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
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State Assistance Program Statutes of 1931- ch. 99_
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
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(714; 640 -2151
Desiltina System ? Appurtenant blorks - San Diego Creek Project -
L eSCription of the Proje"Ct is contained in Exhibit "A" which is
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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;
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(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.
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(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.
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(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
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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:
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(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.
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(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.
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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.
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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
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.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
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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
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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