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HomeMy WebLinkAboutC-2290 - Agreement for Upper Newport Bay Siltation Program4 February 3, 1982 TO: CITY CLERK FROM: Public Works Department SUBJECT: STATE GRANT CONTRACT WITH THE STATE WATER RESOURCES CONTROL BOARD FOR CLEAN WATER AND WATER CONSERVATION BOND FUNDS Attached are original and three copies of the subject contract documents. Please have executed on behalf of the City and return the original and three copies to the Public Works Department to be transmitted to the State. ohn Wolter Cooperative Projects Engineer JW:rb Att. TO: FROM SUBJECT February 8, 1982 CITY COUNCI AGENDA ITEM NO. i-C) CITY COUNCIL Public Works Department UPPER NEWPORT BAY EARLY ACTION PLAN 1. AMENDED JOINT POWERS AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME STATE GRANT CONTRACT WITH THE STATE WATER RESOURCES CONTROL BOARD FOR CLEAN WATER AND WATER CONSERVATION BOND FUNDS RECOMMENDATIONS: Adopt a resolution authorizing the Mayor and the City Clerk to execute the amended Joint Powers Agreement. 2. Adopt a resolution authorizing the Mayor and the City Clerk to execute the State Grant Contract. DISCUSSION: On August 24, 1981, the City Council approved a Joint Powers Agreement to combine the Department of Fish and Game's Pilot Marsh Restoration Project and the City's Upper Newport Bay Early Action Plan into one construction contract to be administered by the City. Bids for the combined projects were received in September 1981, but had to be rejected because the low bid exceeded the $700,000 available for the Department of Fish and Game's portion of the work; and because State Clean Water and Water Conservation Bond funds did not become available for the City's portion of the work. Since that time, the State has successfully completed a sale of Clean Water and Water Conservation Bonds, and the funds are now available for the City's Early Action Plan. A State Grant Contract has been executed in the amount of $1,304,000 from the Energy Resource fund, and a Grant Contract for $1,446,000 from the Clean Water and Water Conservation funds is being presented for City Council approval. The Department of Fish and Game has modified the scope of the proposed Pilot Marsh Restoration Project. The revised project provides for excavation adjacent to the City's proposed Early Action Plan excavation in the Upper Bay. See attached sketch for location of the combined projects. By performing excava- tion adjacent to the City's basin and reducing the amount of excavation from approximately 200,000 cubic yards to 150,000 cubic yards, it is estimated that the Pilot Marsh Restoration Project can be accomplished for the $700,000 avail- able from the Department of Fish and Game. Because of the similarity of the coordinating separate contracts within the benefit and savings of both the Department work and the potential problems of Upper Bay,it will be to the mutual of Fish and Game and the City to i February 8, 1982 Subject: Upper Newport Bay Early Action Plan Page 2 combine the modified work into one contract. The.amended Joint Powers Agreement provides for one construction project to be administered by the City. I. TERMS OF THE MODIFIED JOINT POWERS AGREEMENT DEPARTMENT OF FISH AND GAME SHALL: 1. Obtain all permits required for their portion of work. 2. Provide water quality control monitoring for their portion of work. 3. Be responsible for and forward to the City within 30 days of execution of the agreement the costs of design engineer - ing, construction engineering, administration, and actual construction of their portion of work (estimated to be $700,000). 4. Name an authorized representative. 5. Provide written approval to award contract within 10 days of project.bid opening. 6. Review and, if found acceptable, approve project final report. CITY OF NEWPORT BEACH SHALL: 1. Prepare plans, specifications and contract documents. 2. Advertise for bids. 3. Provide contract administration, design engineering, and construction engineering. 4. Furnish Department of Fish and Game final cost estimate for work based on actual bid results. 5. Furnish Department of Fish and Game "As Constructed" plans and file a Notice of Completion after final accep- tance of the work. 6. Make arrangements with The Irvine Company for the use of "Site A" disposal area. 7. Prepare final report for the project. II. TERMS AND CONDITIONS FOR STATE GRANT CONTRACT: A. Eliqible Costs (Project costs incurred after July 17, 1980, are eligible for State participation with Clean Water and Water Conservation Bond funds) 1. Planning, design, and construction of desilting basins and appurtenant works within San Diego Creek and the Upper Bay. _ W=. 0 February 8, 1982 Subject: Upper Newport Bay Early Action Plan Page 3 Costs incurred in obtaining necessary permits, licenses, and environmental documents for work in San Diego Creek and.the Upper Bay. Credit to the project of $1,000,000 for the use of the "Site A" disposal area is defined as City of Newport Beach matching funds under this contract. B. Conditions of Concept Approval 1. All necessary permits and licenses must be obtained and the environmental impact report process completed. The environmental process is complete, and the Department of Fish and Game, Coastal Zone and State Water Quality permits have been issued. Commitment for ongoing maintenance of the sedimentation basins within San Diego Creek from the Orange County Flood Control District, prior to the award of sedimenta- tion basin contracts. A letter from the County has been approved by the State Water Resources Control Board. 3. The City of Newport Beach will agree to become the lead agency in obtaining commitments from local agencies within the watershed to implement the best management practices contained in the 208 Plan for the Newport Bay watershed when adopted, but no later than March, 1983. This work will be conducted in conjunction with the Southern California Association of Governments or their successors in the 208 Planning Program. The Grant Contracts will contain a provision in Exhibit C withhold- ing $20,000 until satisfactory completion of this task. (This withhold of funds will not apply if the Legislature eliminates condition 1(b) from the Budget Act Item 394- 101 -190.) The City of Newport Beach will conduct water conserva- tion activities as provided in Exhibit C of the Grant Contract. A letter submitted with the.original applica- tion describing the City's water conservation activities and ordinances has been approved by the State Board. The City shall provide a project schedule mutually acceptable to the City and State Project Manager within two weeks of execution of this Grant. Contract by the State. a • February 8, 1982 Subject: Upper Newport Bay Early Action Plan Page 4 C. Fundin 1. Clean Water and Water Conservation Funds $1,446,000 2. Local Portion City of Newport Beach Credit for Use of "Site A" disposal area 1,000,000 $2,446,000 The plans and specifications for the combined projects are being finalized by Boyle Engineering. A project status report and the plans and the specifications will be presented for Council approval and authorization to advertise at the next Council meeting. The project schedule is for com- pletion of work by September 1982. Benjamin B. Nolan Public Works Director JW:jd Att. s - DATE Dec. 7 y 1981 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2290 Description of Contract State Grant Program (Newport Bay Siltation Program) Effective date of Contract October 30, 1981 Authorized by Resolution No. 11057 r adopted on Sept. 28, 1981. Contract with State [dater Resources Control Board Address P.O. Box 100 Sacramento, CA 95814 Amount of Contract$ See Contract /s/ Wanda E. Andersen WANDA E. ANDERSEN City Clerk City- Hall • 3300 Newport Boulevard, Newport Beach, California 92663 5 -81 September 30, 1981 0 CITY OF NEWPORT BEACH State Water Resources Control Board P. 0. Box 100 Sacramento, California 95814 Attention: Ms. Carolee Western PUBLIC WORKS DEPARTMENT (714) 640 -2281 Subject: State -City of Newport Beach Grant Contract, Upper Newport Bay Desilting Program, WRCB No. 1- 099 -800 -0 Gentlemen: Transmitted for State action and signature are four copies of the above grant contract. This contract was approved by the Newport Beach City Council on September 28, 1981, and the copies have been executed by the Mayor. A certified copy of Resolution No. 11057 approving the agreement is also trans- mitted for your records. It would be appreciated if execution by the State and return of the City copies can be accomplished as soon as possible as we are most anxious to proceed with the project. If there are any questions, please feel free to contact me or Mr. John Wolter at (714) 640 -2281; or Mr. Jim Anderson of the Santa Ana Regional Water Quality Control Board at (714) 684 -9330. V ry truly yours, Benjamin B. Nolan Public Works Director cc: SARWQCB, attn. Mr. Jim Anderson City Clerk City )fall • 3300 Newport Boulevard, Ae�cport Beach, California 92663 STATE -OF CALIFORNIA - RESOURCES A NCy r EDMUND G. BROWN JR., Governor STATE WATER RESOURCES CONTROL BOARD y9 P.O. BOX 100, SACRAMENTO, CALIFORNIA 95801 l �y RECEIVED November 13, 1981 = NOV 16 1981 Mayor `f � City of Newport ' ®each Honorable Jackie Heather, Mayor ?�i e T City of Newport Beach r) 3300 Newport Blvd. Newport Beach, CA 92663 1- 099 -900 -0 RE: AGREEMENT NO. 1. Please sign and return ALL of the attached copies of the agreement for further processing to the mailing address shown below. Contracts are not effective until approved by the State Department of General Services or the State Water Resources Control, Board, as required by State procedure. When fully approved, the original document will be returned toyou. 2. Attached are ( ) copies of the agreement which have been executed on behalf of the State Water Resources Control Board. Please sign all copies, retain the original, and return the remaining ( ) copies to the mailing address shown below. The agreement will become effective upon your signature. 3. Please initial changes on ALL copies of the agreement on page(s) and return ALL copies for further processing to the mailing address shown below. 4. XY,_ Attached for your records Is a fully executed copy of subject agreement. To expedite payment, please include the agreement number on your invoice. 5. Attached are ( ) copies of this agreement which have been signed on behalf of the State Water Resources Control Board. When fully approved, please return the original, and any additional copies not needed for your processing, to the mailing address shown below. 6. It is necessary for us to receive from public agencies a resolution by the governing body authorizing execution of the agreement. 7. Other: If you are unable to return the enclosed agreement by please call of the Contracts Office at (916) Any other inquiries concerning the processing of this agreement should also be referred to the Contracts Office at the same phone number, or at 2125 19th Street, Sacramento. Carolee Western, Manager Contracts Office Division of Administrative Services Attachments CU201 (Rev.8 /81) MAILING ADDRESS: State Water Resources Control Board DAS — Contracts Office P.O. Box 100 Sacramento, CA 95801 $(dl^ wLlrf F1C$OLICr•c (, 6Y1lr9; Noel (i STAt7E GIANT CON 'T 'J fHANT CCI ( +TFA!T ILRIB 11c. i GitAaT 0.MCH0".EHT yc -Ly•V„ vater-Follufii`on on rol Project i r Energy and Resources Fund, State Assistance Program Statutes of 1931- ch. 99_ City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 m I - - - -— GRANTEE AUTHORIZED w.[[R [SENT 0.YIVE W� _ _ O O Jackie Heather 03300 Newport Blvd. -- - - -- - - - - -- - Newport Beach, CA 92663 J u 1 (714; 640 -2151 Desiltina System ? Appurtenant blorks - San Diego Creek Project - L eSCription of the Proje"Ct is contained in Exhibit "A" which is -- - - - - -I incorporated 'Herein. %,— ,rt - -• -- � ,Tptal Pro i ,lect ro R•.rcR cRAHr ���A__ -- s Total Pr o-ject T - t A`n F.NDE[) lGi,t,L �o0C7 441, 1 i SIGNAT U!:E OP AU(Mp P,I T.EIi 't °ep f9EN YATIVE SIJN{iLRE OF Ali HON I2iO I" _) l ' -1ty of view OS t Bee•Ch — sfAre OF CA1JrORNI0. pL,TC wA'![M R[i0 `J 9C E5 CO RTAt1L- L (NRNA - ••I'+ " ^ "' ' -14 /�/�/ T — gy -- ' C1 - - 1 j Ja ..ic Heather i �''T "— J-------------------- )� r TITtE Execuf_Iie {�;fector - - - - -- - - - -- i 0 ENERGY AND RESOURCES GRANT CONTRACT BETWEEN THE STATE WATER RESOURCES AND THE CITY OF NEWPORT FUN D CONTROL. BOARD TEACH This contract is made this day of J� 19�,J, between the State of California, acting by and through the State '.later Resources Control Board, hereafter referred to as the "State Board ", and the City of Newport Beach, a municipality duly organized, existing and acting pursuant to the laws of the State of California, hereafter referred to as the "Grantee "; WHEREAS: 1. The Clean Water and Water Conservation Bond Law of 1978 (Chapter 12.5, Division 7, Water Code) authorizes the State Board to enter into contracts with municipalities to aid in the construction of eligible state assisted projects; and 2. The Grantee has made application for a grant for the Project hereafter described and said Project has been determined by the State Board to be eligible for state assistance pursuant to the Clean Water and Water Conservation Bond Law of 1978; and 3. The California Legislature has allocated $1,304,000 from the Energy and Resources Fund (Budget Act item 394- 101 -190) for partial funding of the project hereinafter described; and 4. The State Board has authorized grant funding of the first phase of the Project, as hereinafter described, from the Energy and Resources Furd allocation in an amount not to exceed $1,304,000. 5. The State Board has authorized additional funding for the remaining phases of the project from the Clean Water and Conservation Bond Law of 1978 in an amount not exceeding $1,= 46,000 to be granted when funds become available. 6. The City of Newport Beach has agreed that its matching share of funds for the entire project will consist of $250,000 plus the value to the city of Newport Beach of the lands involved in the project which have been evaluated in the amount of $1,000,000. NOW, THEREFORE, the parties agree as follows: SECTION 1. PROJECT DESCRIPTION. The Project shall be known as the Des.iiting System and Appurtenant Works - San Diego Creek Project. The Project generally consists of construction of desilting basins within Stan Diego Creek, upstream fron the entrance to Upper -1- i • Newport Bay and the dredging of 250,000 cubic yards of silt from Upper Newport Bay, as more particularly described in the Final Grant Application of the Grantee and the Concept Approval Letter, Ey.hibit A of this contract. SECTION 2. INCORPORATION OF DOCUMENTS AND GRANTEE COMMITMENTS. Ti-lis contract incorporates the following documents: (a) Exhibit A, Concept Approval Letter; (b) Exhibit B, Grant Contract Standard Conditions; (c) Exhibit C, Grant Contract Special Conditions; (d) Exhibit D, Grant Payment Request Instructions; (e) Exhibit E, Fair Employment Practices Addendum; (f) Upon their completion, final plans and specifications approved by the State Board are incorporated herein and made a part of this contract. In the event of any inconsistency in the contract documents, except as other - ::ise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (1) The Grant Contract; (2) Exhibit C, Grant Contract Special Conditions; (3) Exhibit A, Concept Approval Letter; (4) Exhibit B, Grant Contract Standard Conditions; (5) Exhibit E, fair Employment Practices Addendum; (6) Exhibit D, Grant Payment Request Instructions. Grantee accepts and agrees to comply with all terms; provisions, conditions ad commitnents of this contract, including all incorporared documents. SECTION 3. REASONABLE PROJECT COST. The reasonable cost of the Project, for grant purposes, is agreed to be 51,554,000. SECTION 4. GRANT AMOUNT. LIMITATION ON GRANT AMOUNT. Subject to all terms, provisions, conditions and commitments of this contract, the State Board agrees to pay to the Grantee an amount which equals 83.9 percent of the eligible costs of the Project, provided, however, that in no event shall the State Board be obligated to pay, nor shall the Grantee request payment of, any amount in excess of $1,304,000 on account of Project costs. Grantee waives any and all claims against the State Board and the State of California on account of Project costs which may exceed the sum of $1,304,000. -2- 0 • SECTION 5. COMPLETION OF PROJECT. Grantee agrees to proceed expeditiously with, and complete, the Project in substantial accordance with final plans and specifications approved by the State Board, or in accordance with amended plans and specifications approved by the State Board. SECTION 5. GRA,TEE'S PAYMENT OF PROJECT COSTS. Grantee agrees to timely pay any and all costs connected with the Project, including, without limitation, any and all Project costs exceeding the State Board share of the Project costs. SECTION 7. INDEMNIFICATION. The Grantee agrees to indemnify the State of California, the State Board, and their officers, agents and employees against and to hold the same free and harmless from any and all claims, demands, damages, losses, costs, expenses, or liability due to or incident to the design, construction, existence or failure of the Project. SECTION 8. FEDERAL ASSISTANCE. Grantee agrees that, upon written notification from the State Board that federal funds may be available for Project costs or for reimbursement thereof other than under Title II of the federal Clean Water Act, the Grantee will apply for and make reasonable efforts to secure federal assistance on account of Project costs. Grantee further agrees that, if federal funds on account of Protect costs are made available to the Grantee within three years of Project complatian, and if such federal funds were not included as part of the Grantee's local stare at the time of execution of this contract, the Grantee will remit to the State Board 83.9 percent of all federal funds received up to the amount of grant funds received by the Grantee pursuant to this contract, provided that such remittance is not contrary to the terms on which the federal funds were received. SECTION 9. USEFUL LIFE. For purposes of this contract, the parties agree that the useful life of the Project is 20 years. SECTION 10. TERM. This contract shall take effect upon the date the Stat SFrvices approves the contract, following its approval approval by the State Department of Finance, and sha11 September 30,1982 in accordance with terms hereinafter ter.,n.inated, amended or extended pursuant to applicable contract. -3- Department of General or exemption from remain in effect until specified or unless conditions of this • • IN WITNESS THEREOF, the parties have executed this contract on the dates set forth below: STATE ATER RESOURCES CONTROL BOARD By : ���' 26 i Clint Whitney, Exeec/ ive Director Date: L� 1 ` 2 CITY OF NEWPORT BEACH ° By: C� lYackW Heather, Mayor Date: City of Newport Beach -4- STATE OF CALIFORNIA- RESOURCES AGO CALIFORNIA REGIONAL V ;ATER QUALITY CONTROL BOARD SANTA ANA REGION 6009 INDIANA AVENUE, SUITE 200 RIVERSIDE, CALIFORNIA 9250b PHONE: (714) 694 -9330 Sentember 22, 1931 EXHIBIT A CONCEPT APPROVAL LETTER Honorable Jackie Heather, Mayor City of Newport Beach 3300 hlewport Boulevard ;Newport Beach, CA 92663 Dear Mayor Heather: Revised 1 - City of Newport B EOPAUND C. GROWN JR_, Governor This is to revise the concept approval for the subject project originally provided in my letter of August 25, 1931. This revision is necessary because of the need to move forward with an Early Action Program for desilting facilities using funds pro- vided from the Energy Resources Grant Funds. Significant delays are anticipated in financing the total project originally anticipated by combining the Energy Resources Funds and those from the State Assistance Program. It is anticipated that the original project proposed by the City of Newport Beach will be completed vi'nen resources are available tram the State Assistance Program. However, as presently proposed, the project will be described as follows: Construction of a desilting basin within San Diego Creek between Campus Drive and the Irvine Ranch Water District Sewer Interceptor Crossing. This basin will require excavation of 90,000 cubic yards of soil to a depth of 5.0 feet mean sea level. A drop structure would be built at the interceptor crossing with a weir and drop structure at Campus Drive. A second weir would be constructed at McArthur Boulevard if sufficient funds are available. Lligible Costs: The following items will be eligible for grant assistance from the Energy Resources Fund which were incurred after July 1, 1931: 1. Planning design and construction of desilting basins and appurtenant works within San Diego Creek and Up ?er 71.noport Bay. 2. Costs incurred in obtaining necessary r=_rmits, licenses and environ- wental documents on this project in San Diego Creek and Upper Newport Bay. s r tiayor Jackie Heather -2- September 22, 1981 Conditions of Concept Approval: The concept approval is contingent on the following items which will constitute expressed conditions in the grant contract between the City of Newport Beach and the State '.Dater Resources Control Board: 1. All necessary permits and licenses are obtained and the environ- mental impact process is complete. 2. The commitment for ongoing maintenance of the facilities has been provided by the Orange County Flood Control District in a letter dated September 4, 1981. (copy attached) 3. The City of Newport Beach will agree to become the lead agency in obtaining commitments from local agencies within the watershed to implement the best management practices contained in the 208 Plan for the Newport Bay Watershed when adopted but no later than March 1983. This work will be conducted in conjunction with the Southern California Association of Governments or their successors in the 203 planning program. The Grant Contracts will contain a provi- sion in Exhibit C withholding $20,000 until satisfactory completion of this task. (This withhold of funds will not apply if the Legislature eliminates condition 1(b) from the Budget Act Item 394 - 101 -190.) 4. The funds expended by the City of Newport Beach to,,vard this project will be included and applied to the required matching funds in any future State Assistance Program grant. 5. Within two weeks following the execution of a contract for grant assistance with the State 'Water Resources Control Board, the City of Newport Beach shall submit a time schedule for the construction of this project for approval by the State Project Manager. The schedule shall include at least the following events: a. Advertise for construction bids, b. Award construction contract, c. Start construction, d. Complete construction, e. Submittal of initial project summary report, and f. Complete audit and final billing. 6. Construction bids shall not be awarded until authorization to award is provided by the State Project Manager. It is understood that the City of Newport Beach has expended funds to develop this project for the protection of Newport Bay. These funds will be reimbursed from the Energy Resources Fund to the extent documentation is provided for the prior expen- diture by the City toward completion of this project. Mayor Jackie Heather • -3- 0 September 22, 1981 Please feel free to contact me at your convenience if there are any questions regarding this matter. Sincerely, Original Signed By JA12S W. LUERSON JA51ES W. ANDERSON Executive Officer /Project (tanager cc. Clint Whitney, Executive Officer, SWRCB Omer King, Office of :later Recycling, SARCB Bill White, Office of the Chief Counsel, SWRCB Jesse Diaz, Special Projects, SWRCB Donald Simpson, Consulting Engineer, City of Newport Beach Fred Worthley, Dept. of Fish and Game, Long Beach David DiJulio, SCAG Dale Claypoole, Legislative Analyst J''A: dml MURRAY STORM • • DIRECTOR 4 our\iTV of MAILING ADDRESS: P.O. Box 40Sa r� C SANTA ANA, CA 92702 ENYtRONMENTAL MANAGEMENT AGENCY J Q� 811 NORTH BROADWAY �CQ SANTA ANA, CALIFOaNIA FILE MS 77.810 G• �0� 71 41 934-23C5 SEP 4 1981 Mr. James Anderson Executive Officer California Regional Water Quality Control Board Santa Ana Region 6809 Indiana Avenue, Suite 200 Riverside, California 92506 SUBJECT: Maintenance of Proposed San Diego Creek Desilting Facilities Dear Mr. Anderson: It is our understanding that the legislation appropriating funds for the subject facilities includes the condition that "Local agencies provide for ongoing main- tenance of the sedimentation basins." In previous correspondence I have person - ally expressed the intent of this Agency to maintain these facilities for the protection of Upper Newport Bay. The City of Newport_ Beach recently informed me that you have requested an additional statement of our commitment. The Orange County Environmental Management Agency considers the maintenance of the reach of the San Diego Creek Flood Control Channel between Jamboree Road and the San Diego Freeway for both flood and sediment control purposes to be a high priority program. Currently, sediments accumulated in this reach are removed either (a) when contractors needing the material can be located to mine the material for free or for a nominal charge (e. g. 10,,/cu. yd.) or (b) whenever, in our judgement, material must be removed to prevent unnecessary danger to life or property and funding is available for this purpose. In addition, sediment removal can proceed only if and when needeu permits are obtained. In light of these factors, it is the intent of the Environmental Management Agency that the desalting basins proposed for construction within the San Diego Creek Flood Control Channel be scheduled for sediment removal whenever the deposition reaches a level two feet above the design grade of the channel. We will rely on the assistance of the California Regional Water Quality Control Board (RWQCB) and the Department of Fish and Came in obtaining all needed permits and approvals. For example, the elevated dry- weather flows in San Diego Creek promote the growth of willows and other vegetation which must be removed prior to sediment removal. The assistance of the R'WQCB in eliminating or limitin; all Mr. James Anderson Page 2 persistent point and non -point dry- weather discharges into the San Diego Creek is also requested. In addition, the assistance of all interested parties in implementing BHPs (e.g., spray or drip irrigation, etc.) to reduce dry weather discharges into San Diego Creek (direct or via elevation of perched water table) is accepted. Finally, all maintenance activities will be initiated after April 15 of any year. I hope that this information adequately responds to your concerns regarding this Agency's commitment to maintain the proposed desilting facilities in San Diego Creek. We look forward to working with the Regional Board and all other concerned agencies in the protection and restoration of Upper Newport Bay. Sincerely, M. Storm, Director DRC:gv532(112) cc: Supervisor Thomas F. Riley Department of Fish and Came City of Newport Beach The Irvine Company Don Simpson EXHIBIT B GRANT CONTRACT STANDARD CONDITIONS ARTICLE 1. DEFINITIONS. The following terms shall have the meaning hereafter ascribed to them unless the context clearly requires a contrary meaning: A. "Eligible Project Cost" means, except as otherwise provided, reasonable and necessary Project costs actually incurred by the Grantee after July 1, 1981•, in construction of the Project which are otherwise eligible for state assistance pursuant to state laws, rules, regulations, guidelines and this contract. Necessary costs may include, but are not limited to: (1) Costs of salaries, benefits and expendable -material; (2) Professional and consultant services; (3) Construction contracts; (4) Materials acquired, consumed or expended specifically for the Project; (5) Costs of complying with the California Environmental Quality Act, including costs of public notices and hearings; (6) Preparation of construction drawings, specifications, estimates, and construction contract documents; (7) Removal and relocation or replacement of utilities if the Grantee is legally obligated to pay therefore; (8) Compliance with procurement requirements; (9) Construction of the approved project facilities; (10) Project identification signs; (11) Audit costs required by this contract; (12) The following costs, but only if and to the extent expressly approved in writing by the State Board: (a) Facilities planning; (b) Project feasibility and engineering; (c) Landscaping; (d) Development and preparation of operation and maintenance manuals; (e) Plans of operation; -1- (f) Start -up services; (g) Site acquisition costs; (h) Indirect costs of the Grantee; (i) Costs incurred prior to full execution of this contract. B. "Ineligible Project Cost" means all costs which are not eligible for state assistance pursuant to state laws, rules, regulations, guidelines or this contract, even though incurred by the Grantee, including those that are deemed by the State Board to be unreasonable or unnecessary. Such costs include, but are not limited to: (1) Bonus payments for early completion of construction; (2) Personal injury compensation or damages arising out of or connected with the Project, whether determined by adjudication, arbitration, negotiation or otherwise; (3) Fines and penalities due to violation of or failure to comply with federal, state or local laws and ordinances; (4) Costs outside the scope of the approved Project; (5) Interest on bonds or any other fora of indebtedness required to finance Project costs; (6) Ordinary operating expenses of the Grantee, such as salaries and expenses of management personnel, except as specifically approved in writing; (7) Costs for which payment has been or will be received under any federal assistance program within three years of project completion, if such federal funds were not included as part of the Grantees local share at the time of the execution of this contract; (8) Preparation of grant applications; (9) All costs incurred in violation of the terms, provisions, conditions or commitments of this contract; (10) All costs arising out of or attributable to Grantee's malfeasance, misfeasance, mismanagement or negligence; (11) All costs arising out of or connected with contractor claims against the Grantee, or those persons for whom the grantee may be vicariously liable, including, but not limited to, any and all costs related to defense or.settlement of such claims; -2- (12) All costs specified in Article 1 A (12) above, unless expressly approved in writing. C. "Construction Management Plan" means the plan prepared by the Grantee specifying the management procedures and techniques that will be employed to control the construction process and complete the Project in the most efficient manner. The Construction Management Plaa shall include items on construction contracting procedures, services during construction, Grantee organization and personnel, management procedures and techniques, and a master schedule. D. "Financial Plan" means arrangements made by the Grantee to finance its portion of the Project cost, including reserves for cash flow during the construction period. E. "Force Account" means the method of utilizing the Grantee's own employees for design, construction or construction related activities on the project in lieu of subcontractors. ARTICLE 2. PROJECT OFFICIALS. A. The State Board Project 'tanager shall be James W. :vderson of the California Regional Water Quality Control Board, Santa Ana Region. B. The State Board Project :tanager shall be the State ?,card's representative for administration of the contract and shall have authority to make deter- minations and findings with respect to each controversy arising under or in connection with the interpretation, performance, or payment for work performed under the contract. Disputes shall be resolved i1 accordance with Article 15 of this Exhibit. C. The Grantee Project Director shall be Donald Simpson. The Grantee Project Director shall be Grantee's representative for :..e administration of the contract and shall have full authority to act on behalf of the Grantee. All communications given to the Grantee Project Director shall be as binding as if given to the Grantee. D. Either party may change its Project Manager or Director upon written notice to the other party. ARTICLE 3. GRANTEE'S GENERAL RESPONSIBILITY. Grantee is solely responsible for design and construction of the Project. Review and approval of plans, specifications, bid doc=—ents or other construc- tion documents, or approval- to-award of contracts by the State Board is solely for the purpose of proper administration of grant funds by the State Board and shall not be deemed to relieve or restrict the Grantee's responsibility. 1. Z ARTICLE 4. GRANTEE ASSURANCES AND COMMITMENTS. Without limitation of Article 3 above, Grantee agrees that: A. Compliance With Contract. Grantee shall comply with all terms, provisions, conditions and commitments of this contract, efficiently and effectively manage grant funds, complete the Project in a diligent manner and monitor and report performances. B. Compliance With Laws Regulations Etc. Grantee shall at all times comply with all applicable federal and state laws, rules and regulations, and all applicable local ordinances, specif- ically including, but not limited to, environmental, procurement and safety laws, rules, regulations and ordinances. C. Fulfillment of Assurances, Declarations, Etc. Grantee shall fulfill all assurances, declarations, representations and statements made by the Grantee in the application, documents, amendments and communications filed in support of its request for grant. D. Use of Grant Funds. Grantee shall expend all grant funds solely for eligible Project costs. Grantee shall, upon demand, remit to the State Board any grant funds not expended for eligible Project costs, or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this contract. Any grant funds so remitted to the State Board shall include interest equal to the rate earned by the State Pooled Investment Fund or the actual interest earned by the Grantee on the funds, whichever is greater. E. Permits and Licenses. Grantee agrees to procure all permits and licenses necessary to complete the Project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful prosecution of the Project work. F. Minority and Small Business Participation. Positive efforts shall be made by the Grantee to utilize small business and minority owned business sources of supplies, services and work for the Project. Any subcontracts let by the Grantee for Project work shall require similar positive efforts by the contractor. Positive efforts should be such as to allow such sources the maximum feasible opportunity to compete for all Project work. G. Architectural /Engineering Services. (1) Negotiation. Grantee shall properly negotiate all subcontracts for architectural /engineering services for the Project in accordance with all state and local requirements to assure competent and professional services at a fair and reasonable price. -4- (2) Submission oSubcontracts. Grantee shall suit copies of all architectural /engineering subcontracts to the State Board Project Manager immediately upon execution thereof. H. Site Assurances. Prior to the advertisement for bids for construction work, the Grantee agrees to demonstrate to the satisfaction of the State Board that the Grantee has a fee simple or such other estate or interest in the site of the Project and rights of access sufficient to assure undisturbed use and possession of the site for the useful life of the Project. I. Financial Plan. Prior to advertisement for bids for construction work, the Grantee agrees to submit for approval a Financial Plan acceptable to the State Board Project Manager. J. Solicitation of Bids. Bids for construction work shall not be solicited until authorized in writing by the State Board Project Manager. K. Compliance With Plans and Specifications. Grantee agrees that plans and specifications upon which bids are solicited for construction work shall be substantially the same as the final plans and specifications submitted to and approved by the State Board Project Manager at the time of solicitation of bids. L. General Subcontract Requirements. Grantee assures that all subcontracts for work on the Project shall require the subcontractor to: (1) Minority and Small Business. Make positive efforts to utilize small and minority owned businesses. (2) Books and Records. Maintain books, records, documents and other evidence pertinent to the subcontractor's work on the Project in accordance with generally accepted accounting principles and practices. (3) Maintenance of Books and Records. Retain and maintain such books, records, documents and other evidence for at least three years after the date of completion of the Project or final audit, whichever is later. (4) Access to Books and Records. Make such books, records, documents, and other evidence available to the State Board Project Manager, or any authorized representative, during the course of construction and for at least three years after completion of the Project, and provide suitable facilities for access, inspection and copying thereof. -5- i • (5) Non - Discrimination. Not discriminate against employees or against any applicant for employment because of ethnic group identification, religion, age, sex, color, national origin, or physical or mental disability. M. Specific Construction Subcontract Requirements. (1) Competitive Bidding. Any subcontract let by the Grantee for construc- tion of the Project, or any part thereof, which is in excess of $10,000 or which is in excess of any smaller amount for which bids are required by law or ordinance, shall be let by competitive bid procedures which assure award of the subcontract to the lowest responsible bidder, except as otherwise authorized by law and approved in writing by the State Board. (2) Bonding. Any subcontract let by the Grantee for construction of the Project, or any part thereof, which is in excess of $10,000 or any smaller amount for which payment or performance bonds are required by law or ordinance, shall require payment and performance bonds, each of which shall be in an amount not less than 100 percent of the contract price. Grantee shall submit to the State Board a copy of all such bonds. (3) Insurance. Any subcontract let by the Grantee for construction of the Project, or any part thereof, shall require that contractors obtain such construction insurance (e.g., fire and extended coverage, workman's compensation, public liability and property damage, and "all- risk" coverage) as is customary and appropriate. (4) Access. Any subcontract let by the Grantee for construction of the Project or any part thereof will permit the State Board, or its authorized agents, to have access to the work whenever it is in preparation or progress and provide that the subcontractor(s) will provide proper facilities for access and inspection. N. Bid Opening and Award. Promptly upon bid opening, the Grantee shall advise the State Board Project Manager of any proposed award of construction subcontracts and shall supply such information and documentation as may be required by the State Board Project Manager to evaluate the bid process, bids received and proposed award. Construction subcontracts shall not be awarded by the Grantee until approval of award in writing by the State Board Project Manager. 0. Construction Activities and Compliance with Scheduling. (1) Payment of Contractors. The Grantee shall make payments to its contractors promptly as payments become due to such contractors. (2) Archeological or Historical Resources. Should a potential archeological or historical resource be discovered during construction, Grantee agrees that all work in the area of the find will cease until a qualified archeologist has evaluated the situation and made recommendations to the State Boaf Cultural Resources Officer, a4n?the State Board Project Manager has determined appropriate actions regarding preservation of the resource. Grantee agrees to implement appropriate actions as directed by the State Board Board Project `tanager. (3) Strict Schedule Compliance. Grantee agrees to comply strictly with all Project schedules set forth in this contract, including such schedules as may be included in exhibits incorporated herein, except insofar as such schedules may be amended as provided herein. (4) Supervision and Inspection. The Grantee shall assure that adequate supervision and inspection of Project construction activities are maintained. ARTICLE 5. PROJECT ACCESS. The Grantee shall insure that the State Board, or any authorized representative, will have suitable access to the Project site at all reasonable times during Project construction and for the useful life of the Project. ARTICLE 6. RECORDS. A. The Grantee shall establish an official file for this Project. The file shall contain adequate documentation of all actions taken with respect to the Project. B. The Grantee shall establish separate accounting records for deposit and disbursement of all grant funds. C. The Grantee shall maintain books, records, documents and other evidence sufficient to reflect properly the amount, receipt and disposition of all Project funds, including State Board grant funds and any matching funds of the Grantee, and the total cost of the Project. All Grantee records relevant to the Project will be preserved until three years after Project completion or final audit, whichever is later, and shall be subject at all reasonable times to inspection, copying and audit by the State Board, or any authorized representative. D. If a Force Account is used by the Grantee for any phase of the Project, the Grantee shall notify the State Board prior to its use and shall use a positive time reporting system to account for those project costs using this method. ARTICLE 7. ACCOUNTING AND AUDIT REQUIREMENTS. Grantee agrees that audit and accounting procedures shall be in accordance with generally accepted accounting principles and practices, consistently applied, and will provide sufficient and effective accountability and control of all Project funds. The Grantee further agrees to the following audit requirements: A. Pre — Payment Audit. Prior to the first payment to the Grantee, the State Board shall require the Grantee to have a system audit performed -7- • • by an auditor satisfactory to the State Board to insure that the Grantee's accounting system meets generally accepted accounting principles. B. Interim Audit. The State Board reserves the right to call for an audit at anytime between the execution of this grant contract and the com- pletion or termination of the Project. C. Final Audit. Upon completion of the Project, Grantee shall expedi- tiously submit to the State Board a final audit report in scope and detail and prepared by an auditor satisfactory to the State Board Proj ect Manager. ARTICLE 8. REPORTS. The Grantee agrees to submit progress reports as required by the State Board Project Manager during the course of construction. In addition, Grantee shall immediately advise the State Board Project Manager of any significant problems arising during the course of construction. Without limitation of the foregoing: A. Bimonthly Reports. The Grantee agrees to submit bimonthly progress reports to the State Board Project Manager during the construction phase. The reports shall include but not be limited to review of construction progress during the reporting period, invoices submitted and payments made. B. Final Project Summary Report. The Grantee agrees to submit to the State Board Project Manager, ten (10) copies of a Final Project Summary Report immediately following completion of Project construction. The report shall describe the finished Project features and provide appropriate data and visual material suitable for public distribution. C. Annual Reports. The Grantee agrees to submit annual progress reports to the State Board Project Manager during the term of this contract and for a period of five years from the date of completion of Project construction. The reports shall include but not be limited to a review the progress of the Grantee in regard to any special conditions set forth in Exhibit C. ARTICLE 9. DISCRIMINATION BY GRANTEE. Grantee shall not discriminate against any employee who is employed in the Project work or against any applicant for such employment because of ethnic group identification, religion, age, sex, color, national origin, or physical or mental disability. ARTICLE 10. CHANGES. A. Grantee agrees that no substantial change in Project work will be permitted without prior written approval of the State Board Project Manager. In no a 0 event shall the Grantee substantially change the scope of the Project, provide for work which increases the cost of the Project in excess of $1,554,000, or provide for extension of the completion date of the Project without Amendment of the Contract. B. Copies of all change orders relating to the Project, regardless of whether they require written approval, shall be promptly submitted to the State Board Project Manager. ARTICLE 11. WITHHOLDING OF GRANT DISBURSEMENTS. A. The State Board may withhold all or any portion of the grant funds provided for by this contract in the event that: -8- (1) Grantee Resolution. The Grantee has failed to provide a copy of resolution passed by its governing body authorizing execution of the contract and designating an authorized representative to execute the contract and to sign all requests for disbursement. (2) Contract Violations. The Grantee has substantially violated any of the terms, provisions, conditions or commitments of this contract. (3) Unsatisfactory Project Progress. The Grantee is unable to demonstrate, to the satisfaction of the State Board Project Manager, continuous availability of sufficient funds to complete the Project. B. In the event that grant funds are withheld from the Grantee, the State Board Project Manager shall notify the Grantee of the reasons for withhold and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withhold. ARTICLE 12. DISBURSE`fENT. A. Subject to the terms, provisions, conditions and commitments of this contract, disbursement of grant funds shall be made as follows: (1) Costs Prior to Award of Construction Subcontracts. Payment of the State Board share of eligible Project costs incurred by the Grantee after July 1, 1981, but prior to award of construction subcontracts shall be made promptly, upon proper request after award of construction subcontracts by the Grantee. (2) Payments for Subsequent Costs. Additional payments of the State share of eligible Project costs incurred by the Grantee after award of construction subcontracts may be requested as needed to meet the Grantee's cash flow requirements. A monthly payment request shall be processed if the request is for the pro rata grant share of at least 5 percent of the eligible cost or if the request is for at least $500,000. There shall be a minimum rime of one month between sub- sequent grant payment requests. 11 r (3) Final Payment. Subject to retention provisions set forth in Article B below and Article 3, Exhibit C, final payment shall be made when the Project is 100 percent complete and completion notices have been filed with the State Board Project Manager by the Grantee. (4) Retained Amounts. All retained amounts due the Grantee shall be disbursed, without interest, after acceptable completion of the Project and receipt of an acceptable final audit and compliance with Article 3, Exhibit C. B. Notwithstanding any other provision of this contract, a retention of up to 10 percent of the maximum grant amount may be retained until filing of an acceptable final audit. Normally, however, no further retentions will be made after the Project is 50 percent complete if the Project is pro- ceeding satisfactorily as determined by the State Board Project Manager. Normally, upon request for final payment, the retention will be reduced to 2 percent of the maximum grant amount if it appears to the State Board Project Manager that the Project and the terms of the contract have been satisfactorily completed. C. All requests for payment shall be accompanied by a certification by the Grantee's Project Director that all costs for which payment is requested have been incurred, that to the best of his or her knowledge the costs are eligible under this contract, and that the work or material for which payment is requested is satisfactory. ARTICLE 13. TERMINATION. A. This contract may be terminated, prior to award of construction subcontract(s) for the Project, by the State Board, acting through it's Project Manager, at its option, where it appears that there will be lack of state funds available to fulfill this contract, provided that after such termination, the Grantee shall be entitled to an amount which equals the eligible Project costs which have actually been incurred by the Grantee prior to such termination. B. This contract may be terminated prior to completion of the Project, by the State Board, acting through it's Project Manager, at its option, upon: (1) Contractual Violations. Failure of the Grantee, after written notice from the State Board Project Manager of the nature of the failure, to comply with the terms, provisions, or conditions of this contract, or (2) Lack of Local Funding. Failure of the Grantee to provide the local share of the total Project costs necessary for completion of construction. C. In the event of such termination, pursuant to Article 13 B above, Grantee shall, upon demand, immediately refund to the State Board an amount equal to all grant funds previously disbursed to the Grantee. Any grant funds so remitted to the State Board shall include interest equal to the rate earned by the State Pooled Investment Fund or the actual interest earned by the Grantee on the funds, whichever is greater. -10- 11 ARTICLE 14. DISPUTES. • A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under or relating to the performance of this contract which is not disposed of by agreement shall be decided by the State Board Project Manager, who shall reduce his decision to writing in regard to the dispute and mail or otherwise furnish a copy thereof to the Grantee and to the State Board's Executive Director. The decision of the State Board Project Manager shall be final and conclusive unless, within thirty (30) calendar days from the date of receipt of such copy, the Grantee mails or otherwise furnishes to the State Board's Executive Director a written appeal. The decision of the State Board's Executive Director or his duly authorized representative for determination of such appeals, shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Grantee shall proceed diligently with the per- formance of the contract and in accordance with the written decision of the State Board Project Manager which is the subject of the Grantee's appeal. B. This clause does not preclude consideration of legal questions in connec- tion with decisions provided for in Article 14 A above provided that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. ARTICLE 15. OPINIONS AND DECISIONS. Where the terms of this contract provide for action to be based upon the opinion, judgment, approval, review, determination or decision of the State Board or any representative thereof, such terms are not intended to be and shall not be construed as permitting such opinion, judgment, approval, review, determination or decision to be arbitrary, capricious or unreasonable. ARTICLE 16. REMEDIES. Grantee agrees that any remedy provided in this contact is in addition to and not in derogation of any other legal or equitable remedy available to the State Board as a result of breach of this contract by the Grantee, whether such breach occurs before or after completion of the Project. In the event of litigation between the parties hereto arising from this contract, it is agreed that the prevailing party shall be entitled to such reasonable costs and /or attorney fees as may be ordered within the discretion of the court. -11- i ARTICLE 17. PROJECT SIGNS. During construction of the installed at an appropriate financed by the State Water ARTICLE 18. WAIVER. C Project, the Grantee shall cause a sign to be location which shall indicate that the Project is Resources Control Board. The parties hereto may, from time to time, waive any of its rights under this contract unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver. ARTICLE 19. AMENDMENT. This contract may be amended at any time by mutual written agreement of the parties. -12- EXHIBIT C GRANT CONTRACT SPECIAL CONDITION'S ARTICLE 1. WATER CONSERVATION PROGRAM OR ACTIVITIES 0 Grantee shall continue to carry out the water conservation activities described in the letter of January 9, 1981, from Robert L. Wynn to Omer King (copy attached), or other water conservation activities acceptable to the State Board. ARTICLE 2. CONCEPT APPROVAL LETTER CONDITIONS Other special conditions for this grant contract are contained in the Concept Approval Letter, Exhibit A of this grant contract, and shall be construed as special conditions as though contained herein. ARTICLE 3. SPECIAL WITHHOLD OF ENERGY RESOURCE GRANT FUNDS The State Board shall withhold from the Grantee $20,000 in Energy Resource Grant Funds, until Condition 1(b), Item 394 -101 -190 of the FY 1981 -82 Budget Act is met. CITY OF NTEWPORT BEACH �J OFFICE OF THE CITY MANAGER (714) 640 -2151 January 9, 1981 Omer King State Water Resources Control Board Box 100 Sacramento, CA 95801 Re: Clean Water Bonds /Water Conservation Dear Mr. King: In response to your letter of December 23,:1980, we are submitting the following information regarding water conservation activities in the City of Newport Beach. Chapter 14.16 of the Newport Beach Municipal Code governs water use in the City. A copy of the chapter is attached. Water bill en- closures and periodic press releases are utilized to encourane wa ter conservation. The City fully supports activities of the Southern District Urban Water Conservation Program, under which water conservation kits are being mailed to every home in the county. The kits contain flow restrictors, a displacement device for toilet tanks, and dye tablets to test for toilet tank leaks. Wastewater in Newport tion District (OCSD) About ten percent of recycled for on -site vehicles. All waste cycled for such uses Beach is treated by the Orange County Sanita- and by the Irvine Ranch Water District (IRWO ). the water going to the OCSD treatment plant is uses such as irrigation and washing of District eater going to the IRWD treatment plant is ye- as greenbelt and golf course irrigation. As a condition of approval, all new development in the City of Newport Beach must incorporate water conservation measures. These include the following: The landscape plan shall place a heavy emphasis on the use of drought- resistent native vegetation and be irri- gated via a system designed to avoid surface runoff and over watering. That final design of the project provides for the incor- poration of water-saving devices for the project lava- tories and other water using facilities. City Hall • 3300 Newport 13oulcvard, Ne%vport Beach, California 92663 -z- .The project landscape plan will demonstrate that the project landscaping shall be irrigated via a drip ir- rigation system, or other measur -es as approved by the Parks, Beaches and Recreation and Community Develop- ment Departments. That applicants shall work with the Directors of Com- munity Development and Public Works, and the City Water Department to formulate a water conservation program which will enable all of the project components to reduce water consumption below normal rates. We hope this information will aid the Water Resources Control Board in evaluating the City's application for Clean Water and Conserva- tion Bond funds. cerely, ROBERT L. WYNN City Manager RLW:nma Attachment a WATER USE 0.12.200 -14.12 -230 14.12.200 Tenant Deposit. In the event that the applicant for water C service shall not be the owner in fee of the property to be supplied with water, or does not own the improvements thereon. a deposit shall be required equivalent to one and one -half times the average bimonthly billing for the user classification applicable to the property, as determuned by the Finance Director. 1Vhen the deposit has been made and 211 other conditions of serving water have been met, water shall be supplied. (Ord. 1206 § S; February 27, 1967; prior Code § 7221 as amended by Ord. 934; August 8, 1960). 14.12.210 Vacating Premises. Whenever a consumer shall vacate any premises, he shall immediately give written notice therzof to the Water Department. Upon the receipt of such notice, the Department shall read the water meter, shut off the water from the premises and immediately present to the consumer all unpaid bills for water furnished by the City to him up to that time. Thereupon, the consumer shall pay the bills to the Water Department. In the event that the consumer shall have made a deposit with the Department, as required in Section 14.12.200, the balance, if any, of such deposit shall be returned to the consumer, after deducting therefrom the amount of the bills. Until such notice and payments shall have been made, the premises shall be deemed occupied by such consumer and his liability continued. (1949 Code § 7222). 14.12.220 Change of Address. Failure to receive mail w11 not be recognized as a valid excuse for failure to pav water rats when due. in occupancy of property supplied with City water and changes in mailing addresses of consumers of City water must be filed in writing at the Water Department on forms provided for that purpose. (1949 Code § 7723). 14.12.230 Renewing Service. Each owner or occupant of any premises previously connected with the City water system desiring to rene ;_: the se of water shall make application for renewal of water service and upon payment of all unpaid charges, if any, together with a turn-on charge as specified in Section 14.12.150, the water will be turned on. (1949 Code § 7224). Chapter 14.16 WATER USE Sections: 14.16.010 Use of Water During Fig.. - 14.16.01_0 Compliance with Regulations. 14.16.025 Waste Water. ( 14.16.030 Water Emergency Duties of City Manager. 14.16.040 Declaration of Water Emergency. 14.16.045 Water Emergency Regulations. 281 (Newport BcuU 1- 15 -78) i l f 1] 14.16.010- 14.16.040 WATER AND SEWERS 14.16.050 Effect of Special Regulations. 14.16.060 Duration of Special Regulations. 14.16.010 Use of Water During Fire. No person shall use any water for irrigation or any steady flow during the progress of any fire in the City, unless for the protection of property, and all irrigation and sprinkling shall immediately be stopped when an alarm of fire is sounded in any part of the City, and shall not be begun again until the fire is extinguished. (19'.9 Code § 7225). 14.16.020 Compliance with Regulations. No person shall cause or permit water under his control to be tasted, or use the water for purposes other than those named in the application upon which rates for water use are based, or use water in violation of any provision of this Chapter. (Ord. 1755 § 1, 1977: 1949 Code § 7226). 14.16.025 Waste Water. (a) Gutter Flooding. No person shall cause or permit water to run or escape from any hose, pipe, valve, faucet, sprinkler or irrigation device into any Gutter, or otherwise to escape from the property if such running or escaping can reasonably be prevented. (b) Leaks. No person shall permit or allow water to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures which he has authority to eliminate. (Ord. 1755 § 2, 1977). 14.16.030 Water Emergency Duties of City ;11ana_er. The City ?.lanager of the City of Newport Beach, in the event of a finding by him that an emergency exists as a result of the amount of water available for use in the City and by parties contracting v:ith the City, is hereby granted the following powers to be exercised by Nn. in the order that he deems to be for the benefit and best interest of the City and of the persons, firms or corporations using City water: (a) To proclaim and order that no water user shall use any water to the extent that any such water shall leave or run off the immediate property on which the water is being used. (b) To proclaim and order that the water used by contracting persons located outside of the city limits be restricted to the extent necessary in his judgment. (c) To make such other proclamations and orders as shall, in his judgment, be deemed necessary to maintain sufficient water for domestic use by residential water users within the City of Newport Beach. (Ord. 794 § l; July 23, 1956). 14.16.040 Declaration of Water Emergency. In the event of a water emergency, the City %Lnager shall declare such emergency to exist in writing and shall file the declaration with the City Clerk. (Ord. 794 § 2; July 23, 1956). (Newport Beach 1- 15 -78) 282 I r I i i WATER ".METERS 14.16.045- 14.20.010 14.16.035 Water Emerincy Regulations. In addition to water 1/ emergency proclamations of the City %lanager, during the time of a declared water emergency the following regulation shall be in effect: (a) Washing Hard - surfaced Areas. No person shall use fresh water to wash boats, automobiles or trailers or hand- surfaced areas such as driveways, sidewalks, parking lots, streets and roads, by hosing. (b) Omamental Facilities. No person shall refill any fountain, pool or other facility containing water solely for ornamental purposes emptied during the declared water emergency. (c) Restaurants. Restaurants shall only serve water to customers upon request by the customer. (Ord. 1755 § 3, 1977). 1 14.16.050 Effect of Special Regulations. When the orders, rules and regulations made and promulgated pursuant to Section 14.16.030 shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. (Ord. 794 § 3, 1956). 14.16.060 Duration of Special Regulations. Rules, orders, regulations and restrictions promulgated by the City Manager pursuant to Section 14.16.030 shall continue during the time of such emergency as determined by the City Manager or by the City Council. (Ord. 794 § 4, 1956). Sections: 14.20.010 14.20.0'_0 14.20.030 14.20.0110 14.20.050 14.20.060 Chapter 14.20 WATER METERS Property of City — Damaged or Lost Meters Dieter Tests. Dieter Test Deposit_ Tampering with Meters Prohibited. Dieter Placement. Meters Inside Premises. 14.20.010 Property of City — Damaged or Lost deters. All meters. unless otherwise authorized by the Superintendent, shall be and remain the property of the City and will not be removed unless the use of water on the premises is to be entirely stopped, or the service connection discontinued or abandoned. In all cases where meters or meter boxes are lost. injured or broken by carelessness, or by the negligence of the owners or occupants of premises, they shall be replaced or repaired by the Water Department and the cost charged against the owner or occupant: and in the case of nonpayment, the wutershall be shut offs provided in Section 14.1'_.150. In the event the meter is out of order. or fails to register properly. the consumer shall be char- ed on an estimate made by the Water Department on 283 (Newport B.3.h 9a0) EXHIBIT D GRANT PAYMENT REQUEST INSTRUCTIONS 1. Promptly upon bid opening, the Grantee shall advise the State Board Project Manager of any proposed award of construction subcontracts and shall supply such information and documentation as may be required by the State Board Project Manager to evaluate the bid process, bids received and proposed award. Construction subcontracts shall not be awarded by the Grantee until approval of award in writing by the State Board Project Manager. 2. Prior to the first payment to the Grantee, the State Board shall require the Grantee to have a system audit performed by an auditor satisfactory to the State Board to insure that the Grantee's accounting system meets generally accepted accounting principles. 3. Within 10 days after the successful completion of 1 and 2 above, the State Board Project Manager shall provide the Grantee with Grant Payment Request Forms and a description of the documentation required for payment. 4. Payment of the State Board share of eligible Project costs incurred by the Grantee after July 1, 1981, but prior to award of construction subcontracts shall be made promptly, upon proper request after award of construction subcontracts by the Grantee. 5. Additional payments of the State share of eligible Project costs incurred by the Grantee after award of construction subcontracts may be requested as needed to meet the Grantee's cash flow requirements. A monthly payment request shall be processed if the request is for the pro rata grant share of at least 5 percent of the eligible cost or if the request is for at least $500,000. There shall be a minimum time of one month between subsequent grant payment requests. 6. The Grantee shall prepare the invoice in five (5) copies, the original and three (3) copies for use by the State Board and one (1) copy for the Grantee's records. The Grantee Project Director shall sign each copy of the invoice, certifying, under penalty of perjury, that the statement and the payments requested are true and due under the terms and conditions of the grant contract between the Grantee and the State Board. 7. The Grantee shall submit the original and three (3) copies of the invoice to the State Board Project Manager, James W. Anderson, California Regional Water Quality Control Board, Santa Ana Region, 6809 Indiana Avenue, Suite 200, Riverside, CA 92506. It is expected that it will take approximately 60 calendar days to process the requested payment from date of submission by Grantee to the issuance of a warrant by the State Controllers Office. -1- 8. Notwithstanding any other provision of this contract, a retention of up to 10 percent of the maximum grant amount may be retained until filing of an acceptable final audit. Normally, however, no further retentions will be made after the Project is 50 percent complete if the Project is proceeding satisfactorily as determined by the State Board Project :tanager. Normally, upon request for final payment, the retention will be reduced to 2 percent of the maximum grant amount if it appears to the State Board Project Manager that the Project and the terms of the contract have been satis- factorily completed. -2- T EXHIBIT E FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex *, age *, national origin, or physical handicap *. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex *, age *, national origin, or physical handicap *. Such action shall include, but not he limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen. sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail- able to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his /her records of employment, employment advertisements, applica- tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employ- ment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his /her surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. *See Labor Code Sections 1411 - 1432.5 for further details. STD. 3 (a /n) RESOLUTION NO. 1-1 05,7 A RESOLUTION OF THE CITY COUNC OF NEWPORT BEACH APPROVING AGREEMENT BETWEEN THE CITY OF AND THE STATE WATER RESOURCES FOR IMPLEMENTATION OF THE SILTATION PROGRAM :L OF THE CITY A MODIFIED NEWPORT BEACH CONTROL BOARD NEWPORT BAY WHEREAS, the City of Newport Beach has applied for a grant from the State Assistance Program (Clean Water and Water Conservation Bond Law of 1978) to implement a siltation control program in Upper Newport Bay; and WHEREAS, the State of California has provided funds from the energy resources fund of 1981 for this project; and WHEREAS, these two funding sources were to be combined in a proposed grant contract with the State Water Resources Control Board; and WHEREAS, no acceptable bids for the Clean Water and Water Conservation Bonds were received by the State in September, 1981; and WHEREAS, it has been determined that a modified siltation control program in Upper Newport Bay (Phase I) can be completed with the Energy Resource Funds under a modified grant contract with State Water Resources Control Board; and WHEREAS, the Santa Ana Regional Water Quality Control Board is acting for the State Water Resources Control Board in reviewing grant applications and as Project Manager for this grant; and WHEREAS, there has been presented to the City a proposed modified grant agreement for the implementation of Phase I of the Newport Bay Siltation Program, which agreement the City Council has reviewed and finds to be just and equitable, 0 • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the agreement between the City of Newport Beach and the State Water Resources Control Board for implementation of Phase I of the Newport Bay Siltation Program be and it is hereby approved. The Mayor and City Clerk are hereby authorized and directed to execute said agreement on behalf of the City. SEP 2 8 ADOPTED this day of , 1981. ATTEST: Citv Cler 9/28/81 pr 2 Mayor