds.
D.12 APPOINTMENT OF RECEIVER OR CUSTODIAN.
Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.
D.13 RETURN OF FUNDS.
Notwithstanding any other provision of this Agreement, if the Division determines that an Event of Default has occurred, the Recipient may be required, upon demand, to immediately return to the State Water Board any grant or principal forgiveness amounts received pursuant to this Agreement and pay interest at the highest legal rate on all of the foregoing.
D.14 [RESERVED].
D.15 [RESERVED].
D.16 OPERATION AND MAINTENANCE.
The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the Project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.
D.17 INSURANCE.
The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System/Project) as are usually covered in connection with systems similar to the System/Project. Such insurance may be maintained by a selfinsurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program.
In the event of any damage to or destruction of the System/Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System/Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens.
Exhibit D
Packet Pg. 376 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001 C
Agreement No.: D2402015
Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.
D.18 CONTINUOUS USE OF PROJECT; NO LEASE, SALE, TRANSFER OF OWNERSHIP, OR DISPOSAL OF PROJECT.
The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.
D.19 NOTICE.
Upon the occurrence of any of the following events, the Recipient must notify the Division's Deputy Director and Party Contacts by phone and email within the time specified below:
(a) Within 24 hours, the Recipient must notify the Project Manager by phone and by email and the Division by phone at (916) 327-9978 and by email, [email protected], of any discovery of any potential tribal cultural resource, archaeological or historical resource, or human remains in the Project area. If there are any applicable provisions of a mitigation, monitoring and reporting program adopted for the project, the Recipient shall comply with such provisions. The Recipient must coordinate with the Division to determine the appropriate course of action necessary to mitigate potential impacts. In the event of the discovery of human remains during construction of the Project, the Recipient shall cease construction and take other action required by any applicable laws, which may include but are not limited to Health and Safety Code, section 7050.5 and Public Resources Code, section 5097.98.
(b) [Reserved).
(c) The Recipient must notify the Division and Party Contacts promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; v. A proceeding or action by a public entity to acquire the Project by power of eminent domain. vi. Any litigation pending or threatened with respect to the Project or the Recipient's technical, managerial or financial capacity or the Recipient's continued existence, or any judgment or court order relating to such litigation that has a significant effect on the Project or the System; vii. Consideration of dissolution, or disincorporation; Exhibit D
Packet Pg. 377 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change; xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more; xiii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient's obligations under the federal Endangered Species Act. xiv. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xv. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days' notice to the Division;
xvi. Any event requiring notice to the Division pursuant to any other provision of this Agreement; xvii. The award of the prime construction contract for the Project; and the initiation of construction of the Project; and
xviii. Completion of Construction, and Project Completion.
D.20 FRAUD, WASTE, AND ABUSE.
The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to Reimbursement Requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in an administrative action by the State Water Board and/or referral to the Attorney General's Office or the applicable District Attorney's Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder. A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal may be subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code,§ 13490 et seq.) Exhibit D
Packet Pg. 378 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget D.21 DISPUTES.
City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
The Recipient must continue with the responsibilities under this Agreement during any dispute. The Recipient may, in writing, appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board's Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.
This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.
D.22 EXECUTIVE ORDER N-6-22 - RUSSIAN SANCTIONS.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State Water Board.
The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to Russia's actions in Ukraine imposed by the United States government or the State of California. The Recipient is required to comply with the economic sanctions imposed in response to Russia's actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-contenUuploads/2022/03/3.4.22-RussiaUkraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountry-information/ukraine-russia-related-sanctions). The Recipient is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.
For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia's actions in Ukraine, including but not limited to:
1. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;
2. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and
3. Direct support to the government and people of Ukraine.
Exhibit D
Packet Pg. 379 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget D.23 STATE CROSS-CUTTERS.
City of Redding
Project No. EDWG-4510005-001C
Agreement No.: D2402015
Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following with respect to all Project Costs for the term of this Agreement:
• The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. • Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
• Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
• Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. • Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
• Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code,§ 10610 et seq.).
• Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
• Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. • Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
• Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
• The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.
• Regulations in Division 4 of Title 22 of the California Code of Regulations, including but not limited to California Waterworks Standards in Chapter 16, and Lead and Copper regulations in Chapter 17.5.
Exhibit D
Packet Pg. 380 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget GI " Y F
CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: November 7, 2023 FROM: Chuck Aukland, Public ITEM NO. 4. 11( b} Works Director
APPROVED BY***
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ukl n l, H' ciblic Wc aks L' reGt ' d/? 412423 ry ip} in, C"i ana 1Q131( 2423 [email protected]. ca.us btippin@cityofredding. org
SUBJECT: 4. 11( b)-- Consolidation and Water Service Agreement with the Cascade Racquet Club Mutual Water Company; and Resolution authorizing the submittal of a grant application by the City of Redding to the State Water Resources Control Board Drinking Water State Revolvin Fund
Recommendation
Adopt Resolution authorizing the submittal of a grant application by the City of Redding ( City) to the State Water Resources Control Board Drinking Water State Revolving Fund; and, should the grant be awarded, authorize the Mayor to execute a Consolidation and Water Service Agreement with the Cascade Racquet C1ub Mutual Water Company for connection to the City' s water system.
Fiscal Impact
There is no fiscal impact. The City will apply for a Driul ing Water State Revolving Fund DWSRF) grant to finance the construction of the project, including City connection impact charges. There are no funds allocated to the construction of the project at the time of this staff report. In the event the grant is not awarded, the project will not proceed. The estimated value of the DWSRF grant, if awarded, will be approximately$ 900, 000.
Alter native Action
The City Council ( Council) could choose to not approve staff' s recommendation and provide alternative direction to staff.
Background/Analysis
The Cascade Racquet Club Mutual Water Company ( CRCMWC), Public Water System Identi cation No. CA4500012, was formed in the 1960s to provide water service to 28 residential parcels along Forest Hills Drive and Wimbledon Drive near the current Sun Oaks Tennis and Fitness Club. Due to the aging water system and lack of resources to operate a small water company, the CRCMWC has been in contact with the City to consolidate into the City' s water system.
Packet Pg. 381 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Report to Redding City Council November 1, 2023
Re: 4.11( b)-- Consolidation & Water Service Agreement Between CRCMWC and COR Page 2 The CRCMWC is located within the City limit and is surrounded by the City' s water service area. Many of the existing customers of the CRCMWC already have a City water main in the street in front of their homes. The DWSRF grant will finance the consolidation of the CRCMWC into the City' s Water Utility. The construction of 1, 200 linear feet of new water main and 27 new service connections will allow the remaining parcels in the CRCMWC to be connected to the City' s water distribution system. Three ( 3) new fire hydrants will be installed to replace the existing under- sized ` wharf' style hydrants.
University Enterprises, Inc. ( UEI), a California nonprofit public benefit corporation, was awarded a Proposition 1 Technical Assistance grant from the California State Water Resources Control Board ( SWRCB) to provide funding to assist small disadvantaged communities to iinprove drinking water and wastewater systems. In September 2021, the CRCMWC obtained a Technical Assistance Work Plan from UEI and SWRCB to prepare a Construction Application for the preparation of the general, technical, environmental, and fmancial packages, as well as the plans and specifications documents necessary, per State guidelines, to connect CRCMWC to the City' s water system. PACE Engineering, also contracted with UEI, is preparing the general, technical, environmental, and financial packages for the construction application.
Since the new water mains, services, and meters will be part of the City' s water system and should be constructed to City standards and requirements, the City prepared the 90 percent plans and specifications documents for this construction project. The City has a subcontract with UEI and wi11 be reimbursed for the cost of producing the plans and specifications.
If awarded, the City will be the recipient of the consolidation project financing and will bid the construction per our standard Public Works Bid process. Water Service Connection Impact Charges ($ 5, 346 per parcel) will also be paid thru project financing. The estimated value of the DWSRF grant is $ 900, 000. Construction is anticipated to begin in Summer 2024 with completion in 2025.
The agreement and resolution have been approved as to form by the City Attorney.
Envir onmental Review
This action is not a project as de ned by the California Environmental Quality Act, and no further action is required. The agreement and resolution will a11ow the City, on behalf of the CRCMWC, to apply for financing for the construction of the consolidation project.
Council Priority/ City Manager Goals
Communication and Transparency — "Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust."
Government of the 21st Century — `Be relevant and proactive to the opportunities and challenges of today' s residents and workforce. Anticipate the future to make better decisions today."
Attachments
Resolution
Location Map
Agreement
Previous Staff Report
Packet Pg. 382 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
AUTHORIZING DESIGNATED CITY OFFICIALS TO FILE A GRANT
APPLICATION, ACCEPTANCE, AND EXECUTION FOR FINANCIAL
ASSISTANCE FROM THE STATE WATER RESOURCES CONTROL
BOARD DRINKING WATER STATE REVOLVING FUND
WHEREAS, the City of Redding (" City") proposes to apply for grant funding on behalf of the Cascade Racquet Club Mutual Water Colnpany ( CRCMWC) for the City of Redding & Cascade Racquet Club Mutual Water Company Consolidation Project( Project) from the State Water Resources Control Board Drinking Water State Revolving Fund; and
WHEREAS, the Cascade Racquet Club Mutual Water Coinpany operates a water system which serves 27 parcels within the Cascade Racquet Club Estates Subdivision; and WHEREAS, the Cascade Racquet Club Estates Subdivision is located entirely within the jurisdictional limits of the City of Redding but is not served by its water utility; and WHEREAS, the State Water Resources Control Board has identified several problematic issues relating to water delivery by the Cascade Racquet Club Mutual Water Company to include: water production and consumption are unknown do to a lack of water meters; the water system does not have redundant or auxiliary water ifthe existing well fails; the existing water system infrastructure is at the end of its useful life; and there is no storage, emergency generator or well pump to adequately meet fire flow needs; and
WHEREAS, the City of Redding has the legal authority and is authorized to seek funding from the State of California to address the aforementioned de ciencies and enter into a funding agreement with the State of California for that purpose; and
WHEREAS, the City intends to fmance the planning, design, construction, and associated fees of the Project with monies ( the " Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board; and
WHEREAS, prior to the approval by the State Water Resources Control Board of the Project Funds, the City wi11 not incur certain capital expenditures with respect to the Project from available monies ofthe City;
THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows:
1. The Public Works Director ( the " Authorized Representative"), or designee, is hereby authorized and directed to sign and file, far and on behalf of, the City of Redding, a Financial Assistance Application for a financing agreement rom the State Water Resources Control Board for the planning, design, construction, and associated fees of the Project;
2. The Authorized Representative, or designee, is designated to provide the assurances, certi eations, and commitments required for the financial assistance applieation, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto;
Packet Pg. 383 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget
3. The Authorized Representative, or designee, is designated to represent the City of Redding in carrying out the City' s responsibilities under the fmancing agreement, including certifying disbursement requests on behalf of the City of Redding and compliance with applicable state and federal laws.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 7th day ofNovember, 2023, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
MICHAEL DACQUISTO, Mayor
ATTEST: APPROVED AS TO FORM:
SHARLENE TIPTON, City C1erk BARRY E. DeWALT, City Attorney Packet Pg. 384 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget J
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LOCATION MAP
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Packet Pg. 385 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget
CONSOLIDATION AND WATER SERVICE AGREEMENT BETWEEN THE
CASCADE RAQUET CLUB MUTUAL WATER COMPANY AND CITY OF REDDING This Agreement is made by and between the CITY OF REDDING (" City") and CASCADE RAQUET CLUB MUTUAL WATER COMPANY(" Company"). City and Company are hereinafter sometimes collectively referred to as " Parties."
RECITALS
A. Company holds title the property commonly referred to as CASCADE RAQUET CLUB MUTUAL WATER COMPANY, with the address of 3375 Forest Hills Drive, Redding, California, which is located inside the corporate limits of the City and within the limits of the County of Shasta, Assessor' s Parcel Number 110- 310- 006, and is shown on Exhibit " A" attached hereto and incorporated by reference ( the " Property"). The Property is operated by the Company as a Mutual Water System( PWSID No. CA4500012) and provides water service to 27 parcels within the Cascade Racquet Club Estates Subdivision. The source of potable water for the Company is ground water from a well on the Property; and B. The State Water Resources Control Board (" State Board") has determined that the water provided by the Company to its water system does comply with the drinking water standards; however water production and consumption are unknown due to the lack of ineters; the water system does not have a redundant or auxiliary water should the existing well fail; the existing water system infrastructure is at the end of its useful life; there is no storage, emergency generator or a well pump to meet fire flow; and
C. In order to promote and protect the health and safety of the residents ofthe Company, the City is submitting an application for project funding with the State Board; and 1 Packet Pg. 386 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget D. The City, on behalf of the Company, is eligible to apply for financing (" Financing") with the State Board, which may include grants for small disadvantaged community drinking water system administration, planning and infrastructure improvements; and E. The Financing requires an agreement between the City and the Company that identifies the responsibilities and obligations of the Parties regarding the use of the Financing for the construction ofthe consolidation project and transfer to the City' s water system; and F. The Parties desire to enter into such an agreement.
AGREEMENT
Now, therefore the Parties hereby agree as follows:
1. Incor oration of Recitals. All of the above recitals are incorporated herein and the Parties acknowledge that the recitals are correct. All of the exhibits are incorporated herein by this reference as if fully set forth.
2. Financin. The City is authorized to act regarding any Financing received and to use the Financing for the planning, design, construction, and associated fees of the Project. City shall use all reasonable efforts to obtain the Financing and any associated grant; however, the decision to approve the Financing and any associated grant is made by the State Board and not the Company or City.
3. Proiect Construction. Provided that Financing is approved in the amount in the financing application and provided that sufficient funds as determined by the City and Company are received to construct the Project, City shall construct the Project and connect to a new City water service and provide potable water to the 27 remaining parcels within the Company' s 2 Packet Pg. 387 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget water system. The Project will include approximately 1, 200 linear feet of 8- inch waterline in Forest Hills Drive which will be transferred to City ownership when the project is completed and accepted by City.
4. Pro erty Owner Costs. Property owners shall be subject to the City' s standard water rates and rules as other City water customers for the use of City water. City, using project Financing, shall pay City connection fee and all associated impact, encroachment, and administrative fees.
5. Consolidation. Upon completion of the Project and connection of the 27 remaining parcels within the Company' s water system to the City' s water service, Company agrees to surrender its water supply permit to the State Board, at which time the Company will cease operation of the existing Cascade Racquet Club Mutual Water Company water facilities as a public water system.
6. New Waterline. The City agrees to accept the waterline to be installed in the public right of way and to operate and maintain it for the useful life of the pipeline.
7. Onsite Im rovements. In connecting City' s water service to each of the 2' 7 remaining parcels within the Company' s water system, a meter acceptable to the City will be installed, and connected to the piping on each parcel(" Onsite Improvements"). These Onsite Improvements and metered connection will be paid for with the Financing. Once the Onsite Improvements have been constructed and installed and the City' s water service has been connected to each parcel, the property owner shall own and be responsible for the operation and maintenance of the Onsite Improvements. Notwithstanding the above, the meter will be owned and maintained by the City.
3 Packet Pg. 388 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget
8. Existing Well. Upon completion of the Project and connection of City water to Company, Company shall not be allowed to use the existing well water for potable water purposes. As part of the project, the existing well on the property will be isolated and separated from the City' s water service providing potable water. Company shall have the option to continue to use the existing well for non- potable purposes, such as irrigation and fire protection purposes, in accordance with all applicable laws and regulations.
9. Binding on Successors. This Agreement shall be recorded with the Shasta County Recorder' s Office and shall be binding upon Company, its grantees, successors, assigns and lessees.
10. Attorne_. In the event that any litigation is commenced between the Parties to enforce the terms ofthis Agreement, the prevailing party in said litigation shall be entitled to litigation costs and reasonable attorney fees.
1 L Termination Due to Failure to Gain A rovals. The Planning Phase will provide scope and funds to complete the CEQA process to the satisfaction of all parties. If any approvals or permits are not obtained, the project will not move into the construction phase and this Agreement will terminate with neither Party having liability to the other.
12. Waiver and Hold Harmless. Company hereby agrees, on behalf of itself and its shareholders, to waive all liability as against the City, its elected officials, officers and employees for any action brought due to the planning, construction and operation of the Project. Further, Company on behalf of its shareholders, hereby agrees as follows:
A. To the fullest extent permitted by law, Company shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one ofthem, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses( including, but not limited to, reasonable attorney' s fees ofthe City Attorney 4 Packet Pg. 389 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the planning, construction, or operation of the Project, except when liability arises due to the sole negligence, active negligence or misconduct of the City. This obligation shall cover claims of all types including, but not limited to, actions in tort filed by third parties, actions in breach of contract, actions by shareholders of Company, and any other action in law or equity.
B. The Company' s obligation to defend, indemnify and hold harmless shall not be excused because of the Company' s inability to evaluate liability. Company shall respond within thirty( 30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Company fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty ( 30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made ofthe claim or until the Company accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Company herein.
13. Notices. Any and all notices or other matters required or permitted by this Agreement or by law to be served on, given to, or delivered to either party by the other party to this Agreement shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the party to whom it is directed, or, in lieu of personal service, when deposited in the United States mail, first- class postage prepaid, addressed to:
5 Packet Pg. 390 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget For the City. Jash Watkins, Water Utility Manager
City af Reddzng
777 Cypress Ave.
r aa; cA aol
Company„ Mark Christ oard Presrdent
Cascade Racquet Club Mutual Water Company
P. O: Box 493328
Redding, CA g6049- 332$
IN WITNESS WHEREOF, the City of Redding and Cascade Racquet Club Mutual Water Company have executed this agreement an the days and year set forth belowe
GASCADE RACQUET CLUB
MUTUAL WATER COMPANY
Date 7" 2023 By; 1`, : ;
MARK CHRIST, Baard President
CITY C}F REL7DING
A Municipal Corporation
Date. 2Q23 By.
MICHAEL DACQLTISTO, Mayar
Attest: Approved as to Form:
By: By:
SHARLENE TIPTON, City C1erk BARRY E. DeWALT, City Attomey b
Packet Pg. 391 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget i ' a
CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: April 4, 2023 FROM: Chuck Aukland, Public ITEM NO. 4. 11( e) Works Director
APPROVED BY***
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ukl n l, H' ciblic Wc aks L' reGt ' 3/? 2/ 2423 ry ip} in, C"i ana 3/ 2/ 2423 [email protected]. ca.us btippin@cityofredding. org
SUBJECT: 4. 11( e)-- Authorize the City Manager to Execute a Subcontract Between University Enterprises, Inc. and the City of Redding for Professional Engineering Services related to the Cascade Rac uet C1ub Mutual Water Com an Consolidation Recommendation
Authorize the City Manager to execute a subcontract between University Enterprises, Inc. and the City of Redding for Professional Engineering Services related to the Cascade Racquet Club Mutual Water Company' s consolidation into the City of Redding' s Water Utility.
Fiscal Impact
There is no fiscal impact. University Enterprises, Inc. ( UEI) will provide compensation to the City of Redding ( City) Public Works Department in an amount not to exceed$ 43,' 719 to perform professional engineering services and prepare 90% plans and specifications for the necessary water infrastructure to consolidate the Cascade Racquet Club Mutual Water Company into the City' s Water Utility.
Alter native Action
The City Council ( Council) may choose not to authorize the City Manager to execute the Subcontract and provide alternative direction to staff.
Background/Analysis
The Cascade Racquet Club Mutual Water Company ( CRCMWC), Public Water System Identification ( PWSID) No. CA4500012, was formed in the 1960s to provide water service to 28 residential parcels along Forest Hills Drive and Wimbledon Drive near the current Sun Oaks Tennis and Fitness Club. Du to the aging water system and lack of resources to operate a small water company, the CRCMWC has been in contact with the City to consolidate into the City' s water system.
Packet Pg. 392 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Report to Redding City Council March 28, 2023
Re: 4.11( e)-- Subcontract Between University Enterprises, lnc.and COR Page 2 The CRCMWC is located within the City limit and is surrounded by the City' s water service area. Many of the existing customers of the CRCMWC already have a City water main in the street in front of their homes. Only 1, 200 LF of new water main is needed to connect to the City' s system.
UEI, a California nonprofit public benefit corporation, was awarded a Proposition 1 Technical Assistance grant from the California State Water Resources Control Board ( SWRCB) to provide funding to assist small disadvantaged communities to improve drinking water and wastewater systems. In September 2021, the CRCMWC obtained a Technical Assistance Work Plan from UEI and SWRCB to prepare a Drinking Water State Revolving Fund ( DWSRF) Construction Application for the preparation of the general, technical, environmental, and financial packages, as well as the plans and specifications documents necessary, per State guidelines, to connect CRCMWC to the City' s water system. PACE Engineering, also contracted with UEI, is preparing the general, technical, environmental, and financial packages for the construction application. Since the new water mains, services, and meters will be part of the City' s water system and should be constructed to City standards and requirements, the City wi11 prepare the 90% Plans and Specifications documents which is the subject of the attached subcontract.
If the construction application is approved by the SWRCB, the City will apply for a DWSRF grant to finance the construction of the project, including City connection impact fees. There are no funds allocated to the construction of the project at the time of this staff report; in the event the grant is not awarded, the project will not proceed. Staff will return to the Council at a fut ure date to request authorization to apply for the grant funds.
The subcontract has been approved as to form by the City Attorney.
Envir onmental Review
This action is not a project as de ned by the California Environmental Quality Act, and no further action is required. The subcontract will allow the City to provide design and technical study information necessary to ensure environmental clearance as the project progresses.
Council Pr iority/ City Manager Goals
Communication and Transparency — "Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust."
Attachments
Cascade Racquet Club MWC Water 1Vlain- Location Map
Subcontract- UEI and COR
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Packet Pg. 394 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Subcontract#: 537811B
SUBCONTRACT BETWEEN
UNIVERSITY ENTERPRISES, INC.
AND
CITY OF REDDING, CALIFORNIA
Parties
This subcontract (" SubcontracY'), dated for convenience this gth day of March, 2023, is entered
into by and between University Entierprises, Inc., a California nonprofit public benefit corporation organized and operating as an auxiliary organization serving California State University, Sacramento in accordance with California Education Code sections 89900, et seq. and Title 5 of the California ofRegulations sections 42400, et seq. (" UEI") and the City of Redding, California (" Contractor"). UEI and Contractor are hereinafter collectively referred to as the Parties."
Recitals
WHEREAS, UEI was awarded a Proposition 1 Technical Assistance grant from the California State Water Resources Control Board (the " Funding Agency") under Agreement No. D1612806 originally executed on or about September 1, 2016, and thereafter amended ( the " Funding Agreement") to provide funding to be used by UEI to assist small, disadvantaged communities to improve their drinking water and wastewater systems ( the " Project"); and WHEREAS, UEI administers grants and contracts benefiting California State University, Sacramento, and is authorized pursuant to Title 5 of the California Code of Regulations, section 42500( a)( 7) to enter into subcontracts relating to the performance of responsibilities under the Funding Agreement; and
WHEREAS, all work required of UEI under the Funding Agreement shall be performed and/or overseen by the Office of Water Programs at California State University, Sacramento (" OWP"), though UEI remains solely responsible under the above- referenced funding agreements to ensure the proper performance of UEPs obligations thereunder; and WHEREAS, UEI and Contractor wish to enter into this Subcontract for Contractor to perform certain professional services hereunder pursuant to Project Work Plan # 6601- A in accordance with the terms and conditions of this Subcontract;
NOW THEREFORE, in consideration of the mutual agreements set forth herein and of the terms and conditions below, the Parties agree as follows:
Terms and Conditions
1. SERVICES.
In pursuit of the Project, Contractor will perform those professional services identi ed for Contractor to perform in, and generally described in, TA Work Plan 6571- B attached hereto
Packet Pg. 395 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget as Exhibit A and incorporated herein by this reference, and which professional services are more specifically described in the following: Contractor' s proposal dated December 13, 2021, attached hereto as Exhibit B and incorporated herein by this reference ( the " Services").
Contractor represents that: ( i) it is qualified to undertake the Services, ( ii) it possesses the means and resources required in order to perform the Services in compliance with the terms and conditions of this Subcontract, ( iii) the Services will be performed in a manner consistent with that 1eve1 of skill and care ordinarily exercised by other qualified professional consultants performing work of the type contemplated herein, and( iv) in the performance of the work and preparation of any report, findings, recommendations, or other work product developed by the Contractor pursuant hereto, Contractor wi11 not violate the intellectual property rights of others.
2. TERM.
Subject to the provisions of section 15, the term of this Subcontract shall be from September 24, 2021, to November 30, 2023, except that UEI may unilaterally extend the expiration date and final invoice date) ofthis Subcontract by providing written notice to Contractor of a new expiration date. Upon such notice, the new expiration date will be deemed to have been automatically incorporated herein as an amendment to this Subcontract.
3. FUNDING AGREEMENT.
This Subcontract is subject to, and Contractor shall comply with, all applicable terms and conditions of the Funding Agreement, which is attached hereto as Exhibit C and incorporated herein by this reference. Without limiting the foregoing, Contractor agrees to be bound to UET with respect to the obligations contained in Funding Agreement to the same degree and in the same manner that UEI is so bound to the Runding Agency under the Funding Agreement. In the case of a direct conflict between any of the terms and conditions contained in the Funding Agreement and any of the terms and conditions contained in this Subcontract, the latter shall govern.
4. COMPENSATION.
This is a cost reimbursement agreement. In exchange for Contractor performing the Services in accordance with the terms and conditions of this Subcontract, UEI' s total obligation to Contractor under this Subcontract shall not exceed the sum of Forty- Three Thousand Seven Hundred Nineteen Dollars ($ 43, 719). Contractor shall perform the Services in accordance with, and subject to the line- item limitations contained in Exhibit B ( the Budget"). Contractor sha11 invoice UEI no more frequently than monthly for the proportion ofthose Services actually performed. At no time shall the cumulative amount of all invoices iss ued by Contractor reflect a proportion of the above-referenced not-to- exceed amount that exceeds the proportion of the Services properly completed. All such invoices shall ( a) reference this Subcontract number, ( b) include an invoice number and date of the request, ( c) contain the period covered by the invoice, ( d) be itemized based on line items specified in the Budget, ( e) contain supporting or back-up documentation for all amounts shown on the request, including all staff time shown by number of hours worked and hourly rate, and identify the proportion of the Services covered by the invoice as well as the total proportion of all of the Services cumulatively invoiced to date, and ( be signed by Contractor' s
Packet Pg. 396 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget authorized financial representative or designee. The above- referenced not-to- exceed amount of Forty- Three Thousand Seven Hundred Nineteen Dollars ($ 43, 719) is incl usive of all costs and expenses, including but not limited to travel and transportation costs and expenses, materials, equipment, overhead, taxes, and profit. Accordingly, Contractor shall not be entitled to reimbursement for travel and transportation time, or costs and/ or expenses in addition to this not to exceed amount stated in this section 4. No work or travel outside the State of California is permitted under this Subcontract without prior UEI written authorization.
Except as otherwise provided herein, Contractor' s final invoice must be delivered to UEI within thirty( 30) days after the completion ofthe Services but in no case later than December 29, 2023. Failure on the part of Contractor to comply with this deadline shall result in Contractor permanently waiving its right to any amounts included on such final invoice. The Parties agree that Services performed during the term of this Subcontract shall be performed under the provisions of this Subcontract and shall not entitle Contractor to any additional compensation. If, during the term of this Subcontract, UEI desires to retain Contractor to perform work or services determined by UEI to be new work or services not covered by this Subcontract, then a separate written agreement for new work or services must be executed by the Parties prior to performance of the new work or services.
Acceptance by Contractor of final payment under this Subcontract shall constitute a release of UEI from all claims and liability to the Contractor for payment hereunder, and for any additional compensation or payment relating to any and all things done or furnished in connection with this Subcontract. However, final payment shall in no way relieve Contractor of liability far its obligations, or for faulty, incomplete, or defective work, discovered after final payment.
5. INDEPENDENT CONTRACTOR.
Contractor and any and all agents and/ or employees of Contractor shall perform the Services as an independent contractor using its own tools and equipm nt, and not as an officer, employee, or agent of UEI. Contractor shall set its own hours and shall control the manner and means of performing the Services, though UEI retains the right to oversee that Contractor' s performance of the Services complies with the requirements of this Subcontract.
Contractor warrants and represents that neither it nor any of its employees or agents is an employee of the CSU system, or any of its auxiliary organizations. Payments to Contractor hereunder will be reported to state and federal tax authorities as required by law and UEI will not pay or withhold federal, state, or loeal income tax ( except as may be required by applicable law) or other payroll taxes of any kind in connection with such payments.
Contractor is independently responsible for payment of a11 applicable taxes.
6. DISCLAIMER OF RIGHTS.
As an independent contractor, Contractor expressly disclaims each and all of the following and promises not to make a claim against or sue UEI for any such matters at any future date.
The matters so disclaimed and waived are:
Packet Pg. 397 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget a. Any claim that Contractor ( or any of its employees or agents) is or may become a probationary employee or an employee of any nature whatsoever of UEI, except when affirmatively so employed under a subsequent written contract; b. Any claim or assertion of a right to participate in UEI employee health and welfare benefit programs under the terms of this Subcontract;
c. Any claim or assertion of a right to paid sick leave, paid vacation leave, or an entitlement to a leave of absence under the terms of this Subcontract; and d. Any claim or assertion that Contractor is or may be entitled to a statement of or a hearing on the issue of the reason for termination of this Subcontract.
7. CONFLICT OF INTEREST.
Contractor, by execution of this Subcontract, warrants and covenants that no official or employee of UEI, nor any business entity in which an official of UEI has an interest, has been employed or retained or solicited or aided in the procurement of this Subcontract, nor will any such person be employed in the performance of this Subcontract without immediate divulgence of such fact to UEI and consent by UEI, which consent may be granted or withheld in UEI' s sole discretion.
8. SUBCONTRACTING; ASSIGNMENT.
Except as otherwise stated in this Subcontract, Contractor sha11 perform all services required on its part to be performed hereunder using only resources available within its own organization. No portion of the work shall be subcontracted nor right to payment assigned without the advance written approval of UEI, which may be granted or denied in UEI' s sole discretion.
Because this Subcontract is an agreement for the performance of professional services and because Contractor was chosen based on its expertise in performing such professional services, assignment of this Subcontract or attempted assignment of this Subcontract by Contractor without the advance written consent of UEI (which consent may be granted or withheld in UEI' s sole discretion) shall constitute a material breach of this Subcontract and entitle UEI to exercise any and all rights provided for by this Subcontract and/ or by law for such material breach.
9. INDEMNIFICATION.
To the extent of Contractor' s fault, Contractor agrees to indemnify, defend and hold harmless UEI; OWP; the Funding Agency; the State of California; the Trustees of the California State University; California State University, Sacramento; and all of said entities' officers, directors, agents and employees from and against any and all liabilities, losses, claims, suits, allegations, demands, damages, penalties, and/ or costs, including without limitation litigation costs and attorneys' fees, resulting from or arising out ofthe Contractor' s performance ofthis Subcontract. The provisions of this section 9 shall survive any expiration or termination of this Subcontract. In the case of any conflict between the provisions of this section 9 and indemnification obligations contained in the Funding Agreement, the provisions of this section 9 shall govern.
Packet Pg. 398 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget
10. INSURANCE.
Contractor shall at its own cost and expense carry and maintain commercial general liability insurance protecting against bodily injury and property damage in a coverage amount of no less than Two Million Dollars ($ 2, 000, 000) combined single limit per occurrence. Such insurance policy shall be written on an" occurrence" basis, and not on a" claims made" basis, and shall be endorsed to name the ollowing as additional insureds: UEI; OWP; the Funding Agency; the State of California; the Trustees of the California State University; California State University, Sacramento; and a11 of said entities' employees, agents, directors, officers, and affiliates. Additionally, Contractor shall at its own cost and expense carry and maintain professional liability insurance covering claims including acts, errors, and omissions, arising out of the rendering of, or failure to render, professional services related to this Subcontract.
Such professional liability insurance shall have policy limits of no less than One Million Dollars($ 1, 000, 000) per claim. Such professional liability insurance must be maintained, and evidence of such insurance must be provided, for at least three ( 3) years after completion or cessation ofthe Services. This requirement shall survive any expiration or termination ofthis Subcontract. All insurance policies referenced in this paragraph shall be provided by insurance carriers that are reasonably acceptable to UEI. Upon execution of this Subcontract, and thereafter upon renewal of each of the above- referenced insurance policies, Contractor shall provide UEI certificates of insurance and applicable policy endorsements demonstrating Contractor' s compliance with the provisions of this section 10. If Contractor is self-insured, upon execution of this Agreement, and thereafter upon any change in Contractor' s selfinsurance program or upon request of UEI, Contractor shall provide proof to UEI that Contractor' s self-insurance program provides coverage that meets or exceeds the types of insurance coverages and insurance coverage limits specified in this section 10.
11. COMPLIANCE WITH LAWS.
Contractor sha11 at its own cost and at all times during the term of this Subcontract comply with all applicable federal, state, and local laws.
12. RECORDS; RIGHT TO AUDIT.
Contractor shall retain all fmancial records, including but not limited to documents, reports, books, and accounting reports that pertain to any work or transaction performed pursuant to this Subcontract for a period of three ( 3) years after final payment under this Subcontract, unless a longer retention period is required in the Funding Agreement. As to Subcontractor' s books and records, UEI, Funding Agency, and any other governmental agencies mentioned in the Funding Agreement, sha11 have those audit rights specified in the Funding Agreement.
The provisions of this section 12 shall survive any termination or expiration of this Subcontract.
13. AMENDMENT.
Except as otherwise provided herein, this Subcontract may not be amended except in writing signed by both Parties. No amendment or ehange to any of the terms or conditions of this Subcontract shall be effective until executed by UEI' s Director of Sponsored Programs Administration. Any variance from any of the terms or conditions of this Subcontract by Contractor prior to the approval and execution of an amendment by UEI' s Director of
Packet Pg. 399 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Sponsored Programs Administration shall be at Contractor' s own risk.
14. CONFLICTS.
In the case of conflicts between any of the terms and conditions contained in Exhibit B on the one hand, and any of the terms and conditions contained in this Subcontract ( excluding Exhibit B) on the other hand, the latter shall govern.
15. TERMINATION.
This Subcontract may be terminated by UEI without cause and at no penalty, cost, or expense to UEI, upon thirty ( 30) days' advance written notice to Contractor. If this Subcontract is terminated at any time during its term, Contractor sha11, subject to the limitations of this Subcontract, be reimbursed for (i) all completed services rendered up to and including the day it received noticed of such termination, to the extent such services comply with the terms and conditions of this Subcontract, and( ii) all non- cancellable obligations in existence at the time that Contractor received notification of the termination of this Subcontract.
16. NOTIFICATION.
Any notice required or permitted hereunder sha11 be sent by a party hereto to the other via U.S. mail, postage prepaid and certified( with return receipt requested), by reliable overnight carrier, or by personal service, at the following addresses:
Cont actor UEI
Josh Watkins, Water Utility Manager Monica Kauppinen, Director, Sponsored Prog.
City of Redding, Public Works Department University Enterprises, Inc.
P. O. Box 496071 6000 J Street, MS 6111
Redding, CA 96049- 6071 Sacramento, CA 95819
If delivered via personal service, the notice shall be deemed effective upon such delivery. If delivered by reliable overnight carrier, such notice shall be deemed effective one( 1) day after deposit with such carrier, properly addressed and postage prepaid. If delivered via eertified mail, such notice sha11 be deemed effective as of the earlier of( i) three ( 3) days after deposit in the U. S. mail, properly addressed, postage prepaid, eertified with return receipt requested, or( ii) the date of acceptance of delivery as evidenced by the date ofthe signature on the return receipt. Either party may change its address by giving written notice to the other pursuant to the provisions of this section 16.
17. ENTIRE AGREEMENT.
This Subcontract and all attachments hereto constitute the entire understanding between the Parties on the subject matter specified herein. There are no other understandings, agreements, representations, or warranties, express or implied, that are not specified in this Subcontract.
Contractor, by execution of this Subcontract, acknowledges that Contractor has read this Subcontraet, understands the Subcontract, and agrees to be bound by its terms and conditions.
18. APPLICABLE LAW, JURISDICTION AND VENUE.
This Subcontract shall be construed pursuant to California law, excluding its choice of
Packet Pg. 400 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget law provisions. The Parties to this Subcontract agree that any dispute which may arise between them in connection with this Subcontract shall be adjudicated before a federal or state court located in Sacramento County, California, and they hereby irrevocably and exclusively submit to the personal jurisdiction of such federal and state courts located in Sacramento County, California with respect to any action or 1ega1 proceeding commenced by any party. The Parties irrevocably waive any objection they now or hereafter may have respecting the venue of any such action or proceeding brought in such a court or respecting the fact that such court is an inconvenient forum.
19. ATTORNEYS' FEES.
If any legal action, arbitration, or other proceeding, is brought for the enforcement of this Subcontract, or because of an alleged dispute, breach, or default in connection with any of the provisions of this Subcontract, the prevailing parry sha11 be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.
20. AUTHORIZATION.
Each person executing this Subcontract represents that the execution of this Subcontract has been duly authorized by the party on whose behalf the person is signing and that such person is authorized to execute the Subcontract on behalf of such party.
21. ELECTRONIC SIGNATURES.
Each party agrees that this Subcontract and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Subcontract or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
The Parties agree to the foregoing terms and conditions.
CONTRACTOR UEI
CITY OF REDDING UNIVERSITY ENTERPRISES, INC.
By: By:
Barry Tippin, City Manager Monica F. Kauppinen, Director Sponsored Programs Administration
Tax ID #: 94- 6000401
Date: Date:
Packet Pg. 401 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget TA
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TECHNICAL ASSISTANCE ( TA) WORK P AN
UNIVERSITY ENTERPRISES, INC. ( UEI)
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
SAFE AND AFFORDABLE FUNDING FOR EQUITY AND RESILIENCE ( SAFER)
DRINKING WATER PROGRAM TECHNICAL ASSISTANCE ( PROJECT)
AGREEMENT NUMBER ( NO.) D19- 17008
AMENDED TA WORK PLAN NO. 6571- 4B
TA START DATE: SEPTEMBER 24, 2021
AMOUNT: $ 112, 374
Whereas through the passage of various bond acts, including Proposition 1 in November 2014 and Senate Bill 200 in July 2019, the State Water Resources Control Board ( State Water Board) is authorized to make available certain general obligation bond proceeds ( GO Bond Proceeds) and Safe and Affordable Drinking Water Funds SADW Funds) for projects meeting certain criteria; and
Whereas the State Water Board has determined that this Project is eligible for certain GO Bond Proceeds and/ or SADW Funds;
Therefore, the parties hereby amend the Agreement, originally executed on April 14, 2021, and incorporated herein, to add:
AMENDED TA WORK PLAN NO. 6571- 4B ( 6a pages attached) ** Entire Exhibit added to replace TA work plan No. 6571- A ( executed April 27, 2022)
All other terms and conditions shall remain the same.
RECIPIENT:
By:
Name: Monica F. Kauppinen
Title: Director, Sponsored Programs Administration
ate:
J a n 13, 2023
STATE WATER RESOURCES CONTROL BOARD:
r ``
By:
Name: Jo arkoski
Title: Deputy Director, Division of Financial Assistance Date: 1/ 19/ 23
Packet Pg. 402 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Amended Work Plan No. 6571- 4B Page 1 of 6
Technical Assistance ( TA) Work Plan
TA Type: Drinking Water Wastewater Storm Water Groundwater Grant Agreement No. D19- 17008
TA Start Date: September 24, 2021
TA Recipient( s): Cascade Racquet Club Mutual Water, PWSID No. CA4500012 Community/ System Information: Population Served: 89 ( Drinking Water Watch Site 2021) Number of Connections: 27 ( Drinking Water Watch Site 2021) Median Household Income ( MHI): $ 74, 432 ( 2015- 19 American Community Survey) Community/ System Contact( s): Mark Christ, Board President, Cascade Racquet Club Mutual Water, mchrist a ci. redding. ca. us, 530- 722- 5738
Additional Community/
System Contact:
Amended Work Plan No.: 6561- B
Work Plan Title: Drinking Water State Revolving Fund ( DWSRF) Construction Financing Application Assistance Amended Work Plan Submittal Date: hr or i , n October 3, 2022 A. Technical Assistance Details
Water System Description:
The Cascade Racquet Club Mutual Water ( CRC Mutual), PWSID No. CA4500012, is located within the City of Redding ( COR) water system boundaries, at the corner of Forest Hills and Wimbledon streets. The CRC Mutual has 27 connections, all of which are residential. The source of water is a single groundwater well, and the water system includes a 1, 500-gallon pressure tank and a distribution system.
Current and Past Compliance Issues:
The aging water system infrastructure is coming to the end of its useful life. Both the well and 1, 500- gallon pressure tank are 60 years old and are degrading. The system also lacks adequate storage capacity and financial resources required for long-term sustainability. There are no current enforcement actions issued to CRC Mutual.
Rev. Packet Pg. 403 03/ 24/ 21 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Amended Work Plan No. 6571- 4B Page 2 of 6
Need for Technical Assistance:
The CRC Mutual has been in contact with the COR and both are in agreement to consolidate the CRC Mutual into the COR. The COR has already prepared several documents that can assist in the construction application, including 30% Plans, a construction cost estimate and a CEQA Conditional Exemption form.
The scope of the project includes the following task:
Drinking Water State Revolving Fund ( DWSRF) Construction Application — Preparation of the General, Technical, Environmental and Financial Packages, per the State Water Board Division of Financial Assistance ( DFA) guidelines. The content of these four Packages are described on the DFA website and include various engineering, environmental compliance, and related tasks to complete the application.
Other TA Providers:
No other TA providers are currently involved in TA efforts for this system.
Reason for Work Plan Amendment B:
This Work Plan Amendment is for a time extension onlv. The time extension is needed as a result of the lenqth of the neqotiation time on an aqreement between the Citv of Reddinq and UEI, to compensate the Citv for their time associated with developinq the Plans and Specifications, is takinq lonqer than anticipated.
B. Summary of Proposed Deliverables and Activities
Lead TA Pro ider Deliverable & ue
No. Task Notes and Details Regarding Related Activities gudget' staff/ con ultant s Date
Hold kickoff ineeting and prepare meeting notes
Sacramento State
Needs Assessment Identify scope, deliverables, schedule, and Office of Water
1 and Work Plan budget; solicit and review proposals from team Programs ( OWP):
Completed 6, 439
members.
Randy Marx
Prepare work plan
DWSRF Construction
Financing Application: PACE: General Package — $ 4, 572 2 General Package
Prepare General Package.
Tom Warnock
11/ 4/ 2023
Rev. Packet Pg. 404 03/ 24/ 21 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Amended Work Plan No. 6571- 4B Page 3 of 6
Lead TA Pro ider Deliuerable & ue
Nc. Task N rtes and 'Details Regarding Related Activitfes Budgef staff/ consultant s Date
DWSRF Construction Prepare draft and final Technical Memorandum Technical
Financin A lication: TM , per DFA uidelines, and meetin COR Memorandum
J PP J 9
Draft- e n
3 Technical Package requirements. PACE:
Completed on 9, 908
Develop all above documents in accordance Tom Warnock
10/ 15/ 2022
Technicai with the Water Board' s DWSRF construction
FinalMemorandum financing appiication guidance.
5/ 15/ 2023
Prepare 90% Plans and Specifications, per DFA
Cit of Reddin
90% Plans and
4 90% Plans and Specs guidelines, and meeting COR requirements. y g' Specs - $ 43, 719
Josh Watkins
3/ 15/ 2023
Compile the above documents and complete a Technical
5 Technical Package Technical Package.
PACE:
Package4 11, 120
Tom Warnock
6/ 15/ 2023
Prepare CEQA documentation as appropriate
no Federal Cross Cutters required)
f ilo ('` G( 14 rinni imar e e i+ h +ho C to
DWSRF Construction
Financing Application:
prepare and submit all final California 6a) Copy of CEQA Environmental Environmental Qualitv Act ( CEQA) documents documents filed Package
and notices for the Selected Construction with the State 6a) Copy of CEQA
Proiect to the Governor' s Office of Planninq Clearinghouse and and Research, State Clearinqhouse. A copv of the County Clerk' s documents filed with PACE: 7, 500
6 all such CEQA documents and notices shall office- F
the State Tom Warnock
Clearinghouse and
also be sent to Division of Financial 6/ 15/ 2023
the County Clerk' s
Assistance. For further quidance contact the
office
Drinkinq Water Environmental Review Unit 6b) Environmental Staff. Package —
6b) Environmental
Recipient shall prepare an analysis of o%
Package
environmental alternatives memo for 6/ 15/ 2023
construction proiects that are not exempt from
CEQA. The analvsis of environmental
alternatives memo shall discuss the followin :
Rev. Packet Pg. 405 03/ 24/ 21 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Amended Work Plan No. 6571- 4B Page 4 of 6
Lead TA Pro ider Deliuerable & ue
Nc. Task N rtes and 'Details Regarding Related Activitfes Budgef staff/ consultant s Date
o A " no proiect/ no action" alternative.
o Comparative analysis amonq the
alternatives that includes discussions
of beneficial and adverse impacts on
the existina environmental, future
environmental and individual sensitive
environmental issues associated with
the proiect.
o Analvsis of direct, indirect, and
cumulative impacts on sensitive
environmental resources, if applicable.
o Appropriate mitiqation measures to
mitiqate adverse impacts, if
appropriate.
o Thorouqh discussion of the rationale
for selection of the chosen alternative
for the proiect.
For certain proiects covered under a Neqative
Declaration or Mitiqated Neqative Declaration
it mav be appropriate to limit analvsis of
environmental alternatives to a " no proiect/ no
action" alternative and the selected proiect.
For further quidance contact the Drinkina
Water Environmental Review Unit Staff.
Com lete Environmental Packa e.
DWSRF Construction
Financing Application:
Financial Security
prepare DWSRF Construction Financing OWP: Financial Package 7 Package
Application Financial Security Package. Dakota Keene F% 2' 898
Financing Package
12/ 31/ 2022
Rev. Packet Pg. 406 03/ 24/ 21 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Amended Work Plan No. 6571- 4B Page 5 of 6
Lead TA Pro ider Deliuerable & ue
Nc. Task N rtes and 'Details Regarding Related Activitfes Budgef staff/ consultant s Date
Provide project management services
o Oversight of TA team
o Coordinate conference calls and meetings
OWP: i n
o Ensure quality o deliverables 8 Project Management Anne Kernkama 13, 334 o Upload materials to FAAST as needed 11/ 30/ 2023
o Execute Work Plan
o Serve as primary point of contact
Monitor project scope, schedule, & budget
Assist with any follow up items on the application OWP: Anne Deliverable to be
Provide Post- Determined9 after submission, including assistance with the Kernkamp o 2, 668
Application Support
construction financing agreement. 10/ 15/ 2023
C. Total Budget (direct costs, including fringe)
Budget Categc ry Tat l
Amount
Re uested
Personnel 25, 339
Ex enses and Su lies 0
E ui ment >$ 5, 000 0
Travel 0
Professional and Consultant Services 76, 819
Contin enc
2 10% 10, 216
Total Costs I 12, 374
Costs may be shifted between line items upon written approval from the State Water Board Project Manager. Any costs exceeding the total amount requested will require an amendment to this work plan. 2 Use of contingency budget will require written approval from the State Water Board Supervising Engineer.
Budqet Assumptions: None.
Rev. Packet Pg. 407 03/ 24/ 21 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Amended Work Plan No. 6571- 4B Page 6 of 6
D. California Environmental Quality Act (CEQA) Certification Please indicate if all the work you will implement in connection with this work plan is consistent with one of the following CEQA exemptions:
Feasibility and planning studies with no ground disturbing activities ( Cal. Code Regs., Tit. 14, § 15262) Includes information collection via pilot studies, test wells, boreholes, etc. ( Cal. Code Regs., Tit. 14, § 15306) If proposed work includes ground disturbing activities in an area(s) with a potential for environmental impacts, including riparian habitat, wetland, endangered species habitat or sensitive cultural resources areas, you must notify your State Water Board Project Manager of the nature and scope of such work and receive approval prior to commencing ground disturbing activities.
Rev. Packet Pg. 408 03/ 24/ 21 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC
CITY OF REDDING
PUB IC WORKS ENGINEERING J `
Proposed Fee and Billing Rates for Engineering Services Cascade Racquet Club MWC Water improvements Project r, p"'` Hours and Fee
Task 1 Task 2 Task 3
Project Data Review and
Management Topographic Survey
90% Design
City of Redding Staff 2022 hrs fee hrs fee hrs fee
Title Hourly Rate
Project Coordinator 293J1 2 587 ! 0 6 1, 762
Associate Civil Engineer 195. 71 10 1, 957 ' 8 1, 566 84' 16, 440 Assistant Engineer 218. 76 0 i 0 12 2, 625
Engineer Tech II 165. 42 0 8 1, 323 84' 13, 895
Env. Compliance Manager 169. 84 0 ' 0 0
City Surveyor 200. 81 0 2 402 1 201
Survey Party Chief 118. 24 ' 0 12 ' 1, 419 0
Assistant Surveyor 85. 65 ` 0 16 1, 370 2 171
Expenses:
Bid Advertise in Record Searchlight
Task Totals 12 2, 545 ' 46 6,080 189 $ 35,094
Project Total
Hours Fee
247 43, 719
Note: Costs for final design, design services during bid & construction periods, and construction management not included.
Prepared By: Kurt Maire, PE
Date: 12/ 13/ 2021 Packet Pg. 409 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC
EXHIBIT C
FUNDING
AGREEMENT
wv. c'ac eo ur a o. ertam. nY1A7EC2 BDNt? 201}
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UNIVERSITY ENTERPRISES, 1NC.
A[ D
CALIFORN] A S ATE WATER RE50URCE5 CONTROL BOARD
ca<< rantrra'
VVater oa d5
TECHNICAL A5S15TAiVCE GRAN7
DRINKING WATER AND 1NAS` E NATER TECHNICAL ASSISTANCE AND OUTREACH AGREEMENT No. D1612806
AMOUNT: $ 7, 00O, OOfl
ELIGIBL START RATE; September 1, 204
W RK COMPLETION DATE: August 31, 2019
Fi1VAl. DISBURS M lVT REQU ST DATE: IVo ember3D, 20 9
RECORDS RET N' IDN TERM END DATE: August31, 2055
Packet Pg. 410 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget E niversity Enterpr[ses, Inc.
Agreement Na. Q1612806
WH R AS,
1. The 5tate Water Board is authorized to pro ide funding under this Agreement pursuant to the following:
Propositian 1 5ma11 Community Grants and Drin€cing Water- Section 79720-79725 of the Water Cade ( Prop 1)
2. The State Water Soard determines eligibility far financial assistance, determines a reasonable sc edule for praviding financial assistance, establishes com liance with the Prop 1, and esfablishes the terms and conditians of a funding agreement.
3. The Recipient has applied to the State Water Board for funding for tf e Project described in Exhibit A of this Agreement and the State Water Board has selected the appl cation far funding through a competiti e process.
4. Th Stat Water Board praposes to assist i f ndir g
the costs of the Project, nd the Recipient
desires to participate as a recipient of financial ass€stance fram he State Water Baard, upon the terms and conditEons set forth in this Agreament, all pursuant to Prop 1; NOW, THEREFOR, in consideration of th premises, mutual represer tations, covenants and agreemenfs in this Agreement, the State Water Board and the Recipient, ach binding itself, its successors and assigns, do mutual] y prom€se, covenanf, and agree as follows:
1. Defnitions.
lJnless otherwise specified, each capitalized term used in this Agreement has the fol[owing meaning:
Agreement" means this Grant, including ali e ibits and attachments hereto.
Authoriz d Representative" means the duly appninted represe tative of the Recipient as set forth in t e certified ariginal of the Recipient' s authorizing. resolution that designates the aufhorized representative by title.
Days" means calendar days unless otherwise express[ y indicated.
Disbursement Perind" m ans the period uring which Pro ect Funds may be disbursed, .
Division" means the Division af F'inarscial Assistance o€ the Stafe Water Board or any other segment of the State Water Board authorized to administer the funding pragram( s) set forth in Section 1.
Eligible 5tart Date" means tY e date set forth in Exhibi# B, establishing the date on or after which Proj ct Costs may be incurr d and eligible for reimbursement hereund r.
Fina1 Disburs ment Request Date" means# he da e estab[ ished in xhibit B, af er which date, no fur h r Project Funds disbursemertts may be requested.
Fiscaf Year" means fhe p rind o fwelve( 12} months terminating on June 30 of any year.
Force Accounf" means the use of the Recipienf' s own employees or resources far the Project.
GAAP" means generally accepted accounting principles, as is.su d by the Govemmental Accounting 5tandards Board.
Packet Pg. 411 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget i
University Enterprises, lnc.
Agreement f o. D 612806
age 3 of 28
Grant Manager" means the person designated by the State Water Board to manage performance of he Agreement. The Grant Manager is set forth in Section 2 of this agreement.
Indirect Gosts" means those casfs that are incurred far a common orjoint purpose benefiting more t€an one cost abjective and are not readily assignable to the Projecf ( i. e., costs that are nnt directly related Eo the Project).
Party Cnntact" m ans, for the Recipient, the Authorized Representat€ve of the Recipienf or any designee of the Authorized Representative, and, far the State Water Board, # he Grant Manager, . or the Program Analyst.
Policy" means the Praposifian 1 Technical Assistance Funding Plan, as amsnded from time ta time. roject" means the Project as c€escribed in Exhibi.t A and in the documents incorporated y reference. roject Com letion" means, as determined by the DivisEon, fhat the Project is com lefe to the reasanable satisfaction af the Division and is the last date on which Project Costs may be incurred. Work occurring af er Project Campletion is nat eligible for reimbursement under this Agr ement.
Project Costs" means the incurred costs of the Recipienf wh9ch are eligibfe under this Agreement, which are allowable costs as defined u der fhe Palicy, and whici are reasonable, necessary and allacable by the Rec pient to the Project under GAAP.
F' roject Director" means an empinyee of the Recipient designated by the Authorized Representative to be responsible for the ov rall management of the administrative and technical as ects of the executed Agreement. 7he Praject Dis-ector is set forth in S ctign 2 f this Agreement.
Project Funds" means unds d9sbursed by the 5tate Water Board to the Recipient for purposes af this Agreement.
Recipien° means Uni ersity Enf rprises, Inc.
Regional Water Quality Control Board" or" Regional Wafer Board" means the appropriate Regional Water Quality Control Bo rd.
State" means State af Califarnia,
State Water Board" rneans the Stat Water Resourcas Control Board, an adrrtinistrati e and regulatory agency of the State of Cafifornia.
Technical Assistance Recipient" means the small disadvantaged camrnunity or cornmunities iden#ified in the Work Plan( s),
Work Completion° means the Recipient' s submit#al of all work set forth under Exhibit A for review and appro al by fhe Division. The Di isior may require corrective work ta be perfiormed prior to Project Completion.
Work Completion ate" means the date set forth in Exhibit A that is the last dafe on which all work ar submittals in Exhibit A must be achieved.
Year" means calendar year ur less o herwise expressly indicated.
Packet Pg. 412 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget I'
i
University Enterprises, Inc.
Agreement No. D1612$ 06
Z. Party Contacts.
7he Party Contacts during the term nf this Agreement are:
StatE Water Board Recipient
Section: O ce of Sustainabfe Water Solutions
Name: Diana Conkle, Grant Mana er Name: Monica Kau inen, Pro ect Direcfar Addresa: 1001 I street Address: 6fl40 J Street,
Baokstore Buildin , Suite 3400
Cit , State,. Zi : Sacramento, CA, 95814 Cit , State, Zi : Sacramenta, CA, 95819- 61 1 P one; 916 341- 5660 Phone: 916 278- 7380
ax: 916 341- 5707 Fax: 916 278- 4886
mail: Diana. Conkle@waterboard. ca. gov Emai[: mkauppinen@cs s. adu The Recipient may change its Proj ct Director upon written notice to the Grant Manager, which notice sha11 be accompanied by authorization from the Recipient' s Au horized Representative. The State Water Board wifl notify the Project birector of any changes to its Party Contacts.
3., Exhibits and Appendices Incorporated.
The following exhibifs and appendices to t is Agreemenf, including any amendments and suppfements h ereto, are hereby incorporated herein and made a part of this Agreement:
EXF{ 1B17A— SCOPE OF WORK
EXH BI7— F' UiVD] iVG PROVI510NS
EXHlB1T C-- STANDARD TERMS AND CONDITIONS
EXHEB] T D— SPECIAL CONDITlONS
4. Recipient Representations and Commitments,
The R ci ient represents, rNarrants, and commits to tY e foliowing as of the date signed by the Recipient and continuing thereafter for the terrr of the Agreement:
a} General Commitments. l"he Recipient accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, incfuding all incorporated docum nts, and ta ful l[ all assurances, declarations, representations, and cammitments made by the Recipient in its app[ icatian, accompanying documents, and carrimunications fifed ir support af its request far financial assistance and throughaut the term of this Agreement. b) Autharization and Validity, The execut€on and delivery of this Agreement, including all incorporated docurrtents, has been duly authorzz d, This Agreement co stitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such nforcement may be limited by law.
c) No Violat€ons. The ex cutinn, delivery, and performance by Recipient ofthis Agreemer t, including alf incarporafed docum nts, do not violate any provision nf any law ar regulation in effect as of the date set forth on the first page hereof, or result in any breach ar defaul# under any contract, n ligation, indenture, ar other instrument to which Recipient is a party or by which Recipient is bound as af the daEe set forth on the first page hereof. d) No Litigation. There are no pending or, to Recipien' s Cnowledge, threakened actions, clairns, investigations, suits, or proceedings before any governmental autharity, court, or adminiskrativa agency which affect the fir ancial condi#ion or o erations of the Recipient andlor the Rroject.
E
I
Packet Pg. 413 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Llniversity nterprises, Inc.
Agreement No. Di612806
e) Solvency. fon of the transactions cantemplated by this Agreement will b or have besn made with an actual intenf to hinder, delay, or defraud any present or future creditars of Recipient. As of the date set# orth on the first page herenf, Reci ient is solvent and wi[I not be rendered insolvent by the transactions cantemp[atad by this Agreement. Recipient is able to pay its debts as they became due.
fl l.egal Status and Elig.ibility, Recipient is duly organiz d and existir g and in good standing under the laws of the State of Ca€ifornia, an will remain sa during the t rm of this Agreemer t.
Rec9pient shall at all times rr aintair its current legal existence and preserve and keep in full# orce and effect its fegal rights and authority. Recipient shall maintain its eligibility for funding under this Agreement for the term of fhis Agre ment.
g} Good Standing. The Recipient is currently in compliance with the state r quirements set forth in Exhibit C. Within the pr ceding ten years, the Recipient has no failed to demonstrafe compliance with pre iaus stafe audit disallowances.
h} Insurance. Recipient maintains sufficient insurance coverage cansidering the scape of ihis Agree ent, including, far example, but not necessarily limited ta, Genera! L9ability, Autamobile Liability, Worker' s Comper sation and Employer' s Liability, Professior al Liability.
5. Project Campletion.
The Recipient shall expedifiously proceed wiYh an complete the Project in accordance with #his Agreement,
8. I ot9ce.
a) he Recipient shall nofify the Division in writing within five( 5) working days of the occurrence of the fnllowing:
1) Bank uptcy, insoi ency, receivership or similar event of the Recipient; 2) Actians taken pursuant to state law in anticipatior of filing for ankruptcy; b) 7he Recipient shall nntify the Divisian within 1Q warking days of#he f llowing 1) Any litigafior pending or threatened against Recipient regarding its continued existence, consideration o# dissolution, or disincorporation;
c) The Recipient shall natify the Division promptly of the follnwing:
1} Any proposed change in scope of t e Praject. Most changes wilE require an amendment to this Agreement;
2) Cessation of work on t e Project where such cessafion of wnrk is expected ta or daes extend for a period of thirty( 30) days or mare;
3) Any circumstance, combination of circumstanc s, or condition, which is expected ta or does delay Work Campletian for a periad of ninety( 90) days or more beyond the estimated date previously provided to fhe Division;
Any mnnitoring activities such that the Stafe Wat r Board andlor Regional Water Quality Control Board staff may observe and documenf suct activities; Packet Pg. 414 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget i
University Enterprises, ] nc.
Agre ment fo. 1612806
Page S of 28
5) Any public or media event publicizing the accomplishments and/ or results of this Agreement and p o ide the opportunity for attendance and articipation by state representatives with at least t n ( 0) working days' notice fo the Divis€on; or 6} Work Completion, and Project Campletion.
7. No Qbligation of ths State; State Budget Act Contingency.
Any abligation of the State Water Board herein contained shall nat be an abfigation, debt, or liability of the Sfafe and any such obliga#ion shall be ayab e salely out of the moneys apprapriated by the 5#ate Legislature ta the 5tate Water Board firom the special fund associated with this Agreemant.
If the B dget Act of the current year andlar any subseguent years covered under this Agreement daes nat appro riate sufficient funds for the program, this Agr ement shall be of no force and effect. " his pra ision sF all he construed as a condition precedent to the obligation of the State Water Board t make any payments under this Agreers ent. In this event,. the Sta e shall have no fiability to pay any funds whatsoe er to Recipient or to furnish any ot€ er consideratians under t is Agreement and Recipient shall not be obligat d to perForm any provisions of Ehis Agreement. Notl ing in this Agreement shall be construed to provide the Recipient wiEh a right of priority# or payment aver any other recipient. f tY is Agreement' s funding for any' iscal Year[ s reduced ar defeted by the Budget Ac#, by Executive Order, ar by arder of the Department of Finance, the State shall ha e the option to either cancel this Agreement with no liability accurring to the State, or offer an Agreer ient amendment to khe Recipient to reflect the reduced amounE.
3 Packet Pg. 415 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget tniv rsit. nter ris s, I.
Agreern nt No. C' 16 2846 R g 7 t 28
1! WITtS t+G'N F; t1 is A,greer ent has been ex c# ed by th pa€#ies hr c.
U?Nf' tSI` Cl' d1'° R;PRISES
p
II EC.,
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Packet Pg. 416 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget i
University Enterprises, Inc.
Agreemenf No. 1692806
EXHIBfTA— SCOPE OF WORK
A. 1 Completion pates..
The Wark Completion Date is established as August 31, 2019. The Recipient si all deliver any request for e} ctensian of the Work Completion date no less than 9 days prior to the Work Completion ate. The Di ision will not unreasonal ly deny such a timely request, b at the Di ision may d ny requests received after this time.
A. 2 Purpose.
T is grant is for the benefit af the Recipient. This grant is for the b nefit oftihe Technicaf Assistance ecipient identified in the Work Plan or Wo k P[ ans. lts purpose is for t e provisian of technical assistance ta smail disad antaged communities to develop, fund, and implemen their capital improvemen# prajects.
A. 3 5cape of Wark.
The R cipient agr es to do the following:
The Division accepts requests for techn': cal assistance on a confinuous bas[ s.. The Division may refer eligible assistance requests ( ARs) to the Recipienf. After accepting an AR, the Recipi nt wil{ deterr in what specific assistance it pians ta provide and wiU submit a technical assistance Work Plan with esticnated deliverables and du dates for Divisiqn app.ro al, i"he technical assistance proposed in a given Work Plan shall be consistent with the general# echnica] assistance tasks ou lined below, and the grantee shali implement technical assistance consistent with Divisiort- approved work plans, or amendments thereto, including timely submiftal nf deliverabies within the a proved Work Plan budget. ach appro ed Work Plan shall constitute an amendment to fhis Agreemerst and must be signed and dated by the Deputy Director of the Division or designee and the Authorized Representative, Prnj ct Directar, or designee to be effective.
a) 5coping: he purpose of this tasK is to define the project and prepare a work plan. 1} Characterize challenges and pofential solutians
Z} Conduct kickoff mseting to discuss path forward
3) Prepare project work pfan
b) Pre- Planning: The purpose of this task is to determine wh ther to cansolidate or impro e the water andlor wa5tewater system( s).
1} Conduct Community Outreach
a. Preparelim lemenf outreach strategy
b. Assess community infierest in the projec#
c. Conductldocument community meetings
d. Prepareldistribute communication materiais
e. Canduct pre- project socio- economic assessm nt to establish baseline 2} Conduct a Median Housel ol [ ncorne ( MHI) 5urvey
Packet Pg. 417 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Uni ersity nterprises, Inc.
Agreement No. C31612806
3) Evafuate Consnlidation Feasibility
a. Identify pntential facilities within a fiv- mil radius b. Initiate contacf with candidate facility owners
c. Conduct cost- benefit ana[ysis of consolidation constr ction d, E aluate organization of restrt ctured water andlor wastewater system{ s) e, Prepare preliminary agr ements to participat in facility consolidation f. valuate and docurrtenk Laca Agency Formation Commission ( LAFCO) requirements g. Evaluafe governance options
h. acilitate decision- making process
i. Prepare consolidation commltm nts ( e. g. board resolution} j. Assist with forrnation of new entity
A) Conduct Technical, Managerial, and Financial Ass ssment and Assistance a. E aluate whether water quality meets regula# ary fimits ( either through review of existing data or thro gh sampling and analysis)
b. De elo or update policy manual
c. Develop or updat financia! policy
d. Develop or update hudget and projectslcapital impro ment and asset mar agement pians
e. De elop or updat op rations and maintenanc plans
f, Determine scope and budge# for Ianning
g, Assist in preparing Drinking Water State Revolving Fund ( DWSRF) andlor Cfean Water State Reval ing Fund ( CWSRF) plannir g financing application h. Pro ide grantlfunding administratian
i, Assist in procurement of prof ssional s rvices
c) Pfanning; The purpose of t is task is to conduct or review studies and prepare or re iew conceptual, pre-, and nal designs far the water and/ or was ewafer syst m impravements, ConductCommunity0utreach
a. fmpler- r entoutreach strategy
b. Conductldocum nt carnmunity meetings
c. Prepareldistribute communicafian materials
Packet Pg. 418 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, ] nc.
Agreement Na. D1612806
2} Conduct etail d E afuatian of Drinking Water Source, and Treatment ar d Distribution 5ystems
a. Water quality( raw sup ly and distribuiion system)
i. Conduct hydrageo ogic and geotecf nical evaluatians, as appropriate b. Capacity( supply, treatment and storage}
i. Conduct hydrogeofog[c and geotecF nical evafuations, as appropriate c. Leak detection and water audits
d. Condifian assessmentlexpected facility life
e. Er ergy uselefficiency
3) Identify Needed Water System ] mprav ments
a. Additional source water( surface, ground or recycl d) b. Facilities needing etrafitting ( source, treatment, storage, distribution) c. Facilit' ses needing replacement ( source, treatment, starage, distributinn) d. Newfacilities ( source, treatrrzant, sfiorage, diskribution) e. Identify and e a[ uate alternative solutions— consider non- cosf and cost enefits and recommend solution( s)
4) Canduct a Detailed Evaluation of Wasfewater System
a. Wastewater quality( pre- and post- treatment)
b, Capacity( collectian, treatment and disposal)
i. Cnnduct hydrogeologic and geotechnical evaluatians, as appropriate c. Septic to sewer con ersions
d. Leak detection
e. Condition assessmantlexpected facility life
f. Energy uselefficiency
5) Ider tify Ne ded Wastewater 5ystem Improvements
a. Facilities needing retrofi ting ( collection, treatment and disposal} b. Facilit es n ding replacement ( coflectinn, treatment and disposal) c. New facilities ( collection, treakment and disposal) i
Packet Pg. 419 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget E
University En# er rises, Inc.
Agreement No. b16128Q6
d, Identify and e.valua e alternative solutions— consider n n- cost and cost benefts and recomrrtend solution
6) Provide Environmental Services
a. fdentify strategy to meet environmental requirerr ents ( e. g. CEQA, other} b. Prepare permit applications and reporis ( e. g. domestic water suppEy permit, Report of Waste ischarge, tc.)
7) Provide Design or Design Review Services
a. Conceptual ( 10%) design, cost estimafe, and delivery method ( e. g. conventional or designl6uild) for selected so[ ution
i. Water supply( e. g. we fs or other)
ii. Water treatment .
iii. Water distributian
i. Wastewater coll ction
v. Wastewater treaEment
vi. EfFluent dispasal
b, Pi[at studies
i. Waier supply( e. g. we fs ar o# her)
ii. Water treatment
iii. Wastewater treatmer t
iv. Effluent disposal
c. Preliminary( 30%} design { including er gineer' s estimate and supparting drawings, as apprnpriate)
i. Wat r supply( e. g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatrs ent
vi. Effluent disposal
d. Detailed (' OQ%) design ( including detailed engir eer' s estimate and plans and specifications, as appro ria e)
i
Packet Pg. 420 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget I
i
E niv rsity Enterprises, Inc,
Agreernent No. D1512806
i. Water supply( e. g. welis ar other)
ii. Water treatment
iii. Water distribution
iv. Wasfewater collectior
v, Wastewater treatment
vi. Effluent disposa!
8) Provide Management Support
a. Pr pare Request for Aroposal RFP) for detailed designer( s) or contractor( s) { depending on delivery method)
b. P ovide support during bidding
Answer questions durir g the bid period and prepare addenda ii. Evaluate. bids and make recommendation to award
c. Conduct rate s#udy
d. Suppor Proposition 2'! 8 compliance
e. Prepare relevant se vice, management, operating, or joint powers agreement( s) f. Prepare consolidatian agr ement( s)
g. Assist in preparing a DWSR' or CWSRF construction funding application h. Prepare resolutinns, CAI'tl C tI031S, and [ egal opinions d) Co struc#ion: 7he purpose of this task is to oversee construction and cammissioning of wafer system improvements.
1) Conduct Community Outreach
a. lmp[ement outreach strat gy
b, Gonductldacumen# commun ty meetings
c. Prepareld9stribut communication materials
d. Prepare post- projeck sacio- ecanomie assessment
2) Provide 7echnical 5upport
a. Conduct periodic inspections
b. Answer cantra tor requests for information
c. Review contractor construction schadule
Packet Pg. 421 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget i
Uni ersity nterprises, Inc.
Agreement No. D1G12806
d. Review equipment technical submittals
e. Prepare construction change orders
f. Review contractor pay requests and receive certEfed payrolls g. Recei e certificatlons of proper installation
h. Review materials an perFormance testing
i. Schedule operator training by contractor
j. Monitor facility start- up
K. Coordinate completian of record drawings for facilities and locations 3) Provide Managerial Support
a. Updafie aperations and ma9nfenance documentation, as appropriate b. Pro ide training
c. P rForm contract claseout
d. Manage warranty ser ices
e. Prepare emergency response plan
4) F' ravide Financ[al Managemen Support
a. Assist in funding adminisfratian
Related t chnical assistance tasks not specifically listed abava, but consistent with the general scope and types of technical assistanc described above rnay be included in a technical assistance Work Pian subject to Division appro al.
A. 4 Reporting.
a) Progress Reports. The Recipien# shal! submit quarterly rogress reports to the Grant Manager within thirty( 3d) days follawing tJ e end of the calendar quarter( March, June, 5 pt mb r, and December). Progress Repor s shall provide a.brief description of activities that have occurred, miles ones achieved, rnonitoring results { if applicable), and any problems encountered in the perFormance of the work under this A reement during the ap licable reporting period. Reporting s all be required even if no grant related acti ikies occurred during the repor ing periad. The Recipient shal] docum nt al[ activfEies and expenditures in progrsss reports, including work pe Farmed l y contractors. Pragress reports must be signed by the Authorized Repr sentative, Project Director, or designee.
b} As Needed lnformation or Reports. The Recipienk agrees to provide expeditiously, during the term of this Agreement, such reports, dafa, and information as may be reasonably required by the G] ivision, including buf not limited to maferial necessary or appropriate for evaluation of the funding program or to fulfill any reporfir g requirements of the state or federal gavernment. i
Packet Pg. 422 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
Agreement lo. D16 28a6
Page '[ 4 of 28
c) Final Project Summary. At the conclus on af the Project, the Recip ent must submit a draft Finaf F' roject Summary to the Grant Manager for revlaw and approval. The draf Final Project 5ummary shall con#ain a rie# summary ofthe Project, including accompfishm n#s, b fore arsd after pictures, as appropriate. The draft Final Project 5ummary shall be in a format provided by the Grant Manag r. Folfowing comments from the Grant Manager, the Recipient shall submit the revised Fir al Project Summary for re iew and approval and shall upload an ele ctronic cnpy of the fnal Project Summary to the FAAST systerr.
Packet Pg. 423 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget E
Uni ersity nterprises, Inc.
Agreement No. D1612806
EXHIBIT B— FtJNDIiVG i' ROVISIONS
6. 1 Project. Funding.
5ubject fo the# erms of this Agreement, the State Water Baard agrees to provide Project F' unds as a grant in fhe amount of u to seven million ar d no cents($ 7, OQ0, 004), B. 2 Estimated Reasonable roject Cost.
The es#imated reasonabfe cost of the total Project is seven mi[ lion and no cen#s ($ 7, ODO, Q00}.
B. 3 Funding Dates.
a) The Efigjble Start Dafe is 5eptember 1, 2096. OtF erwise efigibl costs incurred prior ta this date will nat be reimbursed, unfess otherwise specifiied in Exhi it p. b) The Final Disbursement Request Date is November 30, 2 19. T€ e Deputy Director of the Division may ex end this date for good cause. E ensions may require an amendment ta this Agreemant.
All dis ursement requests must be submitted to the Division such that they are received prior to this date. Late disbursemenf requests will not be honared and remainir g amounts will be deobligated.
c) The# erm of this agreement is from the 5tart Date on the cover age of this Agreement to the End Date of August 31, 2055.
B. F Budget Summary.
LINE I7 M PROJECT FUNDS
O`CAL COSTS
GRAN7)
PersonnellS ecificStaff 1, 422, 997 1, 422, 997
Expenses and Su lies 78, 127 78, 27
S ecia! Pu ose ui ment > 5, OQ0 0 0-
Travef 117, 864 7, 864
Professional and Consultant Services 4, 10d, QOfl 4, 100, 000 Indirect Costs 1, 281, 12 1, 2$ 1, p12
T TAL. 7, 400, QD0 7, 000, 000
B. 5 Budget Flexibifity.
a) 5ubject to the prior review and approval of the Grant Manager, adjustments between existing line item( s) may be used to defray allowabie direct costs up to ffteen percent ( 15%} of the total ambunt, incfudir g any amendment( s) thereto. Line item adjustrr3er ts in excess of ffteen percent 15%) require an Agreem nt amendment,
b) The Recipient may submit a request tor an adjustment in writing to the Grant Manager. 5uch adjustm nt may not increase or decr ase the total grant amount. The R cipient shall submit a co y of the or ginal Agreement Budget sheet re#lacting the requested changes and shall note proposed changes by striking out the original amaunt( s) followed with proposed change( s) in bold and underlined. Budget adjustments dele#ing a bud et line item nr adding a new budget line item shall require a formal am ndm nt. The Di ision may alsa pro ose budget adjustments. c) The sum of adjusfed fine ifems shall nat exceed the total budget amount. i
Packet Pg. 424 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
Agreement No. R9612806
B. 6 Disbursement of Praject Funds; Availability of Project Funds, a) The State Water Board' s obligation to disburse Project Funds is contingent upon the availabil€ty of sufficient funds to permit the disbursements provided far hereir. [ f sufficient fiunds are not available for any reason, including but not limited to failure af the State go ernment ta appropriate funds necessary for disbursement of i' roject Funds, the State Water Board shall not be obligated to make any disbursemer ts to the Recipient under fhis Agreement. This prov9sion shall be construed as a condition precederot to the obligation of the Sfat Water Board to make any disbursements under fhis Agreement. iVothing in this Agreement shall be construed to provide the Recipient with a rEght of priority for disbursement over any other recipient. If any disbu sements due tha. Recipienk under this Agr ement are deferr d because su€fci nt funds ara una ailable, it is the inten# ion of fhe State Water Board thaf such disburserr ent will be made to the Recipient when suffcient funds do become available, but this intentian is not binding. If this Agreement' s fundir g for any fiscal year is r duced or deleted by the Budget Act, by Executi e Order, or by order of the Depa tmenf of Fina ce, the State shall ave the option to eithar cancel this Agre rnent with no liability occurring to the Stafe, or offer an amendment to khe Recipient to reflect the reduced amount.
b) Except as may be ofiherwise provided in this Agreement, disbursement of Project Funds will be made as fol] ows:
1) Upon execution and deGvery af this Agreement, the Recipient may request disbursement for eligible Project Casts as specified in this Exhib' sf fram he Project Funds through submission to the State Water Board of d isbursement requests using ti e disbursement requesf form pro ided by fhe Grant Manager.
2) isbursement requests shall contain t e following information:
a. he date of# he request;
b. The time period covered by the request, i. e., the term " from° and "to"; c. The total amount requ sted;
d. D.ocumenta# ion of riatch
e. Origina4 signa# ure and date( in ink) of Recipient' s Aut orized Representati e; and, f. The Final Disbursement Request shall be cleariy marked " FINAL DISBURSEM VT REQUEST" and shall be submitted NO ATER THAN
Navem er 3, 2a19.
3) Reques s must be i emized based on the line items specified in the budget in this Exhibit.
Requests must be sigr ed by the Autharized Represen#ative, Project Rirector, or designee and must be addressed to the Grant Manager as set forth in th Par#y Co tacts section of this Agreem nt, Requ sts for disbursement aubmitted in any ofher format than the one provided by the Stake Water Board will cause a request for disbursement to be disputed. In fhe event of such a disput, t e Grant Manager will notify the Recipien. Paymsnt will not be made until the disp te is resolved and a carrected request submitted. The Grant Manager has the responsibif ty for appro ing requests for disbursement. Requesfis must be compl t:
and executed by t e Recipient: Praject Casts incurred prinr to the Eligible Start ate of this Agreem r t wil] not be funded.
4) Project Funds must e requested at least quar erfy, not more tY an mbnthly, far eligible costs incurred during the reporting period of the corresponding Progress Repnrt, dascribing the acfi ities and expenditures for which the dis ursement is being requested.
Packet Pg. 425 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget i
University Enterprises, Inc.
Agreement Na. D1612806
5) T e Recipient agrees that it will not request disbursement for any Projec# Cost until such cos has been incurred and is currently d e and payable by the Recipient, although the actual payment of such cost by tha Recipient is not required as a candition of disbursement request, S pporting documentation ( e. g., receipts} must be submitted with each dis ursement request. isbursement of Project Funds wi l be made only after receipt of a complete, adequately sup orted, properly documented, and accurately addressed disbursement request.
6) The Recipient may request reimbursem nt far ackual ( not budgeted) indirect cosfs, This may include reasonable cast af items necessary for fhe implemeniation and management of the Project, such as: re t, utilities ( gas electric, water, sewer trash, infernet, etc.), janitorial services, reasanable maintenance and repairs, pest control, landscaping, equi men# workstatian, fax machines, compu# ers, printers, copiers, postage machines, servers, data storage), office suppfies ( paper clips, staples, paper, etc.), printing, shipping, sl redding, postage, caurier se vice; tel phon, docurn nt storage, insurance ( general liability, professional liability, work rs compensation ( if not already reflected as part of fringe), and support staff( such as procurerr:ent services, accounting, information technology, human resources, trainin. g and staff developrnent}.
Any casts ineligible far reimbursemer t thraugh this Agreernent should be excluded priar to requesting reimbursement. Examples nf in] igihle costs include: p.atents or copyrights, ank fees or ser ice charges,. fiaxas, ( icenses, intarest, existing indebtadness, amortization, depreciation, [ asses, damages or settlements, fines or penalties, fees refatad to incorporation, costs relat d to establishment or reorganization, ir surance de uctibles, lobbying, legal defense or prasecutian costs, fitigation, ad ertising, contributions ta other nonprofits or e ents, public relations, marketing, employee appreciation, scholarships ar tuition fees, employas relocatior, con# erence attendance, subscriptions or publication fees, membership dues, entertainment, meals, refreshments, alcoholic beverages decorations, childcare or stipends for meeting participants, profit or markup by the grantee, contractor or subcontractor markup fees, auto insurance ( state mileage rates already include compensation for such costs), travef costs non cansis,tent with State tra el policies, miscellaneous costs, cont[ ngencies, other costs deemed f y Grant Manager t be unreasonable, excessive, inappropriate or not related to# he purposes of the grant.
It is# he Recipient' s responsibifity to verify that ineligib[ e costs are not cfaimed, and to maintain backup documentation and source documents to support indirect cosi accoun.ting, All such documentation must be availabfe. in the case of an audit, No cos s in oiced as par of indirect costs should be include elsewhere as a irect cost. Fringe should be incfuded in personnel.
7) The R cipi nt will not seek reim ursement of any Project Casts that have been reimbursed from other funding sources.
8} Recipient shafl spend Project Funds within 30 days of receipt, Any interest earned an Project Funds shall be repor ed to th State Wat r Board and will eiti er be required to be Ceturned to t1 e Stafe Water Board ar deducted from future disbursements. In the event that the Recipienfi fails to disburse Project Funds# o contractors or vendors witf in thirty( 30} days from receipt of the funds, th Recipient shall imme iately return such# nds to the State Wat r Baard. Ir te- est shalI accrue on such funds from he date of disbursement th ough tY e date of ma[ling ot funds to the State Water Board. If the Recipient held such €unds in interest- bearing accounts, any interest earned on the€ unds shall also be due to t e Stata Water Board.
Packet Pg. 426 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Uni ersity Enterprises, Inc.
Agreement Na. b16 2806
9) Recipient shafl req esf its final disbursement no later than the Final Disbursement Request date specified herein unless prior approval is granted by th Divisior. If#he Recipient fails to da so, then tl e undisbursed balance af this Agresment will be deobligated. 90) The Recipient agrees that if wifl not requsst a d'€sbursement unless that cost is allowable, reasonable, and allacabfe.
1) Notwithstanding any ofher provision of this Agreement, no disbursement shall be req ired at any#ime or in any mannsr that is in violation of or in conflict with federal or state laws, policies, or regulations.
12)The Recipient agrees that it sha l not be enfitled tn interest earned on undisbu sed Project Funds.
13} Any reimbursement for necessary travel and per diem shall be at rates not tn exc ed those set by the California Department of Human Resources. These rates may be found at http: llwwuv. caIhr. ca. qavlemplayeeslPagesltravel- reimburserr er ts. as x. Reimbursemer t will be at the 5tate tra el and per diem arriounts that are current as of the date costs are incurred by# he Recipient. No travel outside the State of Cafifornia shal[ be reimbursed unless prior written authorization is obtained from the Grant Manag r. 14) T e Recip9ent must include any nther do uments or requests required or allawed under this' Agreemen. t.
B. 7 Withholding of nisbursemen#s and Material Violatians. a) Natwithsfandir g any other provision ofth4s Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent{ 1 Q°lo} of the Project Funds until Project Comp etion. Ar y retained amounts due tn fhe Recipient will be promptly disburs d to the Recipient, without interest, up on Project Campletion,
b) 7he State Wafer 8oard may withhold all or any portior of the funds provided for by this Agreement in the event that:
1) The Recipi nt has rt aterially iolated, or threafens to materially violate, any term, provisian, condition, or commitmer# of this Agreement; or
2) The Recipient ails to maintain reasonable progress# oward Project Completion.
6. 8 Remai ing Balance.
In the event# he Recipient does na request all of the funds encumbered under his Agre ment, any remair ing funds r ert ta the State.
B. 9 Fraud and Misuse of ublic Funds.
All requests for disbursement submitt d shaIl be accurate and signed under penalty of perjury. Any ar d all costs submitted pursuant to this Agreement shall only be far the tasks set farkh f erein. he Recipient shall not submit any in oice cantaining costs that are ineligible or haue been reimbursed from oth r funding sources unless required and specifically noted as such ( i. e., match casts). Any eligible costs for which the Recipient is seeking reimbursement shalf no; be reimbursed from any other source. bouble or multipfe billing for t me, services, or any other eligible cast is illegaf and canstitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theff, or any other misuse of public funds may resui in susp nsian of dis ursements of Project Funds andlor termination of this Agreerrient requir'sng the repayment of all funds disbursed hereunder. Additionally, the beputy Director of the Division may request E
Packet Pg. 427 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Ir c.
Agreement No. D1612806
an audit and refer tne matter to the Attorney General' s Office or the appropriate district attorr ey' s offiice for criminal prosecution or the imposition of civil liability. ( Ci. Code, §§ ' E 572- 1573; Pen. Code, §§ 47q, 489- 490.)
Packet Pg. 428 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget lJniversity Enterprises, Inc.
Agreemenk Na. D16128D6
EXHI IT C— STANDARD TERMS ANQ CONDETIOiVS
C. 1 Accounting and Auditing Stanclards.
The Recipierst must ma ntain Project accaunts accarding to GAAP. The Recipient shal] maintain GAAcompfiant Project accaunts, including GAAP requirements relatir g to the reporfing of infrastructure assets.
C. 2 Amendme t.
No amendmer t or variatio.n of the terms of this Agreement shall ba afid unless made in writing, signed by the pa ties and approvad as required. No ora] or written understanding or agreement not incorparafed in this Agresment is bindir g on any of the parties.
C. 3 Assignabifity.
This Agreem nt s not assignabf by the Recipient, either in whole or in part.
C. 4 Audit.
a) The Rivision, at its option, may calE for an audit of financial information relative to the Planning, where the Divisior d termin s that an audit is desirable to assure program integrity or where sucY an audit becomes necassary because ofstat orfederal r quirements. Where such an audit is called for, th audit shall be per#ormed by a certi#ied pu lic accountant independent aF the Recipient and at the cost af the Recipient. T e audit shall be in the form required by the Uivision. b} Audit disallowances will be returned to the State Water Board. Failure to comply with audit disallowance pro isions shall disqualify the Recipient frorr3 participating in State Water Board funding programs.
C. 5 [ Reserved]
C. 6 Claims,
Any claim of fhe Recipient is limited to the rights, rernedies, and claims procedures pravided to the Recipient under this Agr em nt.
C. 7 Campetiti e Bidding
Recipient shall adhere to any applica le state or local ordinance for com efitive bidding and applicable labar laws.
If R cipient is a pri afe entity, any construction contracts rela#ed in any way to the Planning shal be let by competitive bid procedures# hat ensure award of such contracts to the iowest res onsihle bidders.
Recipient shalf nat award a constructian contract unt€I a summary of bids and identification of the selected lowest responsible bidder is submiifed to and appra ed in writing by the Division. Recipi nt must pro ide a full explanation if Recipient is proposing to award a construction contract fo anyone ather than the lowest responsible bidder.
C. 8 Compliance with Law, Regulations, etc.
7he Recipient agrees thaf it wil1, at all times, comply with and require its contrac#or and subcontractors ta comply with all applicable federal and state laws, rules, guidelines, regulafioros, and requirements.
Withaut lirnitation of the foregoing, the Recipient agrees that, to the ex ent applicable, the Recipient wi l:
Packet Pg. 429 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget i
Uni ersity Enter rises, Irsc.
Agreement Na D 612806
a) Comply with the State Water Board' s Policy;
b) Corrtply with and require compliance with fhe fist of state aws( cross- cufters) in Section C- 31 ofthis Agreement.
C, 9 Conflict of Interesf.
The R cipient certifies that its owners, officers, directors, agents, representati es, and etnpfoyees are in compliance, and shafl retnain compliant through Project Gompietion, with a plicable state and federal conflict of ir terest ]aws, including but not limit d to laws related to conflict of interes# iaws related to contracting and procuremen.
C. 10 Damages for Breach Affecting Tax-Exempt 5tatus or Federal Complianc.
In the event that any breach of any of the provisions of this Agreemant by the Recipient shall result in# he loss of tax- exempt status for any bonds of the State or any subdivision or agency ther of, including bonds issued on behalf of the $ tata Water Board, or if such breach shal[ result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage pro ts, the Recipient shall immediate y reimburse the State or ar y subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. [ n the e ent that any breach af any af# he provisians of this Agreement by the Recipient shall result in the failure of Project Funds ta be used pursuant to khe provisions of#his Agreement, ar if suc reach sha[ f resuft in an obligation nn fY e part of the State or any subdivision or agency thereof ta reimburse tlie federal government, the Recipient shal] immediately reimburse the State or any subdivisian or agency thereof i an amounf equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.
C. 1 Disputes.
a) The Recipient may a peal a staff decision within 30 days to ti e Deputy Dirsctor of the Division or designee, for a fnal ivision decision. The Recipien# may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsei of the Sta e Water Board will prepare a summary of fihe dis ute and make recommen atians relative to its final resolution, whlch will be pravided to the State Water Board' s xecutive Direc# or and each State Water Board Member. Upon the motion of any State Water Board Member, the S#a#e Water 8oard will r view and resnlve the dis ute in the manner determined by the State Water Baard. Should the State Water Baard determine not to re iew the final Division decision, fhis decision wil[ represent a final agency action an the dispute.
b) This clause does not preclude consideration of legal questions, pra ided that nathing herein shall be construed to make flnal the decision flf t e 5tate Water Baard, or any officfal or representative thereof, on any questian of IaUv.
c) Recipient shall continue with th responsibilities under this Agreement during any dispute.
C. 12 Financiaf Management Sys em and Standards.
The RecipienE agrees to comply with federal standards or financial managemen systems. The Recipient agrees that, at a mfnimum, its fiscal controi and acco nking procedures wiil be suffcient to permit preparation of repor s required by the federal or state government and tracking of Project Funds to a le el of expenditure ad quate to establ€sh that such funds haWe not een ussd in violatian af federal or state law or the terms of t1 is Agreement.
Packet Pg. 430 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enter rises, Inc.
Agreement No. D1612806
C. 13 Governing Law.
This Agreemen# is go erned by and shall be interpre#ed in accordance with the laws of the State of Cafifornia.
C. 14 lncome RestricEions.
The Recipient agrees that any refunds, rebates, credits, or other amaunts( including any interest thereon) accruing to or received by the Recipient under this Agreement sf ali be paid by the Recipient to the State, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the SEate under fhis Agreement.
C. 15 Indemnification and State Re iews,
Tf e parties agree that review or appraval o Project documents y the State Water Board is for administrative purposes only, including conforrr ity with ap lication ar d eligibi ity criteria, and expressly not for the purposes of desi n defect re iew or construction feasibility, and does not relieve the Recip[ ent af its responsibility tn engage in proper p] anning. 7o the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless #he 5tate Water Board, and its a€ cers, err playees, and agents coliecti eEy, " Indemnified Persons"}, against any loss or liability arising ou of any claim or actian brought against any] ndemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoe er arising out of, resulting from, ar in any way connected with ( 1) the Project or the canditions, occupancy, use, possessiort, canduct, or management nf, work done in ar abouf, or the planning, design, acquisition, installation, or canstruction, of tha Project or any part thereof; (2} the carrying out af any of the transactions contemplated by this Agreement or any related document; ( 3) any violatian of any appficable law, rule or regulation, any environmental law( includir g, without limitation, the Federal Comprehensive n ironrt ental Response, Comp nsation and Liability Act, #he Resource Gonservatian and Reca.very Act, the California Hazardous Substance Account Act, the Federal Watar Pollution Contral Act, the Clean AirAct, fhe Toxic 5ubstances Control Act, the Occupationaf Safety and Health Act, the Safe Drinking Water Act, the California Nazardous Waste Control Law, and California Water Cade Section 13344, and any successors to said laws), ru e or regulatia or the release of arty toxic substance an or near the System; or( 4) any untrue statement or alleged untrue statement ot any material fact ar omission ar alleged omission ta state a mater'sal fact necessary ta make the tatements required to be stated ther€ n, in light of the circumstances under which they were made, not misleading with respect to any in#ormafion pravided by the Recipient for use in any disclosut- e dacument utiliz d in connectlon with any of the trans.actfons contemplated by this Agre ment. To the€ ullest extent permitted by law, the Racipient agrees to pay and discharge any judgment or award entered or made against [ ndemnifed Persons with resp ct to any such claim or action, and ar y settlement, compramise or ofher volun ary resolution. The pro isions of this secti.on shafl survi e the term of this Agreemenf and t e discharge of the Recipient' s Obligation hereunder.
C. 16 In ependent Actor.
The Recipient, and its agents and employees, if any, in the performance of this Agreement, sY all act in an independent capacity and not as officers, employees, or agents of the Stafe Water Board.
C. 17 Integration.
This Agre ment is the complefe and fina[ Agreement between the parties.
C. B Non- Discrimination Clause.
a) During the perFormance af this Agreement, R cipient and its cor tractors and subcontractors shall not unlawfully discriminate, harass, or alla nr harassment against any employee or app]icanf for employment because of sex, race, color, ar cestry, religia s creed, natianal origin, sexuai Packet Pg. 431 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Lfniv rsity Enterprisss, Inc.
Agreem nt No. D4612806
orier tation, physical disability( including HkV and AfDS}, mental disability, medical condition cancer), age ( over 40), marital status, deniai of famify care leave, ar genetic i formation, gender, gender ider tity, gender express4on, or military and veteran sfatus. b) The Recipient, its contractors, and subcontractors shall ensure that the e aluafinn and treatment of# heir employees and applicanfs for employrnent are free from such discrimination and f arassmenf.
c) The Recipient, i# s contractors, and subcontractors shalf comply witl the provisions of the F'air mp[ oyment and Housirtg Act and the applicable regulations romulgated thereunder. ( Gov.
Code, § 12990, s abds. ( a)-{ et seq.; Cal. Code Regse, tit. 2, § 7285 et seq.} Such regulations are incorporated into this Agre ment by reference and made a part hereof as if set forth in# uil. d) The Recipien#, its con#ractors, and subcontractors shall gi e written natice of their abligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e) The F2ecipient shall include the nondiscrimination ar d compliance pro isians af this clause in all subcantracts to perform work under the Agreement.
C. 19 No 7hird Party Rights.
Tne parties to this Agreement do not create rights in, or gra t remedies fo, any ti ird party as a beneficiary of this Agreement, or of any duty, covenant, obligation, ar undertaking establish d herei.
C. 2Q [ Reserved]
C. 21 Qther Assistance.
If€ unding for roj et Cosfs is made available to the Recipient firorn sources other than this Agreement, the Recipient sha[I imrriediately notify the Grant Manager.
C. 22 Permits, Contracting, Disqualificakion,
The Recipient shalf comply in all material respects with all applicable fedaral, state and local laws, rules and regulafions. Recipient shall procure all permits, licenses and oEher authorizations necessary to accomplish the work contemplated in this Agreement, payal] charg s and ees, and give aIl notices necessary and incidental ta the due and lawFul prasecutian of the work.
Fo any work related o this Agreeme t, the Recipient shall not contract wit any individual or organizatior on the State Water Board' s L.ist of bisquafifed Businesses and Persons that is identified as debarred or suspended or ot erwise excluded fram or ineligible for participation in any work overseen, directed, funded, or administered by the 5tate Water Board program for wi ich fundin under this Agreement is authorized. The State Water Baard' s List of Disqualified Business s and Persons is located at http: llwww.waterboards. ca. qovlr vater issueslprogramslustcfldbp. sY tml.
C23 Pu lic Records.
The Recipient ac Cnowledges# hat, except for a subset of information regarding arc aeologicaf records, the Project records and locations are public records, including but nat limited to all of the submissions accompanying th app][ cation, all of the documents incorporated by reference into this Agreement, and all reports, dis ursement reques#s, and supporting documentation submitted hereunder.
Packet Pg. 432 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
Agreement No. D161280
C. 24 Prevailing Wages.
7he Recipienf agrees to be bound by all applicable pro isions o€ State Labor Code regarding prevailing wages. 7he Recipient shall rnonitor all agreemer ts. subjec to reimbursement from this Agreement to ensure that the pre ail ng wage provisions of#he State Labor Code are be'sng met.
C. 25 Prafessiana[ s.
The Recipient agraes that anly professionals with valid licenses in #he 5tate of Califarnia will be used to perForm services under this Agreement where such services are called for, Afl technical reports required pursuant to this Agreement that invoive planning, investigation, evaluation, or design, or other word requiring inferpretation and proper application of engineering ar geologic sciences shall be prepared by or under the direction af persons registered to ractice in California. Ail technical reports must corttain the statemer t of the qualifications of ti e responsible registered professional{ s). 7echnica] reports must bear the signature( s) and seal( s) of the registered professional( s) in a manner such that all work c n be clearly attrihuted to the professional responsible for tiie work.
Any contractors, ouEside associates, or cansultants requirad by the Recipient in cannection with the services covered by khis Agreem nt sl all be limited to such individuals or firms as were speci#ically identified and agreed to during negotiations far this Agreement, if any, or as are specifically accepted in wr tirtg by the Grant Manag r during the performance of tnis Agreement.
C. 26 Public Funding.
This Project is publicly tunded. Any service provider or contrac or with which the Recipiant cor tracts must nat have any role or relationship with the R cipEent, tha, in efFect, substantially fimits the Recip€ent' s ability to exercise its rights, inclucf[ ng cancellation rights, under the contract, based on all the facts and circumstances.
C. 27 Recipient' s Responsibility for Wark.
7he Recipient shal! be responsi le fo.r all work and for persons or entities engaged in work perfnrmed pursuant to this Agresment, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shal! be responsible for any and all disputes arising out of 9ts contracts for work on the Project. Th State Water Board will not mediate disputes between the Recipient and any other entity concerning responsi ility for performance of wark.
C. 28 Records.
Withouf limitat on of the requirement to maintain Project accounts in accardar ce witf GAAP, the Recipient agrees to:
a) Establish an official file for tY e Praject wY ich shall adequately dacument all significant actions relative to the Proj ct;
b} stablis separate accaunts which will adequately and accurately depict all amounts rec i ed and expended on the Project, including all assistance funds recei ed under his A re ment; c) Establish separate accaunts which +n ill adequafely d pict all income receivsd wY ich is attributabfe to the Project, specifically including any i cam attributable ta assistance# unds disbursed under this Agreement;
d) stablish an accounting system which will accurately depict final total casts of the Project, ir cluding both direct and 'sndirect costs;
Packet Pg. 433 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Univers9ty Enferprises, Inc.
Agreement No. D16128fl6
e} Establish such accaunts and maintair such records as may b n cessary for the State fo fulfill tederal reporting requirernents, including any and all reporting r quirements under federal tax statutes or regulations; and
f If Force Account is used by tf e Recipi r t for the Prajec#, accounfs will be estabEished wh€ch reasanably document all employee ours charged to the Pro}ect and the associafed tasks performed by each empfoyee.
g) Maintain separate books, recards and other materia[ relative to the Project. h) Retain such books, records, and oth r material for itseff and for each contrac# or or subcontractor who performed work on this Prajecf for a minimum of thirty- six{ 36) years after Work Campfetion.
The Recipient shall rsquire that such books, recards, and other materiaf be subject at a11 reasonable times ( at a minimum during normal b siness hours) to inspecfiion, cnpying, and audit by the 5tate Water Bnard, the Bureau of State Audifs, the Internal Revenue Service, the Go ernor, or any authorized representatives of the aforem ntioned, and shall allaw intanriews . during normal business hours of any employees who might reasonably have infiormation related to such records. The Recipient agrees to include a simi[ ar right regarding audit, interviews, and recards retention in a y su cantract related to the perFormance of this Agreement, The provisions of this section shall survive the term of this Agreement.
C. 29 Re[ a#ed Litigation.
A Recipi nf is arohibited from using funds from any disbursemant under this Agreement to pay costs associated with any litigation the Recipient pursues. R gardl ss of whethar the Praject or any eventual construction project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all Pro;ecf F' unds plus interesf to the State Water Baard, C. 30 Rights in Data.
The Recipient agrees that afl data, plans, drawings, specifications, reparks, computer programs, operating manuals; notes, and ofher written or graphic work produced in fY e perFormance af this Agreement are subject to the rights of the Stafe as set ort in# his section. The State shall hav the right to reproduce, publisY, and use all such work, or any pa t thereof, in any manner a d far any purposes whatsae er and to authorize others to do so. If any such work is copyrightable, the Recipient may copyrig t the same, except that, as to any wnrk which is copyrighted by the Recipient, the 5tate reserves a royaf#y- free, nanexclusi e, and irrevocable l9cense to reproduce, publish, and use such work, or any part therenf, and to authorize others to do so, and to receive electronic copies from the Reci ient upon request.
C. 31 State Cross- Cutter Gompliance.
Recipient re resents and certifies that, to the extent appfica le, it is in compliance with the follawing conditions precedent and agrees that it will continue to maintain compliance during the te- m o this Agreement:
a} State Water Baard' s Drought Err erg ncy Water Conservation regulations, Title 23, article 22, 5 of the California Code af Regula ions. The Recipient will include a discussion nf its implementatian in rogr ss Repor s submitted pursuant to this Agreement, b) Califamia Enviranmental Quality Act ( C QA}. Implementatfon and construction acti ities must comply uVith CEQA and potentially ather environmental review requfrements, including the National En ironmental Palicy Act ( NEPA). Proceeding with work subject to CEQA andlor N PA witho t environmental clearance by the 5tate 1Nater Baard shall constitute a breach of a materia provisior of this Agreement. If 7echnical Assistance work impl ment d per this Agreement will include graund disturbing activities ( such as test wells, boreholes} implemen ed# or tne purpases Packet Pg. 434 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, nc.
Agreement N. D1612806
af information collection, and proposed in an area( s) wi h potenfial for nvironmental impacts including riparian habitat, wetfand, endangered species habitat or sensitive cultural resources areas), the Recipient shall notify the Grant Manager of the nature and scope o such work and receive approval to proceed pr€or to commencing ground distur ing acti i# ies. c} VVater Code section 5903, subdivisio (){ 2)( A). If Recipient is a wa#er diverter, Recipient must aintain compiiance by submifting monthly dfvers'son reports fo the Division o#Water Rigf ts of the State Water Resources Controf Board.
d} Labor Code sections 1725. 5 and 1771. 1. To bid for public works contracts, Recipient acknowfedges that Recipient and Recipient' s subc ntractors must register with the Department of Industrial Relations.
e} Water Cade sections 526 and 527. If Recipient is an urban water supplier as defined by Water Code, it shall hav complied and maintain campliance with sections 526 and 527 of the Water Code elating to installation of m t rs and volumetric charging. fj Urban Water Management Planning Act ( Water Code, § ' 0610 t seq.). If Recipient is an " urban water supp[ ier" as defned yVVater Code sectior 1Q 17, the Recipient certifes fhat it has submitted an Urban Wafer Management Plan that.has been deemed complete by the Department of Water Resources and is in compliance witi fhat plan. Tliis shall constitute a condition precedent to this Agreement.
g) Urban Water emand Management Water Code section 1 Q63. 5, subdi ision ( a)( 1). 1f Recipient is an " urban water supplier" as deflned by Water Code section 10617, Recipient certifies that it is implementing water demand management measures. approved by he Departrnent of Water Resaurces.
h} Delta Plan Consistency Findings. Water Code section 85225 and California Code of Regulations, ti le 23, section 50D2. ] f Recipient is a state or local ublic agency and the proposed action is covered by the Relta Plan, Recipient will submit a certification o€ project eonsistency with the Delta Plan to the Delta Stewardship Council prior to undertaking the implementationlconstn.sction project associated with this Proj cf.
E) Agr cultural Wa#er Management Plan Consistency. A Recipient that is an agricultural water supplier as defined y sectian 10608_T2 of the Water Code must cnmply witf the Agricultural Water Management Planning Act. { V11at. Code, § 108D ef seq.) Q) Charter City Projec Labnr Requirements. L.abar Code section 782 and Public Contract Code section 2503;
1} Prevailing Wage
Where Recipient is a charter city or a joint powers authority that includes a charter city, Recipient certifles that no charter provision nor ordinanc authorizes a construction projec contractor nnt to comply with Labor Code' s prevai{ ing wag rate raquirements, nor, within the priar two years ( starting frorn January 1, 20' E5 or af er) has the city awarded a public works contract withcut requiring the con#ractor to comply with such wage rate requirements accordin to Labor Code seckion 1782. 2) Lahor Agreements
Where Recipient is a charter city or a joint powers authori#y that includes a charter city, Recipient cer ifies that no charter prnvisiar, initiati e, or ordinance Iimits or constrains t e Packet Pg. 435 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Universi# y Enterprises, Inc.
Agreemsnt No. D1612806
F' age 27 of 28
city' s authority or discretion to adopt, require, or utilize prnject labor agreements that include all the taxpayer protection antidiscr' tmination provisions of Public Gor tract Code . section 250 in canstructian projecfs, and that Recipien is according] y efigihle for state funding or financial assistance pursuant to Public Cor tra t Code section 2503.
C. 32 State Water Board Acfion; Costs and Attorney Fees, T e Recipient agrees that any remedy provided in this Agreement is in additian to and not in derogation of any other legai or equitable remedy available to the State Water Soard as a result of breach of this Agreement by ti e Recipient,. whether such breach occurs before or after complefion of the Praject, and exercise of any remedy pro ided by this Agreement 6y the 5tate Water Board shall not precEude the State Water Board from pursuing any lega€ remsdy or right which would otherwise be a ailabfe. I the event of litigation betwe n the parties ereto arisir g fram ti is Agreement, it is agreed fhat each party shall bear its own costs and attorney fees.
C. 33 Termination; lmmediate Acceleration; Interest.
a) This Agreement may be terrr€inafed at any fime prior to the End Date set for h on the cover and [ n Exh[ bit B, at fi e optian of the State Water Board, upan via[ation by the Recipient af any material provision of this Agreement after such violafion has been called to the attention of the Recipient and after failure o##he Recipient to bring itself info compliance v ith the provisians af this Agreement within a rsasonable time as established by the ivisian. b). In the e ent of such terrr ination, the Recipient agrees, u nn demand, to immediately repay to the State Water Board an amount equal to Proj ct Funds disbursed her under, accrued interest, penalty assessments, and Additional Payments. En the event of termination., interest shall accrue on al] atnounts due at the highest legal rate of interes# from the date that natice of termination is rnailed to the Recipient to the date all monies due have been recei ed by the State Water Baard.
C. 34 Timeliness.
Time is af the essence in this Agreement.
C, 35 Unenforceable Provision.
In tne event t at any pro ision of fhis Agreement is unenforceable or held to 6e unen€orceable, then the parties agre fF at al[ other provisions of this Agreernent have force and effect and shall not be affected there y.
C. 36 Venue.
he State Water Board and th Recipient hereby agree that any action arising o t nf this Agreement s1 a11 be fifed and maintai ed in th Superiar Court in and for the County of Sacramento, California.
C. 37 Waiver and Rights of th 5ta e Wat r Soard.
Any waiver of righ#s by the State Water 8oard with rsspect to a default or other matfier arising under the Agreement at ar ytime shall not be consider. d a wai r of rights with espect o any other default or matter.
Any rigf ts and remedies of the SEafe Water Board provid d for in this Agreement ar in addition to any other rigF ts arsd remedies pro ided by law.
Packet Pg. 436 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget Uni ersity Enterprises, Inc.
Agreemer f No. D16128D6
XHISIT D— SPECIAL CON ITIO ES
Recipient acknowledges and agrees to the following special can itions:
None
Packet Pg. 437 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget i % '"
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June 13, 2019
University Enterprises, Inc
Attn: Monica Kauppinen, Director
6000 J Street, Bookstore Building, Suite 3400
Sacramento, CA 95819
Agreement Number: D16- 12806
Enclosed is your amended Funding Agreement for your approval and signature. This Agreement cannot be considered binding by either party until executed by the State Water Resources Control Board (" State Water Board").
If in agreement with all terms and conditions of the Agreement, please have the Authorized Representative, as noted in the executed resolution, sign and return two ( 2) signature pages no later than thirtv ( 30) calendar davs from the date of this letter to:
US Mail Overniqht Mail
Koreenia Lazo Koreenia Lazo
State Water Resources Control Board State Water Resources Control Board Division of Financial Assistance Division of Financial Assistance P. O. Box 944212 1001 I Street, 16t" Floor
Sacramento, CA 94244- 2120 Sacramento, CA 95814
Ms. azo may be contacted at ( 916) 319-0807 or Kcar r i, c( nr rbc rd.. c v Once the Agreement is signed by both parties, we will forward an executed copy to you for your entity' s records.
Enclosures
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Packet Pg. 438 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget t
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UNIVERSITY ENTERPRISES, INC.
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
Gs Foa oe 3 N
t
TECHNICA ASSISTANCE GRANT
DRINKING WATER AND WASTEWATER TECHNICAL ASSISTANCE AND OUTREACH CALSTARS AGREEMENT No. D1612806
FI$ CAL AGREEMENT NO. SWRCBOOOOOOOOOOD161280600
AMENDMENT NO. 1
AMOUNT: $ 7, 000, 000
ELIGIB E START DATE: September 1, 2016
WORK COMPLETION DATE: n, n+ n, c, une 30, 2021
FINAL DISBURSEMENT REQUEST DATE: ^'^^, hor zn ' n''° September 30, 2021 RECORDS RETENTION TERM END DATE: June 30, 2057
This Aqreement executed bv the State Water Board on October 26, 2016, is herebv amended and restated, to revise the Exhibits A& B ( deletions shown as stricken and revisions in bold and underlined). Except as noted herein all other terms and conditions shall remain the same. Please note, paqe numbers may have chanqed.
Packet Pg. 439 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
CalStars Agreement No. D1612806
Fi$ Cal Aqreement No. SWRCBOOOOOOOOOOD161280600
Amendment No. 1
WHEREAS,
1. The State Water Board is authorized to provide funding under this Agreement pursuant to the following:
Proposition 1 Small Community Grants and Drinking Water- Section 79720- 79725 of the Water Code ( Prop 1)
2. The State Water Board determines eligibility for financial assistance, determines a reasonable schedule for providing financial assistance, establishes compliance with the Prop 1, and establishes the terms and conditions of a funding agreement.
3. The Recipient has applied to the State Water Board for funding for the Project described in Exhibit A of this Agreement and the State Water Board has selected the application for funding through a competitive process.
4. The State Water Board proposes to assist in funding the costs of the Project, and the Recipient desires to participate as a recipient of financial assistance from the State Water Board, upon the terms and conditions set forth in this Agreement, all pursuant to Prop 1; NOW, THEREFORE, in consideration of the premises, mutual representations, covenants and agreements in this Agreement, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
1. Definitions.
Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
Agreemenf' means this Grant, including all exhibits and attachments hereto.
Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient's authorizing resolution that designates the authorized representative by title.
Days" means calendar days unless otherwise expressly indicated.
Disbursement Period" means the period during which Project Funds may be disbursed.
Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer the funding program( s) set forth in Section 1.
Eligible Start Date" means the date set forth in Exhibit B, establishing the date on or after which Project Costs may be incurred and eligible for reimbursement hereunder.
Final Disbursement Request Date" means the date established in Exhibit B, after which date, no further Project Funds disbursements may be requested.
Fiscal Year" means the period of twelve ( 12) months terminating on June 30 of any year.
Force Account" means the use of the Recipient' s own employees or resources for the Project.
Packet Pg. 440 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
CalStars Agreement No. D1612806
Fi$ Cal Aqreement No. SWRCBOOOOOOOOOOD161280600
Amendment No. 1
GAAP" means generally accepted accounting principles, as issued by the Governmental Accounting Standards Board.
Grant Manager" means the person designated by the State Water Board to manage performance of the Agreement. The Grant Manager is set forth in Section 2 of this agreement.
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 Project( i. e., costs that are not directly related to the Project).
Party Contact" means, for the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Grant Manager, or the Program Analyst.
Policy" means the Proposition 1 Technical Assistance Funding Plan, as amended from time to time.
ProjecY' means the Project as described in Exhibit A and in the documents incorporated by reference.
Project Completion" means, as determined by the Division, that the Project is complete to the reasonable satisfaction of the Division and is the last date on which Project Costs may be incurred. Work occurring after Project Completion is not eligible for reimbursement under this Agreement.
Project Costs" means the incurred costs of the Recipient which are eligible under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP.
Project Director" means an employee of the Recipient designated by the Authorized Representative to be responsible for the overall management of the administrative and technical aspects of the executed Agreement. The Project Director is set forth in Section 2 of this Agreement.
Project Funds" means funds disbursed by the State Water Board to the Recipient for purposes of this Agreement.
Recipient" means University Enterprises, Inc.
Regional Water Quality Control Board" or" Regional Water Board" means the appropriate Regional Water Quality Control Board.
State" means State of California.
State Water Board" means the State Water Resources Control Board, an administrative and regulatory agency of the State of California.
Technical Assistance Recipient" means the small disadvantaged community or communities identified in the Work Plan( s).
Work Completion" means the Recipient' s submittal of all work set forth under Exhibit A for review and approval by the Division. The Division may require corrective work to be performed prior to Project Completion.
Work Completion Date" means the date set forth in Exhibit A that is the last date on which all work or submittals in Exhibit A must be achieved.
Packet Pg. 441 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
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Year" means calendar year unless otherwise expressly indicated.
2. Party Contacts.
The Party Contacts during the term of this Agreement are:
State Water Board Reci ient
Section: Office of Sustainable Water Solutions
Name: G e Name: Monica Kauppinen, Project Director
Nabiul Afrooz, Grant Mana er
Address: 1001 I street Address: 6000 J Street,
Bookstore Buildin , Suite 3400
Cit , State, Zi : Sacramento, CA, 95814 Cit , State, Zi : Sacramento, CA, 95819- 6111 Phone: 916 4- 8- 323- 9322 Phone: 916 278- 7380
Fax: 916 341- 5707 Fax: 916 278- 4886
Email: Email: mkauppinen@csus. edu
Nabiul.Afrooz waterboards. ca. ov
The Recipient may change its Project Director upon written notice to the Grant Manager, which notice shall be accompanied by authorization from the Recipient' s Authorized Representative. The State Water Board will notify the Project Director of any changes to its Party Contacts.
3. Exhibits and Appendices Incorporated.
The following exhibits and appendices to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A— SCOPE OF WORK
EXHIBIT B— FUNDING PROVISIONS
EXHIBIT C— STANDARD TERMS AND CONDITIONS
EXHIBIT D— SPECIAL CONDITIONS
4. Recipient Representations and Commitments.
The Recipient represents, warrants, and commits to the following as of the date signed by the Recipient and continuing thereafter for the term of the Agreement:
a) General Commitments. The Recipient accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application, accompanying documents, and communications filed in support of its request for financial assistance and throughout the term of this Agreement. b) Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
c) No Violations. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any Packet Pg. 442 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
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contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the first page hereof. d) No Litigation. There are no pending or, to Recipient' s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the financial condition or operations of the Recipient and/ or the Project. e) Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actuai intent to hinder, delay, or defraud any present or future creditors of Recipient. As of the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they become due.
f) Legal Status and Eligibility. Recipient is duly organized and existing and in good standing under the laws of the State of California, and will remain so during the term of this Agreement.
Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under this Agreement for the term of this Agreement.
g) Good Standing. The Recipient is currently in compliance with the state requirements set forth in Exhibit C. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with previous state audit disallowances.
h) Insurance. Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example, but not necessarily limited to, General iability, Automobile Liability, Worker' s Compensation and Employer' s Liability, Professional Liability.
5. Project Completion.
The Recipient shall expeditiously proceed with and complete the Project in accordance with this Agreement.
6. Notice.
a) The Recipient shall notify the Division in writing within five ( 5) working days of the occurrence of the following:
1) Bankruptcy, insolvency, receivership or similar event of the Recipient; 2) Actions taken pursuant to state law in anticipation of filing for bankruptcy; b) The Recipient shall notify the Division within 10 working days of the following:
1) Any litigation pending or threatened against Recipient regarding its continued existence, consideration of dissolution, or disincorporation;
c) The Recipient shall notify the Division promptly of the following:
1) Any proposed change in scope of the Project. Most changes will require an amendment to this Agreement;
2) Cessation of work on the Project where such cessation of work is expected to or does extend for a period of thirty( 30) days or more;
Packet Pg. 443 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
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3} Any circumstance, combination of circumstances, or condition, which is expected to or does delay Work Completion for a period of ninety( 90) days or more beyond the estimated date previously provided to the Division;
4) Any monitoring activities such that the State Water Board and/ or Regional Water Quality Control Board staff may observe and document such activities; 5) Any public or media event publicizing the accomplishments and/ or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten ( 10) working days' notice to the Division; or 6) Work Completion, and Project Completion.
7. No Obligation of the State; State Budget Act Contingency.
Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys appropriated by the State egislature to the State Water Board from the special fund associated with this Agreement.
If the Budget Act of the current year and/ or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Recipient or to furnish any other considerations under this Agreement and Recipient shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for payment over any other recipient.
If this Agreement' s funding for any Fiscal Year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to reflect the reduced amount.
Packet Pg. 444 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
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IN WITNESS WHEREOF, this "^n Amendment has been executed bythe parties hereto.
UNIVERSITY ENTERPRISES, INC.:
gy:
Name: Monica Kauppinen
Title: Director
Sponsored Programs Administration
Date:
STATE WATER RESOURCES CONTROL BOARD:
By:
Name: eslie audon
Title: Deputy Director
Division of Financial Assistance
Date:
Packet Pg. 445 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
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EXHIBIT A— SCOPE OF WORK
A. 1 Completion Dates.
The Work Completion Date is established as
n„ n„+ n, o une 30, 2021. The Recipient shall deliver
any request for extension of the Work Completion date no less than 90 days prior to the Work Completion Date. The Division will not unreasonably deny such a timely request, but the Division may deny requests received after this time.
A. 2 Purpose.
This grant is for the benefit of the Recipient. This grant is for the benefit of the Technical Assistance Recipient identified in the Work Plan or Work Plans. Its purpose is for the provision of technical assistance to small disadvantaged communities to develop, fund, and implement their capital improvement projects.
A. 3 Scope of Work.
The Recipient agrees to do the following:
The Division accepts requests for technical assistance on a continuous basis. The Division may refer eligible assistance requests ( ARs) to the Recipient. After accepting an AR, the Recipient will determine what specific assistance it plans to provide and will submit a technical assistance Work Plan with estimated deliverables and due dates for Division approval. The technical assistance proposed in a given Work Plan shall be consistent with the general technical assistance tasks outlined below, and the grantee shall implement technical assistance consistent with Division- approved work plans, or amendments thereto, including timely submittal of deliverables within the approved Work Plan budget. Each approved Work Plan shall constitute an amendment to this Agreement and must be signed and dated by the Deputy Director of the Division or designee and the Authorized Representative, Project Director, or designee to be effective.
a) Scoping: The purpose of this task is to define the project and prepare a work plan. 1) Characterize challenges and potential solutions
2) Conduct kickoff meeting to discuss path forward
3) Prepare project work plan
b) Pre- Planning: The purpose of this task is to determine whether to consolidate or improve the water and/ or wastewater system( s).
1) Conduct Community Outreach
a. Prepare/ implement outreach strategy
b. Assess community interest in the project
c. Conduct/ document community meetings
d. Prepare/ distribute communication materials
e. Conduct pre- project socio- economic assessment to establish baseline Packet Pg. 446 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
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EXHIBIT A— SCOPE OF WORK
2) Conduct a Median Household Income ( MHI) Survey
3) Evaluate Consolidation Feasibility
a. Identify potential facilities within a five- mile radius b. Initiate contact with candidate facility owners
c. Conduct cost- benefit analysis of consolidation construction d. Evaluate organization of restructured water and/ or wastewater system( s) e. Prepare preliminary agreements to participate in facility consolidation f. Evaluate and document ocal Agency Formation Commission ( LAFCO) requirements g. Evaluate governance options
h. Facilitate decision- making process
i. Prepare consolidation commitments ( e. g. board resolution) j. Assist with formation of new entity
4) Conduct Technical, Managerial, and Financial Assessment and Assistance a. Evaluate whether water quality meets regulatory limits ( either through review of existing data or through sampling and analysis)
b. Develop or update policy manual
c. Develop or update financial policy
d. Develop or update budget and projects/ capital improvement and asset management plans
e. Develop or update operations and maintenance plans
f. Determine scope and budget for planning
g. Assist in preparing Drinking Water State Revolving Fund ( DWSRF) and/ or Clean Water State Revolving Fund ( CWSRF) planning financing application h. Provide grant/funding administration
i. Assist in procurement of professional services
c) Planning: The purpose of this task is to conduct or review studies and prepare or review conceptual, pre-, and final designs for the water and/ or wastewater system improvements.
Packet Pg. 447 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
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EXHIBIT A— SCOPE OF WORK
1) Conduct Community Outreach
a. Implement outreach strategy
b. Conduct/document community meetings
c. Prepareldistribute communication materials
2) Conduct Detailed Evaluation of Drinking Water Source, and Treatment and Distribution Systems
a. Water quality( raw supply and distribution system)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate b. Capacity( supply, treatment and storage)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate c. eak detection and water audits
d. Condition assessment/expected facility life
e. Energy use/ efficiency
3) Identify Needed Water System Improvements
a. Additional source water( surface, ground or recycled) b. Facilities needing retrofitting ( source, treatment, storage, distribution) c. Facilities needing replacement ( source, treatment, storage, distribution) d. New facilities ( source, treatment, storage, distribution) e. Identify and evaluate alternative solutions— consider non- cost and cost benefits and recommend solution( s)
4) Conduct a Detailed Evaluation of Wastewater System
a. Wastewater quality( pre- and post-treatment)
b. Capacity( collection, treatment and disposal)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate c. Septic to sewer conversions
d. Leak detection
e. Condition assessment/ expected facility life
Packet Pg. 448 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
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EXHIBIT A— SCOPE OF WORK
f. Energy use/efficiency
5) Identify Needed Wastewater System Improvements
a. Facilities needing retrofitting ( collection, treatment and disposal) b. Facilities needing replacement( collection, treatment and disposal) c. New facilities ( collection, treatment and disposal) d. Identify and evaluate alternative solutions— consider non- cost and cost benefits and recommend solution
6) Provide Environmental Services
a. Identify strategy to meet environmental requirements ( e. g. CEQA, other) b. Prepare permit applications and reports ( e. g. domestic water supply permit, Report of Waste Discharge, etc.)
7) Provide Design or Design Review Services
a. Conceptual ( 10%) design, cost estimate, and delivery method ( e. g. conventional or design/ build) for selected solution
i. Water supply( e. g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
b. Pilot studies
i. Water supply( e. g. wells or other)
ii. Water treatment
iii. Wastewater treatment
iv. Effluent disposal
c. Preliminary( 30%) design ( including engineer' s estimate and supporting drawings, as appropriate)
i. Water supply( e. g. wells or other)
Packet Pg. 449 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
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EXHIBIT A— SCOPE OF WORK
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
d. Detailed ( 100%) design ( including detailed engineer' s estimate and plans and specifications, as appropriate)
i. Water supply( e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effiuent disposal
8) Provide Management Support
a. Prepare Request for Proposal ( RFP) for detailed designer( s) or contractor( s) ( depending on delivery method)
b. Provide support during bidding
i. Answer questions during the bid period and prepare addenda ii. Evaluate bids and make recommendation to award
c. Conduct rate study
d. Support Proposition 218 compliance
e. Prepare relevant service, management, operating, or joint powers agreement( s) f. Prepare consolidation agreement( s)
g. Assist in preparing a DWSRF or CWSRF construction funding application h. Prepare resolutions, certifications, and legal opinions d) Construction: The purpose of this task is to oversee construction and commissioning of water system improvements.
Packet Pg. 450 Attachment: Previous Staff Report - October 7, 2025, item no. 4.11(f) - Award Cascade Racquet Club MWC Water Main (4.11(a)--Adopt Budget University Enterprises, Inc.
CalStars Agreement No. D1612806
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