HomeMy WebLinkAboutAgreement A-22-236 with Malaga County Water District.pdf Agreement No. 22-236
1 AGREEMENT
2 THIS AGREEMENT ("Agreement") is made this 7t" day of June 2022
3 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the State
4 of California ("County"), and the MALAGA COUNTY WATER DISTRICT, a special district in the
5 County of Fresno formed under Part 2 of Division 12 of the California Water Code, with a district office
6 located at 3580 South Frank Street, Fresno, CA 93725 ("District").
7 WITNESSETH
8 WHEREAS, the County has been designated as the sponsoring agency to administer and
9 implement the program for the Community Development Block Grant ("CDBG") Program activities
10 of the County, and its participating cities, in accordance with the provisions of Title I of the Housing
11 and Community Development Act of 1974, as amended, and the laws of the State of California;
12 and
13 WHEREAS, CDBG funding has been made available to the County for housing and
14 community development activities; and
15 WHEREAS, the District has submitted the Malaga Wastewater Treatment Plant Nitrogen
16 Reduction, Project No. 21451 ("Project"), for CDBG funding; and
17 WHEREAS, the District has estimated that the total cost of the Project is $250,000, and the
18 District has requested the sum of$250,000 from the County's allocation of CDBG funds; and
19 WHEREAS, at a public hearing conducted on May 11, 2021, the County Board of
20 Supervisors approved the Project on the back-up list, as part of the County's 2021-2022 Action
21 Plan, should funding become available; and
22 WHEREAS, there are now sufficient CDBG funds available to fund the next project on the
23 back-up list, which is this Project; and
24 WHEREAS, the Project is consistent with the objectives of the Fresno County Consolidated
25 Plan, including the annual Action Plan.
26 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
27 District and County agree as follows:
28 I. PROJECT DESCRIPTION, LOCATION AND BUDGET
1
1 A. The Project consists of various aeration, flow, and control system
2 modifications, upgrades, and improvements at the Malaga Wastewater Treatment Plant. The
3 Project will improve treatment efficiency and reduce the effluent nitrogen content, to meet new
4 regulatory requirements and reduce groundwater contamination.
5 B. The Project site is owned by the District.
6 C. The work to be funded with CDBG funds is as follows:
7 1. Obtain all necessary permits.
8 2. Perform all necessary design engineering including, but not limited
9 to, surveying, testing, preparation of plans, specifications, and cost estimates, bid documents and
10 a cost or price analysis, review of bids, and recommendation for award.
11 3. Prepare and advertise Project bid notices and award construction
12 contracts including, but not limited to, the printing of bid documents, publishing of notices, and
13 preparation of bid summary.
14 4. Perform all construction engineering including, but not limited to,
15 shop drawing review and approval, contract change order preparation, surveying, staking,
16 inspection, soil testing, materials testing, preparation of"as-built" drawings, labor compliance, and
17 contract administration.
18 5. Provide related eligible improvements.
19 D. The Project budget is estimated by the District as follows:
20 Construction $180,000
Design & Construction Engineering 45,000
21 Contingency, Permits & Misc. 25,000
Total $250,000
22
23 E. Notwithstanding District's estimates described in the above-described
24 Project budget, payments for the Project from CDBG funds shall be limited to the District's actual
25 costs, and shall not exceed the total amount of$250,000.
26 F. The proposed funding for the Project shall be provided from the following
27 sources:
28 CDBG $250,000
Local Financial Contribution 0
2
Total $250,000
1
G. Prior to any changes that may occur which would modify the scope of the
2
Project, the District shall submit a written request to the County. The District shall send its written
3
request to:
4
Community Development Grants
5 County of Fresno
Department of Public Works and Planning
6 Community Development Division
2220 Tulare Street, 61" Floor
7 Fresno, CA 93721
8
If the Director of the County Department of Public Works and Planning ("Director") determines the
9
modified Project is still eligible under the Federal CDBG regulations, the Director is authorized to
10
permit such modifications. The County shall specify in a letter to the District whether such
11
modifications to the scope of the Project are authorized, and if the District may proceed.
12
II. OBLIGATIONS OF THE COUNTY
13
A. The County shall reimburse the District up to, but not more than, $250,000
14
in CDBG funds for the Project for the District's performance of its obligations under this Agreement.
15
All funds shall be paid in accordance with Section V of this Agreement.
16
B. The County shall review, within thirty (30) calendar days of receipt from the
17
District, the engineer selection process description and summary of the analysis, as prepared by
18
the District, to verify that a competitive process was conducted in accordance with U.S. Department
19
of Housing and Urban Development (HUD) procurement standards. If such conditions have been
20
met, the County shall specify in a letter to the District that these conditions have been met, and
21
that the engineering contract can be awarded.
22
C. The County shall review, within forty-five (45) calendar days of receipt from
23
the District, the design plans and specifications for the Project, as prepared by the District, for
24
compliance with Federal regulations, conformance with applicable code requirements sufficient to
25
allow for construction-related permit issuance, and the total Project cost estimate, to ensure
26
sufficient funds are available to complete the Project. If such conditions have been met, the County
27
shall specify in a letter to the District that these conditions have been met and that the Project can
28
be advertised.
3
1 D. The County shall also review, within twenty-one (21) calendar days of
2 receipt from the District, the name of the low bidder, and cost or price analysis of the low bid
3 proposal prepared by the District, to determine whether the contractor will be reasonably
4 compensated in accordance with Federal requirements, and to verify that the contractor is bonded,
5 and has not been disbarred or suspended from participating in Federal projects. The County shall
6 specify in a letter to the District that the conditions of this Section II(D) have been met, and that the
7 contract can be awarded.
8 E. The County shall attend the pre-construction meeting between the District
9 and the contractor to discuss labor compliance requirements for the Project, Project monitoring,
10 and to inform the District and contractor that the County will conduct field reviews to ensure labor
11 compliance and other conditions of the construction contract are being met.
12 F. The County shall conduct periodic inspections of the Project, as may be
13 required, in the determination of the County, to ensure that the intended use and group of
14 beneficiaries of the Project have not changed. Upon completion of the Project, but prior to the
15 District's acceptance of the Project, the County shall conduct a final inspection of the Project. If
16 such conditions have been met, the County shall specify in a letter to the District that these
17 conditions have been met.
18 III. OBLIGATIONS OF THE DISTRICT
19 A. The District shall provide any and all sums of money in excess of$250,000
20 which may be necessary to complete the Project. For the purposes of awarding the construction
21 of the Project within the Agreement amount, the bid documents shall include any proposed additive
22 or deduct alternatives.
23 B. The District shall demonstrate in writing, and to the County's satisfaction,
24 that it has the authority, operational ability, and financial resources for maintaining the
25 improvements constructed with CDBG funds under this Agreement, prior to award of construction
26 of the Project.
27 C. The District shall perform, or cause to be performed, all engineering work
28 required for the Project.
4
1 D. In selecting an engineer to perform any engineering work required for the
2 Project, the District shall go through a competitive process in accordance with Chapter 4.10 of the
3 Ordinance Code of Fresno County, and HUD procurement standards. Prior to selection of the
4 engineer, the District shall prepare a written description of the process, perform a cost or price
5 analysis, and submit the process description and summary of the analysis to the County
6 Community Development Division for review. The District shall obtain a letter from the County
7 specifying that the conditions of this Section have been met.
8 E. The District shall specify in agreements with its consultants that all
9 engineering work funded with CDBG funds shall become the property of the District upon payment
10 by the District for the cost of such engineering work.
11 F. The District shall furnish evidence to County, prior to the County's
12 authorization to advertise for bids, that it has free and clear title to all parcels of real property on
13 which Project improvements will be located, with any liens or encumbrances noted, and/or that it
14 has obtained or can obtain all necessary easements, rights-of-way, licenses, permits, and State
15 and local approvals required for the completion of the Project.
16 G. Upon completion of the design engineering, the District shall submit the
17 plans and specifications to the County Community Development Division. The County will ensure
18 Federal CDBG requirements have been adhered to, and review cost estimates, to ensure sufficient
19 funds are available. The District shall obtain a letter from the County specifying these conditions
20 have been met, and that the District is approved to advertise for bids to construct the Project.
21 H. The District shall advertise for bids, and shall award the construction
22 contract to the lowest responsible bidder. At least ten (10) calendar days prior to the bid opening,
23 the District shall notify the County of the date, time, and location of the bid opening.
24 I. Within seven (7) calendar days following the bid opening, the District shall
25 furnish the Community Development Division with the name of the low bidder, and cost or price
26 analysis of the low bid proposal prepared by the District, so that the County may verify with the
27 Labor Relations and Equal Opportunity Division of the HUD Area Office that the low bidder has not
28 been debarred or suspended from participating in Federal projects, and that the contractor will be
5
1 reasonably compensated in accordance with Federal requirements. The District shall obtain a
2 letter from the County specifying these conditions have been met, and that the District is approved
3 to award the Project for construction.
4 J. The District shall conduct a pre-construction meeting with the contractor,
5 and shall notify the County Community Development Division at least ten (10) calendar days prior
6 to the meeting so a representative of the County may attend to discuss CDBG labor compliance
7 requirements for the Project.
8 K. The District shall require the contractor, and all subcontractors, to submit
9 labor compliance documentation, including Certified Payroll, in the manner specified by the
10 County's Labor Compliance Officer, including the use of electronic systems such as LCPtracker.
11 L. Prior to the construction start date, the District shall give written notice
12 thereof to the County Community Development Division, to include a copy of the executed contract
13 between the District and the Contractor and the Notice to Proceed.
14 M. Concurrent with the submission of the first construction progress payment
15 request, the District shall provide documentation demonstrating that all construction-related
16 required permits have been issued by the County.
17 N. All proposed construction contract change orders shall not proceed until
18 prior written approval has been given by the County. Request for approval of a change order(s)
19 shall include a narrative description of the work, a cost or price analysis in accordance with HUD
20 requirements, a map depicting the location of the work addressed with the requested change order,
21 and a written certification from the District that the approval of the change order is consistent with
22 the final construction cost estimate approved by the County. In addition, the District shall certify
23 that the change order is within the scope of the Project and is necessary to complete the Project.
24 O. The District shall send its written description of the engineer selection
25 process, cost or price analyses, design plans, specifications, name of low bidder and low bid
26 proposal, public notices, and all written correspondence to:
27 Community Development Grants
County of Fresno
28 Department of Public Works and Planning
Community Development Division
6
2220 Tulare Street, 6th Floor
1 Fresno, CA 93721
2
P. The District shall comply with the mitigation measures, conditions and notes
3
identified in Environmental Review No. 8161 (the "Assessment). A copy of the Assessment shall
4
be provided to the District.
5
Q. Upon completion of the Project, the District shall notify the County
6
Community Development Division so a representative of the Division may perform an inspection
7
of the Project to determine that it was completed in accordance with the scope of work approved
8
and authorized pursuant to this executed Agreement.
9
R. Upon approval of Project completion by the County, the District shall provide
10
the County Community Development Division with a resolution of acceptance, or similar
11
documentation, demonstrating that the Project was completed in accordance with the scope of
12
work approved and authorized pursuant to this executed Agreement, and any approved
13
subsequent amendments and/or change orders, and that the District has accepted the Project.
14
Prior to the final request for payment, the District shall also provide the County with a copy of the
15
recorded Notice of Completion (NOC), a written summary of all Project work completed with CDBG
16
and other funds, and documentation to demonstrate compliance with Section 3 of the Housing and
17
Urban Development Act of 1968, as amended.
18
S. During the contract period, the District shall complete and submit annually
19
on June 1, and upon completion of the Project, a Project Outcome Measurement Report (POM)
20
form, a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. The
21
POM shall contain the following information for the County's Federal reporting purposes to the
22
U.S. Department of Housing and Urban Development (HUD):
23
1. Total number of households/persons assisted.
24
2. Number of total households/persons assisted that:
25
a. Now have new access to this type of public facility or
26
infrastructure improvement.
27
b. Now have improved access to this type of public facility or
28
infrastructure improvement.
7
1 C. Now are served by public facility or infrastructure that is no
2 longer substandard.
3 T. The District shall be responsible for maintenance of the Project after
4 construction is completed, and shall perform such maintenance from non-CDBG resources.
5 U. The District must inform the County in writing of any program income
6 generated by the expenditure of CDBG funds. Any program income generated as a result of the
7 Project must be paid to the County. For purposes of this Agreement, program income is defined
8 as proceeds from the disposition of CDBG-acquired real property, and principal and interest on
9 CDBG loans. If the District contributed financially to the improvement Project, the District may
10 retain a share of the program income in proportion to the District's contribution to the Project, after
11 the District has provided a written accounting acceptable to the County.
12 V. The District must obtain prior written approval from the County before
13 making any modification or change in the use of any real property improved, in whole or in part,
14 using CDBG funds in excess of$25,000. The District shall provide affected citizens with notice of,
15 and opportunity to comment on, any proposed change to the use of real property improved with
16 CDBG funds. If any real property improved with CDBG funds is sold and/or is utilized by the District
17 for a use which does not qualify under the CDBG Program, the District shall reimburse the County
18 in an amount equal to the current fair market value for the property, less any proportional share
19 thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in
20 effect for five years after the Project is completed in HUD's Integrated Disbursement and
21 Information System (IDIS). In the event the CDBG program is closed out, the requirements of this
22 Section shall remain in effect for activities or property funded with CDBG funds, unless action is
23 taken by the Federal government to relieve the District of these obligations.
24 W. The District acknowledges that the County may periodically inspect the
25 Project to ensure that the property is being used as described in this Agreement. The District
26 agrees to provide any necessary information to the County to carry out such inspections.
27 Furthermore, the District agrees to take corrective action if the County determines that
28 modifications to the use and location of the Project have resulted in a violation of the Federal
8
1 CDBG regulations.
2 IV. CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS
3 A. The District shall, and shall cause its consultants, contractors, and
4 subcontractors to, comply with all applicable State and Federal laws and regulations governing the
5 Project.
6 B. Whenever the District uses the services of a contractor, the District shall
7 require that the contractor comply with all Federal, State and local laws, ordinances, regulations,
8 and Fresno County Charter provisions applicable in the performance of their work.
9 C. This Project is subject to the requirements of Section 3 of the Housing and
10 Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u). Accordingly, the District shall
11 require the prime contractor to complete and submit documentation prior to award of the
12 construction contract and upon Project completion that compliance with the Section 3 clause has
13 been met.
14 D. Non-Discrimination: The District agrees to comply with the non-
15 discrimination in employment and contracting opportunities laws, regulations, and executive orders
16 referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-
17 discrimination provisions in Section 109 of the Housing and Community Development Act of 1974
18 are still applicable.
19 E. Because the District is receiving at least $100,000 for this Project from the
20 County's CDBG Program under this Agreement, the District shall complete and submit to the
21 County Community Development Division a "Certification of Payments to Influence Federal
22 Transactions" form and a "Standard Form LLL - Disclosure of Lobbying Activities" form. Likewise,
23 before the District awards a contract using at least$100,000 of such CDBG funds, the District shall
24 require the consultant and/or contractor and all their sub-consultants and/or subcontractors to
25 complete and submit these two (2) forms described hereinabove to both the District and the
26 County.
27 F. Records Retention: The District shall retain all financial records, supporting
28 documents, statistical records, and all other records pertinent to this Agreement for a period of four
9
1 (4) years from the date of the submission of the County's consolidated annual performance and
2 evaluation report to HUD in which the activities assisted under this Agreement are reported on for
3 the final time. If there is litigation, claims, audits, negotiations, or other actions that involve any of
4 the records cited, and that have started before the expiration of the four-year record retention
5 period, such records must be retained until completion of the actions and resolution of all issues,
6 or the expiration of the four-year period, whichever occurs later (24 CFR 570.502, 570.503(b)(2),
7 570.506).
8 V. PAYMENT FOR THE PROJECT
9 A. At monthly intervals, the District shall submit a written request to the County
10 for payment of specified costs incurred in the performance of this Agreement. The request for the
11 County to make such a payment shall be in accordance with the exemplar Project Pay Request
12 Form, attached as Exhibit 2, and incorporated by this reference. The request shall also be
13 accompanied by a written certification from the District that the request for payment is consistent
14 with the amount of work that has been completed, and that the work is in accordance with the
15 construction contract documents and this Agreement. The request for payment shall also be
16 accompanied by documentation acceptable to the County, such as checks, invoices, or vouchers
17 for services or materials purchased, contractor's costs, or other costs chargeable to the Project.
18 The first construction progress payment request shall also be accompanied by documentation
19 demonstrating that all construction-related required permits have been issued by the County. After
20 appropriate review and inspection, the County shall make payment from CDBG funds provided in
21 this Agreement for all eligible costs specified herein up to the maximum amount payable under
22 Section I.
23 B. Any savings realized in the final cost of the Project, due to Project cost
24 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce
25 the amount of this Project paid for with CDBG funds.
26 C. Payment for advertising and award shall be based on the actual costs of
27 printing and noticing.
28 D. The County shall not be bound by any agreement between the District and
10
1 its agents.
2 E. The County may withhold payment of the final payment request made by
3 the District until evidence is submitted to the County that a maintenance plan has been prepared
4 and adopted for the improvements constructed with CDBG funds.
5 F. Upon the completion of the Project, the District shall submit to the
6 County Community Development Division a written request for final payment of costs, which
7 shall provide a detailed description of the Project pay items and costs. The final pay request
8 shall be in accordance with Exhibit 2. The County shall not be obligated to make any payments
9 under this Agreement if the request for payment is submitted by the District more than sixty
10 (60) days after the Notice of Completion has been filed with the County Recorder's Office. An
11 extension to the sixty (60) day period may be granted by the Director prior to the deadline if the
12 District can demonstrate just cause for the delay.
13 G. The County may withhold payment of the final payment request made by
14 the District until a final POM, recorded NOC, written summary of all Project work completed with
15 CDBG and other funds, and evidence of compliance with the Section 3 clause, as specified in
16 Sections III-R and IV-C, have been submitted to the County.
17 H. All requests for payment and supporting documentation shall be sent to:
18 Business Manager
County of Fresno
19 Department of Public Works and Planning
Financial Services Division
20 2220 Tulare Street, 6t" Floor
Fresno, CA 93721
21
22 I. The District shall establish accounting and bookkeeping procedures in
23 accordance with standard accounting and bookkeeping practices, including, but not limited to,
24 employee timecards; payrolls; and other records of all transactions to be paid with CDBG funds in
25 accordance with the performance of this Agreement. All records and accounts shall be available
26 for inspection by the County, the State of California, if applicable, the Comptroller General of the
27 United States, and HUD or any of their duly authorized representatives at all reasonable times for
28 a period as specified in Section IV-F. The District shall certify accounts when required or requested
11
1 by the County.
2 J. The District, as a subrecipient of Federal financial assistance, is required to
3 comply with the provisions of the Single Audit Act Amendments of 1996 (31 U.S.C. Sections 7501
4 et seq.). Whenever the District receives CDBG funds from the County for the Project, a copy of
5 any audit performed by the District in accordance with said Act shall be forwarded to the County
6 Community Development Grants Program Manager within nine (9) months of the end of any
7 District fiscal year in which funds were expended and/or received for the Project. Failure to perform
8 the requisite audit functions as required by this paragraph may result in the County performing any
9 necessary audit tasks or, at the County's option, the County contracting with a public accountant
10 to perform the audit. All audit costs related to the District's failure to perform the requisite audit are
11 the sole responsibility of the District, and such audit work costs incurred by the County shall be
12 billed to the District, as determined by County's Auditor-Controller/Treasurer-Tax Collector. In the
13 event the District is only required to perform an audit under the provisions of the Act because the
14 District is receiving CDBG funds, the County may perform, or cause to be performed, the required
15 audit to determine whether funds provided through this Agreement have been expended in
16 accordance with applicable laws and regulations. Any audit-related costs incurred by the County
17 under this provision shall be charged to the County CDBG Program. The District agrees to take
18 prompt and appropriate corrective action on any instance of material non-compliance with
19 applicable laws and regulations.
20 K. The District shall send a copy of the audit to:
21 Community Development Grants
County of Fresno
22 Department of Public Works and Planning
Community Development Division
23 2220 Tulare Street, 6th Floor
Fresno, CA 93721
24
25 VI. INDEMNIFICATION
26 The District shall indemnify, defend, and save harmless the County, its officers,
27 agents, and employees from and against any and all damages, claims, and losses whatsoever
28 (including attorney's fees and costs) occurring or resulting to persons, firms, or corporations
12
1 furnishing or supplying work, services, materials, or supplies in connection with the performance
2 of this Agreement, and from any and all damages, claims, and losses (including attorney's fees
3 and costs) occurring or resulting to any person, firm, or corporation for damage, injury, or death
4 arising out of or connected with the District's performance of, or failure to perform, its obligations
5 under this Agreement. The provisions of this Section VI shall survive the expiration or termination
6 of this Agreement.
7 VI I. TIME OF PERFORMANCE
8 A. The following schedule shall commence on the date this Agreement is
9 executed by the County:
10 1. Complete Design Engineering and Submit to the County for Review
11 — November 11, 2022.
12 2. Complete County Review and Approval of Plans — March 6, 2023.
13 3. Begin Advertising for Bids — March 11, 2023.
14 4. Award Construction Contract— May 23, 2023.
15 B. The Project shall be completed, and Notice of Completion shall be filed with
16 the Fresno County Recorder's Office, no later than April 12, 2024.
17 C. The final POM Report, written summary of all work completed,
18 documentation demonstrating compliance with the Section 3 clause, and request for final payment
19 shall be submitted to the County no later than June 12, 2024.
20 D. The District shall give immediate written notification to the County
21 Community Development Division of any events that occur which may affect the above time
22 schedule and completion date and the time schedule specified in the contract documents, or any
23 event that may have significant impact upon the Project or affect the attainment of the Project's
24 objectives. The Director is authorized to adjust the above schedule if, in the Director's judgment,
25 any delay is beyond the control of the parties involved.
26 E. Time is of the essence in the District's performance of this Agreement.
27 Vill. BREACH OF AGREEMENT
28 In the event the District fails to comply with any of the terms of this Agreement, the
13
1 County may, at its option, deem the District's failure a material breach of this Agreement, and utilize
2 any remedies permitted by law that the County deems appropriate. Should the County deem a
3 breach of this Agreement material, the County shall immediately be relieved of its obligations to
4 make further payment as provided herein. Termination of this Agreement due to breach shall not,
5 in any way whatsoever, limit the rights of the County in seeking any other legal relief in a court of
6 law or equity, including the recovery of damages. In addition to the termination of the Agreement
7 by the County due to a material breach of this Agreement by the Subrecipient, the County may
8 also terminate this Agreement for convenience, in accordance with state and federal law.
9 IX. TERMINATION OF PROJECT
10 A. If the District decides to cancel the Project covered by this Agreement, the
11 District shall submit a request in writing to the County Department of Public Works and Planning,
12 Community Development Division explaining just cause for the request. The Director is authorized
13 to approve such a request if, in the Director's judgment, there is just cause for the Project's
14 cancellation.
15 B. If the District's request to cancel the Project covered by this Agreement is
16 approved by the Director, the District shall promptly return to the County all CDBG funds paid by
17 the County to the District pursuant to this Agreement.
18 X. VENUE; GOVERNING LAW
19 Venue for any action arising out of or relating to this Agreement shall only be in
20 Fresno County, California. The rights and obligations of the parties and all interpretation and
21 performance of this Agreement shall be governed in all respects by the laws of the State of
22 California.
23 XI. ENTIRE AGREEMENT
24 This Agreement constitutes the entire agreement between the District and the
25 County with respect to the subject matter hereof, and supersedes all previous negotiations,
26 proposals, commitments, writings, advertisements, publications, and understandings of any nature
27 whatsoever unless expressly included in this Agreement.
28
14
1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth
2 on page one of this Agreement.
3
4 MALAGA COUNTY WATER DISTRICT COUNTY OF FRESNO
5
6 By: iL0j.
PresidentTup intendent/ Brian Pacheco, Chairman of the
7 Chairman/Manager Board of Supervisors of the
8 County of Fresno
9 Date: Cal 2f2 Date: (0l1/2 2
10 ATTEST:
11 Bernice E. Seidel
Clerk of the Board of Supervisors
12 County of Fresno, State of California
13 By:
uN�M a z
14 p Y
15
16
17 REMIT TO:
18 FUND NO: 0001
SUBCLASS NO: 10000 Malaga County Water District
19 ORG NO: 7205 Attention: Moises Ortiz, District Manager
ACCOUNT NO: 7885 3580 S. Frank Street
20 PROJECT NO: N21451 Fresno, CA 93725
ACTIVITY CODE: 7219 Telephone: (559) 485-7353
21
22
S W:JA
23 G:\7205ComDev\—Agendas-Agreements\2022\0607_Malaga WWTP Nitrogen Reduction CDBG21451_AGT.docx
April 22,2022
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Exhibit 1
County of Fresno
Project Outcome Measurement Report
Project#: Project Name:
The County of Fresno is required to submit information annually on each project funded
with Community Development Block Grant (CDBG) funds, per U.S. Department of
Housing and Urban Development (HUD) guidelines. As a recipient of CDBG funds from
the County, the County requests that you provide the following information:
1. Years Reported: through
2. Enter the number of persons assisted that:
a. Now have new access to this type of public facility or infrastructure
improvement: or N/A
(New access to a public facility or infrastructure is when the facility did not
previously exist and is provided for the first time.)
b. Now have improved access to this type of public facility or infrastructure
improvement: or N/A
(Improved access to a public facility or infrastructure is when the facility or
infrastructure is improved or expanded, enabling the grantee to expand
the number of people or type of service the facility provides.)
C. Are served by this public facility or infrastructure improvement that is no
longer substandard: or N/A
(A public facility or infrastructure is no longer substandard when the
CDBG funds were used to meet a quality standard, or measurably
improve the quality of the facility or infrastructure.)
(Note: The numbers of persons entered in a, b, and c, above, must add up to
the total number of persons entered in question 3.)
3. Total number of persons assisted:
4. Please describe the accomplishments made on this project in the past year (i.e.
construction progress). If the project is complete, please describe the overall
accomplishments made on the project.
Form Completed By:
G:\7205ComDev\—Agendas-Agreements\2022\0607_Malaga WWTP Nitrogen Reduction CDBG21451_AGT.docx
April 11,2022
Exhibit 2
Project Pay Request
Date
Business Manager
County of Fresno
Department of Public Works and Planning
Financial Services Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
Subject: Request for Payment, CDBG Project No.
<District Name>
<Project Title>
In accordance with the executed Agreement for the above-referenced project, the <District
Name> is requesting payment of$ for project costs.
The District certifies that this request for payment is consistent with the amount of work that
has been completed to date, performed in accordance with the construction contract
documents and the executed Agreement, and as evidenced by the enclosed invoices and
supporting documents.
Payee Invoice # Amount
Sincerely,
<District Manager>
<District Name>
Enclosure(s)
G:\7205ComDev\—Agendas-Agreements\2022\0607_Malaga WWTP Nitrogen Reduction CDBG21451_AGT.docx
April 11,2022