HomeMy WebLinkAboutAgreement A-23-340 with Tranquillity Public Utility District.pdf 23-0414 Agreement No. 23-340
1 AGREEMENT
2 THIS AGREEMENT ("Agreement") is made this 20th day of June 2023
3 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the State
4 of California ("County"), and the TRANQUILLITY PUBLIC UTILITY DISTRICT ("District").
5 WITNESSETH
6 WHEREAS, the County has been designated as the sponsoring agency to administer and
7 implement the program for the Community Development Block Grant ("CDBG") Program activities
8 of the County, and its participating cities, in accordance with the provisions of Title I of the Housing
9 and Community Development Act of 1974, as amended, and the laws of the State of California;
10 and
11 WHEREAS, CDBG funding has been made available to the County for housing and
12 community development activities; and
13 WHEREAS, the District has submitted the Tranquillity Wastewater Treatment Plant
14 Headworks, Project No. 21711 ("Project"), to the County for CDBG funding; and
15 WHEREAS, the District has estimated that the total cost of the Project is $241,500, and the
16 District has requested the sum of$241,500 from the County's allocation of CDBG funds; and
17 WHEREAS, the County Board of Supervisors, at a public hearing conducted on May 11,
18 2021, approved as part of approving the County's 2021-2022 Annual Action Plan, the Project on
19 the back-up list should funding become available; and
20 WHEREAS, there are now sufficient CDBG funds available to fund the next project on the
21 back-up list, which is this Project; and
22 WHEREAS, the Project is consistent with the objectives of the Fresno County Consolidated
23 Plan, including the 2021-2022 Annual Action Plan.
24 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
25 District and County agree as follows:
26 I. PROJECT DESCRIPTION, LOCATION AND BUDGET
27 A. The District will install a package headworks at the existing Tranquillity
28 Wastewater Treatment Plant (WWTP), which is owned by the District. The package headworks
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1 includes screens to remove inorganic material, wipes, and other materials that do not decompose,
2 or decompose very slowly, and prevent their discharge into the existing treatment ponds. The
3 Project will not change plant treatment capacity. The WWTP is located on the east side of Levee
4 Road, between James Road and Morton Avenue alignment in the unincorporated community of
5 Tranquillity.
6 B. The Project site is owned by the District.
7 C. The work to be funded with CDBG funds is as follows:
8 1. Obtain all necessary permits.
9 2. Perform all necessary design engineering including, but not limited
10 to, surveying, testing, preparation of plans, specifications, and cost estimates, bid documents and
11 a cost or price analysis, review of bids, and recommendation for award.
12 3. Prepare and advertise Project bid notices and award construction
13 contracts including, but not limited to, the printing of bid documents, publishing of notices, and
14 preparation of bid summary.
15 4. Perform all construction engineering including, but not limited to,
16 shop drawing review and approval, contract change order preparation, surveying, staking,
17 inspection, soil testing, materials testing, preparation of"as-built" drawings, labor compliance, and
18 contract administration.
19 5. Provide related eligible improvements.
20 D. The Project budget is estimated by the District as follows:
21 Construction $185,500
Design & Construction Engineering 47,500
22 Contingency, Permits & Misc. 8,500
Total $241,500
23
24 E. Notwithstanding District's estimates described in the above-described
25 Project budget, payments for the Project from CDBG funds shall be limited to the District's actual
26 costs, and in any event shall not exceed the total amount of $241,500. In the event CDBG funds
27 are not sufficient, the District shall in any event complete the Project using its own funds.
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1 F. The proposed funding for the Project shall be provided from the following
2 sources:
CDBG $241,500
3 In the even CDBG funds are not sufficient, the District shall
in any even complete the Project using its own funds.
4
G. Prior to any proposed changes that may occur which would modify the
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scope of the Project, the District shall submit a written request to the County. The District shall
6
send its written request to:
7
Community Development Grants
8 County of Fresno
Department of Public Works and Planning
9 Community Development Division
2220 Tulare Street, 61h Floor
10 Fresno, CA 93721
11
If the Director of the County Department of Public Works and Planning ("Director") determines the
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modified Project is still eligible under the Federal CDBG regulations, the Director is authorized to
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permit such modifications. The Director shall specify in a letter to the District whether such
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modifications to the scope of the Project are authorized, and if the District may proceed.
15
II. OBLIGATIONS OF THE COUNTY
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A. The County shall reimburse the District up to, but not more than, $241,500
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in CDBG funds for the Project for the District's performance of its obligations under this Agreement.
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All funds shall be paid in accordance with Section V of this Agreement.
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B. The County shall review, within thirty (30) calendar days of receipt from the
20
District, the engineer selection process description and summary of the analysis as prepared by
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the District to verify that a competitive process was conducted in accordance with U.S. Department
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of Housing and Urban Development (HUD) procurement standards. If such conditions have been
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met, the County shall specify in a letter to the District that these conditions have been met, and
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that the engineering contract can be awarded.
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C. The County shall review, within forty-five (45) calendar days of receipt from
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the District, the design plans and specifications for the Project, as prepared by the District, for
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compliance with Federal regulations, conformance with applicable code requirements sufficient to
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allow for construction-related permit issuance, and the total Project cost estimate, to determine
3
1 whether sufficient funds are available to complete the Project. If such conditions have been met,
2 the County shall specify in a letter to the District that these conditions have been met and that the
3 Project can be advertised. If such conditions have not been met, the Project will not move forward
4 unless the District receives an approval letter from the County.
5 D. The County shall also review, within twenty-one (21) calendar days of
6 receipt from the District, the name of the low bidder, and cost or price analysis of the low bid
7 proposal prepared by the District to determine whether the contractor will be reasonably
8 compensated in accordance with Federal requirements, and to verify that the contractor is bonded,
9 and has not been disbarred or suspended from participating in Federal projects. If such conditions
10 have been met, the County shall specify in a letter to the District that these conditions have been
11 met, and that the contract can be awarded. If such conditions have not been met, the Project will
12 not move forward unless the District receives an approval letter from the County.
13 E. The County shall attend the pre-construction meeting between the District
14 and the contractor to discuss labor compliance requirements for the Project, Project monitoring,
15 and to inform the District and contractor that the County will conduct field reviews to determine
16 whether labor compliance and other conditions of the construction contract are being met.
17 F. The County shall conduct periodic inspections of the Project, as may be
18 required, in the determination of the County, that the intended use and group of beneficiaries of
19 the Project, as identified by the District in the application, have not changed. Upon completion of
20 the Project, but prior to the District's acceptance of the Project, the County shall conduct a final
21 inspection of the Project. If such conditions have been met, the County shall specify in a letter to
22 the District that these conditions have been met. If such conditions have not been met, the Project
23 will not move forward unless the District receives an approval letter from the County.
24 G. Notwithstanding anything to the contrary in this Section II or Section III of
25 this Agreement, the County's determinations and actions under this Section II and Section III of
26 this Agreement are solely for the benefit of the County, as the provider of the CDBG funding stated
27 herein, and do not relieve the District of its obligations, or lessen the District's obligations, under
28 this Agreement.
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2 III. OBLIGATIONS OF THE DISTRICT
3 A. The District shall provide any and all sums of money in excess of$241,500
4 which may be necessary to complete the Project. For the purposes of awarding the construction
5 of the Project within the Agreement amount, the bid documents shall include any proposed additive
6 or deduct alternatives.
7 B. The District shall demonstrate in writing, and to the County's satisfaction,
8 that it has the authority, operational ability, and financial resources for maintaining the
9 improvements constructed with CDBG funds under this Agreement prior to award of construction
10 of the Project.
11 C. The District shall perform, or cause to be performed, all engineering work
12 required for the Project.
13 D. In selecting an engineer to perform any engineering work required for the
14 Project, the District shall go through a competitive process in accordance with Chapter 4.10 of the
15 Ordinance Code of Fresno County, and HUD procurement standards. Prior to selection of the
16 engineer, the District shall prepare a written description of the process, perform a cost or price
17 analysis, and submit the process description and summary of the analysis to the County
18 Community Development Division for review. The District shall obtain a letter from the County
19 specifying that the conditions of this Section have been met.
20 E. The District shall specify in agreements with its consultants that all
21 engineering work funded with CDBG funds shall become the property of the District upon payment
22 by the District for the cost of such engineering work.
23 F. The District shall furnish evidence to County, to the satisfaction of the
24 County, prior to the County's authorization to advertise for bids, that it has free and clear title to all
25 parcels of real property on which Project improvements will be located, with any liens or
26 encumbrances noted, and/or that it has obtained or can obtain all necessary easements, rights-of-
27 way, licenses, permits, and State and local approvals required for the completion of the Project.
28 G. Upon completion of the design engineering, the District shall submit the
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1 plans and specifications to the County Community Development Division. The County will ensure
2 Federal CDBG requirements have been adhered to and review cost estimates to ensure sufficient
3 funds are available. The District shall obtain a letter from the County specifying these conditions
4 have been met and that the District is approved to advertise for bids to construct the Project.
5 H. The District shall advertise for bids, and shall award the construction
6 contract to the lowest responsible bidder. At least ten (10) calendar days prior to the bid opening,
7 the District shall notify the County of the date, time, and location of the bid opening.
8 I. Within seven (7) calendar days following the bid opening, the District shall
9 furnish the Community Development Division with the name of the low bidder and cost or price
10 analysis of the low bid proposal prepared by the District, so that the County may verify with the
11 Labor Relations and Equal Opportunity Division of the HUD Area Office that the low bidder has not
12 been debarred or suspended from participating in Federal projects, and that the contractor will be
13 reasonably compensated in accordance with Federal requirements. The District shall obtain a
14 letter from the County specifying these conditions have been met, and that the District is approved
15 to award the Project for construction.
16 J. The District shall conduct a pre-construction meeting with the contractor,
17 and shall notify the County Community Development Division at least ten (10) calendar days prior
18 to the meeting so a representative of the County may attend to discuss CDBG labor compliance
19 requirements for the Project.
20 K. The District shall require the contractor, and all subcontractors, to submit
21 labor compliance documentation, including Certified Payroll, in the manner specified by the
22 County's Labor Compliance Officer, including the use of electronic systems such as LCPtracker.
23 L. Prior to the construction start date, the District shall give written notice
24 thereof to the County Community Development Division, to include a copy of the executed contract
25 between the District and the Contractor and the Notice to Proceed.
26 M. Concurrent with the submission of the first construction progress payment
27 request, the District shall provide documentation demonstrating that all construction-related
28 required permits have been issued by the County.
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1 N. All proposed construction contract change orders shall not proceed until
2 prior written approval has been given by the County. Request for approval of a change order(s)
3 shall include a narrative description of the work, a cost or price analysis in accordance with HUD
4 requirements, a map depicting the location of the work addressed with the requested change order,
5 and a written certification from the District that the approval of the change order is consistent with
6 the final construction cost estimate approved by the County. In addition, the District shall certify
7 that the change order is within the scope of the Project and is necessary to complete the Project.
8 O. The District shall send its written description of the engineer selection
9 process, cost or price analyses, design plans, specifications, name of low bidder and low bid
10 proposal, public notices, and all written correspondence to:
11 Community Development Grants
County of Fresno
12 Department of Public Works and Planning
Community Development Division
13 2220 Tulare Street, 6th Floor
Fresno, CA 93721
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P. The District shall comply with the mitigation measures, conditions and notes
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identified in Environmental Assessment No. 8209 (the "Assessment'). A copy of the Assessment
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shall be provided to the District.
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Q. Upon completion of the Project, the District shall notify the County
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Community Development Division so a representative of that Division may perform an inspection
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of the Project to determine that it was completed in accordance with the scope of work approved
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and authorized pursuant to this executed Agreement.
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R. Upon approval of Project completion by the County, the District shall provide
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the County Community Development Division with a resolution of acceptance, or similar
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documentation, demonstrating that the Project was completed in accordance with the scope of
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work approved and authorized pursuant to this executed Agreement, and any approved
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subsequent amendments and/or change orders, and that the District has accepted the Project.
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Prior to the final request for payment, the District shall also provide the County with a copy of the
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recorded Notice of Completion (NOC), a written summary of all Project work completed with CDBG
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and other funds, and documentation to demonstrate compliance with Section 3 of the Housing and
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1 Urban Development Act of 1968, as amended.
2 S. During the contract period, the District shall complete and submit annually
3 on June 1, and upon completion of the Project, a Project Outcome Measurement Report (POM)
4 form, a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. The
5 POM shall contain the following information for the County's Federal reporting purposes to the
6 U.S. Department of Housing and Urban Development (HUD):
7 1. Total number of households/persons assisted.
8 2. Number of total households/persons assisted that:
9 a. Now have new access to this type of public facility or
10 infrastructure improvement.
11 b. Now have improved access to this type of public facility or
12 infrastructure improvement.
13 C. Now are served by public facility or infrastructure that is no
14 longer substandard.
15 T. The District shall be responsible for maintenance of the Project after
16 construction is completed, and shall perform such maintenance from non-CDBG resources.
17 U. The District must inform the County in writing of any program income
18 generated by the expenditure of CDBG funds. Any program income generated as a result of the
19 Project must be paid to the County. For purposes of this Agreement, program income is defined
20 as proceeds from the disposition of CDBG-acquired real property, and principal and interest on
21 CDBG loans. If the District contributed financially to the improvement Project, the District may
22 retain a share of the program income in proportion to the District's contribution to the Project, after
23 the District has provided a written accounting acceptable to the County.
24 V. The District must obtain prior written approval from the County before
25 making any modification or change in the use of any real property improved, in whole or in part,
26 using CDBG funds in excess of$25,000. The District shall provide affected citizens with notice of,
27 and opportunity to comment on, any proposed change to the use of real property improved with
28 CDBG funds. If any real property improved with CDBG funds is sold and/or is utilized by the District
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1 for a use which does not qualify under the CDBG Program, the District shall reimburse the County
2 in an amount equal to the current fair market value for the property, less any proportional share
3 thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in
4 effect for five (5) years after the Project is completed in HUD's Integrated Disbursement and
5 Information System (IDIS). In the event the CDBG program is closed out, the requirements of this
6 Section shall remain in effect for activities or property funded with CDBG funds, unless action is
7 taken by the Federal government to relieve the District of these obligations.
8 W. The District acknowledges that the County may periodically inspect the
9 Project to ensure that the property is being used as described in this Agreement. The District
10 agrees to provide any necessary information to the County to carry out such inspections.
11 Furthermore, the District agrees to take corrective action if the County determines that
12 modifications to the use and location of the Project have resulted in a violation of the Federal
13 CDBG regulations.
14 IV. CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS
15 A. The District shall, and shall cause its consultants, contractors, and
16 subcontractors to, comply with all applicable State and Federal laws and regulations governing the
17 Project.
18 B. Whenever the District uses the services of a contractor, the District shall
19 require that the contractor comply with all Federal, State and local laws, ordinances, regulations,
20 and Fresno County Charter provisions applicable in the performance of their work.
21 C. This Project is subject to the requirements of Section 3 of the Housing and
22 Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u). Accordingly, the District shall
23 require the prime contractor to complete and submit documentation prior to award of the
24 construction contract and upon Project completion, that compliance with the requirements of
25 Section 3 of the Housing and Urban Development Act of 1968 clause have been met.
26 D. Non-Discrimination: The District agrees to comply with the non-
27 discrimination in employment and contracting opportunities laws, regulations, and executive orders
28 referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-
9
1 discrimination provisions in Section 109 of the Housing and Community Development Act of 1974
2 are still applicable.
3 E. Because the District is receiving at least $100,000 for this Project from the
4 County's CDBG Program under this Agreement, the District shall complete and submit to the
5 County Community Development Division a "Certification of Payments to Influence Federal
6 Transactions" form and a "Standard Form LLL - Disclosure of Lobbying Activities" form. Likewise,
7 before the District awards a contract using at least$100,000 of such CDBG funds, the District shall
8 require the consultant and/or contractor and all their sub-consultants and/or subcontractors to
9 complete and submit these two (2) forms described hereinabove to both the District and the
10 County.
11 F. Records Retention: The District shall retain all financial records, supporting
12 documents, statistical records, and all other records pertinent to this Agreement for a period of four
13 (4) years from the date of the submission of the County's consolidated annual performance and
14 evaluation report to HUD in which the activities assisted under this Agreement are reported on for
15 the final time. If there is litigation, claims, audits, negotiations, or other actions that involve any of
16 the records cited, and that have started before the expiration of the four-year record retention
17 period, such records must be retained until completion of the actions and resolution of all issues,
18 or the expiration of the four-year period, whichever occurs later (24 CFR 570.502, 570.503(b)(2),
19 570.506).
20 V. PAYMENT FOR THE PROJECT
21 A. At monthly intervals, the District shall submit a written request to the County
22 for payment of specified costs incurred in the performance of this Agreement. The request for the
23 County to make such a payment shall be in accordance with the exemplar Project Pay Request
24 Form, attached as Exhibit 2, and incorporated by this reference. The request shall also be
25 accompanied by a written certification from the District that the request for payment is consistent
26 with the amount of work that has been completed, and that the work is in accordance with the
27 construction contract documents and this Agreement. The request for payment shall also be
28 accompanied by documentation acceptable to the County, such as checks, invoices, or vouchers
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1 for services or materials purchased, contractor's costs, or other costs chargeable to the Project.
2 The first construction progress payment request shall also be accompanied by documentation
3 demonstrating that all construction-related required permits have been issued by the County. After
4 appropriate review and inspection, the County shall make payment from CDBG funds provided in
5 this Agreement for all eligible costs specified herein up to the maximum amount payable under
6 Section I.
7 B. Any savings realized in the final cost of the Project, due to Project cost
8 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce
9 the amount of this Project paid for with CDBG funds.
10 C. Payment for advertising and award shall be based on the actual costs of
11 printing and noticing.
12 D. The County shall not be bound by any agreement between the District and
13 its agents.
14 E. The County may withhold payment of the final payment request made by
15 the District until evidence is submitted to the County that a maintenance plan has been prepared
16 and adopted for the improvements constructed with CDBG funds.
17 F. Upon the completion of the Project, the District shall submit to the
18 County Community Development Division a written request for final payment of costs, which
19 shall provide a detailed description of the Project pay items and costs. The final pay request
20 shall be in accordance with Exhibit 2 to this Agreement. The County shall not be obligated to
21 make any payments under this Agreement if the request for payment is submitted by the
22 District more than sixty (60) calendar days after the NOC has been filed with the County
23 Recorder's Office. An extension to the sixty (60) calendar day period may be granted by the
24 Director prior to the deadline if the District can demonstrate just cause for the delay.
25 G. The County may withhold payment of the final payment request made by
26 the District until a final POM, recorded NOC, written summary of all Project work completed with
27 CDBG and other funds, and evidence of compliance with the Section 3 clause, as specified in
28 Sections III-R and IV-C, have been submitted to the County.
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1 H. All requests for payment and supporting documentation shall be sent to:
2 Business Manager
County of Fresno
3 Department of Public Works and Planning
Financial Services Division
4 2220 Tulare Street, 6th Floor
Fresno, CA 93721
5 pwpbusinessoffice(c)fresnocountyca.gov (if submitted by email)
6
7 I. The District shall establish accounting and bookkeeping procedures in
8 accordance with standard accounting and bookkeeping practices, including, but not limited to,
9 employee timecards; payrolls; and other records of all transactions to be paid with CDBG funds in
10 accordance with the performance of this Agreement. All records and accounts shall be available
11 for inspection by the County, the State of California, if applicable, the Comptroller General of the
12 United States, and HUD or any of their duly authorized representatives at all reasonable times for
13 a period as specified in Section IV-F. The District shall certify accounts when required or requested
14 by the County.
15 J. The District, as a subrecipient of Federal financial assistance, is required to
16 comply with the provisions of the Single Audit Act Amendments of 1996 (31 U.S.C. Sections 7501
17 et seq.). Whenever the District receives CDBG funds from the County for the Project, a copy of
18 any audit performed by the District in accordance with said Act shall be forwarded to the County
19 Community Development Grants Program Manager within nine (9) months of the end of any
20 District fiscal year in which funds were expended and/or received for the Project. Failure to perform
21 the requisite audit functions as required by this paragraph may result in the County performing any
22 necessary audit tasks or, at the County's option, the County contracting with a public accountant
23 to perform the audit. All audit costs related to the District's failure to perform the requisite audit are
24 the sole responsibility of the District, and such audit work costs incurred by the County shall be
25 billed to the District, as determined by County's Auditor-Controller/Treasurer-Tax Collector. In the
26 event the District is only required to perform an audit under the provisions of the Act because the
27 District is receiving CDBG funds, the County may perform, or cause to be performed, the required
28 audit to determine whether funds provided through this Agreement have been expended in
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1 accordance with applicable laws and regulations. Any audit-related costs incurred by the County
2 under this provision shall be charged to the County CDBG Program. The District agrees to take
3 prompt and appropriate corrective action on any instance of material non-compliance with
4 applicable laws and regulations.
5
6 K. The District shall send a copy of the audit to:
7 Community Development Grants
County of Fresno
8 Department of Public Works and Planning
Community Development Division
9 2220 Tulare Street, 6t" Floor
Fresno, CA 93721
10
VI. INDEMNIFICATION
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The District shall indemnify, defend, and save harmless the County, its officers,
12
agents, and employees from and against any and all damages, claims, and losses whatsoever
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(including attorney's fees and costs) occurring or resulting to persons, firms, or corporations
14
furnishing or supplying work, services, materials, or supplies in connection with the performance
15
of this Agreement, and from any and all damages, claims, and losses (including attorney's fees
16
and costs) occurring or resulting to any person, firm, or corporation for damage, injury, or death
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arising out of or connected with the District's performance of, or failure to perform, its obligations
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under this Agreement. The provisions of this Section VI shall survive the termination of this
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Agreement.
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VI 1. TIME OF PERFORMANCE
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A. The following schedule shall commence on the date this Agreement is
22
executed by the County:
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1. Complete Consultant Engineer Selection process — June 12, 2023.
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2. Complete Design Engineering and Submit to the County for Review
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— September 1, 2023.
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3. Complete County Review and Approval of Plans—October 1, 2023.
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4. Begin Advertising for Bids — January 5, 2024.
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5. Award Construction Contract— February 20, 2024.
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1 B. The Project shall be completed and the NOC shall be filed with the Fresno
2 County Recorder's Office, no later than July 19, 2024.
3 C. The final POM Report, written summary of all work completed,
4 documentation demonstrating compliance with the Section 3 clause, and request for final payment
5 shall be submitted to the County no later than September 19, 2024.
6 D. The District shall give immediate written notification to the County
7 Community Development Division of any events that occur which may affect the above time
8 schedule and completion date and the time schedule specified in the contract documents, or any
9 event that may have significant impact upon the Project or affect the attainment of the Project's
10 objectives. The Director is authorized to adjust the above schedule if, in the Director's judgment,
11 any delay is beyond the control of the parties involved.
12 E. Time is of the essence in the District's performance of this Agreement.
13 Vill. BREACH OF AGREEMENT
14 In the event the District fails to comply with any of the terms of this Agreement, the
15 County may, at its option, deem the District's failure a material breach of this Agreement, and utilize
16 any remedies permitted by law that the County deems appropriate. Should the County deem a
17 breach of this Agreement material, the County shall immediately be relieved of its obligations to
18 make further payment as provided herein. Termination of this Agreement due to breach shall not,
19 in any way whatsoever, limit the rights of the County in seeking any other legal relief in a court of
20 law or equity, including the recovery of damages. In addition to the termination of the Agreement
21 by the County due to a material breach of this Agreement by the Subrecipient, the County may
22 also terminate this Agreement for convenience, in accordance with state and federal law.
23 IX. TERMINATION OF PROJECT
24 A. If the District wishes to cancel the Project covered by this Agreement, the
25 District shall submit a request in writing to the County Department of Public Works and Planning,
26 Community Development Division explaining just cause for the request. The Director is authorized
27 to approve such a request if, in the Director's judgment, there is just cause for the Project's
28 cancellation.
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1 B. If the District's request to cancel the Project covered by this Agreement is
2 approved by the Director, the District shall promptly return to the County all CDBG funds paid by
3 the County to the District pursuant to this Agreement.
4 X. VENUE; GOVERNING LAW
5 Venue for any action arising out of or relating to this Agreement shall only be in
6 Fresno County, California. The rights and obligations of the parties and all interpretation and
7 performance of this Agreement shall be governed in all respects by the laws of the State of
8 California.
9 XI. ENTIRE AGREEMENT
10 This Agreement constitutes the entire agreement between the District and the
11 County with respect to the subject matter hereof, and supersedes all previous negotiations,
12 proposals, commitments, writings, advertisements, publications, and understandings of any nature
13 whatsoever unless expressly included in this Agreement.
14 XII. NO THIRD-PARTY BENEFICIARIES
15 This Agreement does not and is not intended to create any rights or obligations for
16 any persons or entity except the parties. This Agreement is solely for the benefit of the County and
17 the District and HUD, and there are no [other] intended third party beneficiaries of this Agreement.
18 XIII. AUTHORIZED SIGNATURES
19 The District represents and warrants to the County that:
(A) The District is duly authorized and empowered to sign and perform its
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obligations under this Agreement.
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(B) The individual signing this Agreement on behalf of the District is duly
22 authorized to do so and his or her signature on this Agreement
23 legally binds the District to the terms of this Agreement.
24 XIV. ELECTRONIC SIGNATURES
25
The parties agree that this Agreement may be executed by electronic signature as
26
provided in this section.
27 (A) An "electronic signature" means any symbol or process intended by an
28 individual signing this Agreement to represent their signature, including but not limited
15
to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3)
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an electronically scanned and transmitted (for example by PDF document) version of an
2
original handwritten signature.
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(B) Each electronic signature affixed or attached to this Agreement (1) is deemed
4 equivalent to a valid original handwritten signature of the person signing this Agreement
5 for all purposes, including but not limited to evidentiary proof in any administrative or
6 judicial proceeding, and (2) has the same force and effect as the valid original
7 handwritten signature of that person.
8 (C)The provisions of this section satisfy the requirements of Civil Code section
9 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division
10 3, Part 2, Title 2.5, beginning with section 1633.1).
11 (D) Each party using a digital signature represents that it has undertaken and
12 satisfied the requirements of Government Code section 16.5, subdivision (a),
13 paragraphs (1) through (5), and agrees that each other party may rely upon that
representation.
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(E) This Agreement is not conditioned upon the parties conducting the transactions
15
under it by electronic means and either party may sign this Agreement with an original
16 handwritten signature.
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I IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth on
2 page one of this Agreement.
3
4 TRANQUILLITY PUBLIC UTILITY DISTRICT COUNTY OF FRESNO
5
6 By:
Michae P cheu, Chairp rson of the Sal uin e , Chairman of the
7 Tranquillity Public Utility District Board BoarM Supervisors of the
8 County of Fresno
9 Date:`�`t roC� �;� Date: �Za�z3
10 ATTEST:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
12 County of Fresno, State of California
13 ByA"/J-�t
14 Deputy
15
16
17
18 REMIT TO:
19 FUND NO: 0001
SUBCLASS NO: 10000 Tranquillity Public Utility District
20 ORG NO: 7205 Attention: Michael Pucheu
ACCOUNT NO: 7885 P.O. Box 622
21 PROJECT NO: N21711 Tranquillity, CA 93668
ACTIVITY CODE: 7219 Telephone: (559) 698-7213
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23
JA:MV
24 G:\7205comDev\—Agendas-Agreements\2023\0523 TranquillityWWTP Headworks 21711_AGT.docx
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Exhibit 1
County of Fresno
Project Outcome Measurement Report
Project#: 21711 Project Name: Tranquillity Wastewater Treatment Plant
Headworks Installation
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 requires 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\2023\0523_TranquillityWWTP Headworks 21711_AGT.docx
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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)
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April 17,2023