HomeMy WebLinkAboutMINUTES - 07082008 - C.71 Contra
TO: BOARD OF SUPERVISORS
Costa
FROM: Dennis M. Barry, AICP " r
Interim Director0000T
County
Department of Conservation and Development `�'� cou
DATE: July 8, 2008
SUBJECT: Grant Agreement related to the Integrated Regional Water Management Plan (IRWMP)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
APPROVE Resolution No. 2008/462 authorizing Contra Costa County accepting terms
of a subgrantee agreement with the Contra Costa Water District in state funds for
habitat acquisition and restoration projects consistent with the East Contra Costa
County Habitat Conservation Plan / Natural Community Conservation Plan.
AUTHORIZE the Director of the Department of Conservation and Development or his
designee to sign the subgrant agreement with the Contra Costa Water District.
FISCAL IMPACT:
The County will receive $750,000 that has been awarded fund land acquisition and
habitat restoration activities associated with the East Contra Costa County Habitat
Conservation Plan / Natural Community Conservation Plan (HCP). The required
$250,000 match for this has been secured by the East Contra Costa County Habitat
Conservancy.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
As recommended by the Transportation Water and Infrastructure (TWI) Committee, on
April 11, 2005, the Board of Supervisors approved participation by the County, the
Flood Control and Water Conservation District (FCWCD) and the Contra Costa Water
Agency in a multi-agency effort to produce an East Contra Costa County Functional
Equivalent Integrated Regional Water Management Plan (IRWMP) and to prepare an
East Contra Costa County Proposition 50, Chapter 8 Regional Planning Grant
application. Participating agencies include: Contra Costa County (Flood Control and
Water Conservation District and Contra Costa County Water Agency), Contra Costa
Water District, Delta Diablo Sanitation District, Diablo Water District, Ironhouse Sanitary
District, the Natural Heritage Institute and the Cities of Antioch, Brentwood and
Pittsburg. Supporting Agencies include: East Contra Costa Irrigation District, Byron-
Bethany Irrigation District and Discovery Bay Community Services District.
CONTINUED ON ATTACHMENT: X YES ❑ NO SIGNATURE 6 .
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE
APPROVE OTHER
i
SIGNATURE (S):
ACTION OF BOARD ONV�1 `� APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
X UNANIMOUS (ABSENT nOre ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: - OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: c`�-�
ATTESTEDyLUyl �i ),CD%
Contact: Abigail Fateman (925- 335-1272) JOHN CULL ,CLERK OF THE'
cc: Department of Conservation and Development(DCD) BOARD OF SUPERVISORS AND
( COUNTY ADMINISTRATOR
BY —'"'�'��5�^� ' DEPUTY
CCC Board of Supervisors
July 8,2008-IRWMP Subgrant Agreement and Resolution
On July 12, 2005 the Board of Supervisors adopted the East Contra Costa County
IRWMP. The plan provided the basis for a grant proposal for Proposition 50, Chapter 8
funds and set the stage for future funding requests for Flood Control, and other water-
management projects by the County (including watershed protection measures such as
called for in the HCP). The initial funding cycle included a request for the HCP, which
was the only such project from the County that was in a position to be constructed for
the first grant cycle (The County applied for the HCP funds because the County staffs
the HCP and the IRWMP and grants were assembled during a period before the East
Contra Costa County Habitat Conservancy existed.) Other participating agencies
identified a variety of projects that were included in the Plan and grant proposal,
including: Contra Costa Canal improvements (as requested by CCWD), Dutch Slough
Marsh restoration, and City of Pittsburg recycled water implementation.
On behalf of the coalition of east county water management agencies, the Contra Costa
Water District (CCWD) submitted the funding request to the State in June 2006. In
April 2007, CCWD was notified that the coalition was awarded $12.5 million. The State
Water Resources Control Board is entering into a contract agreement with CCWD to
disperse the funds to coalition members (as proposed in the grant proposal). Each
participating agency that is to receive funds must enter into a subcontracting agreement
with CCWD.
The subgrant agreement between.CCWD and Contra Costa County passes on all the
conditions from the Grant contract between the State and CCWD. This includes a
liability clause that if the subgrantee does not fulfill its obligation, the subgrantee maybe
liable for repaying the entire grant amount ($12.5 million).
Attached are the documents necessary for Contra Costa County to submit to the Contra
Costa Water District to access funds awarded to fund acquisition and restoration
related to the East Contra Costa County Habitat Conservation Plan.
Attachments:
Proposed resolution
• Subcontract agreement between the Contra Costa Water District
and Contra Costa County
• Grant Agreement between the State and Contra Costa Water District
RESOLUTION NO. 2008/462
RESOLUTION AUTHORIZING ENTERING INTO A SUB-GRANTEE
AGREEMENT BETWEEN CONTRA COSTA WATER DISTRICT AND
CONTRA COSTA COUNTY, AND ACCEPTING THE TERMS OF THE GRANT .
AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL
BOARD AND CONTRA COSTA WATER DISTRICT FOR PROPOSITION 50,
CHAPTER 8 GRANT FUNDING
WHEREAS, in June 2006,the Contra Costa Water District, in partnership with
other East Contra Costa County water agencies, submitted a consolidated Step 2 grant
application to the California Department of Water Resources and the State Water
Resources Control Board (State.Water Board) to.obtain an Integrated Regional Water
Management Implementation grant; and
WHEREAS, Contra Costa Water District (CCWD) was the grant applicant on
behalf of the participating agencies and would be the contracting entity to execute and
administer the grant agreement with the State of California; and
WHEREAS, in April 2007, CCWD received notice of a conditional grant award
from the State Water Resources Control Board; and
WHEREAS, sub-grantees under the grant funding agreement who will be
receiving portions of the state grant, must accept and agree to comply with the contract
terms of the State Water Board agreement, including full responsibility for those penalty
terms concerning default should any recipient of funds under the grant funding agreement
violate the terms of such agreement, before CCWD will execute said agreement with the
State Water Board;
NOW, THEREFORE, BE IT RESOLVED, that CONTRA COSTA COUNTY
agrees to accept and comply with the contract terms, as a Sub-Grantee, set forth in the
grant funding agreement between CCWD and the State Water Board which is attached
hereto as Exhibit A; and
LET IT BE FURTHER RESOLVED that CONTRA COSTA COUNTY agrees to
accept and comply with the contract terms, as the Sub-Grantee, set forth in the Sub-
Grantee Agreement between CCWD and CONTRA COSTA COUNTY which is attached
hereto as Exhibit B.
Resolution No. xx-xx
Page 2
The foregoing Resolution 2008/462 was duly and regularly adopted at a meeting
held on July 8 2008, by the Board of Supervisors of CONTRA COSTA COUNTY of
Sub-Grantee by the following vote of the Board:
Ayes:
Noes:
Abstain:
Absent:
ederal D. Glover
Chair, Contra Costa County Board of Supervisors
ATTEST:
District Secretary
Proposition 50
Subgrantee Agreement Between
Contra Costa Water District (referred to herein as "Grantee")
And
CONTRA COSTA COUNTY (referred to herein as "Subgrantee'')
Effective Date:
Recitals
A. Grantee has entered into an agreement to receive grant funding with the California
State Water Resources Control Board (referred to herein as "State Water Board")
pursuant to that certain Proposition 50 Integrated Regional Water Management (IR
WM) Implementation Grant Agreement effective July 1, 2007 (referred to herein as
"`IRWM Agreement"). The IRWM Agreement is attached hereto and, except as
expressly stated to the contrary in this Subgrantee Agreement, is incorporated herein
by reference as Exhibit A to this Agreement so that each obligation of Grantee set
forth in the IRWM Agreement shall, for the purposes of this Subgrantee Agreement,
be deemed to be an obligation of the Subgrantee, unless specifically stated to the
contrary herein.
B. Subgrantee is one of many parties intended to receive grant funding from Grantee
pursuant to the IRWM Agreement for work to be completed by Subgrantee as set
forth in the IRWM Agreement. The work to be completed by Subgrantee is referred
to in both the IRWM Agreement and in this Agreement as "Component."
C. The parties acknowledge and agree herein that Grantee intends to administer the
distribution of grant funds pursuant to the IR WM Agreement and Subgrantee is
responsible for the performance of all other aspects of its Component in a manner to
insure Grantee's compliance with the IRWM Agreement.
D. The parties desire to set forth the terms and conditions under which Subgrantee is to
receive grant funds from Grantee.
Agreement
1. The above recitals are incorporated herein by reference and shall be considered an
integral component of this.Agreement.
2. Grantee and Subgrantee agree that the IRWM Agreement, attached hereto, shall
govern both those matters specifically enumerated here in addition to others not so
enumerated, except as expressly stated to the contrary in this Subgrantee
Agreement.
3. Subgrantee shall perform the work and provide the documentation required of
Grantee or Subgrantee, relevant to Subgrantee's Component, in a timely manner as
set forth in the following portions of the IRWM Agreement: (i) Section 1 of Exhibit
A; (ii) Subsection 2.8 [Habitat and watershed protection and restoration] of Section
2 of Exhibit A and the appropriate corresponding Table of Items for Review in
Exhibit A; and (iii) Section 6 of Exhibit B. Notwithstanding the foregoing, any
documents or information required to be submitted to the "Grant Manager," State
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Water Board, agents of the State Water Board, or particular websites, shall be
submitted to Grantee for submittal by Grantee to the appropriate party designated in
the IRWM Agreement.
Grantee may elect to terminate this Subgrantee Agreement effective July 2, 2009 by
giving written notice before 6 p.m. on June 30, 2009 by facsimile or e-mail to the
person identified below as the contact person for Subgrantee if the environmental
review for Subgrantee's Component is not complete and final on or before .lune 30,
2009. For the purposes of the preceding sentence, "environmental review" shall be
considered "final and complete" only if each of the following conditions have
occurred on or before June 30, 2009:
(a) Subgrantee's governing body has certified a Final Environmental Impact Report
("EIR") and the applicable statute of limitations has expired without a lawsuit
being tiled to challenge the EIR; and
(b) if environmental compliance under the National Environmental Policy Act is
also required, the lead federal agency has issued the Record of Decision; and
(c) the State Water Board has given environmental clearance to the environmental
documentation for Subgrantee's Component, concluding that such
documentation satisfies the CEQA/NEPA process; and
(d) if Subgrantee's Component is subject to an Environmental Impact Report or a
Mitigated Negative Declaration, the Deputy Director of the State Water Board's
Division of Financial Assistance (Division) has approved the environmental
documentation; and
(e) if Subgrantee's Component includes modification of a river or stream channel,
Subgrantee must provide documentation satisfactory to the State Water Board
showing 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 component, and whether, on balance, any environmental enhancement
or benefit equals or exceeds any negative environmental impacts of the
component.
In the event of termination pursuant to the preceding provisions of this Section 3,
Subgrantee agrees that Grantee shall be authorized to advise the State forthwith that
Subgrantee's Component cannot be implemented during the term of this
Agreement., and further agrees that Subgrantee shall continue to be bound by the
provisions of Sections 7, 15, 25, 26 and 29 of this Subgrantee Agreement.
4. Subject to the terms and conditions set forth herein and the terms and conditions
contained in the IRWM Agreement (except as expressly stated to the contrary in
this Subgrantee Agreement), Grantee shall remit to Subgrantee such disbursements
as it receives from State Water Board on account of a particular request for
disbursement of grant funds by Subgrantee.
5. In order to receive disbursement of grant funds, Subgrantee shall submit to Grantee
quarterly invoices for eligible expenses in the form required by Grantee. Supporting
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documentation as described in Section 1.3 of Exhibit B of the IRWM Agreement
shall accompany each invoice. The documentation required by this paragraph shall
be sent to: Contra Costa Water District, Attn: Grants Specialist, P.O. Box H2O,
Concord, CA 94524; or such other address as Grantee may provide to Subgrantee.
6. The Subgrantee shall not request disbursement for any cost until such cost has been
incurred and has been paid by or is due and payable by the Subgrantee. Actual
payment of reimbursable costs by the Subgrantee is not required as a pre-condition
of the grant disbursement. All grant disbursements received by the Subgrantee shall
be paid to contractors and vendors within thirty (30),days from receipt of the funds
from Grantee as required by Section 1.4 of Exhibit B of the IRWM Agreement.
Grantee shall promptly forward to Subgrantee all grant funds received as a result of
invoices submitted by Subgrantee.
7. In the event that the Subgrantee fails to disburse grant funds to contractors or
vendors within the aforementioned thirty (30) day period, Subgrantee shall
iminediately return the funds to Grantee. In such event, interest shall accrue on the
funds from the date of disbursement from the State Water Board to Grantee through
the date of mailing of such funds to the State Water Board by Grantee, which
Grantee shall do promptly after Grantee receives such funds from Subgrantee. If
Subgrantee held such funds in interest-bearing accounts, any interest earned on the
funds shall also be due to Grantee. In the event Subgrantee fails to immediately
return funds as required by this paragraph, Subgrantee acknowledges that any such
failure is likely to result in a breach of Section 1.4 of Exhibit B of the IRWM
Agreement. Subgrantee agrees to indemnify Grantee for all losses suffered by
Grantee, and any and all claims, costs and liability. related to Subgrantee's failure
to immediately return such funds as described.
8. Notwithstanding any other provision of this Agreement, no disbursement shall be
required at any time or in any manner which is in violation of, or in conflict with,
federal or state laws, rules, or regulations, or which may require any rebates to the
Federal Government,or any loss of tax-free status on state bonds, pursuant to any.
Federal statute or regulation.
9. Subgrantee specifically acknowledges and agrees to the provisions of Section 1.6 of
Exhibit B of the IRWM Agreement and that disbursement of grant funds may be
withheld to satisfy the retention requirements set forth therein.
10. Subgrantee shall not be entitled to disbursement of grant funds as set forth herein if
Grantee does not receive grant funds from the State Water Board in connection with
Subgrantee's request for disbursement. If Grantee is required to refund to the State
Water Board any disbursement made to Grantee due to any actual or alleged
violation, breach or default of the IRWM Agreement that is the proximate result of
actions or omissions of the Subgrantee, Subgrantee shall refund to Grantee such
disbursement amount plus any interest or penalties that are required to be paid by
Grantee to the State Water Board in connection with any such refund. If a refund is
required pursuant to this Section, Subgrantee's obligations under any other section
of this Subgrantee agreement, including but not limited to, Sections 16, 19, and 25
remain in effect.
11. Subgrantee acknowledges and will comply with the requirement to obtain matching
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funds for its Component consistent with the appropriate provisions of Section 4 of
Exhibit B of the IRWM Agreement.
12. Subgrantee acknowledges that Eligible Project Costs related to its Component are
limited as set forth in Section 8 of Exhibit B of the IRWM Agreement.
13. Subgrantee agrees to be bound, perform and abide by the provisions and obligations
applicable to Grantee or any subgrantee set forth in Exhibit C of the IRWM
Agreement with the exception of the following Sections entitled "Disputes,"
"Termination, Immediate Repayment, Interest," and``Venue,". Grantee shall have
all rights of the State Water Board ("State", or "Division") conferred thereunder.
14. Subgrantee agrees that the awarding department, the Bureau of State Audits, or
their designated representative shall have the right to review and to copy any
records and supporting documentation pertaining to the performance of this
Subgrantee agreement. Subgrantee agrees to maintain such records for a possible
audit for a minimum of twenty-three (23) years after final payment of the East
Contra Costa County IRWM Project, unless a longer period of records retention is
stipulated. The Subgrantee agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. Further, the Subgrantee agrees
to include a similar right of the State to audit records and interview staff in any
contract related to performance of this Subgrantee agreement.
15. Subgrantee specifically makes all of the warranties,'representations, covenants, and
certifications with respect to its Component that are otherwise made by Grantee and
with respect to the "'Project" set forth in Exhibit D of the IRWM Agreement.
Subgrantee agrees to indemnify Grantee for all losses suffered by Grantee, and any
and all claims, costs and liability, related to any failure by Subgrantee under Exhibit
D.
16. The Subgrantee acknowledges and agrees that, except as provided in this
Agreement or the IRWM Agreement it will not abandon, substantially discontinue
use of.. lease, or dispose of Subgrantee's Component, or any significant part or
portion thereof during the useful life of the.Component without prior written
approval of the State Water Board. Such approval may be conditioned as
determined to be appropriate by the State Water Board, including a condition
requiring repayment of all grant funds or any portion of all remaining grant funds
covered by the IRWM Agreement or this Agreement together with accrued interest
and any penalty assessments which may be due.
17. Subgrantee acknowledges Grantee's reliance on Subgrantee's performance
hereunder in order for Grantee to comply with the obligations set forth in the.
IRWM Agreement. In the event Subgrantee fails to perform any obligations
imposed hereunder as a result of this Agreement or the IRWM Agreement,
Subgrantee;agrees, pursuant to Section 25 of this Subgrantee Agreement, to
indemnify, defend, and hold Grantee harmless for any liability of Grantee, and any
and all claims, costs and liability, under the IRWM Agreement related to or arising
out of any such failure by Subgrantee.
18. In the event Subgrantee violates any provision of this Agreement that could
4
potentially result in a violation of the IRWM Agreement, Grantee may take any and
all appropriate measures to prevent any such violation or to mitigate any damages
Grantee could incur as a result thereof. . Subgrantee shall be liable for any costs of
Grantee incurred in connection with such measures.
19. Subgrantee acknowledges and agrees that the IRWM Agreement may be terminated
by written notice at any time prior to completion of the Project, at the option of the .
State Water Board, upon violation of a material provision by Grantee or any
subgrantee after such violation has been called to the attention of the Grantee and
after failure of the Grantee or any subgrantee to establish compliance with the
provisions of the IRWM Agreement within a reasonable time as established by the
State Water Board. If such termination is the proximate result of actions or
omissions of the Subgrantee , the Subgrantee agrees, upon demand, to immediately
repay to Grantee an amount equal to the amount of grant funds disbursed to Grantee
prior to such termination plus interest pursuant to the following sentence. In the
event of such 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 Grantee
to the date of full repayment to the State Water Board. Funds repaid to Grantee
shall be promptly returned to the State Water Board according to the terms of the
IRWM Agreement.
20. Subgrantee agrees to be bound by all the provisions of State Labor Code regarding
prevailing wages. Subgrantee shall monitor all agreements and contracts subject to
reimbursement from this Agreement to assure that the prevailing wage provisions of
State Labor Code are being met. The Subgrantee certifies that it has a labor
compliance program in place pursuant to section 1771.8 of the Labor Code, where
applicable. Subgrantee shall promptly provide documentation evidencing the
existence and implementation of the labor compliance program, prior to any request
for reimbursement and upon the request of Grantee.
21. For the purposes of monitoring compliance with this Agreement, Subgrantee shall
provide Grantee with: (i) any requested documentation; and (ii) upon reasonable
notice, access to any work sites or other areas associated with Subgrantee's
Component for the purpose of making observations or conducting any necessary
tests or studies. Subgrantee acknowledges and agrees to all related provisions in the
IRWM Agreement.
22. The parties may, pursuant to mutual agreement, expand the scope of work to be
performed by Grantee hereunder. Modification to the terms of this Agreement shall
be made in writing and executed by Grantee and Subgrantee. No modification of
this Agreement shall be valid if in conflict with the terms or provisions of the
IRWM Agreement.
In the event of the termination of a Subgrantee Agreement pursuant to Section 3 or
the elimination of a component contemplated under.the IRWM Agreement,
redistribution of the additional grant.funds, if any, shall only be made with the
unanimous consent of the Grantee and Subgrantees pursuant to the preceding
subparagraph.
The Grantee agrees to administer the IRWM Project. Subgrantee agrees that if the
cost of administration becomes unreasonable, the Subgrantee(s) and Grantee will
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determine a portion of the State Grant funds that will be used to reimburse the
Grantee for administration and legal costs.
23. A waiver by Grantee of any provision of this Agreement in any given instance shall
not constitute a waiver of such provision in future instances.
24. This Agreement constitutes the entire understanding of the parties regarding the
transaction contemplated herein.
25. Subgrantee shall defend, indemnify, and hold harmless Grantee, and its elected
officials, officers, agents, employees and representatives from and against all
damages, costs, or expenses in law or equity, including reasonable attorney's fees,
that may at any time arise out of, or are in any way connected with, the performance
of the IRWM Agreement or this Subgrantee agreement. The Subgrantee's
obligations shall apply to any acts or omissions on the part of Subgrantee, its
agents, subcontractors (of any tier), or employees, whether such acts or omissions
comprise willful misconduct, negligent conduct(active or passive), or non-
negligent conduct. Subgrantee's obligations under this provision shall also extend
to any and all damages, costs, or expenses in law or equity, including reasonable
attorney's fees, that may at any time arise out of; or are in any way connected with,
the IRWM Agreement, including without limitation the obligations set forth in
Sections 12. 23. 34 and 36 of Exhibit C thereto.
The Subgrantee's obligations shall also apply to any acts or omissions on the part of
the Grantee, its elected officials, officers, agents, employees, and representatives,
provided, that to the extent required by law, this Section shall be construed to
exclude from the scope of the Subgrantee's obligations under this Section the sole
willful misconduct or sole active negligence on the part of the Grantee, its elected
officials,-officers, agents, employees, and representatives.
Subgrantee acknowledges and agrees that a failure to perform under the IRWM
Agreement or this Subgrantee Agreement by any party to said agreements may
result in termination of the IRWM Agreement by the State Water Board pursuant to
the terms of Section 18 of this Subgrantee Agreement and Section 37 of Exhibit C
of the IRWM Agreement. In the event of termination by the State Water Board,
unless such termination is the proximate result of actions or omissions of the
Subgrantee, all parties to the IRWM Agreement and any and all executed
Subgrantee agreements will be held jointly and severally responsible for the
repayment of grant funds, plus interest, disbursed by the State pursuant to the
IRWM Agreement. 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 Grantee to the date of full repayment to the State Water Board.
In no event shall this indemnification, be construed to give rise to any obligation on
the part of the Grantee, or its elected officials, officers, agents, employees, and
representatives to defend, indemnify, or hold harmless Subgrantee, its agents,
contractors (of any tier), or employees from and against all damages, costs, or
expenses in law or equity, including reasonable attorney's fees; that are in any way
connected with the performance of the IRWM Agreement or this Subgrantee
Agreement.
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26. Subgrantee acknowledges and agrees that the indemnity and obligations imposed by
this Section may continue for a period of twenty-three (23) years beyond the
completion date of the East Contra Costa County IRWM Project. In the event of
any dispute arising out of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees and costs, with the exception that any dispute involving
State Water Board enforcement of the terms of the IRWM Agreement resulting
from any actual or alleged violation, breach or default of this Agreement or the
IRWM Agreement by the action or inaction of Subgrantee shall result in the
reimbursement by Subgrantee of all reasonable attorney's fees and costs incurred by
Grantee without regard for the outcome of the enforcement action.
27. Subgrantee shall have no further obligations under this Subgrantee Agreement,
including those identified in Section 3 of the Subgrantee Agreement, if all of the
following conditions are satisfied. 1) Subgrantee(s component cannot be
implemented during the term of the Subgrantee Agreement; 2) Subgrantee has not
requested disbursement in any amount, and no disbursement has been made; 3)
Subgrantee agrees to pay any and all penalties, administrative expenses, or other
costs attributable to its component, including any costs which may arise subsequent
to Subgrantee(s withdrawal; and 4) The Grant Manager has either exercised the
authority provided to it in the second paragraph of Section 22 of the Subgrantee
Agreement, and Section 13 of Exhibit D of the IRWM Agreement, or has provided
Grantee with written confirmation of the removal of Subgrantee(s component
pursuant to Sections 1 and 26(b) of Exhibit C of the IRWM Agreement.
28. This Agreement may be executed in counterparts, each of which when taken
together shall constitute the entire Agreement.
29. This Agreement shall be interpreted in accordance with the laws of the State of
California.
30. Proper venue for any dispute arising under the terms of this Agreement is Contra
Costa County, California.
Contra Costa Water District (Grantee) Contra Costa County (SubGrantee)
By: By:
Typed or Printed Name Typed or Printed Name
Title Title
Date Date
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FOR STATE USE ONLY
DGS REGISTRATION NO.
PROPOSITION 50
INTEGRATED REGIONAL WATER MANAGEMENT (IRWM) IMPLEMENTATION GRANT
AGREEMENT
BETWEEN THE
STATE WATER RESOURCES CONTROL BOARD, hereinafter called"State"or"State Water Board"
AND
CONTRA COSTA WATER DISTRICT, hereinafter called"Grantee
EAST CONTRA COSTA COUNTY IRWM PROJECT, hereinafter called"Project"
AGREEMENT NO. 07-505-550-0
State and Grantee hereby agree as follows:
PROVISIONS. The following provisions authorize the State Water Board to enter into this type of Grant Agreement:
Water Code, § 79560 et seq.
PURPOSE. The State shall provide a grant to and for the benefit of the Grantee for the purpose of improving water supply
reliability and water quality for the region, reducing dependence on imported water, assisting in achieving the regional
objectives, providing multiple benefits, and eliminating or reducing pollution in sensitive habitat areas and areas of special
biological significance.
GRANT AmouNT.The maximum amount payable under this Agreement shall not exceed$12,500,000.
TERM of AGREEMENT.The term of the Agreement shall begin on July 1, 2007 and.continue through Project completion plus
twenty-three (23) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL
WORK SHALL BE COMPLETED BY MARCH 31, 2012. If the Project is not completed by that date.,
the State Water Board will seek, but does not guarantee, reappropriation of funds encumbered under
this Agreement. ABSOLUTELY NO FUNDS MAY BE REQUESTED AFTER MAY 1, 2012, UNLESS
FUNDS ENCUMBERED UNDER THIS AGREEMENT ARE REAPPROPRIATED.
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Agreement will be:
! State Water Resources Control Board I Grantee: Contra Costa Water District
Name: Laura S.McLean, Grant Manager 1 Name: Jerry Brown, Project Director !
Address: 1001 1 Street, 16th Floor 1 Address: P.O. Box H2O
Sacramento,CA 95814 Concord, CA 94524
I Phone: (916)341-5877 1 Phone: (925)688-8172
I Fax: (916) 341-5707 Fax:. (925)686-2187
1 e-mail: ImcleanCa waterboards:ca.gov I e-mail: ibrown@ccwater.com
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 2 of 28
Direct all inquiries to:
State Water Resources Control Board Grantee: Contra Costa Water District
Section/Unit: Division of Financial Assistance Section/Unit: Planning Department
Attention: Janie Mitsuhashi, Program Anal st . Attention: Andrea Flores, Grant Contact
Address: 1001 1 Street, 17th Floor Address: P.O. Box H2O
Sacramento, CA 95814 Concord,'CA 94524
.Phone: 916 341-5495 Phone: 925 688-8283
I Fax: 916 341-5296 Fax: 925 688-8142
e-mail: 'mitsuhashi waterboards.ca. ov e-mail: aflores@ccwater.com
Either party may change its Project Representative upon written notice to the other party..
STANDARD PROVISIONS.The following exhibits are attached and made a part of this Agreement by.this reference:
Exhibit A Scope of Work
Exhibit B Invoicing, Budget Detail, and Reporting Provisions
Exhibit C General'Conditions-Proposition 50 IRWM Implementation Grants
Exhibit D Special Conditions—Proposition 50 IRWM Implementation Grants
GRANTEE REPRESENTATION& The Grantee 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 Grantee in its application,accompanying documents, and communications
filed in support of its request for grant funding. The Grantee shall comply with and require its contractors,subcontractors,and
sub-grantees to comply with all applicable laws, policies,'and regulations.
DEFINITIONS. The following defined terms apply throughout this Agreement.
"Component" hereinafter means the individually implemented projects which together comprise the EAST CONTRA COSTA
COUNTY IRWM PROJECT(Project). The individual components that comprise this Project will be enumerated in Exhibit A.
:'Sub-grantee'hereinafter means the entity responsible for implementing one or more components.
IN WITNESS THEREOF,the parties have executed this Agreement on the dates set forth below.
By: By:
Grantee Signature(IN BLUE INK) Barbara L..Evoy, Deputy Director
Division of Financial Assistance,
State Water Resources Control Board
Grantee Typed/Printed Name Date
Title and Date Reviewed by:
Office of Chief Counsel
Date:
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 3 of 28
EXHIBIT A
SCOPE OF WORK
1. PLANS AND COMPLIANCE REQUIREMENTS:
1.1. In order for the State Water Board staff to verify work was adequately performed or conducted,global positioning
system(GPS)information for.component sites and monitoring locations must be identified for this Project prior to
any disbursements related to monitoring requirements. Submittal requirements for GPS data are available at
http:/Avww.waterboards.ca.gov/funding/grantinfo.htmi.
1.2. The Grantee shall prepare and implement a Project Assessment and Evaluation Plan(PREP)to detail the methods
of measuring Project benefits and reporting them in accordance with a PAEP. All components that propose pollution
load and/or concentration reductions must report such reductions annually. Use the 319(h)Non Point Source
Pollution Reduction Project Follow-up Survey Form found at
http://www.waterboards.ca.gov/funding/docs/grantinfb/319h pollution survev:xls or a similar format to report annual
load reductions. Components protecting, restoring or creating streams,shorelines,or wetlands, must report an
annual accounting of the acres of wetlands restored and created,feet of stream bank and shoreline protected and
feet of stream channel stabilized. The Grantee shall not implement monitoring and performance assessment and/or
evaluation actions prior to PAEP approval by the Grant Manager. The Grantee shall provide annual updates on the
status of compliance with and progress towards meeting the project goals,targets,and load reductions outlined in
the PAEP for each component. If corrections to the PAEP are needed,these shall be approved in advance by the
Grant Manager. Guidance for preparing the PAEP is available at http://www.waterboards.ca.gov/funding/paep.html.
1.3. If environmental water quality monitoring (chemical, physical,or biological)is undertaken,the Grantee shall prepare,
maintain,and implement a Monitoring Plan (MP). The MP shall include, but is not limited to, a description of the
monitoring objectives,types of constituents to be monitored,and the sampling location frequency/schedule for the
monitoring activities. The MP will include the schedule for submittal of monitoring reports. The Grantee shall be
prohibited from implementing any sampling or monitoring activities prior to approval of the MP by the Grant
Manager. No monitoring may occur prior to MP approval. Any changes to the MP must be submitted to the Grant
Manager for review and a decision regarding approval prior to implementation.
1.4. If a MP is prepared,the Grantee shall also prepare,maintain,and implement a Quality Assurance Project Plan
(QAPP)in accordance with the State Water Board's Surface Water Ambient Monitoring Program's(SWAMP) QAPP
and data reporting requirements,and the USEPA QAPP, EPA AQ/R5, 3/01..Water quality monitoring data includes
physical,chemical,and biological monitoring of any surface water. Electronic submittal of data collected in
accordance with SWAMP shall be required. The QAPP shall be submitted to the State Water Board's Quality
Assurance(QA)Officer for review and a decision regarding approval prior to,the Grantee implementing any
sampling or monitoring activities. No monitoring may occur prior to QAPP approval. Any costs related to monitoring
data collected prior to and not supported by the approved QAPP will not be reimbursed. Guidance for preparing the
QAPP is available at http//www.waterboards.ca.gov/swamp/oapp.html.
1.5. Any component that affects groundwater quality must include monitoring. Monitoring data must be in-an electronic
format that allows for integration into statewide monitoring efforts, including but not limited to,the Groundwater
Ambient Monitoring Assessment Program (GAMA). Groundwater monitoring data deliverables are to be compliant
with the electronic formats contained in California Code of Regulations,Title 23 (Division 3,.Chapter 30,Articles 1
and 2),and Title 27(Division 3,Subdivision 2, Chapters 1 and 2).
1.6. All components are required to comply with the California Environmental Quality Act(CEQA). Work on a component
subject to CEQA cannot begin until the State Water Board has reviewed the CEQA documentation submitted by the
Grantee and given environmental clearance. If the work is conducted on federal land,the Grantee must also comply
with the National Environmental Policy Act(NEPA).
1.7. The Grantee must submit copies of the most recent three(3)years of audited financial statements for each sub-
grantee. The submittal must also include:
1.7.1. Balance sheets,statements of sources of income and uses of funds, a summary description of existing debts
including, but not limited to bonds, and the most recent annual budget;
1.7.2. Separate details for the water enterprise fund (if applicable);
1.7.3.A list of all cash reserves, restricted and unrestricted, and any planned uses of those reserves;and
1.7.4.Any loans required for project funding and a description of the repayment method of any such loans.
Equivalent documentation may be accepted at the discretion of the Grant Manager. Submission of these documents
shall constitute a condition precedent to the disbursement of grant funds. The State Water Board shall retain the
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 4 of 28
grant funds for each component until the documents for that sub-grantee are submtted.to the reasonable
satisfaction of the State Water Board. Once acceptable documents are submitted,any withheld grant funds shall be
promptly disbursed to the Grantee,without interest.
1.8. If landowner agreements are required,signed copies must be submitted to the Grant Manager before work begins.
1.9. If permits are required,the permits must be obtained and signed copies submitted to the Grant Manager before work
begins.
1.10.State Disclosure Requirements—Include the following'disclosure statement in any document,written report,or
brochure prepared in whole or in part pursuant to this Agreement:
"Funding for this project has been provided in full or in part 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 State Water
Resources Control Board;nor does mention of trade names or commercial products constitute endorsement or
recommendation for use." (Gov. Code,§7550;40 CFR 31.20)
Signage shall be posted in a prominent location at component sites(if applicable)and shall include the State Water
Board logo(available from the Program Analyst) and the following disclosure statement:
"Funding for this project has been provided in full or in part through an agreement with the State Water Resources
Control Board"
1.11.The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates
the requirements stated within this work item. (Gov. Code, § 7550)
2. WORK TO BE PERFORMED BY GRANTEE:
2.1 ANTIOCH RECYCLED WATER IMPLEMENTATION—CITY OF ANTIOCH/DELTA DIABLO SANITATION DISTRICT
(COMPONENT1)
This Component will expand opportunities for recycled water use within the service areas of Delta Diablo Sanitation
District(DDSD)and the City of Antioch that will reduce dependence on Delta supplies by replacing irrigation supplies
with recycled water; provide dry-year reliability for the irrigation customers;preserve drinking water supplies for
potable uses;reduce wastewater discharges to the Delta; and make use of available capacity within DDSD's
Recycled Water.Facility(RWF). Component 1 will also be funded through the State Water.Board's Water Recycling
Funding Program, Project No.3231-030.
2.1.1 Conduct pre-and post-construction photo documentation according to State Water Board guidelines,and
submit photos to the Grant Manager.
2.1.2 Construct approximately twenty thousand linear feet(20,000 LF)of recycled main and two (2)pump stations
and an approximately one point one million gallon(1.1 MG) pre-stressed concrete recycled water tank.
2.1.3 Schedule the final construction inspection with the Grant Manager
2.1.4 Conduct Start Up and Testing
2.1.5 Submit"As-Built"drawings.
2.2 DIABLO WATER DISTRICT(DWD)WELL UTILIZATION PROJECT—DWD(COMPONENT 2)
This Component is Phase 2 of a two(2)stage project. Component 2 will install a second groundwater well at the
Stone Creek Site located approximately one-quarter(1/4) mile to the northeast of the recently completed Glen Park
Well. The new groundwater well will reduce the need to purchase more surface water and will operate at higher flow
rates in summer months to meet seasonal increases in peak demands.
2.2.1 Submit a copy of the Feasibility Study. .
2.2.2 Submit proof of right-of-way acquisition.
2.2.3 Submit a copy of the Preliminary Design.
2.2.4 Complete and submit the Final Design, including 100%plans and specifications. Grant funds for
Component 2 may not be disbursed until plans and specifications are accepted by the Grant Manager.
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 5 of 28
2.2.5 Conduct pre-and post-construction photo documentation according to the State Water Board guidelines,
and submit photos to the Grant Manager.
2.2.6 Conduct any compliance and/or water quality monitoring as required in Exhibit A.1 and report to Grant
Manager.
2.2.7 Construct the Stone Creek Well and the Well Supply Pipeline that connects to the existing Glen'Park Well
and Pump Station and the Blending Facility.
2.2.8 Schedule the final construction inspection with the Grant Manager.
2.2.9 Conduct Start Up and testing.
2.2.10 Submit"As Built"drawings.
2.3 PITTSBURG RECYCLED WATER PROJECT—CITY OF PITTSBURG/DELTA DIABLO SANITATION DISTRICT
(COMPONENT 3)
This Component will expand use of recycled water within the service areas of DDSD and the City of Pittsburg that will
reduce dependence on Delta supplies by replacing irrigation supplies with recycled water; provide dry-year reliability
for the irrigation customers; preserve drinking water supplies for potable uses; reduce wastewater discharges to the
Delta;and make use of available capacity.within DDSD's RWF. Component 3 is also funded through the State Water
Board's Water Recycling Funding Program, Project No.3217-030, Grant Agreement No. 05-706-550.
2.3.1 Conduct pre-and post-construction photo documentation according to the State Water Board guidelines,
and submit photos to the Grant Manager.
2.3.2 Construct the pump station,tank and pipeline according to the approved plans and specifications.
Construction will include approximately eight thousand linear feet(8,000 LF)recycled water main,
approximately four thousand linear feet(4,000 LF)of raw water main,two(2)pump stations, and an
approximately one million gallon(1 MG)welded steel recycled water.tank.
2.3.3 Schedule the final construction inspection with the Grant Manager.
2.3,4 Conduct Start Up and testing.
2.3.5 Submit"As Built"drawings.
2.4 ALTERNATIVE INTAKE PROJECT—CONTRA COSTA WATER DISTRICT(COMPONENT 4)
This Component will add a new drinking water intake for the Grantee in the cental Delta that will allow the Grantee to
divert higher quality water while not increasing the amount of water pumped from the Delta(rate or annual quantity).
2.4.1 Submit proof(s)of acquisition of land and rights of way.
2.4.2 Submit the completed 50% Project Design,
2.4.3 Complete the Project Design and submit 100% Design to Grant Manager for approval. Design will include
three(3) major elements: intake/pump station, pipeline,and tunneled river crossing. Grant funds for
Component 4 may not be disbursed until plans and specifications are accepted by the Grant Manager.
2.4.4 Conduct pre-and post-construction photo documentation according to the State Water Board guidelines,
and submit photos to the Grant Manager.
2.4.5 Conduct any compliance and/or water quality monitoring as required in Exhibit A.1 and report to Grant
Manager.
2.4.6 Construct intake and a new pump station with fish screens,electrical substation and building,
2.4.7. Schedule the final construction inspection with the Grant Manager.
2.4.8 Conduct Start Up and testing.
2.4.9 Submit"As Built"drawings.
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 6 of 28
2.5 ANTIOCH.WATER TREATMENT PLANT(WTP) SOLIDS HANDLING PROJECT-CITY OF ANTIOCH
(COMPONENT 5)
This Component involves construction of a new solids handling facility and modifications which will allow for process
water to be returned to the headworks of the plant,thereby eliminating an approximately one-million gallons per day
(1-MGD)demand on the San Joaquin River during peak summer months.
2.5.1 Prepare and submit a complete facilities plan that includes the following: study area characteristics;water
supply characteristics and facilities; estimate of total capital costs and annual operation and maintenance
costs;map of service area;written record of public meeting(s);documentation showing the capability to
construct;operate, and maintain Component 5 facilities throughout the service life;discussion of selected
alternative,design criteria,construction cost,and water quality and other non-monetary benefits of
Component 5;and an implementation schedule. Equivalent documentation may be accepted at the
discretion of the Grant Manager.
2.5.2 Submit plans and specifications for construction of new parallel flocculation and sedimentation basins,along
with six(6)new filters. Grant funds for Component 5 may not be disbursed until final.plans and
specifications are accepted by the Grant Manager.
2.5.3 Conduct pre--and post-construction photo documentation according to the State Water Board guidelines,
and submit photos to the Grant Manager.
2.5.4 Conduct any compliance and/or water quality monitoring as required in Exhibit A.1 and report to Grant
Manager.
2.5.5 Complete construction per the approved plans and specifications.
2.5.6 Schedule the final construction inspection with the Grant Manager.
2.5.7 Conduct StartUp and testing..
2.5.8 Submit"As Built"drawings.
2.5.9 In addition to the requirements of Exhibit B Items 6.4 and 6.5(Draft Component Report and Final
Component Report),include: a description of Component 5 as completed, its features, capacity,.and.
treatment capability.The draft report shall be submitted within ninety(90)days after Initiation of Operation.
2.5.10 Prepare and submit a Performance Certification Report(PCR)one(1)year after initiation of operations that
includes the above listed information and certifies to the Grant Manager whether or not Component 5,as of
that date, meets applicable design specifications and effluent limitations. The PCR.must include a
description of the test conditions, comparison of the actual performance of Component 5 with expected
performance, and Component 5'.s ability to meet objectives. The PCR should assess individual unit
processes for possible operational adjustments to optimize plant reliability. If the Grantee cannot certify that
Component 5 meets such specifications and limitations at that time,the Grantee will,at its own expense and
in a timely manner,expeditiously make all needed corrections and perform all additional work necessary to
allow affirmative certification for Component 5.
2.6 CONTRA COSTA WATER DISTRICT(CCWD) CANAL IMPROVEMENT PROJECT-CONTRA COSTA WATER
DISTRICT(COMPONENT 6)
This Component will modify approximately nineteen hundred(1,900)feet of the unlined Contra Costa Canal to
improve source water quality,increase flexibility, improve security and public safety, and ensure that water supply
conveyance facilities are compatible with the changing land uses immediately adjacent to the canal,including
proposed ecosystem restoration.
2.6.1 Prepare and submit planning and design documents for the implementation of Phase I of the Canal
Improvement Project.
2.6.2 Submit copies of temporary construction easements and a permanent longitudinal easement for the pipeline.
2.6.3 Conduct pre-and post-construction photo documentation according to the State Water Board guidelines,
and submit photos to the Grant Manager.
2.6.4 Conduct any compliance and/or water quality monitoring as required in Exhibit A.1 and report to Grant
Manager.
2.6.5 Complete construction per the approved plans and specifications,including: canals shutdown,constructing
a dewatering system;earthwork(regrading berms and preparation of working surface and roads for heavy
equipment access inside channel;pipe installation);modifying Pumping Plant 1 (PP1) (installing formed
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 7 of 28
elbows and transition structures at PP1); pressure testing pipe and repairing any joints that are not properly
sealed.
2.6.6 Schedule the final inspection with the Grant Manager.
2.6.7 Conduct Start Up and testing.
2.6.8 Submit"As Built'drawings.
2.7 DUTCH SLOUGH TIDAL MARSH RESTORATION—PHASE I—IRONHOUSE SANITARY DISTRICT
(COMPONENT 7)
This Component entails excavating material to create wetland and riparian habitat along lower Marsh Creek while
cost-effectively providing the fill material necessary to prepare a site east of Marsh Creek for tidal marsh restoration.
Fill material from the excavation will be used to bolster interior levees and elevate subsided areas in preparation for
tidal marsh restoration.
2.7.1 Submit a copy of the completed conceptual design.
2.7,2 Develop and finalize an easement for the Marsh Creek Restoration Area.. Submit final documents to the
Grant Manager in accordance with Section 3 of this Exhibit.
2.7.3 Develop and submit a-Final Restoration Design for restoration of wetland and riparian habitat on ISD lands.
2.7.4 Conduct pre-and post-construction photo documentation according to the State Water Board guidelines,
and submit photos to the Grant Manager.
2.7.5 Conduct any compliance and/or water quality monitoring as required in Exhibit A.1 and report to Grant
Manager.
3.7.6 Excavate and grade ISD lands west of Marsh Creek and implement the approved Design Plans on ISD
lands west of Marsh Creek.
2.7.7 Revegetate riparian and marsh vegetation and control exotic plants on the ISD parcel.
2.7.8 Schedule the final construction inspection with the Grant Manager.
2.7.9 Submit"As Built"drawings.
2.8 HABITAT CONSERVATION PLAN (HCP) HABITAT AND WATERSHED PROTECTION/RESTORATION PROJECT
—CONTRA COSTA COUNTY(COMPONENT 8)
This Component involves acquisition, protection and enhancementof key habitat for rare,threatened and
endangered species.
2.8.1 Submit the final Habitat Conservation Plan/Natural Community Conservation Plan(HCP/NCCP).
2.8.2 Submit the Title Deed for land acquisition to the Grant Manager in accordance with Section 3 of this Exhibit.
2.8.3 Develop and submit management plans and restoration/enhancement plans for restoration and
management of parcel.
2.8.4 Conduct pre-and post-construction photo documentation according to the State Water Board guidelines,
and submit photos to the Grant Manager.
2.8.5 Conduct any compliance and/or water quality monitoring asrequired in Exhibit A.1 and report to Grant
Manager.
2.8.6 Construct all habitat restoration/enhancement as specified in the HCP/NCCP.
2.8.7 Schedule the final inspection with the Grant Manager.
2.8.8. Submit"As Built"drawings or submit a completion of restoration report.
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 8 of 28
TABLE OF ITEMS FOR REVIEW
COMPONENT 1: ANTIOCH RECYCLED WATER IMPLEMENTATION
Item DESCRIPTION CRITICAL DUE ESTIMATED DUE
DATE DATE !.
EXHIBIT A—SCOPE OF WORK
1. j PLANS AND COMPLIANCE REQUIREMENTS
!
1.1 GPS Information Day 90
Prior to first.
1.2 Project Assessment and Evaluation Plan (PAEP) Day 30
Non Point Source Pollution Reduction Project Follow-up Survey Annually by 12/15
Form and Assessment of PAEP Status
1.3 Monitoring Plan(MP) N/A
1.4 Quality Assurance Project Plan (QAPP) N/A
1.5 I GAMA data NIA
1.6 Copy of CEQA/NEPA Documentation Prior,to first 12/2007 .
i disbursement for
this Component.
i
1.7 Three Years of Audited Financial Statements Prior to first 12/2007
disbursement for
this Component
1.8 Landowner Agreement(s) N/A
1.9 Applicable Permits 03/2009
2. WORK TO BE PERFORMED BY GRANTEE
i ! .
2.1 Antioch Recycle Water Implementation(Component 1)
..2.1.1 Pre-and Post-Construction Photos 0512010
i
i 2.1.3 I Final inspection with Grant Manager 05/2010
2.1.5 1 "As Built"Drawings 05/2010
I i
EXHIBIT B—INVOICING, BUDGET DETAIL,AND REPORTING PROVISIONS i
6.2 I Grant Summary Form Day 30
!
6.3 NRPI I Before final
Component
invoice
6.4 Draft Component Report 0512011
6.5Final Component Report 0512011
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State Water Board Grant Agreement No. 07-505-550-0
Page 9 of 28
COMPONENT 2: DIABLO WATER DISTRICT(DWD)WELL UTILIZATION PROJECT
Item DESCRIPTION CRITICAL DUE ESTIMATED DUE
DATE DATE
EXHIBIT A—SCOPE OF WORK
1. PLANS AND COMPLIANCE REQUIREMENTS.
1.1 GPS Information Day 90
i
1.2 Project Assessment and Evaluation Plan(PAEP) Day 30
Non Point Source Pollution Reduction Project Follow-up Survey Annually by 12/15
Form and Assessment of PAEP Status
1.3 Monitoring Plan (MP) N/A
1.4 I Quality Assurance Project Plan(QAPP) N/A
1.5 GAMA.data i 10/2010
1.6 Copy of CEQA/NEPA Documentation Prior to first 12/2008
disbursement for I.
this Component
i
1.7 Three Years of Audited Financial Statements Prior to first 12/2007
disbursement for
this Component
1.8 Landowner Agreement(s) 10/2008
1.9 Applicable Permits 2/2009
2. WORK TO BE PERFORMED BY GRANTEE
2.2 Diablo Water District(DWD)Well Utilization Project(Component 2)
i 2.2.1 Feasibility Study 01/2008 i
2.2.2 Proof of Right-of-Way Acquisition 03/2009
2.2.3 Preliminary Design 05/2008
2.2.4 Final Design 0612009
I �
2.2.5 Pre-and Post-Construction Photos 08/2011
2.2.6 Monitoring Report 02/2011
2.2.8 Final Inspection with Grant Manager 09/2011 i
i 2.2.10 "As Built"Drawings 11/2011
EXHIBIT B—INVOICING, BUDGET DETAIL,AND REPORTING PROVISIONS
6.2 Grant Summary Form Day 30
i
6.3 NRPI Before final
Component
invoice
6.4 Draft Component Report 12/2011
6.5 Final Component Report 1//2012
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 10 of 28
COMPONENT 3: PITTSBURG RECYCLED WATER PROJECT
Item DESCRIPTION CRITICAL DUE ESTIMATED DUE
DATE ! DATE
EXHIBIT A—SCOPE OF WORK
i
1. PLANS AND COMPLIANCE REQUIREMENTS
! 1.1 GPS Information ! Day 90
Prior to first
idisbursement
1.2 Project Assessment and Evaluation Plan(PAEP) Day 30
Non Point Source Pollution Reduction Project Follow-up Survey Annually by 12/15
Form and Assessment of PAEP Status
1.3 Monitoring Plan (MP) N/A .
1.4. Quality Assurance Project Plan (QAPP) N/A
1.5 GAMA data N/A
I
1.6 Copy of CEQA/NEPA Documenfation Prior to first 02/2005
disbursement of
funds for this
Component
11.7 Three Years of Audited Financial Statements Prior to first 12/2007
idisbursement of i
funds for this..
Component !
1.8 Landowner-Agreement(s) I N/A i
1.9 1I Applicable Permits 09/2007
2. I WORK TO BE PERFORMED BY GRANTEE
2.3 1 Pittsburg Recycled Water Project(Component 3)
2.3.1 Pre-and Post-Construction Photos 11/2008
2.3.3 Final Inspection with Grant Manager 11/2008
2.3.5 "As-Built'Drawings 12/2008
EXHIBIT B—INVOICING, BUDGET DETAIL,AND REPORTING PROVISIONS
6.2 Grant Summary Form Day 30
6.3 NRPI Before final
Component
invoice
6.4 Draft Component Report 12/2009
6.5 Final Component Report 01/2010
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 11 of 28 .
COMPONENT 4:ALTERNATIVE INTAKE PROJECT
Item DESCRIPTION CRITICAL DUE ESTIMATED DUE
DATE DATE
EXHIBIT A—SCOPE OF WORK
1. PLANS AND COMPLIANCE REQUIREMENTS
1.1 GPS Information Day 90
Prior to first
disbursement
1.2 Project Assessment and Evaluation Plan(PAEP) Day 30
Non Point Source Pollution Reduction Project Follow-up Survey Annually by 12/15
Form and Assessment of PAEP Status
1.3 Monitoring Plan(MP) I 04/2008
1 1.4 Quality Assurance Project Plan(QAPP) 04/2008
i
1.5 GAMA data N/A
1.6 Copy of CEQA/NEPA Documentation Prior to 02/2008
i disbursement of
funds for this
Component
1.7 Three Years of Audited Financial Statements Prior to 07/2007
disbursement of
funds for this
Component
1.8 Landowner Agreement(s) 04/2008
1.9 Applicable Permits 04/2008
2. WORK TO BE PERFORMED BY GRANTEE I
2.4 Alternative Intake Project(Component 4)
I
2.4.1 Proof of Land and Right-Of-Way Acquisition 04/2008
2.4.2 50% Project Design 02/2008
2.4.3 100% Design 05/2008
2.4.4 ! Pre=and Post-Construction Photos 01/2011
i 2.4.5 Monitoring Report i 01/2011
2.4.7 Final Inspection with Grant Manager 01/2011
i 2.4.9 "As Built"Drawings 01/2011
EXHIBIT B—INVOICING, BUDGET DETAIL,AND REPORTING PROVISIONS
I
6.2 Grant Summary Form Day 30
6.3 NRPI Before final
Component
invoice
I
6.4 Draft Component Report 05/2011
6.5 Final Component Report 06/2011
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State Water Board Grant Agreement No. 07-505-550-0
Page 12 of 28
COMPONENT 5: ANTIOCH WATER TREATMENT PLANT(WTP) SOLIDS HANDLING PROJECT
Item DESCRIPTION I CRITICAL DUE ESTIMATED DUE
DATE DATE
i EXHIBIT A—SCOPE OF WORK
1. PLANS AND COMPLIANCE REQUIREMENTS
1.1 I GPS Information Day 90
i Prior to first
disbursement
1.2 Project Assessment and Evaluation Plan (PAEP) Day 30
I Non Point Source Pollution Reduction Project Follow-up Survey Annually by 12/15
j Form and Assessment of PAEP Status
1.3 Monitoring Plan(MP) 03/2008
1.4 Quality Assurance Project Plan (QAPP) 03/2008
1.5 GAMA data N/A
1.6 Copy of CEQA/NEPA Documentation Prior to 02/2008
disbursement of
funds for this
Component
1.7 Three Years of Audited Financial Statements Prior to 12/2007
disbursement of
funds for this
Component
1.8 Landowner Agreement(s) N/A
1.9 Applicable Permits 02/2008
2. WORK TO BE PERFORMED.BY GRANTEE
2.5 Antioch Water Treatment Plant(WTP.) Solids Handling Project
I (Component 5)
2.5A Facilities Plan 02/2008 .
2.5.2 Pians and Specifications 02/2008 i
I
2.5.3 Pre-and Post-Construction Photo documentation 06/2008
i 2.5.4 Monitoring Reports Annually 12/15
2.5.6 Final Inspection with Grant Manager 04/2008
i
11 2.5.8 "As Built"Drawings 05/2008
i 2.5.10 Performance Certification Report 05/2009
EXHIBIT B—INVOICING, BUDGET DETAIL,,AND REPORTING PROVISIONS
6.2 Grant Summary Form Day 30
6.3 NRPI Before final
Component
i invoice
j 6.4 I Draft Component Report 06/2009
6.5 Final Component Report II. 0712009
�J
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State Water Board Grant Agreement No. 07-505-550-0
Page 13 of 28
COMPONENT 6: CONTRA COSTA WATER DISTRICT(CCWD) CANAL IMPROVEMENT PROJECT
Item DESCRIPTION CRITICAL DUE ESTIMATED DUE
I
DATE DATE
EXHIBIT A—SCOPE OF WORK
i
1. PLANS AND COMPLIANCE REQUIREMENTS
1.1 GPS Information Day 90
Prior to first
disbursement
1.2 Project Assessment and Evaluation Plan (PAEP) Day 30
Non Point Source Pollution Reduction Project Follow-up Surrey Annually by 12/15
Form and Assessment of PAEP Status
1.3 Monitoring Plan (MP) 06/2008
1.4 Quality Assurance Project Plan (QAPP) 06/2008
1.5 GAMA data N/A
1.6 Copy of CEQA/NEPA Documentation Prior to 12/2007
disbursement of
funds for this
Component
1.7 Three Years of Audited Financial Statements Prior to 7/2007
disbursement of
funds for this .
Component
1.8 Landowner Agreement(s) 5/2008
1.9 Applicable Permits 5/2008
2. i WORK TO BE PERFORMED BY GRANTEE
2.6 Contra Costa.Water District(CCWD)Canal Improvement Project
Com onent6
2.6.1 Planning and Design Documents 5/2008
2.6.2 Copies of Temporary Construction Easements and Permanent 5/2008
L
Longitudinal Easement
2.6.3 Pre-and Post Construction Photos 10/2010
2.6.4 Monitoring Reports ! 03/2011
i
2.6.6 Final Inspection with Grant Manager 10/2010
2.6.8 "As Built" Drawings 12/2010
EXHIBIT B—INVOICING. BUDGET DETAIL,AND REPORTING PROVISIONS
5.2 Grant Summary Form Day 30
6.3 NRPI Before final
iComponent
invoice
i
6.4 Draft Component Report 05/2011
6.5 Final Component Report i 06/2011
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State Water Board Grant Agreement No. 07-505-550-0
Page 14 of 28
COMPONENT 7: DUTCH SLOUGH TIDAL MARSH RESTORATION—PHASE I
Item DESCRIPTION CRITICAL DUE ESTIMATED DUE
i
DATE _ DATE
EXHIBIT A—SCOPE OF WORK
1. PLANS AND COMPLIANCE REQUIREMENTS
1.1 GPS Information Day 90
Prior to first
i disbursement
1.2 Project Assessment and Evaluation Plan(PAEP) Day 30
Non Point Source Pollution Reduction Project Follow-up Survey I Annually by 12/15
Form and Assessment of PAEP Status
1.5 GAMA data I NA. .
1.6 Copy of CEQA/NEPA Documentation Prior to 06/2008
disbursement of
funds for this
Component
1.7 Three Years of Audited Financial Statements Prior to 03/2008
disbursement of
funds for this
Component
I i
1.8 Landowner Agreement(s) 09/2008 I
1.9 Applicable Permits 122008
2. WORK TO BE PERFORMED BY GRANTEE
I
I. 2,7 DUTCH SLOUGH TIDAL MARSH RESTORATION—PHASE ]
(Component 7
2.7.1 Conceptual Design 06/2009 !
2.7.2 Proof of Easement Acquisition Agreement I 1212008
2.7.3 li Final Restoration Design 122009
i 2.7.4 Pre-and Post-Construction Photos 11/2011.
2.7.5 Monitoring Reports I 11/2011 I
i
2.7.8 Final Inspection with Grant Manager 11/2011
2.7.9 "As-Built" Drawings 11/2011
EXHIBIT B—INVOICING, BUDGET DETAIL,AND REPORTING'PROVISIONS
6.2 Grant Summary Form Day 30
i
6.3 NRPI I Before final .
Component
invoice
6.4 Draft Component Report 12/2011
6.5 Final Component Report 112012
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State Water Board Grant Agreement No. 07-505-550-0
Page 15 of 28
COMPONENT 8: HABITAT CONSERVATION (HCP)AND WATERSHED PROTECTION/RESTORATION PROJECT.
Item ! DESCRIPTION CRITICAL DUE ESTIMATED DUE
DATE DATE
EXHIBIT A—SCOPE OF WORK
1. PLANS AND COMPLIANCE REQUIREMENTS
1.1 GPS Information Day 90
Prior to first
disbursement
1.2 Project Assessment and Evaluation Plan(PREP) Day 30
Non Point Source Pollution Reduction Project Follow-up Survey Annually by 12/15
Form and Assessment of PAEP Status
11.3 Monitoring Plan(MP) 12/2010
1.4 Quality Assurance Project Plan(QAP.P) 12/2010
1.5 GAMA data N/A
I
1.6 Copy of CEQA/NEPA Documentation I Prior to 01/2008
disbursement of
funds for this
Component
1.7 Three Years of Audited Financial Statements Prior to 01/2008
disbursement of
funds for this
I
Component
1.8 Landowner Agreement(s) N/A
1.9 Applicable Permits 0912010
2. WORK TO BE PERFORMED BY GRANTEE
2.8 Habitat Conservation(NCP)And Watershed Protection/
Restoration Proiect(Component 8
2.8.1 I Final HCP/NCCP 08/2007
2.8.2 I Title Deed for Land Purchase. i I 12/2009
2.8.3 Management Plans and Restoration/Enhancement Plans 09/2010
2.8.4 Pre-and Post-Construction Photos I 12/2010
i 2.8.5 Monitoring Reports 11/2011
2.8.7 Final Inspection with Grant Manager 11/2011
i
2.8.8 "As Built" Drawings[or Restoration Report 11/2011
EXHIBIT B—INVOICING, BUDGET DETAIL,AND REPORTING PROVISIONS
i
6.2 Grant Summary Form Day 30
6.3 NR PI I Before final
component
invoice
6.4 Draft Component Report 12/2011
6.5 Final Component Report 01/2012
I
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State Water Board Grant Agreement No. 07-505-550-0
Page 16 of 28
CRITICAL DUE ESTIMATED
ITEMDESCRIPTION DATE DUE DATE
EXHIBIT B—INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS
1. INVOICING Quarterly
6. REPORTS i
6.1 Progress Reports forty-five(45) calendar days following Quarterly
the end of the quarter(March, June, September, and
December)
6.4 1 Draft IRWM Project Report 2/1/2012
6.5 I Final IRWM Project Report I 3/1/2012
3. FOR EACH COMPONENT THAT INVOLVES LAND ACQUISITION:
3.1. Prior to purchasing fee title or a lesser interest in eligible land,the Grantee(buyer)must submit necessary
information to the Grant Manager. This information must include:
3.1.1. An estimate of the current fair market value of the land interest to be purchased. To establish the fair market
value,the Grantee will obtain two independent appraisals(if value of acquisition is less than$100,000,then
only one appraisal is required). One independent review appraisal will be required to review all appraisal
reports and to prepare a written report of the review. All appraisals and the review appraisal must be
prepared by real property appraisers currently licensed by the State of California Office of Real Estate
Appraisers as a Certified General Appraiser.
3.1.2. A written statement of the proposed procedure and timing of the purchase•of the land interest.
3.1.3. A written statement that the land is suitable for its intended uses,and that the Grantee is solely responsible
for the mitigation of any hazardous material.that may be found during the development of the site.
3.1.4. If applicable,a written statement with the necessary findings of General Plan consistency under California
Government Code Section-65402.
3.1.5. If not included in the appraisals, an adequate map showing the location of the proposed component
including the.land/easement proposed for purchase. Adequacy will be determined by the Grant Manager.
3.2. Open an escrow account with an institution licensed by the California Department of Financial Institutions and obtain
the services of an escrow-company that has complied with the requirements of Division 6 of the California Financial
Code,commencing with Section 17000.
3.3. Provide the escrow company with the Purchase and Sale Agreement outlining the terms and conditions.
3.3.1. If the real property is under a bona fide written threat of condemnation or has been condemned,the Grantee
shall immediately notify the Grant Manager in writing, and shall use its best efforts to obtain the maximum
compensation possible. Upon receiving condemnation proceeds,the Grantee shall promptly pay the State
Water Board a percentage of the condemnation proceeds equivaient to the.percentage of the total
acquisition cost originally contributed by the State Water Board up to the total amount disbursed under this
Agreement.
3.3.2. Condemnation means a permanent taking through the exercise of any government power(by-legal
proceedings or otherwise) by any party having the right of eminent domain;or through a voluntary sale or
transfer by the Grantee to any condemnor, either under a bona fide written threat of exercise of eminent
domain by a condemnor or while legal proceedings for eminent domain are pending.
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State Water Board Grant Agreement No. 07-505-550-0
Page 17.of 28
3.4. . Execute and deliver to the Grant Manager an original of the Purchase and Sale Agreement to in the terms of
escrow and the seller's restrictions during the term of the escrow, if any.
3.5. Provide the escrow company with all required deposit amounts and required insurance information. .
3.6. Processing of grant deeds shall occur as part of the escrow instructions and the grant deed will be recorded when all
escrow instructions.have been completed and immediately after escrow closes. If all of the property interest is not
purchased,any funds disbursed under this Agreement must be returned to the State Water Board and any penalties
for arbitrage on interest earned will be paid by the Grantee.
3.7. Close escrow and finalize the acquisition.
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State Water Board Grant Agreement No. 07-505-550-0
Page IS of 28
EXHIBIT B
INVOICING, BUDGET DETAIL,AND REPORTING PROVISIONS
1. INVOICING:
I.I. Invoices shall be submitted in the format provided by the State Water Board. The invoice must be itemized based
on the line items specified in the.Budget. The original invoice shall be submitted to the State Water Board's Grant
Manager on a quarterly basis consistent with the reporting schedule in Section 6.1 of this exhibit. The address for
submittal is:
Laura McLean, Grant Manager .
State Water Resources Control Board
1001 1 Street, 16`h Floor
Sacramento, CA 95814
1.2 Receipt of invoices in any other format than the one provided by the State Water Board will cause an invoice to be
disputed. In the event of an invoice dispute,the State Water Board's Grant Manager will notify the Grantee by
initiating an"Invoice Dispute Notification"form. Payment will not be made until the dispute is resolved and a
corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the
invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed,
postage prepaid,in the United States mail. Invoices not approved by the State Water Board's Grant Manager will
be deemed incomplete.
1.3 Supporting documentation(e:g., receipts)must be submitted with each invoice to request reimbursement for grant
funds as well as to support matching funds invoiced. The amount claimed for the Personnel Services line item and
Professional and Consultant Services line item must include a calculation formula(i.e.hours or days worked times.
the hourly or daily rate=total amount claimed). Invoice payment shall be made only after receipt of a complete,
adequately supported, properly documented and accurately addressed invoice.
1.4 The Grantee shall not request disbursement for any cost until such cost has been incurred and has been paid by or
is due and payable by the Grantee. Although it is agreed that actual payment of such cost by the Grantee is not
required as a condition of the grant disbursement, all grant disbursements received by the Grantee shall be paid to
sub-grantees, contractors, and vendors within thirty(30)days from receipt of the funds. In the event that the
Grantee fails to disburse grant funds to sub-grantees, contractors, or vendors within thirty(30)days from receipt of
the funds,the Grantee shall immediately return such funds to the State Water Board. Interest shall accrue on such
funds from the date of disbursement through the date of mailing of funds to the State Water Board. If the Grantee
.held such funds in interest-bearing accounts, any interest earned on the funds shall also be due to the State_Water
Board.
1.5 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any
manner which is in violation of, or in conflict with,federal or state laws, rules,or regulations,or which may require .
any rebates to the Federal Government,or any loss of tax-free status on state bonds,pursuant to any Federal
statute or regulation.
1.6 Notwithstanding any other provision of this Agreement,the Grantee agrees that the State Water Board may retain
10 percent of the grant amount specified in this Agreement until completion of the Project to the reasonable
satisfaction of the State Water Board. The pro rata amount retained for individual components will be promptly
disbursed to the Grantee,without interest,upon completion of each individual component's Final Component
Report. The pro rata distribution for the final component will not be released until that component is complete and
submission of the Final Component Report and Final Project Report as specified in Section 6.5 of this Exhibit.
Upon completion of the Final Project Report,the remaining grant funds will be disbursed without interest.
1.7 The invoice shall contain the following information:
1.7.1. The date of the invoice;'
1.7.2. The time period covered by the invoice, i.e.,the term"from"and"to";
1.7.3..The total amount due;and
1.7.4. Original signature and date_(in ink)of the Grantee or its authorized representative.
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 19 of 28
1.7.5. Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN
MAY 1, 2012.
2. BUDGET.CONTINGENCY CLAUSE:
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 the Grantee or to furnish any other considerations
under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement. Nothing in this
Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program,the State shall have.the
option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to
Grantee to reflect the reduced amount.
3. .GRANTEE COSTS:
The East Contra Costa County IRWM Project consists of eight individual components. The reasonable costs of the Project
are estimated to be$79,257,184. The Grantee agrees to fund the difference between the estimate of Project cost in the
grant application and the grant amount specified herein,if any. The Grantee's cost share is estimated to be$66,757,184.
The Grantee shall provide the State with evidence that match funds have been expended by a work item prior to submittal
of a request for State grant fund reimbursement. All match funds shall be expended for a component before the final ten
percent(10%) of funds may be disbursed for that component.
4. LINE ITEM BUDGET:
. PROP.50 MATCH TOTAL
I.
1 Professional and Consultant Services and Construction. 1
component 1 Antioch Recycled Water $200,000 $7,285,150 $7,485,150
I
Component 2 (DWD Well Utilization) $500,000 $2,000,000 $2,500,000
Component 3 (PittsburgRecycled Water $1,000,000 $4,935,750 $5,935,750
Component 4 Alternative-intake $4,800,000 1 $29,700,000 1 $34,500,000
Component 5 Antioch WTP Solids $1,000,000 $15,000,000 $16,000,000
Component 6 Canal lm rovements I $1,500,000 $6,336,284 $7,836,284
I 1
Component 7 Dutch Slough) $2,750,000 1 $1,250,000 1 $4,000,000
Component 8 HCP 1 $750,000 1 $250,000 $1,000,000
I I
TOTAL $12,500,000 $66,757,184 $79,257,184
5. BUDGET LINE ITEM FLEXIBILITY:
5.1 Line Item Adjustment(s). Subject tothe prior review and approval of the State Water Board's Grant Manager,
adjustments between existing line item(s)may be used to defray allowable direct costs up to fifteen percent(15%)
of the total grant amount including any amendment(s)thereto. Line item adjustments in excess of.fifteen percent
(15%) shall require a formal Agreement amendment.
5.2 Procedure to Request an Adjustment.The Grantee may submit a request for an adjustment in writing to the Grant
Manager. Such adjustment may not increase or decrease the total grant amount. The Grantee shall submit a copy
of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the
original amount(s)followed with revised change(s)in bold and underlined. Budget adjustments deleting a budget
line item or adding a new budget line item requires a formal amendment and are not permissible under this
provision. The State Water Board may also propose adjustments to the budget.
5.3 Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds encumbered
under this Grant Agreement,any remaining funds revert to the State.The State Water Board will mail a Notice of
Project Completion letter to the Grantee stating that the project file is closed,the final invoice is being processed
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 20 of 28
for payment,and any remaining balance will be disencumbered and unavailable for further use under the Grant
Agreement.
6. REPORTS:
6.1 The Grantee shall submit quarterly progress reports for each component and for the Project to the State Water
Board's Grant Manager forty-five (45)calendar days following the end of the calendar quarter(March,June,
September, and December).
6.1.1 The progress reports shall provide a brief description of the work performed,accomplishments during the
quarter milestones achieved, monitoring results(if applicable), and any problems encountered in the
performance of the work under this Agreement. The Grantee shall document all sub-grantee and.
contractor activities and expenditures in progress reports.
6.1.2 The invoice shall accompany the progress report. The invoice should reflect charges for the work.
completed during the reporting period covered by the progress report. The invoice cannot be paid prior to
submission of a progress report covering the invoice reporting period.
6.2 Grantee shall complete a one(1)page Grant Summary Form
(http://www.waterboards.ca.00v/fundina/docs/grantinfo/grants um.doc)for each project component within three(3)
months of the Agreement execution. A hard copy shall be submitted to the Grant Manager and an electronic copy
to the Program Analyst for State Water Board website posting.
6.3 At the completion of this Project,the Grantee shall complete and submit electronically a Natural Resource Project
Inventory(NRPI) Project Survey Form for each component(http://www.ice.ucdavis.edu/nrpi forms/default.asp). A
hard copy shall be submitted to the Program Analyst prior to final.payment.
6.4 For each component and for the Project,the Grantee shall prepare and submit to the Grant Manager a draft
Component or Project Report for review and comment that includes and addresses the following narrative sections
and items:
6.4.1 A summary of the component or Project,describing the purpose,scope and goals,activities completed,
techniques used, and partners involved:
6.4.2 A report of all management practices or management measures implemented,together with their
corresponding locations. The report shall be.in a format that enables the Grant Manager to find the physical
location of each implemented practice or measure in a quick and efficient.manner.. Acceptable formats
include, but are not limited to:
6.4.2.1 Map'of locations—The map of practices or measures implemented shall consist of dots placed on a
USGS 7.5-minute quadrangle map at the implementation location. Lead lines shall be connected to a
text box description of the practice or measure. The dots shall have a small enough diameter to enable
the Grant Manager to locate the measure or practice within a 50-foot radius.
6.4.2.2 Component coding system—The component coding system shall explain the coding used to'describe
each implemented practice or measure,together with its corresponding latitude and longitude.
6.4.3 Describe component or Project performance,including benefits,successes and shortcomings,consistent
with the PAEP. Enumerate specific quantifiable environmental changes and results of the component or
Project. As appropriate, include 1) behavioral results such as the amount of management practices or
measures.implemented,2)estimates or measurements of the amount of pollutants prevented from reaching
surface or groundwater, and 3) documented changes in water quality based on monitoring.
6.4.4 Identify lessons learned in carrying out the component or Project. Describe what worked and what did not
work,and how similar efforts could be utilized within the component or Project area, as.well as in other
watersheds.
6.4.5 . Describe the extent of outreach that has been conducted and if there are plans to further promote the results
of the component or Project to achieve additional implementation.
6.4.6 Describe the component's or Project's funding. Include the projected cost and actual cost of the component
or Project,how much of the grant funds were spent, and how much funding was put into the component or
0
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 21 of 28
Project. Identify funding sources-that have been'leveraged"by the component or Project and plans for
funding future activities.
6.4.7 Identify planned or potential follow-up activities,such as any additional steps necessary to achieve the water
quality objectives,Total Maximum Daily Loads(TMDL),or local watershed plans.
6.4.8 Include appropriate photos and graphics.
6.4.9 A list of items submitted as outlined in the Table of Items for Review.
6.4.10 Any additional information that is deemed appropriate by the Project Director or Grant Manager.
6.5 For each component and for the Project,the Grantee.shall prepare a final Component or Project Report that
addresses,to the extent feasible,comments made by the Grant Manager on the draft final Component or Project
Report. Submit one(1)reproducible master,two(2)copies,and an electronic copy of the final.
6.6 The Grantee agrees to expeditiously provide,during work on the Project and throughout the term of this Agreement,
such reports,data, information,and certifications as may be reasonably required by the State Water.Board.
7. PAYMENT OF PROJECT COSTS:
The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs connected with the
Project will be paid by the Grantee on a timely basis.
8. ELIGIBLE PROJECT COSTS:
The Grantee shall apply State funds received only to eligible Project costs in accordance with applicable provisions of
the law and Project Budget. Costs that are not eligible for reimbursement include, but are not limited to:
8:1 Costs incurred prior to effective date of this Agreement;
8.2 Replacement of existing funding sources for ongoing programs;
8.3 Support of existing agency requirements and mandates;
8.4 Payment of principal or interest of existing indebtedness or any interest payments unless.the debt is incurred
after execution of this Agreement,the State agrees in writing to the eligibility of the costs for reimbursement
before the debt is.incurred,.and the purposes for which the debt is incurred are otherwise eligible Project
costs;and,
8.5 Costs not directly related to Project(e.g., overhead).
9. AUDIT DISALLOWANCES:
The Grantee agrees it shall return any audit disallowances to the State V..Vater Board.
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 22 of 28
EXHIBIT C.
GENERAL CONDITIONS—PROPOSITION 50 IRWM IMPLEMENTATION GRANTS
1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing,signed by
the parties and approved as required. No oral understanding or agreement not incorporated.in the Agreement is binding
on any of the parties.
2. APPROVAL:The Grantee will not proceed with any work on the Project until authorized in writing by the State Water
Board.
3. ASSIGNMENT:This grant is not assignable by the Grantee, either in whole or in part,'without the consent of the State
Water Board.
4. AUDIT:The Grantee agrees that the awarding department,the Bureau of State Audits,or their designated representative
shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this
Agreement. The Grantee agrees to maintain such records for a possible audit for a minimum of twenty-three (23)
years after final payment, unless a longer period of records retention is stipulated. The Grantee agrees to allow the
auditor(s)access to such records during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records.Further,the Grantee agrees to include a similar right of the State to
audit records and interview staff in any contract related to performance of this Agreement.
5. BONDING: Where contractors are used,the Grantee or Sub-Grantee shall not authorize construction to begin until each
such contractor has furnished a performance bond in favor of the Grantee 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$20,000.00.
6. CALFED PROGRAM CONSISTENCY: If this Project assists in meeting any of the CALFED Bay-Delta Program Goals,
this Project shall be consistent with the CALFED Programmatic Record of Decision and must be implemented,to the
maximum extent possible,through local and regional programs..
7. CEQA/NEPA:
a. No work that is subject to the California Environmental Quality Act(CEQA)or National Environmental Policy Act
(NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the
Grant.Manager and the State Water Board has given environmental clearance. No work that is subject to an
Environmental Impact Report.or a Mitigated Negative Declaration may proceed until and unless approved by the
Deputy Director of the State Water Board's Division of.Financial Assistance(Division). Such approval is fully
discretionary and shall constitute a condition precedent to any work for which it is required.
b. If any component includes modification of a river or stream channel,it must fully mitigate environmental impacts
resulting from the modification. The Grantee 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 component,and whether,on balance,any
environmental enhancement or benefit equals or exceeds any negative environmental impacts of the component.
8. . COMPLIANCE WITH LAW,REGULATIONS, ETC.:The Grantee agrees that it will, at all times,comply with and require
its contractors,subcontractors,and sub-grantees to comply with all applicable federal and state laws, rules,guidelines,
regulations, and requirements.Without limitation of the foregoing,the Grantee agrees that,to the extent applicable, the
Grantee will comply with the provisions of the adopted environmental mitigation plan for the term of this Agreement, or the
useful life of the Project,whichever is longer.
9. COMPUTER SOFTWARE:The Grantee certifies that it has appropriate systems and controls in place to ensure that state
funds will not be used in the.performance of this Agreement for the acquisition,operation,or maintenance of computer
software in violation of copyright laws.
10. CONFLICT OF INTEREST: The Grantee certifies that it is in compliance.with applicable state and/or federal conflict of
interest laws.
11. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except as provided
in the Agreement, it will not abandon, substantially discontinue use of, lease,or dispose of the Project,of any component,
or any significant part or.portion thereof 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
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 23 of 28
repayment of all grant funds or.any portion of all remaining grant funds covered by this Agreement together with accrued
interest and any penalty assessments which may be due.
12. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of
this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds,or if such breach shall
result in an obligation on the part of the State to reimburse the federal government by reason of any arbitrage profits,the
Grantee shall immediately reimburse the state in an amount equal to any damages paid by or loss•incurred by the state
due to such breach.
13. DATA MANAGEMENT: This Project includes appropriate data management activities so that Project data can be
incorporated into appropriate statewide data systems.
14. DISPUTES:The Grantee shall continue with the responsibilities under this Agreement during any dispute.Any dispute
arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director,or
his or her authorized representative.The decision shall be reduced to writing and a copy thereof furnished to the Grantee
and to the State Water Board's Executive Director.The decision of the Division shall befinal and conclusive unless,within
thirty(30)calendar days after mailing of the Division decision to the Grantee,the Grantee mails or otherwise furnishes a
written appeal of the decision to the State Water Board's Executive Director.The decision of the State Water Board's
Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been
fraudulent, or capricious,or arbitrary, or so grossly erroneous as necessarily to imply bad faith,or not supported by
.substantial evidence. In connection with any appeal under this clause,the Grantee shall be afforded an opportunity to be
heard and to offer evidence in,support of its appeal. Pending final decision of a dispute hereunder,the Grantee shall
continue to fulfill and comply with all the terms, provisions,commitments, and requirements of this Agreement. This
clause 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.
15. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS:The Grantee agrees that,ata minimum, its fiscal
control and accounting procedures will be sufficient to permit tracing of grantfunds to a level of expend iture.adequate to
establish that such funds have not been used in violation of state'law or this Agreement. The Grantee further agrees that
it will maintain separate Project accounts in accordance with generally accepted accounting principles.
16. GOVERNING LAW:This grant is governed by and shall be interpreted in accordance with the laws of the State of
California.
17. GRANT MODIFICATIONS:The State Water Board may,at any time,without notice to any sureties, by written order
designated or indicated to be a"grant modification,"make any change for the work to be performed under this Agreement
so long as the modified work is within the general scope of work called for by this Agreement, including but not limited to
changes in the specifications or in the method, manner,or time of performance of work. If the Grantee intends to dispute
the change,the Grantee must,within ten(10)days after receipt of a written"grant modification,"submit to the State Water
Board a written statement setting forth the disagreement with the change.
18. GRANTEE'S RESPONSIBILITY FOR WORK: The Grantee shall be responsible for work and for persons or entities
engaged in work, including, but not limited to,contractors,subcontractors, suppliers,sub-grantees,and providers of
services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project,
including but not limited to payment disputes with contractors,subcontractors, and sub-grantees. The State will not
mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.
19. GROUNDWATER MANAGEMENT PLAN: If applicable,the Grantee certifies that this Project or any component thereof
complies with the local Groundwater Management Plan that meets the requirements of Water Code§ 10753.7 or
conforms to the requirements of an adjudication of water rights in the subject groundwater basin. This shall constitute a
condition precedent to this Agreement.
20. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits,or other amounts (including any
interest thereon)accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State,to
the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this
Agreement.
21. INDEPENDENT ACTOR: The Grantee;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.
22.. INSPECTION: Throughout the life of the Project,the State Water Board shall have the right to inspect any component
areas to ascertain compliance with this Agreement. Grantee acknowledges that Project and component records and
locations are public records.
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State Water Board Grant Agreement No. 07-505-550-0
Page 24 of 28
23. INSURANCE:Throughout the life of the Project,the Grantee shall provide and maintain insurance against fire,vandalism,
and other loss,damage,or destruction of the facilities or structures constructed pursuant to this Agreement,if any. This
insurance shall be issued by a company or companies admitted to transact business in the State of California. The
insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage
without thirty(30)days prior written notice to the State Water Board. In the event of any damage to or destruction of the
Project,a component,or any larger system of which it is a part,the net proceeds of insurance shall be applied to the
reconstruction,repair,or replacement of the damaged or destroyed parts of the Project, component or its larger system.
The Grantee shall begin such reconstruction, repair,or replacement as expeditiously as possible and shall pay out of such
net proceeds all costs and expenses in connection with such reconstruction, repair,or replacement so that the same shall
be completed and the larger system shall be free of all claims and liens.
.24. NONDISCRIMINATION:During the performance of this Agreement,the Grantee,its sub-grantees,and its contractors
shall not unlawfully discriminate against, harass,or allow harassment against any employee or applicant for employment
because of sex, race, religion,color, national origin, ancestry,disability, sexual orientation,medical condition, marital
status, age(over 40),or denial of family-care leave,medical-care leave, or pregnancy-disability leave. The Grantee,its
sub-grantees,and its contractors shall ensure that the evaluation and treatment of their employees and applicants for.
employment are free of such discrimination and harassment.
25. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in,or grant remedies to,any third
party as a beneficiary of this grant Agreement,or of any duty,covenant,.obligation or undertaking established herein.
26. NOTICE:
a. The Grantee shall notify the State Water Board prior to conducting construction,monitoring,demonstration,or other
implementation activities such that State Water Board and/or Regional Water Board staff may observe and document
such activities.
b. The Grantee shall promptly notify the State Water Board of events or proposed changes that could affect the scope,
budget,or work performed under this Agreement. The Grantee agrees that no substantial change in the scope of
the Project will be undertaken until written notice of the proposed change has been provided to the State Water
Board,and the State Water Board has given written approval for such change.
c. The Grantee shall notify the State Water Board at least ten (10)working days prior to any public or media event
publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and
participation by State Water Board representatives.
d. The Grantee shall promptly notify the State Water Board in writing of completion of work on the Project.
e. The Grantee shall promptly notify the State Water Board in writing of any cessation of all major construction work on
any component where such cessation of work.is expected to or does extend for a period of thirty(30)days or more
and of 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 beyond the estimated date of completion of construction.
previously provided.
27. OPERATIONS&MAINTENANCE:The Grantee or applicable sub-grantee shall maintain and operate any facility and
structure constructed or improved as part of the Project throughout the life of the Project,consistent with the purposes for
which this Grant was made. The Grantee or applicable sub-grantee 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. The Grantee may be excused from operations and maintenance only upon the written approval of the Grant
Manager. For purposes of this Agreement,"operation costs"include direct costs incurred for material and labor needed
for operations, utilities, insurance, and similar expenses. "Maintenance costs"include ordinary repairs and replacements
of a recurring nature necessary to prolong the life of capital assets and basic structures,and the expenditure of funds
necessary to replace or reconstruct capital assets or basic structures.
28. PERMITS, CONTRACTING,WAIVER, REMEDIES,AND DEBARMENT:The Grantee shall procure all permits and
licenses 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. Any contractors,outside associates,sub-
grantees,or consultants required by the Grantee 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 the State Water Board's Grant Manager during the performance of this Agreement. Any
substitutions in,or additions to,such sub-grantees,contractors,associates,.or consultants,shall be subject to the,prior
written approval of the State Water Board's Grant Manager. Any waiver of rights with respect to a default or other matter
arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other
default or matter. Any rights and remedies of the State provided for in this Agreement'are in addition to any other rights
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 25 of 2B
and remedies provided by law. The Grantee shall not contract with any partywho is debarred or suspended or otherwise
excluded from or ineligible for participation in federal assistance programs under Executive Order 12549,"Debarment and
Suspension." The Grantee shall not contract with any individual or organization on USEPA's List of Violating Facilities.
(40 CFR, Part 31.35;Gov. Code§4477)www.epis.gov. The Grantee certifies to.the best of its knowledge and belief,that
it and its.principals:
a. Are not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded by any
federal department or Grantee;
b. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or
performing a public(federal, state or local)transaction or contract under a public transaction;violation of federal or
state antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,
making false statements,or receiving stolen property;
c. Arenot presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state or
local)with commission of any of the offenses enumerated in paragraph (b) of this certification; and
d. Have not within a three(3)-year period preceding this application/proposal had one or more public transactions
(federal,state,or local)terminated for cause or default,
29. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable,the Grantee agrees to be bound by all the provisions
of State Labor Code regarding prevailing wages. If applicable,the Grantee shall monitor all agreements subject to
reimbursement.from this Agreement to assure that the prevailing wage provisions of State Labor Code are being met.
The Grantee certifies that it has a labor compliance program in place pursuant to section 1771.8 of the Labor Code,where
applicable.
30. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this
Agreement where such services are called for.
31. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted
accounting principles,the Grantee agrees to:
a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project;
b. Establish separate accounts which will.adequately and accurately depict all amounts received and expended on this
Project, including all grant funds received under this Agreement;
c. Establish separate accounts which will adequately depict all income received which is attributable to the Project,
especially including any income attributable to grant funds disbursed under this Agreement;
d. Establish an accounting system which will adequately depict final total costs of the Project,including both direct and
indirect costs;
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 a Force Account is used by the-Grantee for any phase of the Project,establish an account that documents all
employee hours,and associated tasks charged to the Project per employee.
32. RELATED LITIGATION: Under no circumstances may a Grantee use funds or permit use of funds from any disbursement
under this Grant Agreement to pay costs associated with any litigation the Grantee or sub-grantee pursues against the
State Water Board or any Regional Water Quality Control Board (Regional Water Board). Regardless of the outcome of
any such litigation, and notwithstanding any conflicting language in this Agreement,the Grantee agrees to complete the
Project funded by this Agreement or to repay all of the grant funds plus interest.
33. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings,specifications, reports,computer programs,
operating manuals, notes,and other written or graphic work produced in the performance of this Agreement shall be in the
public domain. The Grantee 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 Grantee shall not utilize the materials for any profit-making venture or sell or grant
rights to a third party who intends to do.so.
Contra Costa Water District
State Water Board Grant Agreement No. 07-505=550-0
Page 26 of 28
34. STATE REVIEWS AND INDEMNIFICATION:The parties agree that review or approval of Project applications,
documents, permits, plans and specifications, or other Project information by the State Water Board is for administrative
purposes only and does not relieve the Grantee of its responsibility to properly plan,design, construct,operate, maintain,
implement,or otherwise carry out the Project.To the extent permitted by law, the Grantee agrees to indemnify,defend
and hold harmless the State Water Board and the State against any loss or liability arising out of any claim or action
brought against the State Water Board and/or the State 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, any component 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 California Hazardous
Waste Control Law and California Water Code§13304, and any successors to said laws), rule or regulation or the
release of any toxic substance on or near any component site;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 Grantee for use in any disclosure document utilized in connection with any of the transactions
contemplated by this Agreement.To the fullest extent permitted by law,the Grantee agrees to pay and discharge any
judgment or award entered or made against the State Water Board.and/or the State with respect to any such claim or
action,and any settlement,compromise,or other voluntary resolution.The provisions of this section shall survive the term.
of this Agreement.
35. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental.
projects required by Regional Water Boards.
36. STATE WATER BOARD ACTION,COSTS,AND ATTORNEY FEES:The Grantee agrees that any remedy provided in
this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water
Board as a result of breach of this Agreement by the Grantee,whether such breach occurs before or after completion of
the Project or any component,and exercise of any remedy provided by this Agreement by the State Water Board shall not
preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event .
of litigation between the parties.hereto arising from this Agreement,it is agreed that the prevailing party shall be entitled to
such reasonable costs and/or attorney fees as may be ordered by the court entertaining such litigation. .
37. TERMINATION, IMMEDIATE REPAYMENT, INTEREST:This Grant Agreement may be terminated by written notice at
any time prior to completion of the Project, at the option of the State Water Board,upon violation by the Grantee of any.
material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee 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 Grantee agrees, upon demand,to immediately repay to the State
Water Board an amount equal to the amount of grant funds disbursed to the Grantee 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 Grantee to the date of full repayment by the Grantee.
38. TIMELINESS:Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an
expeditious manner.
39. TRAVEL AND PER DIEM: Any reimbursement for necessary travel shall be at rates not to exceed those set by the
California Department of Personnel Administration. These rates may found at http://www.dpa.ca.00v/jobinfo/
statetravel.shtm. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs
are incurred by the Grantee. No travel outside the State of California shall be reimbursed unless prior written
authorization is obtained from the Grant Manager.
40. UNENFORCEABLE PROVISION: 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 shall continue to have full force and effect
and shall not be affected thereby.
41. URBAN WATER MANAGEMENT PLAN: The Grantee certifies that this Project or any component thereof complies with
the Urban Water Management Planning Act(Wat. Code§ 10610 et seq.). This shall constitute a condition precedent to
this grant agreement.
42. USEFUL LIFE OF PROJECT: For the purpose of this Agreement,the useful life of any constructed portions of this
Project or any component thereof begins upon completion of construction and continues until fifty(50)years thereafter for
pipelines and structures and twenty(20)years for all else.
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page,27 of 28
43. VENUE:The State Water Board and the Grantee hereby agree that any action arising.out of this Agreement shall be filed
and maintained in the Superior Court in and for the County of Sacramento, California,or in the United States District Court
in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes
of this Agreement.
44. WITHHOLDING OF GRANT DISBURSEMENTS:The State Water Board may withhold all or any portion of the grant
funds provided for by this Agreement in the event that the Grantee has materially violated,or threatens to materially
violate, any term, provision,condition,or commitment of this Agreement;or the Grantee fails tomaintain reasonable
progress toward completion of the Project or any component thereof.
Contra Costa Water District
State Water Board Grant Agreement No. 07-505-550-0
Page 28 of 28
EXHIBIT D
SPECIAL CONDITIONS—PROPOSITION 50 IRWM IMPLEMENTATION GRANTS
1'. The Grantee hereby warrants,represents,and covenants that this Project shall protect communities from drought, protect
and improve water quality, and improve local water security by reducing dependence on imported water.
2. The Grantee hereby warrants,represents,and covenants that this Project does not include an on-stream surface water
storage facility or an off-stream surface water storage facility other than percolation ponds for groundwater recharge in
urban areas.
3. The Grantee hereby warrants,represents,and covenants that this Project or any component thereof is not a river or
stream channel modification project whose construction or operation causes any negative environmental impacts unless
those impacts are fully mitigated. .
4. The Grantee hereby warrants, represents, and covenants that this Project includes one or more of the following elements:
a. Programs for water supply reliability,water conservation,and water use efficiency.
b. Storm water capture,storage,treatment,and management.
c. Removal of invasive non-native plants,the creation and enhancement of wetlands, and the acquisition, protection,and
restoration of open space and watershed lands.
d. Non-point source pollution reduction,management,and monitoring.
e. Groundwater.recharge and management projects.
f. Contaminant and salt removal through reclamation,desalting, and other treatment technologies.
g. Water banking,exchange,reclamation,and improvement of water quality.
h. Planning and implementation of multipurpose flood control programs that protect property;.and improve water quality,
storm water capture and percolation; and protect or improve wildlife habitat.
i. Watershed management planning and implementation.
j. Demonstration projects to develop new drinking water treatment and distribution methods.
5. The Grantee hereby warrants,represents,and covenants that this Project is consistent with an adopted integrated regional
watermanagement plan designed to improve regional water supply reliability,water recycling,water conservation,water.
quality improvement,storm water capture and management,flood management,recreation and access,wetlands
enhancement and creation,and environmental and habitat protection and improvement.
6. The Grantee hereby warrants,represents,and covenants that this Project.includes matching funds or donated services
from non-state sources.
7. The Grantee hereby warrants, represents, and covenants that its matching funds shall constitute at least 10 percent of the
total Project costs.
8. The Grantee hereby warrants, represents,and covenants that it meets the eligibility requirements set forth in the Integrated
Regional Water Management Grant Program.Guidelines adopted by the State in November 2004.
9. The.Grantee hereby warrants, represents,and covenants that if this Project or any component thereof affects groundwater,
it shall include groundwater monitoring requirements consistent with the Groundwater Monitoring Act of 2001 (Wat.Code,
§ 10780 et seq.).
10.The Grantee hereby warrants, represents,and covenants that watershed protection activities are consistent with the
applicable,adopted, local watershed management plans and the applicable Regional Water Quality Control Plan(Basin
Plan)adopted by the Regional Water Board.
11.The Grantee certifies that any work carried out under this Agreement is consistent with the applicable local General Plan
under Government Code Section 65402 and that it has complied with all provisions of Title 1, Division 7, Chapter 16 of the
California Government Code.
12.The Grantee certifies that if the transfer of title(or easement)to the Grantee or applicable sub-grantee has not been
completed prior to the start of any activity under this Agreement,the Grantee or applicable sub-grantee has secured.a
signed right-of-entry from the owner(s)of the required property(s).
13. In the event that one or more of the components cannot be implemented during the term of this Agreement,and no grant
funds for that component have been disbursed,the Grant Manager may:
a. authorize the distribution of that component's portion of the grant budget to the remaining components;
b. authorize those funds to be disbursed to a new component proposed by the Grantee;or,
c. reduce the amount of the grant by the amount allocated to that component.