HomeMy WebLinkAboutAgreement A-24-531 Amend. No. 2 to Agt. with Biola Community Services District.pdf Agreement No. 24-531
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 AMENDMENT NO. 2 TO SUBRECIPIENT AGREEMENT
3 This Amendment No. 2 to Subrecipient Agreement ("Amendment No. 2") is dated
4 October 8, 2024 and is between Biola Community Services District, a special district in the County
5 of Fresno formed under Division 3 of Title 6 of the California Government Code, with an office at 4925
6 North Seventh Street, Biola, CA 93606 ("Subrecipient"), and the County of Fresno, a political subdivision
7 of the State of California ("County").
8 Recitals
9 A. On March 11, 2021, the President signed into law the American Rescue Plan Act of 2021 ("ARPA")
10 which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") Program.
11 B. The ARPA authorizes the County to expend SLFRF awarded to the County for certain eligible
12 purposes, including to make necessary investments in water and sewer infrastructure.
13 C. On August 23, 2022, the County and the Subrecipient entered into County Agreement Number 22-
14 371 ("Agreement"), with a grant funding amount of $649,000, to fund the design, surveying and
15 engineering, environmental review, and construction to install storm drain pipelines and inlets along D
16 Street, Fifth Street, West F Avenue, and North Biola Avenue, which is a necessary infrastructure
17 investment, will address stormwater drainage issues in areas that are prone to flooding, and will help the
18 Subrecipient to manage, recapture and recharge storm water back into the aquifer, in support of meeting
19 state and local groundwater recharge mandates and achieving long-term groundwater sustainability goals
20 ("Program").
21 D. On March 14, 2023, the County and the Subrecipient entered the First Amendment to the
22 Agreement ("Amendment No. 1"), which increased the maximum grant funding to a total of $955,000,
23 primarily due to increases in material costs, supply-chain disruptions, and an increasingly tight labor
24 market that increased the costs for the Subrecipient to implement the awarded Program.
25 E. Since the approval of Amendment No. 1, the Subrecipient represents that it has completed the
26 design plans, solicited bids from qualified contractors, and successfully awarded the construction of the
27 Program, with significant cost savings. The Subrecipient represents that on July 1, 2024, it issued a Notice
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1 to Proceed for the contractor to make the necessary storm drainage improvements along D Street, Fifth
2 Street, West F Street, and North Biola Avenue, with an estimated completion timeline of 60 days.
3 F. The Subrecipient represents that since the total bid for the Program was below the Engineer's
4 initial estimates, the Subrecipient would like to revise the Program's scope of work and expenditure plan
5 to maximize the use of the SLFRF and extend additional storm drainage improvements and make street
6 improvements in the Community of Biola.
7 G. The Subrecipient wishes to revise Program's scope of work to add funding for additional storm
8 drainage improvement to take place along Third Street and allocate available SLFRF funding for planned
9 street and pedestrian improvements that will improve safety by adding future street lighting along Biola
10 Avenue and C Street. Anticipated expenditures may include but are not limited to utility line relocation
11 costs, fire hydrant replacements, installation of conduit and pull boxes and potentially street lighting, which
12 are anticipated expenditures that the Subrecipient will incur related to the County's Biola Sidewalk
13 Improvements project scheduled to begin September 2024.
14 H. The Final Rule recognizes the that the pandemic may have contributed to disproportionate COVID-
15 19 health impacts in low-income communities, which are broader than the disease itself and include
16 substantial impacts on mental health and public safety challenges which are correlated with a
17 neighborhood's-built environment and features. The Final Rule has designated investments in
18 disproportionately impacted communities which include help to develop neighborhood features that
19 promote improved health and safety outcomes, such as parks, green spaces, recreational facilities,
20 sidewalks, pedestrian safety features like crosswalks, projects that increase access to healthy foods,
21 streetlights, and other projects that revitalize public spaces, as an enumerated eligible uses of SLFRF.
22 I. The Subrecipient represents that a further revision to Revised Table 1-1 of Exhibit B will change
23 the distribution of the allocated funds from listed street names including pipeline size/s for each street (D
24 Street, Fifth Street, West F Street, and Biola Avenue)to combine construction activities and material costs
25 for all affected streets and list expenses in categories including: mobilization/demobilization, traffic control,
26 and materials, which is more reflective of anticipated costs and will ensure the Subrecipient fully expends
27 SLFRF funds for the implementation of the Program under the Revised Table 1-1 of Exhibit B-1.
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1 J. The Program would also benefit from a revised Modification Clause within the Agreement, which
2 would allow for budget modifications of up to 10% of the Agreement's maximum award (equivalent to
3 $95,500) without increasing the maximum award, will assist the Subrecipient when closing out the
4 program, and will ensure the Subrecipient is able to recover allowable costs by moving available funds
5 from one category to another, if needed, to provide flexibility in cost recovery as the Program nears the
6 completion of its contracted term.
7 K. The County and the Subrecipient now desire to amend the Agreement to revise the Program's
8 scope of work, expenditure plan, and allow the County Administrative Officer or designee to approve minor
9 budgetary modifications as needed and appropriate.
10 The parties therefore agree as follows:
11 1. This Amendment No. 2 shall be retroactive to the Effective Date of the Agreement, August 23,
12 2022.
13 2. All references to"Exhibit A" in the Agreement shall be amended and referred to as"Revised Exhibit
14 A." The Revised Exhibit A is attached to this Amendment No. 2 and incorporated by this reference.
15 3. All references to Exhibit B in the Agreement shall be further amended and referred to as "Revised
16 Exhibit B-1." The Revised Exhibit B-1 and Table 1-1 are attached to this Amendment No. 2 and
17 incorporated by this reference.
18 4. All references to"Exhibit C" in the Agreement shall be amended and referred to as"Revised Exhibit
19 C." The Revised Exhibit C is attached to this Amendment No. 2 and incorporated by this reference.
20 5. Two of the Agreement recitals, located on page 2, starting on line 10 through line 20, are deleted
21 and replaced with the following:
22 "WHEREAS, the Subrecipient represents that after rainfall events the Community
23 of Biola generally floods along D Street, Third Street, Fifth Street, West F Street, and North
24 Biola Avenue due to inadequate drainage slopes to convey rainwater into the
25 Subrecipient's nearby storm drainage network and ponding basins; and
26 WHEREAS, the provision of SLFRF to Subrecipient under this Agreement will fund
27 the design, surveying and engineering, environmental review, and construction to install
28 storm drain pipelines and inlets along D Street, Third Street, Fifth Street, West F Avenue,
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1 and North Biola Avenue, which are necessary infrastructure investments, will address
2 stormwater drainage issues in areas that are prone to flooding, and will help the
3 Subrecipient to manage, recapture and recharge storm water back into the aquifer, in
4 support of meeting state and local groundwater recharge mandates and achieving long-
5 term groundwater sustainability goals. SLFRF funding will also help fund planned street
6 and pedestrian improvements that will help add street lighting along Biola Avenue and C
7 Street, which are costs related to the County's Biola Sidewalk Improvements project
8 scheduled to begin September 2024 ("Program"); and"
9 6. A portion of the Agreement recital located on page 3, line 2 through line 4, is deleted and replaced
10 with the following:
11 "WHEREAS, the County has determined that the Program to be provided by Subrecipient
12 is CWSRF project eligible under category of stormwater gray infrastructure projects, and
13 the planned street and pedestrian improvements are responsive to the public health
14 emergency and negative economic impacts experienced in the Community of Biola by
15 helping the Subrecipient fund improvements to neighborhood features that promote safety
16 and wellness for the residents of Biola, and therefore the Program is an Eligible Use of
17 SLFRF under the ARPA, in reliance on information provided by Subrecipient; and"
18 7. A portion of Subsection A of Section 13, Grant Funding/Compensation of the Agreement located
19 on page 15, lines 10 through 21, is deleted, and replaced with the following:
20 "It is expressly agreed and understood that the total amount of SLFRF to be granted by
21 County to Subrecipient for the Program shall not exceed nine hundred fifty-five thousand
22 dollars ($955,000), to fund the design, surveying and engineering, environmental review,
23 and construction to install storm drain pipelines, manholes, and inlets along D Street, Third
24 Street, Fifth Street, West F Street, and North Biola Avenue, which are necessary
25 infrastructure investments, and will address stormwater drainage issues in areas that are
26 prone to flooding in the Community of Biola. SLFRF will also help fund street and
27 pedestrian improvements along Biola Avenue and C Street related to the County's Biola
28 Sidewalk Improvements project, which is scheduled to begin September 2024.
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1 Subrecipient shall submit written drawdown requests for the payment of eligible necessary
2 expenses in support of the Program. Drawdown requests for the County to make such
3 payments shall be in accordance with the sample Drawdown Request Form, attached as
4 Exhibit B and incorporated by this reference. Drawdown requests shall include copies of
5 purchase orders, receipts, and reimbursement requests, detailing items purchased, and
6 expenses incurred or anticipated to be incurred in support of the Program for eligible items
7 listed in Table 1-1 of Revised Exhibit B-1 of this Agreement."
8 8. A portion of Subsection A of Section 13, Grant Funding/Compensation of the Agreement located
9 on page 16, starting on line 13 through line 18, is deleted, and replaced with the following:
10 "Subrecipient shall submit documentation to the County of Fresno, County Administrative
11 Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail
12 address fresnocao(a�fresnocountyca.gov. Payment by County shall be in arrears for
13 services provided during the preceding period of time, within forty-five (45) days from date
14 of receipt, verification, and approval of Subrecipient's invoice and supporting
15 documentation by County. Requests for advancement of funds for anticipated eligible
16 expenditures shall also be accompanied by a written certification from the Subrecipient
17 consistent with the amount of work scheduled to be performed or materials to be purchased
18 with the amount of funding being requested from the County, and that the payment request
19 is in accordance with the Program, Table 1-1 of Revised Exhibit B-1 of this Agreement.
20 After appropriate review and inspection of the payment request for advanced funding, the
21 County shall make the payment available to Subrecipient, less any amounts outstanding
22 for which prior advanced funds have not been fully expended or accounted with supporting
23 documentation. If Subrecipient fails to comply with any provision of this Agreement, County
24 shall be relieved of its obligations for further compensation."
25 9. Section 15, Modification, of the Agreement, located on page 17, line 28 through page 18, line 1
26 through line 2, is deleted in its entirety, and replaced with the following:
27 "Any matters of this Agreement may be modified from time to time by the written consent
28 of all the parties without, in any way, affecting the remainder. Changes to line items, as set
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1 forth in Revised Exhibit B-1, that, when added together during the term of the Agreement
2 do not exceed ten percent (10%) of the total maximum compensation payable to
3 Subrecipient, may be made with the written approval of Subrecipient and County's
4 Administrative Officer or designee. These modifications shall not result in any change to
5 the maximum compensation amount payable to Subrecipient, as described in this
6 Agreement."
7 10. When both parties have signed this Amendment No. 2, the Agreement, Amendment No. 1 and this
8 Amendment No. 2 together constitute the Agreement.
9 11. The Subrecipient represents and warrants to the County that:
10 a. The Subrecipient is duly authorized and empowered to sign and perform its obligations under
11 this Amendment No. 2.
12 b. The individual signing this Amendment No. 2 on behalf of the Subrecipient is duly authorized
13 to do so and his or her signature on this Amendment No. 2 legally binds the Subrecipient to
14 the terms of this Amendment No. 2.
15 12. The parties agree that this Amendment No. 2 may be executed by electronic signature as provided
16 in this section.
17 a. An "electronic signature" means any symbol or process intended by an individual signing this
18 Amendment No. 2 to represent their signature, including but not limited to (1) a digital
19 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
20 scanned and transmitted (for example by PDF document) version of an original handwritten
21 signature.
22 b. Each electronic signature affixed or attached to this Amendment No. 2 is deemed equivalent
23 to a valid original handwritten signature of the person signing this Amendment No. 2 for all
24 purposes, including but not limited to evidentiary proof in any administrative or judicial
25 proceeding, and (2) has the same force and effect as the valid original handwritten signature
26 of that person.
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1 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision
2 (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning
3 with section 1633.1).
4 d. Each party using a digital signature represents that it has undertaken and satisfied the
5 requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
6 and agrees that each other party may rely upon that representation.
7 e. This Amendment No. 2 is not conditioned upon the parties conducting the transactions under
8 it by electronic means and either party may sign this Amendment No. 2 with an original
9 handwritten signature.
10 13. This Amendment No. 2 may be signed in counterparts, each of which is an original, and all of
11 which together constitute this Amendment No. 2.
12 14. The Agreement as amended by this Amendment No. 2 is ratified and continued. All provisions of
13 the Agreement, as previously amended, and not further amended by this Amendment No. 2 remain in full
14 force and effect.
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16 [Signature Page Follows]
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1 The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
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Subrecipient County of Fresno
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5 Saine Cervantes, General Manager of the Nathan Magsig, Chairman of the Board of
Biola Community Services District Supervisors of the County of Fresno
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Mailing Address: Attest:
8 Biola Community Services District Bernice E. Seidel
P.O. Box 57 Clerk of the Board of Supervisors
9 Biola, CA 93606 County of Fresno, State of California
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By: _
11 Deputy
12 For accounting use only:
13 Org No: 1033
Fund: 0026
14 Subclass: 91021
Account: 7845
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1 Revised Exhibit A
2 Subrecipient provides street lighting, water, sewer, storm drainage, and solid waste services in the
3 Community of Biola, a Disadvantaged Unincorporated Community of approximately 1,705 residents located
4 in a census tract with a reported median household income of$54,390 (census tract 06019004100).
5 Subrecipient represents that historically, after rainfall events the Community of Biola generally
6 floods along D Street, Third Street, Fifth Street, West F Street, and North Biola Avenue due to inadequate
7 drainage slopes to convey rainwater into the Subrecipient's nearby storm drainage network and ponding
8 basins. Subrecipient intends to use SLFRF to fund the design, surveying and engineering, environmental
9 review, and construction to install storm drain pipelines, manholes, and inlets along D Street, Third Street,
10 Fifth Street, West F Street, and North Biola Avenue, which are necessary infrastructure investments, and
11 will address stormwater drainage issues in areas that are prone to flooding in the Community of Biola. The
12 Program will install 12 stormwater inlets and construct approximately 1,500 linear feet of underground
13 storm drain pipeline (15-inch to 18-inch diameter pipes) to connect to the Subrecipient's existing storm
14 drainage network. The Program will improve the management of stormwater and subsurface drainage
15 water, and recharge 150 acre-feet of water annually back into the aquifer in support of meeting State and
16 local groundwater mandates. Additionally, the Program will help the Subrecipient pay for anticipated
17 expenditures related utility relocation, replacement of fire hydrants, installation of conduit, pull boxes, and
18 similar expenses included in the County's Biola Sidewalk Improvements project, which is scheduled to
19 begin September 2024. The planned street improvements will be made along Biola Avenue, south of
20 Shaw Avenue down to F Street; and improvements along C Street, between Biola Avenue and Seventh
21 Street. The Subrecipient represents that the Program will help the community install and furnish
22 underground utilities along Biola Avenue and C Street which will assist in the installation of streetlights in
23 the future.
24 The Subrecipient represents that the Program qualifies under the CWSRF program under the
25 stormwater gray infrastructure project category, and the street and pedestrian improvements are
26 responsive to the public health emergency and negative economic impacts experienced in the Community
27 of Biola by helping the Subrecipient fund neighborhood features that promote pedestrian safety and
28 wellness for the residents of Biola.
1 Revised Exhibit B-1
2 Subrecipient Expenditure Plan
3 Subrecipient shall provide to County drawdown requests for payments for eligible expenses to
4 complete the Program. In the first thirty (30) days following August 23, 2022, Subrecipient may make a
5 drawdown request to the County to cover eligible expenditures in support of the Program. Drawdown
6 requests to the County shall be accompanied by a written certification from the Subrecipient that the
7 drawdown request for payment is consistent with the amount of work scheduled to be performed or
8 materials to be purchased with the amount of funding being requested from the County. Subrecipient may
9 make additional subsequent drawdown requests to the County on a quarterly basis (every 90 days) for
10 eligible expenditures to be funded with the remaining balance of the Program's budget. Drawdown
11 requests shall detail purchase orders, receipts, and reimbursement requests, detailing items purchased,
12 and expenses incurred or anticipated to be incurred in support of the Program for items listed in Table 1-
13 1 of this Agreement.
14 Table 1-1, Revised Expenditure Plan
15 Item Description Total Cost
Storm Drain Improvements and Storm Inlets at:
16 D Street,Third Street, Fifth Street,W.F Street,and N.Biola Avenue
17 Mobilization and Demobilization $37,152
Traffic Control $17,654
18 Construction Surveying $15,600
Storm Drain Pipe(size range 12"to 18")and Manholes $392,601
19 Type"E"Inlet $39,264
Utility Crossing $29,380
20 Initial Scope Subtotal: $531,651
Storm Drain Improvements Surveying,Design,Engineering,Environmental, $176,600
21 and Management
Total Storm Drainage Improvements: $708,251
22 Neighborhood Street Improvements
Neighborhood Features—Biola Sidewalk Improvements,P WP Project
23 (Including but not limited to costs for utility relocation,fire hydrant $184,409
replacements,installation of conduit,and puff boxes)
24 Total Street Improvements Subtotal $184,409
!ContingencyAvailable for Projects Street or Storm Drainage) $62,340
25 Total Project Cost: $955,000
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1 Revised Exhibit B-1 (continued)
2 Drawdown Request Form
3 Date:
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County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ in support of the
11 Program.
12 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
13 amount of work that has been completed to date, detailing items purchased, and expenses
14 incurred or anticipated to be incurred in support of the Program in accordance with the
15 Subrecipient Expenditure Plan (Revised Exhibit B, Table 1-1) documented in the executed
16 Agreement, and as evidenced by the enclosed invoices and supporting documents.
17 Payee Invoice #/ Contract# Amount
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22 Sincerely,
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24 [Subrecipient Officer]
25 [Subrecipient Name]
26 Enclosure(s)
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1 Revised Exhibit C
2 Subrecipient Quarterly Program Expenditure Report (Template)
3 PROGRAM
4 Unique Entity Identifier (SAM): Agreement Number:
5 Name of Entity: Program Name:
Reporting Period Start Date: Reporting Period End Date:
6 Expenditure Categories:
7 5 Infrastructure, Stormwater
2 Negative Impact, Strong Health Communities
8 Total Award: $955,000 Remaining Balance:
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10 EXPENDITURES
Category
11 Expenditures Obligations Period Period
12 5 Infrastructure, Stormwater to date ($) to date ($) Expenditures Obligations
13 5.6 Clean Water: Stormwater
2 Negative Impact, Strong Health Communities
14 2.22 Neighborhood Features
that Promote Health and
15 Safety
TOTAL
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17 PROJECT STATUS
Describe program achievements and upcoming milestones:
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21 Q arterly Status Report, select one.
Not started
22 completed less than 50 percent
completed more than 50 percent
23 Completed
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25 AUTHORIZED SIGNATURE
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27 Signature Date
28 Print name: