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HomeMy WebLinkAbout2005-01-10 City Council (2)• System Water Audits • Metering with Commodity Rates • High Efficiency Clothes Washers • Public Information Program • Conservation Pricing • Conservation Coordinator Additionally, CP AU will be submitting the following BMP reports for programs implemented during the next reporting period 2003 and 2004: • Residential Water Surveys • Large Landscape Conservation • School Education The remaining five BMP water conservation programs have not been implemented and partnership with SCVWD would not affect the City's involvement for several reasons: • The programs are staff resource intensive. Full implementation of the remaining programs would necessitate the hiring of additional staff. • Program implementation could cause an upward impact on water rates in order to pay for . program marketing and rebates. If all the BMPs are implemented at the same time, water revenue will be impacted because of declining consumption through conservation. DISCUSSION There are a total of ten cost-sharing programs, nine water conservation programs and one marketing and outreach program (Attachment D) that SCVWD will be administering and implementing for CP AD. Marketing for water conservation will be shared between SCVWD and CPAU. SCVWD will provide staffing and administration for the remaining nine programs including program reporting. Implementation and administrative functions for these programs (e.g. provide scheduling, budget tracking and invoicing, contractor oversight, customer service, and project reporting associated with program implementation) will be handled by the SCVWD staff in San Jose. These water conservation programs and water savings are concurrent with the Water Conservation Savings Potential Information Report (CMR:395:04) presented to Council on September 13, 2004. Three different portfolios were presented in this report; nine of the measures discussed in that report are included in the proposed cost-sharing agreement with SCVWD. The following table provides a summary of the water conservation programs to be implemented with SCVWD. The program numbers correspond to Attachments A and C. CMR:510:04 Page 2 of4 CUSTOMER COST-SHARING PROGRAM TYPE PROGRAM DESCRIPTION FUNDING Program I Residential Program provides free site surveys to single-family homes as well SCVWD/CPAU Water-Wise House Call as multi-family dwellings. Survey includes an interior evaluation (showerheads, aerators, and/or flappers will be replaced when needed) and an exterior evaluation that includes a watering schedule. Program II Residential / Program provides Evotranspiration (ET) Controllers for residential GrantlSCVWD/ ET Controller Commercial and commercial landscapes with functioning standard irrigation CPAU controllers. Program participants can opt for direct or self- installation. Program III Residential Program provides a $125 rebate for the replacement of non-Ultra SCVWD/CPAU High Efficiency Toilet Low Flush toilets with High Efficiency (pressure-assisted i-gallon per flush) and Dual-Flush toilets. Program IV Residential / Program provides free site evaluations to assist property owners SCVWD/CPAU ITAP Commercial in better managing their water use and improve their irrigation efficiency. Sites must have at least an acre of irrigated landscape to participate. Program V Commercial Program provides full service toilet replacement program to high SCVWD/CPAU end use commercial facilities such as restaurants, food stores and gas stations. Commercial ULFT Program VI Commercial Program provides rebates for the purchase of qualifying SCVWD/CPAU Commercial Clothes commercial grade high-efficiency clothes washers. Washer Program VII Commercial Program installs high-efficiency pre-rinse spray valves to GrantlSCVWD/ Pre-Rinse Sprayer restaurants and kitchens. CPAU Program VIII Residential Program to provide tiered rebates to residents for purchasing a GrantlSCVWD/ Residential Clothes Washer high-efficiency clothes washer. This program is partially funded CPAU Rebate by a DWR Prop.13 want. Program IX Residential / SCVWD will send CPAU marketing pieces before mailings are SCVWD/CPAU Marketing Commercial sent to public. \ Program X Residential / Program provides dedicated irrigation water meters for high water GrantfSCVWD/ Dedicated Irrigation Meter Commercial users that are currently on a mixed-use meter. CPAU Advantages to partnering with SCVWD include: . • Significantly lower costs of implementing the water conservation programs because SCVWD infrastructure is already in place, with aqequate staffing and technical expertise. Past experience with SCVWD has been positive and is a significant reason for seeking to expand the collaboration to include additional conservation services. • Leveraging of technical expertise between the organizations • Minimizing program start-up costs • Reducing demands on Ci~y staffing resources associated with in-house implementation RESOURCE IMPACT The total cost of the program is approximately $190,000. CPAU is directly contributing $96,405 (Attachment C). The balance of the total program costs, as well as most of the administrative costs associated with implementation of the water conservation programs, see Attachment D Cost-Sharing Program, will be absorbed by SCVWD. Funds for the program in the amount of $96,405 are included in the FY 04/05 Water Fund operating budget. CPAU has confirmed that the State's recent takeaway of funds from SCVWD will not impact this cost-sharing agreement. For this fiscal year, SCVWD encumbered funding for the cost-sharing programs. The City proposes to continue the successful partnership with SCVWD by offering three additional water conservation programs in 2004: ET controllers, dedicated irrigation meters, and a residential . CMR:51 0:04 Page 3 of4 Attachment A MEMORANDUM OF UNDERSTANDING. BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT~ND THE CITY OF PALO ALTO FOR RESIDENTIAL AND COMMERCIAL WATER CONSERVATION PROGRAMS Fiscal Year 2004 -2005 . This MEMORANDUM OF UNDERSTANDING (MOU) between the Santa Clara Valley Water District (hereinafter referred to as DISTRICT) and the City of Palo Alto (hereinafter referred to as PALO ALTO) sets forth the respective roles of the DISTRICT and PALO ALTO in regard to the DISTRICT'S RESIDENTIAL AND COMMERCIAL WATER CONSERVATION PROGRAMS (hereinafter referred to as PROGRAMS) is made and entered into as of , 2004. RECITALS WHEREAS the PROGRAMS involve providing a variety of strategic residential and commercial water conservation programs (see APPENDICES A, B, C & D); and WHEREAS these water conservation PROGRAMS are appropriate Best Management Practices for residential,·commercial, industrial and institutional accounts addressed in the MOU regarding Urban. Water Conservation in California; and WHEREAS Palo Alto wishes to participate in said PROGRAMS; NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties herein expressed, DISTRICT and PALO ALTO agree as follows: 1. DISTRICT'S RESPONSIBILITIES a) Administration of PROGRAMS 1 through 10 (see APPENDIX A). b) Collection,of data to determine usage and water savings. Data will be put together by the DISTRICT and provided to PALO ALTO. c) Administration of all PROGRAM funds. d) . Invoicing PALO ALTO on a quarterly basis for each of the PROGRAMS 1 through 9 (aggregate invoice, broken down by program). e) Work cooperatively with PALO ALTO in appropriately advertising the PROGRAMS 1 through 10 to targeted customers. f) Meet with PALO ALTO staff on a quarterly basis to discuss the various program statuses and outreach strategies. g) Verification of qualifying installed program measures. h) DISTRICT agrees to pay co-funding amounts as described in APPENDIX B, Program 10. i)· Make payment to PALO ALTO within 60 days of receipt of invoice from PALO ALTO for Program 10. 2. PALO ALTO'S RESPONSIBILITIES a) Implementation of PROGRAM 10, including payment of installation costs of ten (10) dedicated irrigation meters at approved sites. b) Track all staff time and mileage spent on Program 10 on a spreadsheet provided by District, which will then be filled out and sent back to District (APPENDIX D). District wi" then submit this to DWR for grant funding reimbursement. . c) Inyoicing DISTRICT on a monthly basis for PROGRAM 10 (purchase of meters only). d) Identification and notification of a" prospective Palo Alto participants in all program offerings. e) Work cooperatively with DISTRICT in appropriately advertising the PROGRAM to the targeted customers. f) Provide DISTRICT with electric and wafer usage records and other data necessary to determine savings and cost effectiveness of the various PROGRAMS. g) PALO ALTO agrees to pay co-funding amounts as described in APPENDIX A, Band C for Programs 1 through 10. h) Make payment to DISTRICT within 60 days of receipt of invoice from DISTRICT. 3. CEQA DISTRICT shall be responsible for assuring that the PROGRAMS comply with the requirements of the California Environmental Quality Act (CEQA) and that all necessary documents have been filed. 4. HOLD HARMLESS AND LIABILITY PALO ALTO and DISTRICT each agree to mutually indemnify, defend at its own expense, including attorneys' fees, and hold each other harmless from and against all claims, costs, penalties, causes of action, demands, los,ses and liability of any nature whatsoever, including but not limited to liability for bodily injury, sickness, disease or death, property damage (including loss of use) or violation of law, caused by or arising out of or relatep to an negligent act, error or omission, or willful misconduct of that party, its officers or employees, or any other agent acting pursuant to its control and performing under this agreement. 5. DOCUMENT REVIEW DISTRICT and PALO ALTO will make available for inspection to the other party, upon reasonable advance written notice, all records, books and other documents relating to the PROGRAMS. 6. TERM The term of the MOD shall be from December 1, 2004 through June 30, 2005, or until funds are depleted. The term of the MOU may be extended by mutual consent of the Parties. This MOU shall be contingent upon approval of program funding each fiscal year by the DISTRICT's Board of Directors and PALO ALTO's City Council. In the event such contingency is not met. this MOU shall terminate at the beginning of the fiscal year for which funding is not approved. 7. NOTICE Any notice. payment. credit or instrument required or permitted to be given hereunder shall be deemed received upon personal delivery or five (5) days after deposit in any United States mail depository. first class postage prepaid and addressed to the party for whom intended; or on the same day as a facsimile or email transmission is sent as long as original is placed in the mail on the same day. . If to DISTRICT: If to PALO ALTO: Santa Clara Valley Water District 5750 Almaden Expressway . San Jose, CA 95118-3614 Attn: Karen Morvay. Water Conservation Specialist Facsimile: (408) 979-5639 City of Palo Alto Utilities 250 Hamilton Ave., 3'11 Fl. Palo Alto, CA 94301 Attn: Kim Brown. Residential Program Manager Facsimile: (650) 617-3140 Either party may change such address or contact person by notice given to the other party as provided herein. . 8. AMENDMENTS The MOU may be amended as circumstances necessitate by written agreement executed by both parties. 9. ASSIGNMENT - 2 - Neither party shall assign, sublet, or transfer this agreement or any of the rights or interests in this agreement without the written consent of the other party. 10. SEVERABILITY The partial or total invalidity of one or more parts of this MOU will not affect the intent or validity or remaining parts of this MOU. 11. GOVERNING LAW This MOU will be deemed a contract under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. 12. TERMINATION OF AGREEMENT This MOU may be terminated by either party hereto for any reason upon thirty-(30) days written notice to the other Party. 13. SIGNATURES The individuals executing this MOU represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. In WITNESS WHEREOF, the parties have executed this MOU as of the effective date. APPROVED AS TO FORM: Grant Kolling Senior Assistant City Attorney ATTEST: John Ulrich Director, City of Pal Alto Utilities APPROVED AS TO FORM: EMILY J. COTE Assistant General Counsel CITY OF PALO ALTO, CALIFORNIA Frank Benest City Manager Address: 250 Hamilton Ave., 3rd FI. Palo Alto, CA 94301 Telephone: 650.329.2241 Facsimile: 650.617.3140 SANTA CLARA VALLEY WATER DISTRICT STANLEY M. WILLIAMS Chief Executive Officer Address: 5750 Almaden Expressway SanJose,CA 95118 Telephone: '408.265.2600 Facsimile: 408.267.3127 - 3 - APPENDIX A WATER CONSERVATION PROGRAMS FY 04·05 Santa Clara Valley Water District Administers: BMP and Program Description Customer Type Program Description Program 1 BMP1 Residential Program provides fi'ee site surveys to single- family homes as well as multi-family dwellings. Survey includes an interior evaluation (showerheads, aerators, and/or Water-Wise House Residential Water flappers will be replaced when needed) and Call Program Surveys an exterior evaluation that includes a Program 2 BMP5 Residential I Program provides ET Controllers for Commercial residential and commercial landscapes with functioning standard irrigation controllers. ET Controller Large Landscape Program participants can opt for direct or self Program Conservation installation. Program 3 BMP 14 Residential Program provides a $125 rebate for the replacement of non-Ultra Low Flush toilets High Efficiency Residential ULFT with High Efficiency (pressure-assisted 1- Ultra Low Flow Replacement gallon per flush) and Dual-Flush toilets. Program 4 BMP9 Residential I Program provides free site evaluations to Commercial assist property owners in better managing Industrial, Commercial, their water use and improve their irrigation and Institutional efficiency. Sites must have at least an acre of ITAP Conservation irrigated landscape to participate. Program 5 BMP9 Commercial Program provides full service toilet replacement program to high end use Industrial, Commercial, commercial facilities such as restaurants, Commercial ULFT and Institutional food stores and gas stations. Program Conservation Program 6 BMP9 Commercial Program provides rebates for the purchase of qualifying commercial grade high-efficiency Industrial, Commercial, clothes washers. Commercial Clothes and Institutional Washers Conservation Program 7 BMP9 Commercial Program installs high-efficiency pre-rinse Industrial, Commercial, spray valves to restaurants and kitchens. Pre-Rinse Sprayer and Institutional Program Conservation Program 8 BMP6 Residential Program to provide tiered rebates to residents for purchasing a high-efficiency clothes Residential Clothes High Efficiency Clothes washer. This program is partially funded by Washer Rebate Washers a DWR Prop. 13 grant. Program Program 9 BMP7 Residential I Send CP AU marketing pieces for programs Commercial before mailings are sent to public Public Infonnation Marketing Program Program 10 BMP4 Residential I Program provides dedicated irrigation water Commercial meters for high water users that are currently Dedicated Irrigation Metering with on a mixed-use meter. Meter Program Commodity Rates 04-05 SCVWD programs 1 of 1 ATTACHMENT C Funding AMOUNT SCVWD/CPAU $ 18,780 GrantlSCVWD/CPAU $ 4,000 SCVWD/CPAU $ 2,250 ! SCVWD/CPAU. $ 6,500 SCVWD/CPAU $ 5,000 SCVWD/CPAU $ 4,375 GrantlSCVWD/CP AU $ 10,000 GrantlSCVWD/CP AU $ 29,100 SCVWD/CPAU $ 6,400 GrantlSCVWO/CP AU $ 10,000 TOTAL $ 96,405 ATTACHMENT D Palo Alto / SCVWD Water Conservation Programs -Cost Sharing Amounts APPENDIXB s anta CI ara V II W t D' t 't d ' , t a ey a er IS fie a mIllIS ers: Proposed Palo Alto Annual Estimated Program Program Number to be Cost-Per Palo Alto Total Savings per Designation Description Accomplished Measure Program Cost Program Cost . Measure1 Per Year $50-Audit $50 per l'vlFD Pre 1980: Water-Wise $15,000 audit, $55 per SFD 8672 gal/yr Program 1 House Call 300 $315 -Monthly audit, and Program Administration $3,780 $6,250/month in Post 1980: admin fees 3276 gal/yr ET Resi: .348 Per ET Controller AFlYear ET Controllers 40 $100 $4,000 Installed: ET Small Com: Program 2 Residential $260 1.75 AFlYear Commercial $640 ET Large Com: 3.98 AFlYear HETSF: 22.7 High Efficient $125 perRET GPD Per Toilet Program 3 30 $75 $2,250 HETMF: Toilets (RET) installed 43 GPD Per Toilet Irrigation Tech $650 -$850 per Potential savings Program 4 Assistance 10 $650 $6,500 of up to 800 Program (ITAP) survey ccflacre/year \ Commercial Ultra -$450 per -45 gpdper Program 5 Low Flow Toilet 25 $225 $5,000 installation ULFT for targeted (ULFT) Program market segments Commercial $300 per rebate -32,000 Program 6 Washing Machine 25 $175 $4,375 ($175 CPA + $125 gals/machine/yr Rebate Program SCVWD), also promotional and admin costs 1 Estimated savings per measure based on the average of2.64 persons per occupied U.S. household Page 10f2 ATTACHMENT D Palo Alto / SCVWD Water Conservation Programs -Cost Sharing Amounts APPENDIXB S t Cl an a ara V II W t D' t ' t d ' , t a ey a er IS rIC a mInIS ers: Proposed Palo Alto Annual Estimated Program Program Number to be Cost-Per Palo Alto Total Savings per Designation Description Accomplished Measure Program Cost Program Cost Measure1 Per Year $42 for sprayer, -200 gpdfor Program 7 Pre-rinse spray 200 $50 $10,000 $30 for install (wi each sprayer, + 2 valve installation current plumber contract) theffilS/day $175 & $250 per rebate Tier 1: $58.33 Tier 1: $58.33 Residential Tier 2: $83.33 CPAU + $116.66 6,450 gallons per Program 8 Clothes Washer 330 $28,200 SCVWD/GRANT washer per year Rebate Program $ 150/month saved admin fees $900 Tier 2: $83.33 CPAU + $166.66 SCVWD/GRANT, plus admin fees Marketing and , Program 9 Outreach $6,400 Per meter approx. $10,000 cost $1,000 (depending on # of meters installed) P A will invoice Dedicated SCVWD for cost Estimated cost (PA will get Program 10 Irrigation Water 10 of meter only. PA ~$10,000 (cost of reimbursed by ~ 15% water will cover cost of meters only; # of SCVWD for cost savings Meters installation for meters may vary) of meters only. PA fIrst 10 sites and will pay for submit in-kind $10,000 installation costs of costs to the 151 10 meters SCVWD. installed) TOTAL $96,405 Page 20f2 Contract No. E67018 TABLE OF CONTENTS CONTRACT SPECIAL PROVISIONS Section 1. Purpose 'of Grant ......... I •••• ~.......................................•••••••••••••••••••••••••••• 1 2. Incorporation of Standard Conditions, Security Requirements, Plans and Specifications, and Local Agency Commitments ......................... 1 3. Estimate of Project Cost ........................................................................ 1 4. Grant Amount ................................................... ;.................................. 1 5. Local Agency's Cost ............................................................................. 1 6. Requirements for Disbursement ........................... .............................. ..... 2 7. Operation and Maintenance of Construction Project................................... 2 8. Relationship of Parties Hereto..................... .................... ........................ 2 9. Permits, Licenses and Legal Obligations ................................................... 2 10. Local Agency's Responsibility for Work Required Under the Contract and Submission of Progress Reports... ...... ........... ........ 2 11. Project Officials and Notices............... .......................... ............ ....... ....... 3 EXHIBIT A GRANT CONTRACT STANDARD CONDITIONS A-1. Definitions........................................................................................... A 1 A-2. Term of Contract .. .,.......... ........................ ......... .................................... A 1 E67 (Rev 8/02) Contract No. E67018 TABLE OF CONTENTS (continued) Article A-3.· Basic Conditions Precedent...................................... .............................. A 1 A-4. Grant Disbursement') by State......... ............................................. .......... A2 (a) Cost Statements........................................................................... A2 (b) Disbursenlent ............................................................... :................ A3 A-5. Withholding of Grant Disbursements by State .................. ......................... A3 (a) Conditions for Withholding ..................................................... ,....... A3 (b) Additional Conditions for Withholding...... ........................................ A3 (c) Withholding Entire Grant Commitment ............ ............... ...... ............ A3 (d) Withholding Balance of Grant' Commitment....................................... A3 A-6. Timing and Manner of Project Undertaking .............................. ................. A3 (a) Project Completion Date................................................................ A3 (b) Project Undertaking Pursuant to Contract.. ...................... ...... ........... A3 (c) Determination of Project Completion................................................ A4 (d) Competitive Bidding of Contracts and Procurements.......................... A4 (e) Final Inspection and Certification of Registered Civil Engineer.............. A4 (f) Sign Referring to Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Act Financing................................................. A4 (g) Acknowledgement of Credit (Non Construction Projects)......... ........... .A4 (h) Audit Requirement........................................................................ A4 A-7. Accounting and Deposit of Grant Proceeds .......................................... :... A4 (a) Separate Accounting of Grant Proceeds and Interest Records.............. A4 (0) Disposition of Money Disbursed....................................... ................ A5 (c) Remittance of Unexpended Funds ......................... :........................ A5 (d) Interim and Final Audits....... ...... ............. ........... ................. ........... A5 A-B. Reports on Expenditures and Project Completion .......... .................. .......... A5 A-9. Inspections of Project by State............................................................... A5 A-l0. Prohibition Against Disposal of Project Without State Permission....... .......... A5 A-ll . Nondiscrimination Clause .................................................. :.................... A5 A-12. Worker's Compensation Clause ............................ ........... ....................... A6 A-13. Successors and Assigns ........................................................................ A6 ii E67 (Rev 8i02) TABLE OF CONTENTS (continued) EXHIBIT B GRANT CONTRACT SECURITY REQUIREMENTS Contract No. E670i 8 8-1. Performance and Assurances......................................................................... B 1 8-2. Default Provisions......................................................................................... B 1 E67 (Rev 8/02) EXHIBIT C PROJECT DESCRIPTION IV STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES CONTRACT BETWEEN STATE OF CALIFORNIA D!=PARTMENT OF WATER RESOURCES AND SANTA CLARA VALLEY WATER DISTRICT' Contract No. E67018 UNDER THE SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT URBAN WATER CONSERVATION PROGRAM (Water Code Section 79150 et. seq.) THIS CONTRACT, entered into by and between the State of California, acting by and through its Department of Water Resources, herein referred to as the "State" and the Santa Clara Valley Water District, a local agency as defined by Water Code Section 79151 (f), in the County of Santa Clara ,State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Local Agency", which parties do hereby agree as follows: CONTRACT SPECIAL PROVISIONS SECTION 1. PURPOSE OF GRANT This Grant is made by the State to the Local Agency to assist in financing an Urban Water Conservation Project pursuant to Chapter 8 (commencing with Section 79150) of Division 26 of the California Water Code. Grant funds may be used oniy as provided in this contract for such .Eligible Project Costs as set forth in the Project Description, a copy of which is incorporated herein and attached as Exhibit C, approved by the State and revisions thereof. The project shall be defined further by detailed plans and specifications. SECTION 2. INCORPORATION OF STANDARD CONDITIONS, SECURITY REQUIREMENTS, AND LOCAL AGENCY COMMITMENTS This Contract incorporates Exhibit A, "Grant Contract Standard Conditions" (hereinafter referred to as '~Standard Conditions"); Exhibit B, "Grant Contract Security Requirements"; Exhibit C "Project Description"; and any attachments thereto. The Local Agency accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Contract, including all incorporated docwments, and to fulfill all assurances, declarations, representations and statements made by the Local Agency in the application, documents, amendments and communications filed in support of its request for Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act financing. SECTION 3. ESTIMATE OF PROJECT COST The reasonable cost of the Project is estimated to be $202,155 SECTION·4. GRANT AMOUNT Pursuant to the California Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act and subject to the availability of funds, the State will grant to the Local Agency in accordance with the terms of this Contract an amount not to exceed $100,000 SECTION 5. LOCAL AGENCY'S COST The Local Agency agrees to fund the difference, if any, between the estimate of the Project Cost (Section 3) and the Grant Amount (Section 4). Said Local Agency's costs are estimated to be $102.155 , and shall be expended prior to the disbursement of State Grant funds. E67 (Rev 8/02) -1 Contract No. E67018 SECTION 6. REQUIREMENTS FOR DISBURSEMENT The Local Agency shall by June 30. 2004 ,meet all conditions precedent to the disbursement of money under this Contract, including Basic Conditions Precedent under Article A-3 of the ,Standard Conditions. Failure by Local Agency to comply by this date may, atthe option of the State, result in termination of the Contract under Article A-5 of the Standard Conditions. SECTION 7. OPERATION AND MAINTENANCE OF CONSTRUCTION PROJECT For a period of ..1!L years after completion, which is the reasonable life expectancy of the Project, in consideration of the Grant made by the State, the Local Agency agrees to expeditiously commence and to continue operation of the Project and shall cause the Project to be operated in an efficient and economical manner; shall provide for all repairs, renewals, .and replacements necessary to the efficient operation of the same; and shall cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. Refusal of the Local Agency to operate and maintain the project in accordance with this provision may, at the option of the State, be considered a material breach of Contract and may be treated as default under Article B-2 of Exhibit B. . SECTION 8. RELATIONSHIP OF PARTIES HERETO The Local Agency, its contractors, subcontractors, and their respective agents and employees required for performing any work under this Contract shall act in an independent capacity and not as officers, employees, or agents of the State. The Local Agency is solely responsible for planning and implementation of the Project. Review or approval of plans, specifications, bid documents or other construction documents by the State is solely for the purpose of proper administration of Grant funds by the State and shall not be deemed to relieve or restrict the Local Agency's :responsibility. SECTION 9. PERMITS, LICENSES, APPROVALS AND LEGAL OBLIGATIONS The Local Agency shall be responsible for obtaining any and all permits, licenses arid approvals required for performing any work under. this Contract, including those necessary for planning and implementing the Project. The Local Agency shall be responsible for observing and complying with any applicable federal, State and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, 'procurement and safety laws, rules, regulations and ordinances. SECTION 10. LOCAL AGENCY'S RESPONSIBILITY FOR WORK REQUIRED UNDER THE CONTRACT AND SUBMISSION OF PROGRESS REPORTS The Local Agency shall submit quarterly progress reports on the status of the project to the Department of Water Resources. The submittal of these reports is a requirement for continued disbursement of State funds .. Progress reports shall summarize the work completed during the reporting period, include 3 statement ofprogress toward completion compared to the project schedule, and provide a comparison of costs to date compared to the approved scope of work and project budget. The Local Agency shall be responsible for work and for persons or entities engaged in work, including, but not limited to, subcontractors, suppliers and providers of services. The Local Agency shall give personal supervision to any work required under this Contract or employ a competent representative, satisfactory to the State, with the authority to .act for the Local Agency. The Local Agency or its authorized representative shall be present while work is in progress. The Local Agency shall gjve attention to fulfillmeht of the Contract and completion of the Project, and shall keep work under control. The Local Agency shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to bid disputes and payment disputes with the Locai Agency's contractors and subcontractors. The State will not mediate disputes between the Local Agency and any other entity concerning responsibility for performance of work. E67 (RAY 8/02) -2- Contract No. E67018 SECTION 11. PROJECT OFFICIALS AND NOTICES The State Project Manager shall be the Chief, Division of Planning and Local Assistance, Department of Water Resources. The State Project Manager shall be the State's representative and shall have the authority to make determination and findings with respect to each controversy arising under orin. connection with the interpretation, performance, or payment for work performed under the Contract. Disputes shall be resolved in accordance with Article 28 of Exhibit A. The Local Agency Project Director shall be Chief Executive Officer . The Local Agency Project Director shall be the Agency's representative for the administration of the Contract and shall have full awthority to act on behalf of the Agency, including authority to execute all payment requests. All communications given to the Project Director shall be as binding as if given to the Local Agency. sent to: Either party may change its Project Manager or Director upon written notice to the other party. Notices required to be given to the State in writing by the Local Agency under this Cqntract shall generally be State of California Department of Water Resources Division of Planning and Local Assistance Attention: Program Manager Water Conservation Bond Law Programs Post Office Box 942836 Sacramento, California 94236-0001 Notices required to be given to the Local Agency in writing by the State under this Contract shall be sent to: Chief Executive Officer (R epresentative) Santa Clara Valley Water District (Agency Name) 5750 Almaden Expressway (Mailing Address) San Jose, California 95118 (City, State, Zip Code) A change of address for delivery or notice may be made by either party by written notice of such change of address to the other party. All such notices shall be enciu:5eci ill a jJroperly addresseci, lJostagl:l prepaid envelope and deposited ir, 0 ~i1it.:;.j States Post Office for delivery by registered or certified mail. \ E67 (Rev 8/02) -3· ARTICLE A-i. DEFINITiONS EXHIBIT A STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES GRANT CONTRACT STANDARD CONDITIONS Contract No. E67018 Whenever in this Contract the following terms are used, their meaning shall be as follows: Days: Calendar days unless otherwise expressly indicated. Months: Calen'dar months unless otherwise expressly indicated. Years: Calendar years unless otherwise expressly indicated. Local Agency: Any city, county, city and county, special district, joint powers authority, or other political subdivision of the State or a mutual water company that is a nonprofit corporation, organized for, or engaged in the business of, developing, distributing, supplying, or delivering water for irrigation or domestic use, or both, to its members or shareholders, at actual cost plus necessary expenses. Project: A project for the completion of an Urban Water Conservation project under the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act, Urban Water Conservation Program. A Project may include all work and facilities, not including construction equipment, for the completion of an Urban Water Conservation project proposed by the Local Agency pursuant to the plans and specifications which describe the plan of the Project as submitted to the State and all addenda and changes to the foregoing documents approved by the State. Eligible Project Costs: Reasonable and necessary costs associated with an eligible project including, but not limited to,tl1e engineering, legal and administrative fees, land and easement acquisition, environmental documentation, environmental mitigation, and construction costs associated with the Project. Eligible costs may also include those reasonable and necessary costs incurred by the applicant to prepare the application and establish eligibility prior to or after the effective date of this Contract. Examples of ineligible costs include, but may not be limited to, the following: (a) Operation and maintenance costs. (b) Costs for purchase of movable equipment not an integral part of the project. (c) Payment of principal or interest of existing indebtedness or any interest payment unless: (1) The State agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred; and' . (2) The purposes for which the debt is incurred are other,,, .. ise Eligible Project Costs. (d) Establishing a reserve fund. (e) Purchase of water supply for the project. , Grant Commitment: The maximum sum of money that the State agrees to provide to t~e Local Agency under this Contract that will not have to be repaid, up to a maximum of $5,000,000. ARTICLE A-2. TERM OF CONTRACT SubjeCt to the provisions of Article A-3, this Contract shall become effective on the date of its execution and shall remain in effect until the Project is determined to be complete by the State. ARTICLE A-3. BASIC CONDITIONS PRECEDENT The State sha!1 have no obligation to disburse money under this Contract unless and until the Local Agency has satisfied the State that the disbursement is in accordance with requirements of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act which include: E67 (Rev S/OL.) -A 1- Contract No. E67018 (a) The Local Agency provides a copy of a resolution adopted by its governing body, accepting the Grant and designating a representative to execute the Contract and to sign the requests for disbursement. (b) The Local Agency demonstrates to the State's satisfaction the proposed Project financing has the support of a majority of the affected community by holding either an election or a widely publicized public meeting; or by any other suitable, lawful method of determining community support, at which public comments and questions are received and answered. If the Local Agency_determines that an . election is not required by law prior to the Local Agency's execution of this grant Contract, it shall transmit to the State an acceptable legal opinion frbm the Local Agency's counsel stating that no election is legally required, and stating the legal basis for the Local Agency's determination. (c) The Local Agency demonstrates the availability of sufficient funds to complete the Project. (d) The Local Agency demonstrates to the satisfaction of the State that all other sources of funds for the Project have been utilized. (e) The Local Agency demonstrates to the State's satisfaction that the Local Agency has sufficient water available at all times and a right to use the water required to operate the Project. (f) The Local Agency submits an initial budget of Eligible Project Costs on a form provided by and approved by the State. The Local Agency shall obtain written approval of changes to the budget from the State before any substantive changes are made, and shall thereafter provide to the State a copy of the revised budget. .. {g) The Local Agency submits to the State final plans and specifications certified by a California Registered Civil Engineer, or equivalent documentation as to compliance with the approved Project as defined in Section 1. (h) The Local Agency submits a written statement by an authorized representative that it has obtained all necessary permits, easements, rights-of-way and approvals as may be required by other state, federal, and/or local agencies, as specified in Section 9 of this Contract. (i) The Local Agency demonstrates that it has complied with all applicable reqUirements of the California Environmental Quality Act and the National Environmental Policy Act by submitting copies of any environmental documents, including environmental impact reports, environmental impact statements, negative declarations, mitigation agreements and environmental permits as may be required prior to beginning the Project. U) The Local Agency submits timely periodic progress reports as requirf'ld by Section 10 of tl1is Contract. ARTICLE A-4. GRANT DISBURSEMENTS BY STATE (a) Cost Statements After the Basic Conditions Precedent in Article A-3 are met, the State will disburse the whole or portions of the Grant commitment to the Local Agency following receipt from the Local Agency of a statement or statements of incurred Eligible Project Costs, reviewed by a Registered Civil Engineer, on forms provided by the State, and timely progress reports as required by Section 10 of this Contract. Requests for Grant funds shall be filed quarterly or for such periods as the State and the Local Agency may mutually agree. The Local Agency shall provide the following information: (1) A statement of the incurred Eligible Project Costs for work performed under the Contract during the period identified in the particular statement. E67 (Rev 8/02) -A2- Contract No. E67018 (2) A statement of the cost of any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular statement for the implementation of the Project. (3) A statement of other Eligible Project Costs which have been incurred .for the Project during the period identified in the particular statement, including, but not limited to, fegal, engineering, and administrative fees associated with implementation, and preparation of the application, and establishing eligibility. After the Project has been completed or terminated, the Local Agency shall furnish to the State, within 60 days, a final statement of incurred Eligible Project Costs. (b) Disbursement Following the review of each statement of costs, the State will disburse to the Local Agency the amount approved, subject to the availability of funds. Any and all money disbursed to the Local Agency under this Contract and any and all interest earned by the Local Agency on such money shall be used solely to pay Eligible Project Costs. ' ARTICLE A-5. WITHHOLDING OF GRANT DISBURSEMENTS BY STATE (a) Conditions for Withholding The State shall withhold ~ percent (10.0%) of the funds requested by the Local Agency for reimbursement of eligible project costs until the Project is completed and the certification of a Registered Civil Engineer, required by Article A-6(e) of this Contract, is accepted by the State. ' ,(b) Additional Conditions for Withholding 'If the State determines that the Project is not being completed substantially in accordance with the provisions of this Contract, or that the Local Agency has failed in any other respect to comply substantially with the provisions of this Contract, and if the Local Agency does not remedy any such failure to the State's satisfaction, the State may withhold from the Local Agency all or any portion of the Grant commitment and take any other action that it deems necessary to protect its interests. (c) Withholding Entire Grant Commitment If the State notifies the Local Agency of its decision to withhold all of the Grant commitment from the Local Agency pursuant to Subdivision (b) of this Article, this Contract shall terminate upon receipt of such notice by the Local Agency and shall no longer be binding on either party. (d) Withholding Balance of Grant Commitment Where a portion of the Grant commitment has been disbursed to the Local Agency and the State notifies the Local Agency of its decision to withhold the balance of the Grant commitment pursuant to Subdivision (b) of this Article, the portion that has been disbursed shall thereafter be repaid immediately with interest, as directed by the State. Refusal of the Local Agency to so repay may, at the option of the State, be considered a material breach of contract and may be'treated as default under Article B-2 of Exhibit B. ARTICLE A-6. TIMING AND MANNER OF PROJECT UNDERTAKING (a) Project Completion Date The Local Agency shall expeditiously undertake implementation of the Project and shall complete it not later than June 30, 2005 . (b) Project Undertaking Pursuant to Contract The Project shall be undertaken in strict accordance with this Contract. E67 (Rev 8/02) -A3- Contract No. E67018 (c) Determination of Project Completion For the purposes of this Contract, the Project shall be considered to be completed or to be terminated when so determined by the State. (d) Competitive Bidding of Contracts and Procurements AnycontrC1ct let for the construction of the Project, or any part thereof, which is in excess of $20,000, or which is greater than any smaller amount for which competitive bids are required under the enabling authority of the Local Agency, shall be let by competitive bid procedures which assure award of the contract to the lowest responsible bidder, except as may be otherwise authorized in writing by the State. Requests for approval of .waiver of competitive bidding, for award of contract to other than the low bidder, or for an agency to proceed on the basis of force account or day labor, or for any other procedure which deviates from the principle of competitive bidding shall be submitted to the State before the procedure is implemented. The State's approval of the procedure will be based on compliance with applicable laws and policies. The State expressly reserves the right to approve or disapprove of such requests. Procurement of necessary supplies or equipment shall also be undertaken in such a manner as to encourage fair and competitive treatment of potential· suppliers. (e) Fi.nal Inspection and Certification of Registered Civil Engineer (Construction Projects) Upon completion of the Project the Local Agency shall provide for a final inspection and certification by a Califomia Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Contract. The Local Agency shall notify the Division of Planning and Local Assistance of the Department of Water Resources of the inspection date at least 1·0 days prior to the inspection in order to provide the State the opportunity to participate in the inspection. (f) Sign Referring to Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act Financing ( Construction Projects) During construction of the Project, the Local Agency shall install a sign at a prominent location which shall include a statement that the Project is financed under the Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Act, Urban Water Conservation Program, administered by the State of California, Department of Water Resources. The sign shall be erected before Grant funds are disbursed. The Local Agency shall notify the State that the sign has been erected by providing them with a site map with the sign location noted and a photograph of the sign. (g) Acknowledgement of Credit (Non Construction Projects) The Local Agency shall include appropriate acknowledgement of credit to the State and to all cost-sharing partners for their support when promoting the Project or using any data and/or information developed under the Contract. (h) Audit Requirement Pursuant to Government Code Section 8546.7, the contracting parties shall be subject to the examination and audit of the State for a period of three years after final payment under this Contract with respect to all matters connected with this Contract, including but not limited to, the cost of administering this Contract. All records of the Local Agency or subcontractors shall be preserved for this purpose for at least three (3) years after Project completion. ARTICLE A-7. ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENTS (a) Separate Accounting of Grant Disbursements and Interest Records The Local Agency shall account for the money disbursed pursuant to this Contract separately from all other Local Agency's funds. The Local Agency shall maintain audit and accounting procedures that are in accordance E67 (Rev 8/0:?) -A4- Comract No. E67018 with generally accepted accounting principles and practices, consistently applied. The Loca! Agency shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds .. The Local Agency shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are / subject to inspection by the State at any and all reasonable times. (b) Disposition of Monev Disbursed All money disbursed pursuant. to this Contract shall be deposited, administered, and accounted for pursuant to the provisions of applicable law. (c) Remittance of Unexpended Funds The Local Agency, within a period of thirty (30) days from the final disbursement from the State to the Local Agency of grant funds, shall remit to the State any unexpended funds that were disbursed to the Local Agency under this Contract and were not needed to pay Eligible Project Costs. . (d) Interim and Final Audits The State reserves the right to conduct an audit at any time between the execution of this Contract and the completion of the Project, with the costs of such audit borne by the State. After completion of the Project, the State may require the Local Agency to conduct a final audit, at the Local Agency's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by the Local Agency to comply with this provision shall be considered a substantial failure to comply with this Contract, and the State may elect to pursue any remedies provided in Article A-5 or take any other action it deems necessary to protect its interests . . 4RTICLE A-B. REPORTS ON EXPENDITURE AND PROJECT COMPLETION During the planning and implementation phases of the Project, the Local Agency agrees to provide to the State an annual summary of the information required by Articles A-4 and A-7. Within 60 days ·of project completion, the Local Agency shall submit a final progress report on project completion and expenditures for the State's review and comment. The report shall be modified to incorporate the State's comments, if any, and resubmitted within 60 days of the Local Agency's receipt of the State's comments. ARTICLE A-g. INSPECTIONS OF PROJECT BY STATE The State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Contract. This right shall extend to any subcontracts, and the Local Agency shall include provisions ensuring such access in 811 its contracts or subcontracts entered into pursuant to its Contract with the State. ARTICLE A-i0. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION The Local Agency shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with the Local Agency's service of water, without prior permission of the State. The Local Agency shall not take any action, including but not limited to actions relating to user fees, charges and assessments, that could adversely affect the ability of the Local Agency to make timely payments or to otherwise meet its obligations under this Contract, without prior written permission of the State. The State may require that the proceeds from the disposition of any real or personal property be remitted to the State to be applied to the Local Agency's indebtedness under this Contract. ARTICLE A-ii. NONDISCRIMINATION CLAUSE During the performance of this contract, the Local Agency, its contractors and subcontractors shall not deny the Contract's benefits to any person on the basis of religion, color, ethnic group identification, se):, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because E67 (R8V 8/02) -A5- Contract No. E67018 of race, religion, color, national origin, ancestry, physical handicap, mental disability: medical condition, marital status, age, or sex. The Local Agency shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The Local Agency, its contractors a'nd subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (Califomia Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (GovernmentCode, Sections 11135-11139.5) and the regulations or standards adopted by the awarding State Agency to implement such article. The Local Agency, its contractors and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Local Agency shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Contract. The Local Agency's signature on this contract shall constitute a certification under the penalty of perjury under the laws of the State of California that the Local Agency has, unless exempted, complied with the nondiscrimination program requirements of Government Code, Section 12990, and Title 2, California Code of Regulations, Section 8103. ARTICLE A-12. WORKERS' COMPENSATION CLAUSE The Local Agency affirms that it is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and the Local Agency affirms that it will comply with ,such provisions before commencing the performance of the work under this Contract and will make its contractors and subcontractors aware of this provision. ARTICLE A-13. SUCSESSORS AND ASSIGNS This Contract and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. No assignment or transfer of this Contract or any part hereof, rights hereunder, or interest herein by the Local Agency shall be valid unless and until it is approved by the State and made subject to such reasonable terms ',and conditions as the State may impose. ARTICLE A-14. STATE TO BE HELD HARMLESS The Local Agency agrees to indemni1)t the State and its officers, agents, and employees against and to hold the same free and harmless from any and all claims, demands, damages, losses, costs, expenses, or liability due or incident to, either in whole or in part, and whether directly or indirectly, ariSing out of the Project. ARTICLE A-15. REMEDIES NOT ~XCLUSIVE The use by either party of any remedy specified herein for the enforcement of this Contract is not exclusive and shall not deprive the party using such remedy of, or limits the application of, any other remedy provided by law. ARTICLE A-16. AMENDMENTS This Contract may be amended at any time by mutual agreement of the parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Local Agency for amendments must be in writing stating the amendment request and the reason for the request. ART,ICLE A-17. OPINIONS AND DETERMINATIONS Where the terms ot this Contract provide for action to be based upon opinion, judgement, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgement, approval, review, or determination to .be arbitrary, capricious, or unreasonable. E67 (Rev 8/02) -AG- Contract No. E67018 ARTICLE 1\.-18. CONTRACTING OFFICER OF THE STATE The contracting officer of the State shall be the Director of the Department of Water Resources of the State of California and his successors, or their duly authorized representatives. The contracting officer shall be responsible for all discretionary acts, opinions, judgElments, approvals, reviews, and determinations required by the State under the terms of this Contract. ARTICLE A-19. WAIVER OF RIGHTS None of the provisions of this Contract shall be deemed waived unless expressly waived in writing. It is the intention of the parties hereto that from time to time either party may waive any of its rights under this Contract unless contrary to law. Any waiver by either party hereto of rights arising in connection with this Contract shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. ARTICLE A-20. NOTICES All notices that. are required either expressly or by implications to be given by one party to the other under this Contract shall be signed for the State by its contracting officer and for the Local Agency by such officers, as from time to time, it may authorize in writing to so act. All such notices shall be deemed to have been given if delivered personally or if enclosed in a properly addressed postage-prepaid envelope and deposited in.a United States Post Office for delivery by registered or certified mail. ARTICLE A-21. INSPECTION OF BOOKS, RECORDS, AND REPORTS During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Contract or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Contract. Failure or refusal by the Local Agency to comply with this provision shall be considered a sUbstantial failure to comply with this Contract, and the State may withhold disbursements to the Local Agency or take any other action it deems necessary to protect its interests, as provided in Article B-2. ARTICLE A-22. SUIT ON CONTRACT Each of the parties hereto may sue and be sued with .respect to this Contract. .ARTICLE A-23. CLAIMS DISPUTE CLAUSE Any claim that the Local Agency may have regarding the performance of this. agreement including, but not limited to. claims for additional compensation or extension of time, shall be submitted to the Director, Department of Water Resources, within thirty (30) days of the Local Agency's knowledge of the claim. If this attempt fails, the next step shall be resolution of the claim through non-binding mediation. If this second step fails, both parties shall have the opportunity to exercise their rights under Article A-22 of this Contract. Once a resolution is reached, its terms may be implemented through an amendment to this Contract. ARTICLE A-24. DOCUMENTATION OF PROJECT BENEFITS AND COSTS (a) Actual Water Savings After project completion tile Local Agency shall revise the estimate of water savings based on records for the first operational year and, within 90 days after the first operational year has elapsed, report these findings to the Department of Water Resources, Division of Planning and Local Assistance. This recording and reporting process shall be subsequently repeated for a total of five consecutive operational years. Estimates shall include total annual water savings and net annual water savings. This report shall include a description of how the water produced by the project is being used. E67 (Rev 8/02; -A7- Contract No. E67018 (b) Other Benefits and Costs The Local Agency shail, after the first operational year has elapsed report any other benefits (other than water savings) and any additional costs resulting from the project, to the Department of Water Resources, Division of Plannif]g and Local Assistance. ARTICLE A-25. DRUG-FREE WORKPLACE CERTIFICATION (a) Certification of Compliance By signing this Contract, the Local Agency, its contractors (')r subcontractors hereby certify under penalty of perjury under the laws of the State of California compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: '(1) Publish a statement notifying employees, contractors and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors or subcontractors for violations, as required by Government Code Section 8355(a). . (2) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(b) to inform employees, contractors and subcontractors about all of the .following: (a) The dangers of drug abuse in the workplace, (b) The Local Agency's poli~y of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees, contractors or subcontractors for drug abuse violations. (3) Provide, as required.by Government Code'Section 8355(c), that every employee, contractor and subcontractor who works under this Contract: (a) Will receive a copy of the Local Agency's drug-free policy statement, and (b) Will 8gree to abide by terms of the Local Agency's condition of employment, contract or subcontract. (b) Suspension of Payments This contract or grant may be subject to suspension of payments or termination, or both, and the Local Agency may be subject to debarment if the Department determines that: (1) The Local Agency, its contractors or subcontractors have made a false certification, or; (2) The Local Agency, its contractors or subcontractors violates the certification by failing to carry out the requirements noted above. ARTICLE A-26. AMERICANS WITH DISABILITIES ACT By signing this Contract, contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. ARTICLE A-27. CONFLICT OF INTEREST (a) Current State Employees (1) No State officer or employee shall engage in any employment, activity or enterprise'from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agE?ncy, unless the employment, activity or enterprise is required as a condition of regular State employment. E67 (Rev 8/02) ·A8- Contract No. E67018 (2) No State officer or e::mployee shall contract on his or her own behalf.as an independent contractor with any State agency to provide goods or services. (b) Former State Employees (1) For the two years period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision.making process relevant to the contract while employed in any capacity by any State agency. (2) For the twelve-month period .from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. ARTICLE A-28. NO THIRD PARTY RIGHTS The. parties to this Contract do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Contract, or of any duty, convenant, obligation or undertaking established herein. ARTICLE A-29. SEVf.:RABILITY Should any portion of this Contract be determined to be void or unenforceable, such shall be severed from the whole and the Contract shall continue as modified. ARTICLE A-30. TERMINATION The State may terminate this Contract under Article 8-2 of Exhibit B. E67 (Rev 8/02.) -A9- Contact No. E67018 EXHIBIT 8 GRANT CONTRACT SECURITY REQUIREMENTS ARTICLE 8-1. PERFORMANCE AND ASSURANCES Local Agency agrees to faithfully and expeditiously perform or cause to be performed all Project work as described in the final plans and specifications as submitted or as later amended and approved by the State under this Contract and to apply State funds received only to Eligible Project Costs and to operate and maintain the Project in accordance with applicable provisions of the law. In the event the State finds it necessary to enforce this provision or any right or power under this Contract in the manner provided by law, Local Agency agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs. ARTICLE 8-2. DEFAULT PROVISIONS (a) The Local Agency will be in default under this agreement if any of the following occur: (1) Substantial breach of this Contract, or any supplement or amendment to it, or any other agreement between the Local Agency and the State evidencing or securing the Local Agency's obligations; (2) Making any false warranty, representation, or statement with respect to this Contract; (3) Failure to make any remittance required by this Contract. (b) Should an event of default occur, the State may do any or all of the following: (1) Demand the Grant be immediately repaid, with interest, which shall be equal to the State of California general iobligation bond interest rate in effect at the time of the default; (2) Terminate any obligation to make future payments to the Local Agency; .' (3) Terminate the Contract; and (4) Take any other action that it deems necessary to protect its interests. . I (c) The Local Agency agrees that any remedy provided in this Contract is in addition to and not in derogation of any other legal or equitable remedy available to the State as a result of a breach of this Contract by the Local Agency, whether such breach occurs before or after completion of the Project. (d) No waiver by the State of any breach or default will be a waiver of any breach or default occurring later. A waiver will be valid only if signed by the State or its authorized agent. E67 (Rev 8/02) -81- EXHIBIT C PROJECT DESCRIPTION SANTA CLARA VALLEY WATER DISTRICT DEDICATED LANDSCAPE METER PROGRAM Project Description Contract No. E67018 The project consists of covering the capital costs of 200 dedicated landscape meters at sites that are currently mixed-use metered. The cities of Palo Alto and Mountain View will pay for the installation costs of ten sites in each of their service areas. The remaining dedicated meter installation costs will be paid for by the participating customers. Scope of Work Task 1: Identify mixed.,use meter sites with high water savings potential. Task 2: Program Notice and Recruitment Task 3: Conduct meter installation. Task 4: Coordination, administration, monitoring, evaluation and reporting. All work will be completed by the retail agency staff (cities of Palo Alto and Mountain View) with assistance from the District. Economic Justification The project meets the cost-effectiveness criterion, with a benefit-to-cost ratio of 7.1. Project Location The Dedicated Landscape Meter Project is located in Santa Clara County in the cities of Palo Alto and Mountain View. -C1. GUIDELINES FOR REQUESTING DWR CONTRACT AMENDMENTS Address your request to: Linda Buchanan Herzberg Department of Water Resources Division of Planning and Local Assistance Post Office Box 942836 Sacramento, California 94236-0001 Identify the Contract as follows: Contract Number -EXXXXX Original Funding Amount -$ ______ _ Current Funding Amount -$ ______ _ All Previous Amendments: A-_, dated _____ _ Purpose _____ _ Identify all contract provisions affected by the amendment request: Contract Section/Article Description of requested change: _____________ _ Contract Section/Article Description of requested change: _____________ _ In narrative indicate the type of change being requested: Level of State funding Total Project Cost Time Frames (dates) Project Scope Any combination of the above In addition, describe the circumstances that necessitate the changes and provide full justification for each item of change. Also describe any alternatives considered and indicate why they are not feasible. If the change will be for either the total project cost or level of State funding, attach a.revised Budget and Expenditure Summary. To request this form, please contact your DWR contract analyst. GUIDELINES FOR REQUESTING DWR CONTRACT AMENDMENTS TO: Funding Recipients -The Water Conservation, Groundwater Management, and Local Water Supply Programs You have signed a contract for funding with the State of California, Department of Water Resources under the Water Conservation, Groundwater Management, and Local Water Supply Programs. Your DWR contract reflects your estimated total project or study costs, the amount of State funding, the date for completion of disbursement requirements, and the date for completion of the project or study. The project or study elements eligible for funding have been defined in DWR's wri.tten technical certification and are included as Exhibit C to your contract. Unanticipated circumstances or events may impact the scope and terms of your DWR contract, and may require amendment of the contract. It is your agency's sole responsibility to be aware of critical dates and other variables within your DWR contract, and to monitor the agency's progress in meeting all contract requirements. You must notify DWR staff by telephone at the earliest indicati08 that there may be a need to amend the contract. This verbal notification must be followed with a formal written request for amendment of the contract. Your request must identify the contract terms that need amendment and include a full justification. You must also identify any elements of the approved project or study that are expected to change, and discuss any alternative measures considered. Your request to amend the contract must be timely to allow DWR staff at least 60 days lead time for consideration of its approval. Please follow the guidelines on the reverse in drafting your amendment request. Once DWR receives your agency's written amendment request, we will evaluate it for approval or denial. If it is approved, DWR will issue a contract amendment. When both DWR and your agency sign the amendment, it will be attached to and incorporated into your executed contract. If you are requesting an increase in State loan funding, you must indicate the source of repayment of the additional loan. The bond laws allow the State to make loan funding available only to the extent an applicant is able to repay. If you have any questions, please contact Linda Buchanan Herzberg at (916) 651-9645. 'state of Cali;', i General ObligaTion Loan and Grant. Proposition: ____________ _ De~ 1t 9f Water Resources Budget ana Expenditure Summary Date: The Resc. 5 Agency Page __ of __ Name of Agency: DWR Contract No: ______ _ Contact Person: Telephone: ------- Periodic Estimate No.: for Period: to ----------------------- Line Allotment Total Prior Current Total Charges ---Alfotme~- Item Allotment Title Amount Claims Charges to Date Balance ,- --- . ; r------- ---- --,-, I -.- -- ---- - --. _. . Subtotal This Page Subtotal Page , Subtotal Page TOTALS I INITIAL SUBMISSION ONLY: Reviewed by Registered Civil Engineer RCE No. Date _____ _ Submit to: Department of Water Resources Post Office Box 942836, Sacramento, CA 94236-0001 DWR 4135 (New 6/87) state of Car 'a o( mt of Water Resources The Re5 ~s Agency General Obh-;:rdtion Loan and Grant Budget anu Expenditure Summary Page __ of __ Date: Proposition: ___________ ,--_ ------- Name of Agency: DWR Contract No: _________ _ Contact Person: ------------------------------------------------Telephone: __________ -- Periodic Estimate No.: for Period: to -------------------------- ~ Line Allotment Total Prior Current Total Charges Allotment ,.. Item Allotment Title Amount Claims Charges to Date Balance ,- ,- " . r---r== -' 1---1---- I- ~-.~ I .-1--. E ... ". Subtotal This Page Subtotal Page , Subtotal Page TOTALS ---_.- INITIAL SUBMISSION ONLY: Reviewed by Registered Civii Engineer RCE No. Date ____ _ Submit to: Depnrtment of Water Resources Post Office Box 942836, Sacramento, CA 94236-0001 DWR 4'135 (New 6/S7) state of Caii l General ObilgCltion Loan and Grant Proposition: ---------------------------- De. nt of Water Resources· Budget anu Expenditure Summary The Resl !S Agency . Page ___ of _. __ Date: -------- Name of Agency: DWR Contract No: _______ _ Contact Person: ------------------------------Telephone: -------- Periodic Estimate No.: for period: to ----------------------------------- Line . Allotment Total Prior Current Total Charges Allotment .. Item Allotmeht Title Amount Claims Charges to Date Balance .- 1--. ,---:-. ~-... . . 1-:· J t- -- -.-" !-L Subtotal This Page Subtotal Page Subtotal Page TOTALS ;i'JITIAL SUBMISSION ONLY: Reviewed by Registered Civil Engineer RCE No. Date Submit to: Department of Water Resources Post Office Box 942836, Sacramento, CA 94236-0001 DWR 4135 (New 6/87) ------- INSTRUCTIONS FOR DWR 4135' A (To be filled out by the Public Agency for periodic payment) \RTA: Public Agency: The name should be identical to the name used in the contract with the Department of Water Resources. Address and Telephone Number: Self-explanatory. DWR Contract Number: The number is on the contract. Periodic Estimate: Submit no more than one estimate per month. PART B: Expenditure Summary Budget Line Item Number: Corresponding to DWR 4135, Budget and Expenditure Summary. Attachment Number: Numerically identify each attachment, corresponding to DWR 4135 C. Description: Identify the material, labor or item being billed. Indicate vendor's name. . Project Expenditure: The totaL dollar amount of the partial payment being requested by the contractor or vendor. State Funds Requested: The dollar amount of the project expenditure being requested this estimate. PART C: Totals 1. Total expenditures and State funds requested from the columns in Part B. 2. Total all prior periodic estimates-DO NOT INCLUDE THIS ESTIMATE. (See Item 3 on previous estimate.) 3. Total ofIterns 1 and 2. 4. Total retention this estimate. 5. Total retention from;il prior periodic estimates-DO NOT INCLUDE THIS ESTIMATE. (See Item 6 on previous estimate.) 6. Total ofIterns 4 and 5. 7. Loan amount from the contract NOT including the administrative fee. 8. Total ofIterns 3 and 6. 9. Funds still available-Item 7 minus Item 8. This amount MUST be equal to or greater than zero. DO NOT WRITE IN THE BLOCKS MARKED "FOR DWR USE". 1f additional space is required, use a second DWR4135 A and identify it in the upper right hand comer. Total ONLY the last DWR 4135 A .. INSTRUCTIONS FOR PARTIAL PAYMENT ESTIMATE, DWR4135 C P ART A: Self-explanatory. PARTB: Contract Item: Unit: Identify each item by its basic description (each, square foot, linear foot, project, etc.). Quantity: The number of units contracted. Unit Price: The price per unit. This Period: Quantity: Number of contracted units this period. Amount: Number of contracted units this period X Unit Price. Total to Date: Quantity: Total units billed including this partial payment. Amount: Total quantity X Unit Price. PARTC: 1. Amount earned: Total of "This Period" and "Total to Date" columns in PartB. 2. Amount retained: Self-explanatory. 3. Previous payments: Self-explanatory. 4. Amount Due: 1 minus 2 and 3. Estimated Percentage and Progress Schedule: Self-explanatory and required on all contractor items. PARTD: Part D, 1, 2, and 3 must be signed . . Part D, 2 is always signed by a registered civil engineer unless otherwise approved in writing by DWR. ·,Part D, 3 is always signed by the Public Agency. All signatures on original set of the estimate must he originai ~ipatures. Additional copies may be made from this set. Please subm the original and four copies of the entire estimate. P:lC;kfl ge tu '':le Dep'U1:lnent rofWater Resources, Bond Financi.'1.g and Administratio P.O. Box 942836, Sacramentc)·CA 942%-(:001. DWR 4135A (Back) (New ('1"7) INSTRUCTIONS FOR DWR 4135 A (To be filled out by the Public Agency for periodic payment) illTA: Public Agency: The name should be identical to the name used in the contract with the Department of Water Resources. Address and Telephone Number: Self-explanatory. DWR Contract Number: The number is on the contract. Periodic Estimate: Submit no more than one estimate per month. PART B: Expenditure Summary Budget Line Item Number: Corresponding to DWR 4135, Budget and Expenditure Summary. Attachment Number: Numerically identify each attachment, corresponding to DWR 4135 C. Description: Identify the material, labor or item being billed. Indicate vendor's name. ' Project Expenditure: The total dollar amount of the partial payment being requested by the contractor or vendor. State Funds Requested: The dollar amount of the project expenditure being requested this estimate. PART C: Totals 1. Total expenditures and State funds requested from the columns in Part B. 2. Total all prior periodic estimates-DO NOT INCLUDE 'THIS ESTIMATE. (See Item 3 on previous estimate.) 3. TotalofItems 1 and 2. 4. Total retention this estimate. 5. Total retention from ail prior periodic estimates-DO NOT INCLUDE THIS ESTIMATE. (See Item 6 on previous estimate.) 6. Total ofItems'4 and 5. ' 7. Loan amount from the contract NOT including the administrative fee. 8. TotalofItems 3 and 6. 9. Funds still available-Item 7 minus Item 8. This amount MUST be equal to or greater than zero. DO NOT WRITE IN THE BLOCKS MARKED "FOR DWR USE". T f additional space is required, use a second DWR 4135 A and identify it in the upper right hand comer. Total ONLY the last DWR 4135 A. INSTRUCTIONS FOR PARTIAL PAYMENT ESTIMATE, DWR4135 C PART A: :Self-explanatory. PARTB: Contract Item: Unit: Identify each item by its basic description (each, square foot, linear foot, project, etc.). Quantity: The number of units contracted. Unit Price: The price per unit. This Period: Quantity: Number of contracted units this period. Amount: Number of contracted units this period X Unit Price. Total to Date: Quantity: Total units billed including this partial payment. Amount: Total quantity X Unit Price. PARTC: 1. Amount earned: Total of "This Period" and "Total to Date" columns in Part B. 2. Amount retained: Self-explanatory. 3. Previous payments: Self-explanatory. 4. Amount Due: 1 rninus2 and 3. Estimated Percentage and Progress Schedule: Self-explanatory and required on all contracto~ items. PARTD: Part D, 1,2, and 3 must be signed. Part D, 2 is always signed by a registered civil engineer unless otherwise approved in writing by DWR. ',Part D, 3 is always signed by the Public Agency. . All signatures on original set of the estimate must be original signatures. Additional copies may be made from this set. Please subm the original and four copies of the entire estimate package to the Department of Water Resources, Bond Financing and Administratio P.O. Box 942836, Sacramento CA 94236-0001. DWR 413 SA (Back) (New 6/87) INSTRUCTIONS FOR DWR 4135 A (To be filled out by the Public Agency for' periodic payment) ~TA: Public Agency: The name should be identical to the name used in the contract with the Department of Water Resources. Address and Telephone Number: Self-explanatory. DWR Contract Number: The number is on the contract. Periodic Estimate: Submit no more than one estimate per month. PART B: Expenditure Summary Budget Line Item Number: Corresponding to DWR 4135, Budget and Expenditure Summary. Attachment Number: Numerically identify each attachment, corresponding to DWR 4135 c: Description: Identify the material, labor or item being billed. Indicate vendor's name. ' Project Expenditure: The total dollar amount of the partial payment being requested by the contractor or vendor. State Funds Requested: The dollar amount of the project expenditure being requested this estimate. PART C: Totals 1. Total expenditures and State funds requested from the columns in Part B. 2. Total all prior periodic estimates-DO NOT INCLUDE 'THIS ESTIMATE. (See Item 3 on previous estimate.) 3. TotalofItems 1 and 2. 4. Total retention this estimate. 5. Total retention from all prior periodic estimates-DO NOT INCLUDE THIS ESTIMATE. (See Item 6 on previous estimate.) 6. Total ofItems 4 and 5. 7. Loan amount from the contract NOT including the administrative fee. 8. Total ofItems 3 and 6. 9. Funds still available-Item 7 minus Item 8. This amount MUST be equal to or greater than zero. DO NOT WRITE IN THE BLOCKS MARKED "FOR DWR USE". If additional space is required, use a second DWR 4135 A and identify it in the upper right hand comer. Total ONLY the last DWR 4135 A. INSTRUCTIONS FOR PARTIAL PAYMENT ESTIMATE, DWR413S C P ART A: Self-explanatory. PARTB: Contract Item: Unit: Identify each item by its basic description (each, square foot, linear foot, project, etc.). Quantity: The number of units contracted. Unit Price: The price per unit. This Period: Quantii:y: Number of contracted units this period. Amount: Number of contracted units this period X Unit Price. Total to Date: Quantity: Total units billed including this partial payment. Amount: Total quantity X Unit Price. PARTe: 1. Amount earned: Total of "This Period" and "Total to Date" columns in Part B. 2. Amount retained: Self-explanatory. 3. Previous payments: Self-explanatory. 4. Amount Due: I minus 2 and 3. Estimated Percentage and Progress Schedule: Self-explanatory and required on all contractor items. PARTD: Part D, 1, 2, and 3 must be ,signed. ' Part D, 2 is always signed by a registered civil engineer unless otherwise approved in writing by DWR. "Part D, 3 is always signed by the Public Agency. All signatures on original set of the estimate must be original signatures. Additional copies may be marie from this set. Please subm the original and four copies ofthe entire estimate package to the Department of Water Resources, Bond Financing andAdministratio P.O. Box 9428~6, Sacramento CA 94236-0001. DWR 4135A (Back) (New 6/87) INSTRUCTIONS FOR DWR 4135 A (To be filled out by the Public Agency for periodic payment) \.RT A: Public Agency: The name should be identical to the name used in the contract with the Department of Water Resources. Address and Telephone Number: Self-explanatory. DWR Contract Number: The number is on the contract. Periodic Estimate: Submit no more than one estimate per month. PART B: Expenditure Summary BudgetLine Item Number: Corresponding to DWR 4135, Budget and Expenditure Summary. Attachment Number: Numerically identify each attachment, corresponding to DWR 4135 C. Description: Identify the material, labor or item being billed. Indicate vendor's name. . Project Expenditure: The total dollar amount of the partial payment being requested by the contractor or vendor. State Funds Requested: The dollar amount of the project expenditure being requested this estimate. PART C: Totals 1. Total expenditures and State funds requested from the columns in Part B. 2. Total all prior periodic estimates-DO NOT INCLUDE THIS ESTIMATE. (See Item 3 on previous estimate.) 3. TotalofItems 1 and 2. 4. Total retention this estimate. 5. Total retention from ail prior periodic estimates-DO NOT INCLUDE THIS ESTWATE. (See Item 6 on previous estimate.) 6. TotalofItems 4 and 5. 7. Loan amount from the contract NOT including the administrative fee. 8. TotalofItems 3 and 6. 9. Funds still available-Item 7 minus Item 8. This amount MUST be equal to or greater than zero. DO NOT WRlTE IN THE BLOCKS MARKED "FOR DWR USE". If additional space is required, use a second DWR 413 5 A and identify it in the upper right hand corner. Total O~ Y the last DWR 4135 A. INSTRUCTIONS FOR P ARTIAL PAYMENT ESTWA TE, DWR 4135 C f ART A: 'Self-explanatory. PARTE: Contract Item: Unit: Identify each item by its basic description (each, square foot, linear foot, project, etc.). Quantity: The number of units contracted. Unit Price: The price per unit. This Period: Quantity: Number of contracted units this period. Amount: Number of contracted units this period X Unit Price. Total to Date: Quantity: Total units billed including this partial payment. Amount: Total quantity X Unit Price. PARTC: 1. Amount earned: Total of "This Period" and "Total to Date" columns in Part B. 2. Amount retained: Self-explanatory. 3. Previous payments: Self-explanatory. 4. Amount Due: 1 minus 2 and 3. Estimated Percentage and Progress Schedule: Self-explanatory and required on all contractor items. PARTD: Part D, 1, 2, and 3 must be signed. Part D, 2 is always signed by a registered civil engineer unless otherwise approved in writing by DWR. ·hrt D, 3 is always signed by the Public Agency. All signatures on Jriginal set of the estimate must be original signatures. Additional copies may be made from this set. Please subm +he original and four copies of the entire estimate package to the Department of Water Resources, Bond Financing and Administratio P.O. Box 942836, Sacramento CA 94236-0001. . DWR 4135A(Back) (New·6/87) INSTRUCTIONS FOR DWR 4135 A (To be filled out by the Public Agency for periodic payment) fiT A: Public Agency: The name should be identical to the name used in the contract with the Department of Water Resources. Address and Telephone Number: Self-explanatory. DWR Contract Number: The number is on the contract. Periodic Estimate: Submit no, more than one estimate per month. PART B: Expenditure Summary Budget Line Item Number: Corresponding to DWR 4135, Budget and Expenditure Summary. Attachment Number: Numerically identify each attachment, corresponding to DWR 4135 C. Description: Identify the material, labor or item being billed. Indicate vendor's name. Project Expenditure: The total dollar amount of the partial payment being requested by the contractor or vendor. State Funds Requested: The dollar amount of the project expenditure being requested this estimate. PART C: Totals 1. Total expenditures and State funds requested from the columns in Part B. ~. Total all prior periodic estimates-DO NOT INCLUDE THIS ESTIMATE. (See Item 3 on previous estimate.) 3. Total ofItems 1 and 2 .. 4. Total retention this estimate. 5. Total retention from all prior periodic estimates-DO NOT INCLUDE THIS ESTIMATE. (See Item 6 on previous estimate.) 6. Total ofItems 4 and 5. 7. Loan amount from the contract NOT including the administrative fee. 8. Total ofItems 3 and 6. 9. Funds still available-Item 7 minus Item 8. This amount MUST be equal to or greater than zero. DO NOT WRITE IN THE BLOCKS MARKED "FOR DWR USE". 1f additional space is required, use a second DWR4135 A and identify it in the upper right hand comer. Total ONLY the last DWR 4135 A. INSTRUCTIONS FOR PARTIAL PAYMENT ESTIMATE, DWR4135 C P ART A: Self-explanatory. PARTB: Contract Item: Unit: Identify each item by its basic description (each, square foot, linear foot, proj ect, etc.). Quantity: The number of units contracted. Unit Price: The price per unit. This Period: Quantity: Number of contracted units this period. Amount: Number of contracted units this period X Unit Price. Total to Date: Quantity: Total units billed including this partial payment. Amount: Total quantity X Unit Price. PARTC: '1. Amount earned: Total of "This Period" and "Total to Date" columns in Part B. 2. Amount retained: Self-explanatory. 3. Previous. payments: Self-explanatory. 4. Amount Due: 1 minus 2 and 3. Estimated Percentage and Progress Schedule: Self-explanatory and required on all contractor items. PARTD: Part D, 1, 2,and 3 must be signed. Part D, 2 is always signed by It registered civil engineer unless otherwise approved in writing by DWR. ··Part D, 3 is always signed ! by the Public Agency. All signatures on original set ;)f the estimate must be original signatures. Additional copies may be made from this set. Please subm the original and four copies of the entire estimate packpge to the Department of\Vater Resources, Bond Financing and Administratio P.O. Box 942836. Sacramento CA 94236-0001. DWR 4135A (Back) (New 6/87) PARTC THIS ·PERIOD TOTAL TO DATE Amount Earned $ $ -- f Jnt Retained $ $ Previous Payments $ xxxxxxxxxxxxxxxxxxx $ Amount Due $ $ Estimated Percentage of Job Completed Is Contractor's Construction Progress on Schedule? DYes DNa % * Explain: PARTD 1. Certification of Contractor According to the best of my knowledge and belief. I certify that all items and amounts shown on the foregoing Periodic Estimate for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; ·that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due this Payment" has been received, and that the undersigned and his subcontractors have complied with the nondiscrimination provisions of the Loan/Grant Contractor with the Department of Water Resources. . By ______ ~~~~~~~~-----------(Signature of Authorized Representative) _____________________ ,20---Title ________________ _ 2. Certification of Engineer I certify that I have checked and verified the foregoing Periodic Estimate for Partial Payment; that to. the best of my knowledge and belief it is a true and correct statement of work performed and/or material included in this Period Estimate has been inspected by me and/or by my duly authorized representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the referenced contract; and that partial payments claimed and requested by the contractor is correctly computed on the basis of work performed and/or material supplies to date. Signed (Registration Number) Date: 3. Request for Payment by Public Agency or Water Company The construction of the project is progressing satisfactorily, and to the best of my knowledge the amounts contained in the foregoing Periodic Estimate for Partial Payment are .true and correct statements of actual costs incurred for work performed, and I hereby request payment of funds under the Bond Law provisions of the Water Code in the amount of $ for reimbursement of eligible project costs estimated above. (Authorized, Designated Signature) (Date) DWR 4135C (Back) (New 6/87) 'PART C THIS PERIOD TOTAL TO DATE Amount Earned $ $ -'- f Jnt Retained $ $ Previous Payments $ xxxxxxxxxxxxxxxxxxx $ Amount Due $ $ Estimated Percentage of Job Completed Is Contractor's Construction Progress on Schedule? DYes DNo % * Explain: PART D 1. Certification of Contractor According to the best of my knowledge and belief, I certify that ali items and amounts shown on the foregoing Periodic Estimate for Partial Payment are correct; that ali work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; 'that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due this Payment" has been received, and that the undersigned and his subcontractors have complied with the nondiscrimination provisions of the Loan/Grant Contractor with the Department of Water Resources. __________ ,20 __ 2. Certification of Engineer By ______ ~~~~~~~~ ______ ----- (Signature of Authorized Representative) Title ---------------------------------------- I certify that I. have checked and verified the foregoing Periodic Estimate for Partial Payment; that to. the best of my knowledge and belief it is a true and correct statement of work performed and/or material included in this Period Estimate has been inspected by me and/or by my duly authorized representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the referenced contract; and that partial payments claimed and requested by the contractor is correctly computed on the -basis of work performed and/or material 'supplies to date. Signed (Registration Number) Date: 3. Request for Payment by Public Agency or Water Company The construction of the project is progressing satisfactorily, and to the best of my knowledge the amounts contained in the foregoing Periodic Estimate for Partial Payment are true and correct statements of actual costs incurrSld for work performed, and I hereby request payment of funds under the Bond Law provisions of the Water Code in the amount of $ for reimbursement of eligible project costs estimated above. (Authorized, Designated Signature) (Dale) .... _ ... _. DWR 4135C (Back) (New 6/87) State of California PART A Name of Contractor: Name of Public AgencyNVater Co. Date of Completion: Original Revised Description of Job: PARTS DEPARTMENT OF WATER RESOURCES GENERAL OBLIGATION LOAN/GRANT PARTIAL PAYMENT ESTIMATE Amount of Contract: Original $ ------------------~ Revised $ -------------------. CONTRACTING ITEMS THIS PERIOD ITEM' UNIT QUANTITY .. *Ongmal/tems and change Orders Separately DWR 4135C (New (/87) UNIT PRICE QUANTITY AMOUNT The Resources Agency Attachment No. of Periodic Estimate No.: DWR Contract No.: Proposition: Telephone No. Date of Estimate: From To TOTAL TO DATE QUANTITY AMOUNT PARTC THIS PERIOD TOTAL TO DATE Amount Earned $ $ /-. 'nt Retained $ $ Previous Payments $ xxxxxxxxxxxxxxxxxxx $ Amount Due $ $ Estimated Percentage of Job Completed Is Contractor's Construction Progress on Schedule? DYes DN.o % * Explain: PART 0 1. Certification of Contractor According to the best of my knowledge and belief, I certify that all items and amounts shown on the foregoing Periodic Estimate for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; 'that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due this Paymeht" has been received, and that the undersigned and his subcontractors have complied with the nondiscrimination provisions of the Loan/Grant Contractor with the Department of Water Resources. ___________________ ,20--- 2. Certification of Engineer By ______ ~~~~~~~~------__ ---(SignatUfe of Authorized Representative)· Title ---------------------------------------- I certify that I have checked and verified the foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material included in this Period Estimate has been inspected .by me and/or by my duly authorized representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the referenced contract; and that partial payments claimed and requested by the contractor is correctly computed on the basis of work performed and/or material supplies to date. Signed (Registration Number) Date: 3. Request for Payment by Public Agency or Water Company The construction of the project is progressing satisfactorily, and to the best of my knowledge the amounts contained in the foregoing Periodic Estimate for Partial Payment are true and correct statements of actual costs incurred for work performed, and I hereby request payment of funds under the Bond Law provisions of the Water Code in the amount of $ for reimbursem~nt of eligible project costs estimated above. (AuthOrized, Designated Signature) (Dote) DWR 4135C (Back) (New 6/87) State of CaP' Departmen .ter Resources The Resources Agency Page _1_ of _1_ , Date: General Obligation Loan and Grant Budget and EXlJenditure Summary Proposition: __________ _ -----------SAMPLE Name of Agency: XYZ WATER DISTRICT DWR Contract No: FXXXXX .;:...;;.~~...:......--- Contact Person: JOHN DOE ~~~~~~-----------------------------------------Telephone: (415) 444-5555 Periodic Estimate No.: 2 for Period: 01/01/86 to 01/31/86 . Line Allotment . Total Prior Current .Total Charges Allotment 't(;m Allotment Title Amount Claims Charges to Date .Balance 1 IENGINEERING $90,000.00 $23,125.29 $2,817.39 $25,942.68 $64,057.32 2 LEGAL SERVICES 10,000.00 283.50 144.00 427.50 $9,572.50 3 MISCELLANEOUS MATERIALS: 100,000.00 . 2,955.81 $97,044.19 ~ WATER CONSERVATION KITS 385.20 1-,--, ~--PUMP 2,570.61 l=-4 CONSTRUCTION WORK 640,000.00 215,004.97 $424,995.03 PIPELINE -. 131,443.97 I RESERVOIR . 83,561.00 L 5 ADMINISTRATION 60,000.00 $60,000.00 !' ' I 'I-' i '-RETENTION \ PIPELINE 14,604.89 14,604.89 ($14,604_89) RESERVOIR 9,284.56 9,284.56 ($9,284.56) OTHER (ENGG, LGL, ADMIN) 2,600.98 657.47 3,258.44 . ($3,258.44) , Subtotal This Page $960,000.00 $118,855.32 $152,623.52 $271,478.84 $628,521.16 Subtotal Page Subtotal Page TOTALS .$900,000.00 $118,855.32 $152,623.52 $271,478.84 . $628,521.16 INITIAL SUBMISSION ONLY; Reviewed by Registered Civil Engineer RCE No. Date ______ _ Submit to: Department of Water Resources Post Office Box 942836, Sacramento, CA 94236-0001 DWR 4135 (New 6/87) INSTRUCTIONS 'FOR DWR 4135 A (ro' be filled out by the Public Agency for periodic payment) PART A: Public Agency: The name should' be identical to the name used in the contradt with the Department of Water Resources. Address and Telephone Number: Self-explanatory, ' DWR Contract Number: The number is on the contract. Periodic Estimate: Submit no more than one estimate per month. PART B: Expenditure Summary Budget Line Item Number: Corresponding to DWR 4135, Budget and Expenditure Summary. Attachment Number:', Numerically identify each attachment. corresponding to DWR 4135 C. Description: Identify the material,labor or item 'being billed. Indicate vendor's name. Project Expenditure: The total donal' amount of the partial payment being requested by the contractor or vendor. State Funds Requested: The dollar amount of the project expenditure being requested this estimate., PART C: Totals 1. Total expenditures and State funds requested from the columns in ~art B. 2. Total all prior periodic estimates -DO NOT INCLUDE THIS ESTIMATE. (See Item on previous estimate.) 3. Total of Items 1 and 2. . 4. Total retention this estimate. 5. Total retention from all prior periodic estimates -DO NOT INCLUDE THIS ESTIMATE. (See Item 6 on previous estimate.) 6. Total of Items 4 and 5. 7. Loan amount from the contract NOT including the administrative fee. B. Total of Items 3 and 6. 9. Funds still available -Item 7 minus Item 8. This amount MUST be equal to or greater than zero. , DO NOT WRITE ,IN THE BLOCKS MARKED "FOR DWR USE". If additionui space is r~4uired. usc a second DWR 4135 A and identify it in the upper right hand corner. TUUlI O~LY the lust DWR 41:11) A. INSTRUCTIONS FOR PARTIAL PAYMENT ESTIMATE, DWR 4135 C PART A: Self-explanatory. PARTB: Contract 'Item: Unit: . Identify each item by its basic description (each, square foot, linear foot, project, etc.). Quantity: The number of units contracted. Unit Price:· The price per unit. This Period: Quantity: Number of contracted units this period. Amount: Number of contracted'units this period X Unit Price. Total to Date: Quantity:' Total units billed including this partial payment. Amount: Total quantity X Unit Price. . PARTe: 1. Amount earned: Total of "This Period" and "Total to Date'.' columns in Part B. 2. Amount 'retained: Self-explanatory. ' 3. Previous payments: Self-explanatory. 4. Amount Due: 1 minus 2 and 3. Estimated Percentage and Progress Schedule: Self-explanatory and required on all contractor items_ PARTD: Part D. I, 2, and 3 must be signed. Part D, 2 is always signed by a registered civil engineer unless otherwise approved in writing by DWR. Part D, 3 is always signed by the Public Agency. All signatures on original set of the' estimate must be original signatures. Additional copies may be made from this set. Plflase submit the original and four copies of the entire estimate package to the Department of VI ater Resource!>, ' P. O. Box 942836, Sacramento, CA 9423(3-0001. ··D'N-R-4-1.;a£A-lBeG\"\-(Ni'\~";'l-g;z.\.----.. -----.. ---____ .. ____ .. _ .. _____ . ___________ . __ . ___ . __ .. ______ . ____ ... • State 'of Califomia PART A Name of Contractor: ABC Engineering Consultants Name of Public AgencyfWater Co. XYZ Water District Date of Completion: Original Revised .. Descnplion of Job: PARTB DEPARTMENT OF WATER RESOURCES GENERAL OBUGATfON LOAN/GRANT PARTIAL PAYMENT ESTIMATE SAMPLE Punount of Contract Original $ Revised.$ CONTRACTING ITEMS THIS PERIOD ITEM" UNIT QUANTITY UNIT PRICE QUANTITY AMOUNT See Attached Summary of Invoices and Copy 3,130.43 of Invoices 10% Ret. (313.04) 2,817.39 I I I -L. I .. . *Oflgmai Items and change Orders Separately The Resources Agency Attachment No. _1_' of _5_ Periodic Estimate No.: L DWR-Contract No.: FXXXXX Proposition : 204 Telephone No. Date of Estimate: From 1/111986 To 1/3111986 TOTAL TO DATE QuANiITY AMOUNT 28,825.20 (288.25) 28,536.95 ; I I DWR4135C (New 6/87) PARTC THIS PERIOD TOTAL TO DATE Amount Earned $ 3,130.43 $ 28,825.20 . AfI.uunt Retained $ 313.04-$ 2,882.52 Previous Payments $ xxxxxxxxxxxxxxx $ 23,125.29 .. Amount Due $ 2,817.39 '$ 2,817.39 Estimated Percentage of Job Completed Is Contractor's Construction Progress on Schedule? DYes DNo , % . * Explain:. PARTD 1. Certification of Contractor According to the best of my knowledge and belief. I certify that all items and ·amounts shown on the foregoing Periodic Estimate for Partial Payment. are correct; that all work has been performed and/or material supplied in fuU accordance with the requirements of the referenced Contract. and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due this Payment" has been received, and that the undersigned and his subcontractors have complied with the nondiscrimination provisions of the Loan/Grant Contractor with the Department of Water Resources. . By _____ ...:::--:· ::::,' (Slg;~tUrB~f ~l1thOrized Representative) : ........ .. ___________________ ,20---Title -------------------------------------- 2. Certification of Engineer I certify that I have checked and verified the foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material included in this Period Estimate has been inspected by me and/or by my duly authorized representative or assistants and that it has been performed and/ix supplied in full accordance with requirements of the referenced' contract; and that partial payments claimed and requested by the ~ntractor is correctly computed on the basis of work perfonned and/or material supplies to date. Signed (RegistraUon Number) Date: 3. Request for Payment by Public Agency or Water Company ... The construction of the project. is progressing satisfactorily, and to the best of my knowledge the amounts contained in the foregoing Periodic Estimate for Partial Payment are true and correct statements of actual costs incurred for work performed, and I hereby request payment of funds under the Bond Law prOVisions of the Water Code in the amount of $ 2.817.39 for reimbursement of eligible project costs estimated above. (Authorized. Designated Signature) DWR ~~ (BacIq (Nsw 6f87) ABC eNGINEER!NG CCNStJL'l'ANTS (714) 684-6900 PRCJECT: PANORAMA TIE~LINE SAMPLE ...... Invoice NO. 3222 Date February I, 1986 BIttING PERIOD: From 1/1/86 to 1/31/86 Account 106-35.3 " " .. Design and Drafting~ Drafting Specification Exhibit for Projec= Sign. Services -Office "'x *x "Hours @ $" y** Hc:Iurs @ $ v.,. .. "\ Incidental Exoenses Telephone Prints TOTAL DUE: .,. x=number of hours ** Y=hourly rate $ 46.00 209.00 $ 255.00 $ $ .60 8.67 9.27 --~ ------_ .. ---' .-------_ ..• _ ... --------'" .•.. _-." .-_ .. _.'--"'- $ 255.00 $ 9.27 $ 264.27 -------------------.---_. ------------ State of California PART A Name of Contractor: DEF Law Offices Name of Public AgencyIWater Co. XYZ Water District Date of Completion: Original Revised , . Descnption of Job: PARTS DEPARTMENT OF WATER RESOURCES GENERAL OBLIGATION LOAN/GRANT PARTIAL PAYMENT ESTIMATE SAMPLE Arnount of Contract Or,iginal $ N/A Revised $ CONTRACTING ITEMS THIS PERIOD ITEM" UNIT QUANTITY UNIT PRICE QUANTITY AMOUNT See Attached Invoice N/A 160.00 " 10% Retention (16.00} 144.00 i The Resources Agency Attachment No. _2_of _5_ Periodic Estimate No.: _2_ DWR'Contract No.: FXXXXX Proposition : 204 Telephone No. Date of Estimate: From 1/1/1986 To 1/31/1986 TOTAL TO DATE QUANTITY AMOUNT 475.00 (47.50) 427.50 1 I J " I -' .. . ' "Qrjginaf Items and change Orders Separatei}' ------.. -------.------------------------------------------. ... -----.--_ .. _-------... _.-. __ ._-_.----_ ... -.----------.. ---_ ....... ---_.----_.-----.-------. DWR 4135C (New 6187) PARTC THIS PERIOD TOTAL TO DATE Amount Earned $ 160.00 $ 475.00 r'\mount Retained $ 16.00 $ 47.50 Previous Payments $ xxxxxxxxxxxxxxx $ 283.50 .. Amount Due $ 144.00 $ 144.00 .. Estimated Percentage of Job Completed Is Contractor's Construction Progress on Schedule? DYes ONe % * Explain: PARTD 1. Certification of Contractor According to the best of my knowledge and beliet; I certify that all Items and amounts shown on the foregoing Periodic Estimate for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due this Payment" has been received, and that the undersigned and his subcontractors have complied with the nondiscrimination provisions of the Loan/Grant Contractor with the Department of Water Resources. ' By ___ :~:~~~,~:~.·~~~~~~_._~_~ ... ~.~.~_, ______ __ (Sigml/ure of AuthOlized Represen/lJlive) ____________________ ,20---Title __________________ _ 2. Certification of Engineer I certify that I have checked and verified the foregoing Periodic Estimate for Partial Payment; that to the b~st of my knowledge and belief it is a true and correct statement of work performed and/or material included in this Period Estimate has been inspected by me and/or by my duly authorized representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the referenced contract; and that partial payments claimed and requested by the contractor is correctly computed on the basis of work performed and/or material supplies to date. Signed (Registration NUmber) Date: ·3. Request for Payment by Public Agency or Water .company The construction' of the project is progressing satisfactorily, and to the best of my knowledge the amounts contained in the foregoing Periodic Estimate for Partial Payment are true and correct statements'of actual costs incurred for work performed, and I hereby request payment of funds under the Bond Law provisions of the Water Code in the amount of $ 144.00 for reimbursement of eligible project costs estimated above. DWR 4135C {Back) (New' 6187) -------------.--------- (Authorized. DesignalBrJ SignslUre) (Date) .. --------_ ... ---_.---_ ... ",'" .. "-"'---"--"'-""-"-'-' --.. -. -_.---"'" . --_ ... ------------_.---_.------" DE? taw Offices February 1, 1986 PROFESSIONAL SERVICES AS FO~S: 1/10/86 1/29/86 Preparation of four·letters (certified mail) requesting Easement for ne~ Domestic Water Line. Preparation of four letters (certified mail) re proposed aight of Way Easement in t.'1e vicinity of liS" Road. SAMPLE _ .... ---- $80.00 $80.00 o Staie of California PART A Name of Contractor: GHI Enterprises Name of Public AgencyIW ater Co. XYZ Water District Date of Completion: Original Revised .. Descnptlon of Job: PARTS DEPARTMENT OF WATER RESOURCES GENERAL OBLIGATION LOAN/GRANT PARTIAL PAYMENT ESTIMATE SAMPLE Amount of Contract: . Original $ , N/A Revised $ CONTRACTING ITEMS THIS PERIOD ITEM" UNIT QUANTITY UNIT PRICE QUANTITY AMOUNT C'.~ Each . 200.00 2.14 200 $ 428.00 voice 10% Retention (42.80) $ 385.20 -, I I I .. *OTigina/ Items and change Orders SeparaiEfy The Resources Agency Attachment No. _3_of _5_ Periodic Estimate No.: _2_ DWRContract No.: FXXXXX Proposition : 204 Telephone No. Date of Estimate: From 111/1986· To 1/31/1986 TOTAL TO DATE QUANTITY AMOUNT 200 $ 428.00 {42.80) $ 385.20 ---------_.-._---.--------_. ----------------.----------------_ .. --_ .. _---. ....:. ... -.. __ ._------_._--._--._--............. _-.... _-_. -----_ .. _ ..... -... __ ._-_ .... _ .... _------._---_. __ . __ ... -- DWR 4135C (New 6187) PARTC THIS PERIOD TOTAL TO DATE Amount Earned $ .. 428.00 $ 428.00 Al110unt Retained $ 42.80 $ 42.80 Previous Payments $ xxxxxxxxxxxxxxx $ - Amount Due $ 385.20 $ 385.20 Estimated Percentage of Job Completed Is Contractor's Construction Progress on Schedule? DYes DNo I % ;, Explain: PART,D 1. Certification of Contractor According to the best of my knowledge and belief, I certify that all items and amounts shown on the foregoing Periodic Estimate for Partial Payment are correct; that all work has been performed and/or material supplied in full. accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance. Due this Payment" has been received, and that the undersigned and his subcontractors have complied with the nondiscrimination provisions of the Loan/Grant Contractor 'with the Department of Water Resources. By __ ~~~-.-~~~~~~,~~ ______ __ (Signature of Authorized Representative) ____________________ ,20---Title ----------------------------------------.. 2. Certification of Engineer I certify that I have checked and verified the foregoing Periodic Estimate for Partial Payment; that to the best of my·knowledge and belief it is a true and correct statement of work performed and/or material included in this Period Estimate has been inspected by me and/or by my duly authorized representative or assistants and that it ~as been performed and/or supplied in full accordance with requirements of the referenced contract; and that partial payments claimed and requested by the cont~ctor. is correctly computed on the basis ofwcirk performed and/or material supplies to da~e. Signed (Registration Number) Date: 3. Request for payment by Public Agency or Water Company The construction 'of the project is progressing satisfactorily, and to the best of my 'knowledge the amounts contained in the foregoing Periodic Estimate for Partial Payment are true and correct statements of actual costs incurred for work performed, and I hereby request payment of funds under the Bond Law provisions of ~he Water Code in the amount of $ 385.20 for reimbursement of eJig'Ible project,'costs estimated above. DWR 4135C (Jack) (l-!eiW 6/87) -----.---.. ------------------_.-_. i,4,utirori2ed. DeSignated Signature) ---------------!..---------------------------_._---------.-_.--.-------_.-... ----" -_ .... __ .... _.-. --------------------_ .. _-_ .. ----- ?Ra1ECT: CUSTOMER PO NO oer verbal ORDER DATE 3 Jan 86 COMPLEI'E WATER GUARD CONSERVATIONKtT (2 Toilet. Tank L'1serts, 2 Shower Flow Restrictors, 2 Leak Detectors) TERMS: 30 days NE'r ' GHI Enterp::ises DATE SHIPPED 7 Jan 86 SA.LESMAN SS SAMPLE --_ .... ---- Invoice NO. 1287 Date FebruaEj" 1, 1986 BILLING PERIOD: Fran ____ To ___ _ AccoUnt ---------------- ROUTING ShipfEd UPS Q.Janl:.ity Q,lantity Remaining Unit Ordered Shicced ~ Order Price Unit Amount 200 ea 200 ea -0-$2.14 each $426.00 INVOICE TOTAL $428.00 --._-------. "'-'-.. ------... --.- ---.-._--------_ .. -. - State Glf California PART A Name of Contractor: JKL, INC. Name of Public Agency/W ater Co. XYZ Water District Date of Completion: Original Revised .. Descnption of Job: PARTB DEPARTMENT OF WATER RESOURCES GENERAL OBLIGATION LOAN/GRANT PARTIAL PAYMENT ESTIMATE SAMPLE Amount of Contract: Original $ N/A Revised $ CONTRACTING ITEMS THIS PERIOD ITEM' UNIT QUANTITY UNIT PRICE QUANTITY AMOUNT (.C!~e 1 each 1 each L.S. Complete $ 2,856.23 Iched quotation 10% Retention (285.62) sheet) $ 2,570.61 , ! .. "'Or:igir..a! Items and change Orders Separately The Resources Agency Attachment No. _4 __ of _5_ Periodic Estimate No.: ..L DWR'Contract No.: FXXXXX Proposition: 204 Telephone No. Date of Estimate: From 1/1/1986 To 1/31/1986 TOTAL TO DATE QUANTITY AMOUNT Complete $ 2,856.23 (285.62) $ 2,570.61 • DWR 4135C (New 6/87) ,PART C THIS PERIOD TOTAL TO DATE , "'lunt Earned $ $ 2,856.23 $ $ 2,856.23 . Amount Retained $ 285.62 $ 285.62 Previou~ Payments $ xxxxxxxxx:xxxxx $ -' .' Amount Due $ 2,570.61 $ 2,570;61 Estimated Percentage of Job Completed Is Contractor's Construction Progress on Schedule? DYes DNo % * Explain: PARTD 1. Certification of Contractor According to the best of my knowledge and belief, J certify that all items and amounts shown on the foregoing Periodic Estimate for Partial Payment are correct; that all work has been perfonned and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to.and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance' Due this Paymenr has been received, and that the undersigned and his subcontractors have complied with the nondiscrimination provisions of the Loan/Grant Contractor with the Department of Water . Resources. ' By .",' ... , . 'm. " •.•• (Signsture.o' Authorized Representativ&) _____________________ ,20---Title ----------------~--------------------- 2. Certification of Engineer I certify that I have checked and verified the foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of wor!< performed and/or material included in this Period Estimate has been inspected by me and/or by my duly authorized representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the referenced contract; and that partial payments claimed and requested by the ~ontractor is correctly computed on the basis of war!< performed and/or material supplies to date. Signed (RegistraUon Number) Date: 3. Request for Payment by Public Agency or Water Company The construction of the project is progressing satisfactorily, and to the best of my knowledge the amounts contained in the foregoing Periodic Estimate for Partial Payment are true and correct statements of actual costs incurred for work performed, and I hereby request payment of funds under the Bond Law provisions of the Water Code in the amount of $ 2.570.61 for reimbu~ement of eligible project costs estimated above. (Authorized, Designated Signature) (Dale) l:lY.'~_~~~'?QJ;lacI9J!i~~_§/871 _______ ... _ . .. .._... _. __ . ______ . __ .. _. _._ ..... _ ........ __ ...... ___ . _. ___ .......... _ .. __ . , ...... _ .. ___ .... _ .. __ ... __ .. _. __ ,. _ .. _ .. . ABC Engineering Consultants 123 Main Street Any '!'own, CA Attention: ' · , . JKL, INC. PQR F\1mps t'ec:ember 1, 1985 RE: Quotation on 20 HP Submersible Pump G:ntlemen: SAMPLE .... ---~- .' Per your request we are pleased to submit for your consideration the following quocacion. Mccording1y, ~e offer: 1 Model ' 20 HP Submers ib1e Pump and Motor 100 G?t1 at 485 I TOR 250 I #8-3 Cable 1 12" x 3" x 4"Well seal 6% sales Tax Freight '.ro'I'AL $2,354.40 165.00 ' 104.40 ~2,623.80 157.43 75.00 $2,856.23 Labor to install assuming' ~e have, to use the existing pump is $650.00. Celivery can be made within 15 working days. 'll1e bowl as.sembly quoted is 'a 10 stage with bronze impellers, stainless steel shaft and cast; iron bowls. 'thank you for the opportunity of sul:m±t:ting this quotation. Very truly your:s, JKt, INC. By __________________ __ ------------------------------------------------------------------------------------------------------. -------------- PROJECT: CUs toner Order No. 2249 Order .cate 1/6/86 JKL, INC. PQR Pump~ Shipped Via System 99 1 . Submersible Pump and Motor 250 1 1 1 #8-3 Cable 12" Well Seal Celivery Sales Tax THANK YOU Job i 78-274 -. __ .. ' ... _-_ .. -....... --_._--.. ------,_._-------. __ .. SAMPLE -_ ... --- Invcice NO. 4505 Date FebruaFi I, 1986 . BILLING PERIOD: From To ----------~-- Account . Date Sh ipped 1/15/86 TOTAL -------- Terms Net 30 Davs $2,856 • .23 ------------------. -----------------_._---------.-. -- State 'of California PART A Name of Contractor: . MNO Pipeline; Inc. Name of Public Agency/Water Co. XYZ Water District Date of Completion: Original Revised .. Descnption of Job: PARTB DEPARTMENT OF ~';-:;Fii{Z;-;;:::t-.iRG:---S GENER.A.L OBLIGATION LOAN/GRANT PARTIAL PAYMENT ESTIMATE SAMPLE Amount of Contract: .. Original $ N/A Revised $ CONTRACTING ITEMS THIS PERIOD ITEM" UNIT QUANTITY UNIT PRICE QUANTITY AMOUNT See attached Contract $146,048.86 Partial :payment Request 10% Retention (14604.89) $ 131,443.97 I I I The Resources Agency Attachment No. L-of _5_ Periodic Estimate No.: L DWR Contract No.: FXXXXX Proposition: . 204 Telephone No. Date of Estimate: From 1/1/19SE? To 1/31/1986 TOTAL TO DATE QUANTITY AMOUNT $ 146,048.86 (14604.89) $ 131,443.97 - I \ 11 .. ,=,-;,,,,,; •. ,,.l..,.,I--0_--=-:,:>.:'._-=', =' === "'Original Items and change Orders .Separately . , DWR 4135C (New 6/87) PARTC . THIS PERIOD TOTAL TO DATE Amourit Earned $ $ 146,048.86 $ $ 146,048.86 - Amount Retained $ 14,604.89 $' 14,604.89 , . Previous Payments $ xxxxxxxxxxxxxxx $ - Amount Due $ 131,443.97 $ 131,443.97 Estimated Percentage of Job Completed Is Contractors Con,struction Progress on Schedule? DYES 0 NO % * Explain: PARTD 1. Certification of Contractor According to the best of my knowledge and belief, I certify that all items and amounts shown on the foregoing Periodic Estimate for Partial Payment are corrept; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and 'correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due, this Payment" has been received. and that the undersigned and his subcontractors have ~omp]jed with the nondiscrimination provisions of the Loan/Grant Contractor with the Department of Water Resources. ' By _____ ~,~,"~ .. ~-,~~~~-~ .. ~·.~-~.~ .. ~·'~.·~ .. ~----- (Signature of Authorized Representative) 20 . -----------, --Title _______________ _ 2. Certification of Engineer I certify that I have checked and verified the foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material included in this Period Estimate has been inspected by me and/or by my duly authorized representative or assistants anq that it has been performed and/or supplied in' full accordance with requirements of the referenced contract; and that partial payments claimed and requested b)l the contractor is correctly computed on the basis of work performed.and/or material supplies to date . . Signed (Registration Number) Date: 3 .. Request for Payment by Public Agency or Water Company The construction of the project is progressing satisfactorily, and to the best of my knowledge the amounts contained in the foregoing Periodic Estimate for Partial Payment are true and correct statements of actual costs incurred for work performed, and I hereby request payment of funds under the Bond Law provisions of the Water Code in the amount of $ 131,443.97 for rp,imb~rsement of eligible project costs estimated above. (Authorized, Designated Signature) (Dal&j DWR 4135C (Back) (New 6/87) - -__ -__________________ 0-________ ow ___________ --__________ •• __________ '. ---.-----.-.-.---------------.--.--.-.--•• --.-----------.--.- i /- I • I t\NO l'ipehne Inc. . aid Item No. or Olange Order No. 101 101 101 101 Sub-Item No. 101.1 '101.2 101.3 101.4 DATE Page Cool'RAC'!' ()()CUiENTS FOR FlffiNISIi "NO CON~'rnUCT TEHRACE TIE LINE & APPURTENANCES AND PANORN1/\ IJEIGU'fS TIE LINt:, PIlESSURE 'rANK & PUESSURE REUUCEH INS1'ALLATIONS WITli FENCING &. APPUH'l'ENANCES PARTIAL PAYMEN'r REQlmST NO. 1 Contract Percent Amount Description }\Joount Completed Completed 6" AC Pi~ 36,809.66 95% 6" Gate Valve 1,680.00 95% 6" Fire lIy:drant 950.00 100% Conn. to exist 200.00 100% i. --'~'.----- I .i un 101.5 Conn. to exist 101.6 101 ................ --,...--~--Slop!: Trench 202 202.1 12" A.C. Pipe 202 , ................ --..:~---202.2 8" A.C. Pipe 202 202.3 -.-.~.------6" A.C!.-.Ripe ~--~--------------~ ineer'·s Statement We have examined thI~ Payment Request and approve it for payment subject to the noted changes and/or corrections. BY~ ____ _ 200.00 100\ 100.00 100% 10,222.60 95% 80,567.50 95% 4,719.12 95% lbtal Completed = , Less 10% Retention ;;;: Balance = LeSB Pcev l.ous Payments = 2/1/86 I qf 3 Bid Item or Change Order Total 35,045.11 1,596.00 " 950.00 200.00 200.00 100.00 9,711.47 76,539 .. 12 4,483.16 128,824.92 r- COHTRACT [)()(:lJ1ENTS FOR FURNISIf AND CONSTRUCr TERRACE lU'J"';: MNd Pipeline Inc. TIE LINE & J\PPURTENANCES /\NO PJ\NOIlAH/\ lIEIGHTS TIE LINE, PRESSURE TANK & PHESStffiE REDUCER INSTl\L[,l\TIONS WITH FENCING & I\PPUHTENI\NCES PARTIAL PAYMEN'!' REQUgS'r NO. ! aId Item No. or sub-Item Char)g~ Qrder No. No. ,.-_.--~~- Description 202 202 202 202 202 202 20] 202 -~";"'i--" 202.4 6" AC Pl~ 202.5 6" Gate Valve 202.6 6" Gate Valve 202.7 6" Fire lIy:d~ant 202.8 6" Fire Hydrant 202.9 Conn. to exist 202.10 Conn.' to exist -202.11 1" 1\ir Valve ~lneer'8 Statement We have examIned thIs Payment Request and approve it fo[, payment subject to the noted changes and/o~ corrections. By Cont~act Percent /\mount Completed Amount Completed 6,351.52 95~ 2,040.00 -100% - 1,200.00 l00~ 4,750.00 100% 1,000.00 100~' 200.00 100% 200.00 o 200.00 o 'Ibtal Corrpleted Less 10% Retention - Balance = Less Previous rayments = IDrI\L DUE! Bid Item or Change Order Total 6,033.94 2,040.00 1~200.00 4,750.00 1,000.00 200.00 v I I ! Page __ ~ of . 3 COOTRACT OOClJ1ENTS FOR FURNISH AND CQNS'fRUCT TERRACE TIE LINE _ & APPURTENI\NCI:;S AND PANORAMA ttNO Pipeline Inc. IfEIGIITS TIE LINE, PRESSURE TANK & PRESSURE nEDl1CER INSTALLATIONS WITII FENCING & APPURTENANCES. PARTIAL PAYMI::NT HEQ{J(:;ST NO'-1 Bid Item Mo. or Sub-Item Contract Percent }\mount Change Order No. No. Description Amount ~Qll1pl~ t:~ Completed $qH_~_I _ ?Ol Pressur~ Red Sta. 5,000.00 0 .. tk,:h II 202 Pressure Tank 5,000.00 40% ~&;h II 203 203.1 Ff!ncing 1,290.00· 0 Seh II 203 203.2 12" Gates 400.00 0 .~' Seh II 209 203.3 30" Gates 110.00 0 Seh II 204 204.1 Fenc~ng_ 1,830.00 0 Seh II 204 204.2 16" Gate 500.00 0 ! ~h II 204 204.3 30" r~te 170.00 0 ----- Tbtal Completed': ~ineer'9 Statement We have examined this Payment Request a~ approve it for payment subject to the noted changes and/or corrections. By r~ss 10% Retention = Dalance = Less Previous Payments = TOTAL DUB Bid Item or. Change Order Total 2,000.00 '146,048.86 14,604.89 > , . 131,443.97 , .0 ') APPENDIX D IN-KIND REPORTING FOR DWR GRANT VIA SANTA CLARA VALLEY WATER DISTRICT Organization: CITY OF PALO ALTO Project Title: Dedicated Meter Installation Program A2527 DWR Grant In-kind Reporting via SCVWD I Personnel Services: Employee (ClassificationlTitle) I Overhead I Mileage -IRS Rate Only Dates: IGrand Totals Certified by: Name Title City of Palo Alto A2527DWRGrantReporting 12-9 add by KM Raw Labor Hourly Rate (a) Raw Labor Amount (c) Is $/Mile (e) Date Raw Raw Labor Labor Hours Amount (b) (ax b) $ $ $ $ Grant Grant , Qualified Qualified Overhead Overhead % Amount (d) (c x d) # of Miles Amount (I) (e x I) $ $ $ $ $ $ $ $ $ 1$ $ IS In-Kind ,Contributions $ $ $ $ $ IS Is ATTACHMENT F (c) Printed 1/4/2005 10:24 AM