Common use of Design Costs Clause in Contracts

Design Costs. Either Party may pay for part or all of various design 319 costs for the Expansion Project. Reclamation will be responsible for design of the embankment 320 of the San Luis Reservoir, but the Authority may contribute funds that will count towards the 321 cost share. There may be the need for modifications during construction that may require further 322 design work. These costs will be shared in accordance with subarticle 3(a)(1) of this Agreement. 323 (8) Construction Costs: Reclamation will serve as the procurement 324 agency for, and will manage, the primary construction contract with respect to the embankment 325 raise. All costs for this contract will be funded directly by Reclamation or with funds 326 contributed to Reclamation by the Authority. 327 (9) Other Design and Construction Costs: Either Party may pay for 328 part, or all of the remaining non-embankment design and construction costs of associated 329 facilities affected or involved with the Expansion Project including, but not limited to, recreation 330 facilities, power improvements to existing facilities, improvements to pumps, transportation, and 331 other various components of the Expansion Project. 332 (c) Reclamation and the Authority have proposed using their collective funds 333 to fund parts of the Expansion Project. A Contributed Funds Agreement may be necessary to 334 help facilitate the transfer of funds to Reclamation from the Authority. Such an agreement, if 335 needed, will be an exhibit to this Agreement. Any funds contributed to Reclamation for the 336 Expansion Project will be considered part of the cost of this Expansion Project and shared in 337 accordance with subarticle 3(a)(1) of this Agreement. 338 (d) There may be times when Reclamation provides funds to the Authority. 339 These funds will be provided through a financial assistance agreement. Any funds provided to 340 the Authority for the Expansion Project will be considered part of the cost of this Expansion 341 Project and shared in accordance with subarticle 3(a)(1) of this Agreement. 342 (e) Reclamation and the Authority will develop and execute a Spend Plan 343 containing mutually agreeable terms for the Authority to commit funding required under 344 §4007(b)(3)(B) and §4011(e)(2) of the WIIN Act and to track costs and account for funds 345 expended. The Spend Plan will be an exhibit to this Agreement. 346 (f) Reclamation and the Authority will establish, at a minimum, quarterly 347 check-ins regarding costs expended for the Expansion Project and to discuss other items, 348 including but not limited to, funding and any additional financial agreements. 349 (g) Repayment: As currently formulated, Reclamation does not anticipate the 350 need for a Repayment Contract for repayment of costs associated with the design and 351 construction of the Expansion Project. Reclamation and the Authority will, at the quarterly 352 check-ins described in subarticle 3(f) of this agreement, review the need for a Repayment 353 Contract. If a Repayment Contract is necessary, Reclamation will seek delegated authority from 354 the Commissioner to negotiate and execute said contract, which will be an exhibit to this 355 Agreement. The Parties will closely monitor the potential for reimbursable costs and the need for 356 a Repayment Contract and conduct any necessary financial analysis, in accordance with 357 Irrigation Ability-to-Pay Analyses (PEC 11-01), prior to executing any such contract. 358 (1) It is anticipated that the Federal share of costs associated with the 359 Expansion Project will be used for purposes deemed to be non-reimbursable, therefore the 360 Federal share of costs associated with the Expansion Project will be non-reimbursable. 361 (2) If reimbursable benefits are identified upon the final allocation of 362 costs, Reclamation will establish appropriate recovery of said reimbursable costs consistent with 363 Reclamation law and policy.

Design Costs. Either Party may pay for part or all of various design 319 323 costs for the Expansion Project. Reclamation will be responsible for design of the embankment 320 324 of the San Luis Reservoir, but the Authority may contribute funds that will count towards the 321 325 cost share. There may be the need for modifications during construction that may require further 322 326 design work. These costs will be shared in accordance with subarticle 3(a)(1) of this Agreement. 323 327 (8) Construction Costs: Reclamation will serve as the procurement 324 328 agency for, and will manage, the primary construction contract with respect to the embankment 325 329 raise. All costs for this contract will be funded directly by Reclamation or with funds 326 330 contributed to Reclamation by the Authority. 327 331 (9) Other Design and Construction Costs: Either Party may pay for 328 332 part, or all of the remaining non-embankment design and construction costs of associated 329 333 facilities affected or involved with the Expansion Project including, but not limited to, recreation 330 334 facilities, power improvements to existing facilities, improvements to pumps, transportation, and 331 335 other various components of the Expansion Project. 332 336 (c) Reclamation and the Authority have proposed using their collective funds 333 337 to fund parts of the Expansion Project. A Contributed Funds Agreement may be necessary to 334 338 help facilitate the transfer of funds to Reclamation from the Authority. Such an agreement, if 335 339 needed, will be an exhibit to this Agreement. Any funds contributed to Reclamation for the 336 340 Expansion Project will be considered part of the cost of this Expansion Project and shared in 337 341 accordance with subarticle 3(a)(1) of this Agreement. 338 342 (d) There may be times when Reclamation provides funds to the Authority. 339 343 These funds will be provided through a financial assistance agreement. Any funds provided to 340 344 the Authority for the Expansion Project will be considered part of the cost of this Expansion 341 345 Project and shared in accordance with subarticle 3(a)(1) of this Agreement. 342 346 (e) Reclamation and the Authority will develop and execute a Spend Plan 343 347 containing mutually agreeable terms for the Authority to commit funding required under 344 348 §4007(b)(3)(B) and §4011(e)(2) of the WIIN Act and to track costs and account for funds 345 349 expended. The Spend Plan will be an exhibit to this Agreement. 346 350 (f) Reclamation and the Authority will establish, at a minimum, quarterly 347 351 check-ins regarding costs expended for the Expansion Project and to discuss other items, 348 352 including but not limited to, funding and any additional financial agreements. 349 353 (g) Repayment: As currently formulated, Reclamation does not anticipate the 350 need for a Repayment Contract for repayment of costs associated with the design 354 The duties and 351 construction obligations of the Expansion Project. Reclamation Parties under subarticles 3(a)(1), 3(b)(1), and the Authority will, at the quarterly 352 check-ins described in subarticle 3(f355 3(d) of this agreementAgreement, review the need for a Repayment 353 Contract. If a Repayment Contract is necessary, Reclamation will seek delegated authority from 354 the Commissioner to negotiate and execute said contract, which will be an exhibit to would expressly survive termination of this 355 Agreement. 356 MANAGEMENT OF EXPANDED RESERVOIR 357 4. Responsibility for the costs of operation, maintenance, and replacement of B.F. 358 ▇▇▇▇ Dam and San Luis Reservoir will continue to be governed by agreements between the 359 United States and the State of California; the Authority and the Participating Agencies shall 360 neither execute nor be a Party to any agreement with the State of California for the operation and 361 maintenance of the B.F. Sisk Dam and the Historic Reservoir or the Expanded Reservoir. 362 (a) The Parties will closely monitor draft and finalize an OM&R Agreement for the potential for reimbursable costs and the need for 356 a Repayment Contract and conduct any necessary financial analysis, in accordance with 357 Irrigation Ability-to-Pay Analyses (PEC 11-01), Expansion 363 Project prior to executing the first entry of any such contractwater subject to this Agreement into any CVP facilities. 358 (1) It is anticipated that the Federal share of costs associated with the 359 Expansion Project will be used for purposes deemed to be non-reimbursable, therefore the 360 Federal share of All 364 future OM&R costs associated with the Expansion Project will be non-reimbursablecommensurate to each Party’s 365 final investment, unless otherwise agreed to in writing by the Parties pursuant to this Agreement. 361 366 (2b) If reimbursable benefits are identified upon Nothing in this Agreement shall imply or convey any rights or process to 367 the final allocation Authority or their assignees for rights or privileges to water or operations in the Federal 368 Share of 362 costs, Expanded Reservoir or the Historic Reservoir and the Authority agrees that it shall not 369 seek these rights outside of this Agreement. 370 (c) The Parties agree that Reclamation and DWR retain the sole discretion 371 over the operations of the Historic Reservoir. Operations of the Expanded Reservoir will establish appropriate recovery of said reimbursable costs be 372 consistent with 363 Reclamation law existing laws, agreements, and policyobligations and pursuant to the terms of this 373 Agreement and in consultation with the Authority through the Water Coordinator.

Design Costs. Either Party party may pay for part or all of various design 319 275 costs for the Expansion Project. Reclamation will be responsible for design of the embankment 320 276 of the San Luis Reservoir, but the Authority may contribute funds that will count towards the 321 277 cost share. There may be the need for modifications during construction that may require further 322 278 design work. These costs will be shared in accordance with subarticle 3(a)(1) of this Agreement). 323 279 (8) Construction Costs: Reclamation will serve as the procurement 324 280 agency for, and will manage, the primary construction contract with respect to the embankment 325 281 raise. All costs for this contract will be funded directly by Reclamation or with funds 326 282 contributed to Reclamation by the Authority. 327 283 (9) Other Design and Construction Costs: Either Party party may pay for 328 284 part, or all of the remaining non-embankment design and construction costs of associated 329 285 facilities affected or involved with the Expansion Project including, but not limited to, recreation 330 286 facilities, power improvements to existing facilities, improvements to pumps, transportation, and 331 287 other various components of the Expansion Project. 332 288 (c) Reclamation and the Authority have proposed using their collective funds 333 289 to fund parts of the Expansion Project. A Contributed Funds Agreement contributed funds agreement may be necessary to 334 help 290 facilitate the transfer of funds to Reclamation from the Authority. Such an agreement, if 335 needed, will 291 be an exhibit to this Agreement. Any funds contributed to Reclamation for the 336 Expansion Project 292 will be considered part of the cost of this Expansion Project and shared in 337 accordance with 293 subarticle 3(a)(1) of this Agreement). 338 294 (d) There may be times when Reclamation provides funds to the Authority. 339 295 These funds will be provided through a financial assistance agreement. Any funds provided to 340 296 the Authority for the Expansion Project will be considered part of the cost of this Expansion 341 297 Project and shared in accordance with subarticle 3(a)(1) of this Agreement). 342 298 (e) Reclamation and the Authority will develop and execute a Spend Plan 343 299 containing mutually agreeable terms for the Authority to commit funding required under 344 §4007(b)(3)(B) and §4011(e)(2) of the 300 WIIN Act and to track costs and account for funds 345 expended. The Spend Plan will be an exhibit 301 to this Agreement. 346 302 (f) Reclamation and the Authority will establish, at a minimum, quarterly 347 303 check-ins regarding costs expended for the Expansion Project and to discuss other items, 348 304 including but not limited to, funding and any additional financial agreements. 349 305 (g) Repayment: As currently formulated, Reclamation does not anticipate the 350 306 need for a Repayment Contract for repayment of costs associated with the design and 351 307 construction of the Expansion Project. Reclamation and the Authority will, at the quarterly 352 308 check-ins described in subarticle 3(f(f) of this agreementabove, review the need for a Repayment 353 Contract. If a 309 Repayment Contract is necessary, Reclamation will seek delegated authority from 354 the 310 Commissioner to negotiate and execute said contract, which will be an exhibit to this 355 Agreement. 311 The Parties will closely monitor the potential for reimbursable costs and the need for 356 a 312 Repayment Contract and conduct any necessary financial analysis, in accordance with 357 Irrigation Ability-to-Pay Analyses (PEC 11-11- 313 01), prior to executing any such contract. 358 (1) It is anticipated that the Federal share of costs associated with the 359 Expansion Project will be used for purposes deemed to be non-reimbursable, therefore the 360 Federal share of costs associated with the Expansion Project will be non-reimbursable. 361 (2) If reimbursable benefits are identified upon the final allocation of 362 costs, Reclamation will establish appropriate recovery of said reimbursable costs consistent with 363 Reclamation law and policy.