HomeMy WebLinkAboutC-6198 - Grant Agreement 12-107-702 - CVA Installation ci—
�, STATE OF CALIFORNIA
o STANDARD AGREEMENT
I BID 213(Rev 06/03) AGREEMENT NUMBER
to?- 7oZ-
RBGIST TION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
DEPARTMENT OF BOATING AND WATERWAYS (DEPARTMENT)
CONTRACTOR'S NAME
City of Newport Beach (GRANTEE)
2. The term of this
Agreement is: Shall begin on the Effective Date and continue for Seven(7)years from the effective date of
this agreement.
3. The maximum amount $ 55,000
of this Agreement is: FIFTY FIVE THOUSAND DOLLARS
4. The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference,made a part of the
Agreement.
Location: Newport Beach CVA Installation CVA
Exhibit A—Vessel Pumpout Facility Installation Contract 4 pages
Exhibit B—Vessel Pumpout Facility Installation Contract Standard Terms and Conditions 5 pages
Exhibit C—General Terms and Conditions GTC 610
Exhibit D—Clean Vessel Act Grant Application 9 pages
Contractor Certification Clauses CCC 307
Items shown with an Asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed atwww.nts.rtes,cv.e<svl4tandutd5'620t«uleuaeefdefautt.htm
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR'S NAME(if other than as i"a idual. wo whether a em'pnmlit^ponrvsehip,etc.)
City of Newport Beach
BY(Aatbortzrd Sipaatare) DATE SIGNED(D--t tyye)
G.l tot'fl—wj
PRINI'EDNAMEA I LEOF PERSON SIGNING
a
ADDRESS EXEMPTED FROM
829 Harbor Island Drive DEPARTMENT OF
Newport Beach,CA 92660 GENERAL SERVI99S
STATE OF CALIFORNIA APPROVAL PER_ '
AGENCY NAME LAM
DFPARTME OF BOATING AND WATERWAYS
BY(AaNwrke nereo DATE SIONED(Do nor type)
AK
PRIN NAME AND TITLE OF PERSON SIGNING Exempt per:
L CTA C.BECERRA, Acting Director
ADDRESS
2000 FVERGREEN STREET, SUITE 100
SACRAMENTO,CALIFORNIA 95815-3888
i
EXHIBIT A
VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT
REIMBURSEMENT
CITY OF NEWPORT BEACH
1. PARTIES
The parties to this Agreement are as follows:
(a) DEPARTMENT: The Department of Boating and Waterways
(b) GRANTEE: City of Newport Beach
829 Harbor Island Drive
Newport Beach,CA 92660
2. GRANT
(a) The DEPARTMENT hereby grants up to FIFTY FIVE THOUSAND DOLLARS
($55,000.00),to the GRANTEE,for installation of vessel pumpout facilities at the Newport
Beach Harbor in compliance with the regulations of the Clean Vessel Act(50 CFR Part 85).
(b) The grant shall not exceed SEVENTY FIVE PERCENT(75%)of the allowable project costs.
The GRANTEE shall contribute the remaining'I'WENTY FIVE PERCENT(25%).
(c) The grant provides for reimbursement with Federal Funds [FED CATALOG 15.6161.
(d) The project work shall be in accordance with the approved Clean Vessel Act Grant
Application,attached as Exhibit D,which is made part of this Agreement.
(e) This GRANT is subject to the terms and conditions in Appendix A of Exhibit D,as well as
those in Exhibits B and C of this Agreement.
3. PROJECT COMPLETION DATE
The GRANTEE shall complete the installation of the vessel pumpout facility(such installation as
described in the Clean Vessel Act Grant Application (Exhibit D) and hereinafter referred to as
PROJECT)no later than one year from the Effective Date of the contract.
4. TERM OF CONTRACT
(a) The term of this CONTRACT,subject to the provisions for prior termination,shall begin on
the effective date of the CONTRACT and shall continue for SEVEN (7) years from
Revision 11/2011 1 CVA—Exhibit A
EXHIBIT A
acceptance of the PROJECT by the DEPARTMENT.
(b) This CONTRACT may be extended, amended or canceled upon agreement of both the
DEPARTMENT and the GRANTEE.
5. USER FEES
The GRANTEE may charge a fee for the use ofthe facilities constructed with the GRANT;however,
such fees may only be used to defray operation and maintenance costs incurred from the operation of
the vessel pumpout facility.The GRANTEE may not charge a total fee in excess of$5.00 for the use
of the purnpout facilities constructed without prior written approval of the Department.The$5.00 fee
may be increased or decreased annually in accordance with percentage changes in the United States
Bureau of Labor Statistics Consumer Price Index (CPI) using the CPI index for December 1993
(436.8)as the base for any such adjustment.
6. SPECIAL PROVISIONS
(a) 1. The purnpout facilities constructed under this grant shall be operated, maintained,
and be open and available to the public for the full term of this CONTRACT.
2. Operation of the purnpout facilities shall be available during normal business hours
per day and shall not be hindered by locked enclosures, padlocks, pass keys,
electronic keys,token systems or other means.
3. The purnpout facilities constructed under this grant shall be equipped with an hour
meter to record its usage.
4. All pump out systems shall be provided with a wireless,real time monitoring,data
collection and reporting system.The monitoring system shall be factory installed by
the pumpout manufacturer.The monitoring system shall be a(1)MarineSync[(888)
988-SYNC(7962)], Model MSI - Plug&Play Package w/2-Year Data Plan (p/n
MSO101.002); (2)PumpWatcher Co. [(727)641-1936] Monitoring System#PW-
RSI w/2-Year Data Plan or approved equal.
5. The Grantee shall maintain the monitoring system and data plan for full term of this
contract.The Department shall also be provided full access to the data collected by
the monitoring system.
(b) The grant recipient shall construct and install signage that shall:
Revision 112011 - 2 CVA-ExhibitA
EXHIBIT A
1. Indicate the presence of a vessel pumpout facility(State supplied sign);
2. Acknowledge that the facility was constructed or improved with funds from the
Clean Vessel Act. The suggested language shall be"This facility was funded under
the Clean Vessel Act by your purchase of fishing equipment and motorboat fuels"
(State supplied sign).
3. Provide appropriate information at the pumpout station that indicates fees,
restrictions,operation instructions, and a contact name and number if the facility is
inoperable.
4. Provide notice on the pumpout facility that identifies the local city, county, local
public health officer,or boating law enforcement officer responsible for enforcing the
pumpout regulations in the local area.
(c) Operation and Maintenance of Project
1. Because the Department has invested public funds in your marina for the pumpout
facilities,the Department has a vested interest in their success.As a condition of the
grant funds the Grantee is therefore responsible to ensure that the pumpout facilities
are operated and maintained in a manner that will prevent discharge of any sewage to
the waters of the State, shall be maintained in good working order, and shall be
regularly cleaned for the term of this contract.
2. The Department shall not be liable for any costs of maintenance, management,
control or operation of the Project Area.
3. The Department and its agents may,at any and all reasonable times during the term
of this contract, enter the Project Area for purposes of inspecting the pumpout
facilities to determine if the facility is being maintained according to the terms of this
contract and the Recommended Minimum Maintenance Guidelines listed below.
4. Failure to maintain the facility according to this section is a breech of this contract
and may subject the Grantee to Termination of this contract.
5. The Department and its agents may,at any and all reasonable times during the term
of this contract, enter the Project Area and install upon the pumpout equipment a
monitoring device to record the operation and reliability of the pumpout equipment
installed under this grant.
Revision 11/2011 3 CVA—Exhibit A
EXHIBIT A
6. The Grantee shall at a minimum maintain the pumpout facility in accordance with the
guidelines below.
Recommended Minimum Maintenance Guidelines:
1. On a daily basis inspect the pumpout facility for cleanliness, suction hose and
nozzle conditions, discharge pipe condition, and general pump operating
condition.Perform cleanup/maintenance as required.
2. As recommended by the equipment manufacturer perform preventative
maintenance per recommended schedule.
3. Grantee should complete all repairs within 72 hrs of identifying a pumpout
facility need.
(d) Upon expiration of the CONTRACT,all improvements made by the GRANT shall become
property of the GRANTEE.
(e) GRANTEE shall each year provide information about the use and reliability of the vessel
pumpout facility in the form of a post-implementation evaluation report(PIER)provided by
the Department and shall transmit the results of the PIER to the DEPARTMENT no more
than 30 days after receipt of the PIER.
(f) Notices required between the parties shall be deemed to have been given when mailed to the
respective addresses herein, fast-class postage fully prepaid thereon.
7. PROJECT REPRESENTATIVES
The GRANTEE and the DEPARTMENT shall each designate specific staffrepresentafives for
the purposes of communication between parties. GRANTEE'S representative shall be by
delegation of authority,signed by the person designated by Resolution to sign the contract or
any amendments,and to make decisions concerning the contract.
End
Revision 1112011 4 CVA—Exhibit A
EXHIBIT B
VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT
STANDARD TERMS AND CONDITIONS
ARTICLE I—DEFINITIONS
A. ALLOWABLE PROJECT COSTS means those permitting,planning,management,signage,
labor, design, material and construction costs which are necessarily incurred by the
GRANTEE for the purpose of completing the PROJECT and are covered by the GRANT as
eligible grant activities;such PROJECT COSTS shall not include any expenses incurred prior
to the effective date of this CONTRACT nor any expenses incurred for ineligible activities.
B. CONTRACT means the contract to which these standard terms and conditions are appended.
C, DEPARTMENT means the Department of Boating and Waterways.
D. EFFECTIVE DATE The effective date of this Agreement is either the start date or the
approval date by the Department of General Services,whichever is later. In cases when DOS
approval is not required, this Agreement is of no force or effect until the date of the last
signature. No work shall commence until the Effective Date.
E, GRANT means a grant provided pursuant to Harbors and Navigation Code Section 72.75 and
the Federal Clean Vessel Act of 1992(50 CFR Part 85)to finance all or part ofthe PROJECT
COSTS.
F. GRANTEE means the person or entity identified in Exhibit A as the GRANTEE.
G. OPEN AND AVAILABLE TO THE PUBLIC means that all users(public and private)shall
have full and reasonable access to the pumpoutJdump station for the purpose of sewage
disposal. Fees shall be equal for all pumpout users at a facility open and available to the
public. However,members and customers may prepay for pumpouts within a fee structure,so
that a separate fee for pumpouts at the time of use would not be needed for those members
and customers.
H. PROJECT means the Clean Vessel Act Grant proposal submitted by the GRANTEE to the
DEPARTMENT and attached and made part of the CONTRACT as Exhibit D.
I. PROJECT AREA means the area delineated in Exhibit D within which the PROJECT will be
undertaken.
ARTICLE II—CONSTRUCTION OF PROJECT
A. All contracts for construction of the PROJECT shall:
1. Be awarded in accordance with all applicable laws and regulations,including but not
limited to competitive bidding.
2. Contain the following clause: "Representatives of the Department of Boating and
Waterways shall be allowed access to all parts of the construction work."
Revision 7/12/2012 1 CVA—Fxhibit B
EXHIBIT B
3. Contain a clause that the contractor shall comply with all air pollution and
environmental control rules,regulations,ordinances and statutes which apply to the
PROJECT and any work performed pursuant to the contract.
4. Contain a clause that requires the contractors to ensure the structural integrity and
safety of the PROJECT.
B. inspection reports and related inspection data shall at all reasonable times be
accessible to the DEPARTMENT personnel,and request copies of such reports and
data shall be provided to the DEPARTMENT by the GRANTEE.
ARTICLE III-DISBURSEMENT OF GRANT
A. The DEPARTMENT shall have no obligation to disburse any of the GRANT to cover
construction costs unless and until the GRANTEE demonstrates that it has acquired permits
necessary to construct and operate the PROJECT.
B. GRANTEE shall acquire advance written acceptance of the completed project from the
DEPARTMENT prior to any disbursement of funds.
C. The GRANTEE shall request final payment in writing under this CONTRACT no later than
SIXTY(60)days following the date of acceptance of the PROJECT by the GRANTEE.
D. Grantee shall account for all project costs expended under this grant as required by the
DEPARTMENT.Prior to disbursement of funds,GRANTEE shall provide DEPARTMENT
with a final summary of the project costs.
E. The DEPARTMENT may withhold any payment of GRANT funds for failure by the
GRANTEE to comply with any of the conditions and provisions of this CONTRACT.
ARTICLE N-LIABILITY
A. The GRANTEE waives all claims and recourse against the DEPARTMENT including the
right to contribution for any loss or damage arising from, growing out or in any way
connected with or incident to this CONTRACT.
B. The GRANTEE shall indemnify,hold harmless,and defend the DEPARTMENT,its officers,
agents and employees against any and all claims, demands, damages, costs, expenses or
liability arising out of the acquisition,design,construction,operation,maintenance,existence
or failure of the PROJECT.
C. If the the DEPARTMENT is named as a co-defendant, the GRANTEE shall notify the
DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the
DEPARTMENT undertakes its own defense, it shall bear its own litigation costs,expenses
and attorney's fees. .
ARTICLE V-WAIVER OF RIGHTS
Revision 7/12/2012 2 CVA—Exhibit B
EXHIBIT B
It is the intention of the parties hereto that from time to time either party may waive certain of its rights under
this CONTRACT.Any waiver at this time by either party hereto of its rights with respect to a default or any
other matter arising in connection with CONTRACT,shall not be deemed to be a waiver with respect to any
other default or matter.
ARTICLE VI-REMEDIES NOT EXCLUSIVE
The use be eitherthe DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for the
enforcement of the CONTRACT is not exclusive and shall not deprive the party using such remedy of,or limit
the application of, any other remedy provided by law.
ARTICLE VII-OPINIONS AND DETERMINATIONS
Where the terms of this CONTRACT provide for action to be based upon the opinion,judgment,approval,
review,or determination of either the DEPARTMENT or GRANTEE,such terms are not intended to be and
shall never be construed as permitting such opinion, judgment, approval, review, or determination to be
arbitrary,capricious, or unreasonable.
ARTICLE VIII—ASSIGNMENT, SALE,OR TRANSFER
A. No assignment, sale, or transfer of this CONTRACT or any part hereof, rights hereunder, or
interest herein by GRANTEE shall be valid pursuant to Exhibit C 3.unless and until it is approved
in writing by the DEPARTMENT and made subject to such reasonable terms and conditions as
the DEPARTMENT may impose.
B. GRANTEE shall require,as a condition of assignment,sale or transfer of the property on which
the PROJECT is constructed,the assignee,purchaser or transferee of the property to assume, in
writing, in such manner as shall be satisfactory to the DEPARTMENT,the obligations of this
CONTRACT. Failure to comply with this provision shall constitute a default pursuant to
ARTICLE XII B of Exhibit B of this CONTRACT
ARTICLE IX- SUCCESSORS AND ASSIGNS OBLIGATED
This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the parties
hereto.
ARTICLE X-PRIOR TERMINATION
The CONTRACT shall terminate on the date specified in EXHIBIT A,Paragraph 3 ofthis CONTRACT if(I)
the GRANTEE has not met all conditions precedent to disbursement under this CONTRACT by such date,or
(2)if no disbursement by the DEPARTMENT of GRANT funds occurs by such date.
ARTICLE XI- AUDIT
In addition to the audit requirements specified in Exhibit C, GRANTEE understands and agrees that, as a
recipient of Federal Funds, it must comply with any applicable audit requirements imposed by federal law,
regulations or policy,such as the Single Audit Act and the reporting requirements set forth in OMB Circular
A-135.
ARTICLE XII—TERMINATION
Revision 7/12/2012 3 CVA—Bxhibit B
EXHIBIT B
A. TERMINATION FOR CONVENIENCE
1. The DEPARTMENT may terminate this CONTRACT at any time for the convenience of
the State upon THIRTY(30)days prior written notice,delivered by certified mail or in
person to GRANTEE. Upon notice of such termination, GRANTEE shall, within 30
days, return by check payable to the DEPARTMENT all unexpended grant funds not
previously approved for expenditure by the DEPAR'T'MENT.
2. GRANTEE may terminate this CONTRACT at any time upon THIRTY (3 0)days prior
written notice,delivered by certified mail or in person to the DEPARTMENT,provided,
however, that upon any such termination of the CONTRACT,GRANTEE shall,within
thirty(3 0)days of such termination,reimburse by check payable to the DEPARTMENT
all funds contributed by the DEPARTMENT to the PROJECT on a prorated basis as
determined by the DEPARTMENT.
B. TERMINATION FOR DEFAULT
The DEPARTMENT may at any time upon NINETY(90)days prior written notice of default,
and, when applicable, alter having afforded GRANTEE an opportunity to cure any breach
pursuant to ARTICLE VII,terminate this CONTRACT if the GRANTEE has failed to abide by
any applicable provision of this CONTRACT. In such case,GRANTEE shall,within NINETY
(90)days of its receipt of a notice of termination,reimburse by check all funds contributed by the
DEPARTMENT to the PROJECT on a prorated basis as determined by the DEPARTMENT.
ARTICLE XIQ WAIVERS
No delay on the part of any party in exercising any right,power or privilege hereunder shall operate as a waiver
thereof,nor shall any written waiver on the part of any party of any right,power or privilege hereunder,nor any
single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise
thereof or the exercise of any other right,power or privilege hereunder. A written waiver of any breach ofany
kind shall not be construed as a waiver of any subsequent breach of the same kind
ARTICLE XTV DISPUTE RESOLUTION
Any dispute arising under the terms of this CONTRACT which is not disposed of within a reasonable period
of time by the GRANTEE and DEPARTMENT representatives normally responsible for the administration of
this CONTRACT shall be brought to the attention of the Director of the DEPARTMENT or the Director's
designee. At the request of either party,the DEPARTMENT shall provide a forum for the discussion of the
disputed matter(s). If agreement cannot be reached through the application of high level management
attention,either party may assert its other rights and remedies within this CONTRACT in a court ofcompetent
jurisdiction
ARTICLE XV WAIVER OF THE STATUTE OF LIMITATIONS
GRANTEE waives the benefit of any limitations affecting its liability hereunder or the enforcement thereofto
the extent permitted by law.
ARTICLE XVI NOTICES
Notices required between the parties shall be deemed to have been given when mailed to the respective
addresses herein,first-class postage fully prepaid thereon,unless otherwise required by law.
ARTICLE XVII—COMPLIANCE WITH FEDERAL REQUIREMENTS
Revision 7/12/2012 4 CVA—Exhibit B
EXHIBIT B
GRANTEE shall comply with all applicable Federal laws, regulations and policies, including those
summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife Service Handbook. These requirements
include provisions for nondiscrimination,environmental standards,historic and cultural preservation,and other
administrative guidelines,and are incorporated herein by this reference as if fully set forth.
Kevisim 71122012 5 CVA—Exhibit B
GTC 610
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT:No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required.No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor,either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department,the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3)years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s)access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7,Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: This section is superseded by Article IV of Exhibit B to this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
T TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance,if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury,the minimum,if not exact,percentage of post consumer material as defined in the Public
Revised 3252011 GTC 610-CVA Contracts
Contract Code Section 12200,in products,materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,Contractor
and its subcontractors shall not unlawfully discriminate, harass,or allow harassment against any
employee or applicant for employment because of sex,race, color, ancestry, religious creed,
national origin,physical disability (including HIV and AIDS),mental disability,medical
condition(e.g., cancer), age(over 40), marital status, and denial of family care leave. Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Gov.
Code §12990 (a-f)et seq.) and the applicable regulations promulgated thereunder(California
Code of Regulations,Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel,per diem, and taxes,unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid,the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services,or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision(c)of Section 16750 of the
Business and Professions Code.
Revised 3/25!2011 GTC 610.CVA Contracts
2) 'Public purchasing body means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights,title, and interest in and to all causes of
action it may have under Section 4 of the CIayton Act(15 U.S.C. Sec. 15)or under the
Cartwright Act(Chapter 2 (commencing with Section 16700)of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement,a monetary recovery for a cause of action assigned under this chapter,the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages,attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price,less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand,reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and(a)the assignee
has not been injured thereby, or(b)the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of$100,000,the
contractor acknowledges in accordance with Public Contract Code 7110,that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to,disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor,to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable,then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000,the Contractor shall give priority consideration in filling vacancies in positions funded
Revised 3M2011 GTC 610-CVA Contracts
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract(or within
such other time period as may be specified elsewhere in this Contract)report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise(DVBE)participation,then Contractor must within 60 days of receiving final payment
under this Contract(or within such other time period as may be specified elsewhere in this
Contract)certify in a report to the awarding department: (1)the total amount the prime
Contractor received under the Contract; (2)the name and address of the DVBE(s)that
participated in the performance of the Contract; (3)the amount each DVBE received from the
prime Contractor; (4)that all payments under the Contract have been made to the DVBE; and(5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
&Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment,materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a"loss Ieader" as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
Revised 3252011 GTC 610-CVA Cantinas
EXHIBIT °D"
DEPARTMENT OF BOATING AND WATERWAYS
CLEAN VESSEL ACT GRANT APPLICATION
Please provide the following information about your facility. The more complete and accurate
the information, the stronger your application will be. Complete all sections and check all items
that apply. Return completed application to: Department of Boating and Waterways,Attn:
Kevin Atkinson,2000 Evergreen Street, Sacramento,CA 95815.
This application must be submitted and approved by the Department before you do any
work or order any parts.
1. Applicant: City of Newport Beach
Name of Contact person: Shannon Levin
TelephoneNo:( ) 949-644-3041 FaxNo:( ) 949-723-0589
2. FacilityName: City of Newport Beach
3, Facility Address: Harbor Resources
Attn: Shannon Levin
829 Harbor Island Drive, Newport Beach 92660
4. Mailing Address (If Different):
5. Facility Ownership: Private Commercial Private Non-Profit
X Public Agency Other:
6. Facility Owner: City of Newport Beach
7. Owner Address: Same as above,
8. Water body facility is located on: (name of harbor, river, etc.)
Newport Harbor
County: Orange
7/2006 (1)
EXHIBIT T"
9. FaciIity's NOAA chart coordinates: Please see attachment,
Latitude:
Longitude:_
10. Type of project:(check all that apply)
New Construction X Renovation Equipment Acquisition
11. Type of Facility: Marina �—Boatyard Yacht Club
Other: (describe) Public Pumpout Station
12. Describe this facility: X Home Port X Destination X Stop-off for Tourists
13. Number of: 2 0 0 0 Slips 12 0 0 Moorings 2 Dry Docks
14. Number of boats by size:
�20'to25'-11" 26'to39-11" 401to64'-11" over 65'
15. Estimate the average number of transient boats that use your facility each
month: 50-100 each station
16. Number of liveaboard vessels(residential boats): 20
17. Pumpout service now at this site: X YES NO How Many? 5
18, Dump Station now at this site: , YES X NO How Many?_
(for vessel "Porta Potties")
19. If yes to Questions 17 or 18,give NOAA coordinates for each pumpout/dump station,
and check whether it is a pumpout(PO)or dumpstation(DS): See Attachment
(1.) Latitude: (2.) Latitude:
Longitude: Longitude:
PO— DS` PO DS
20. If you have a pumpout or dump station,estimate the number of users per month;
Pumpout Station: 1200 Dump Station:
21. Is this facility in a "No Discharge Zone"9 X YES NO
Name of Zone: Newport Harbor
22. What is the closest distance to another pumpout station near you? 1 miles
23. Restrooms available on-site: X YES NO
Restrooms near Washington Street Public Pier and
19th Street Public Pier.
7/2006 (2)
EXHIBIT "D"
PROJECT PROFILE
Please provide the following information on your proposed project.The more complete and
accurate the information,the stronger your proposal will be. Complete all sections and check all
items that apply.
1. Describe the proposed project: Please see AttachmentA
2. Intended Location of Pumpout/Dump Station Equipment:
_Fuel Dock X Other Dock On Bulkhead Mobile
Other(specify): City of Newport Beach- 3 Public Piers & 1 Public Marina
3. How many hours per day are the pumpout facilities available to the public? 24 hrs/day
4. Minimum water depth at proposed pumpout location.
(average minimum depth during boat season): 10 ft
5. Contents from boat holding tanks shall be discharged to:
(X) a public wastewater collection system
( ) a holding tank whereby sewage may be safely stored until it is taken in an
authorized manner to an approved treatment facility. Submit documentation of a
contract with a licensed hauler.
( ) directly to an on-site septic system. Submit documentation of approval from local
health officials,stating that sufficient sewage disposal capacity is available for the
pumpout facilities.
6. Do you plan to charge for pumpout/dump station use? _YES X NO
7. If yes to Question 6,how much will you charge? $ FREE
712006 (3)
EXHIBIT T"
Attachment A-Project Profile Department of Boating and Waterways
Clean Vessel Grant Application
The City of Newport Beach is desirous of improving the five vessel pumpout stations in
Newport Harbor to meet the needs of boaters and to provide public access to these
facilities. The five facilities are dye and vacuum tested three days a week during the
offseason and five days a week during the boating season according to Santa Ana
Regional Water Quality Control Board Order R8-2005-001. The stations are located
throughout the Harbor and open to the public 24 hours a day.
Due to the frequent use of the aging equipment the City continuously incurs repair and
maintenance issues. Records indicate that the pumpouts are scheduled for replacement
due to previous installation records: Fernando Street,1999; American Legion East,
1990's; Washington Street, 2003; Balboa Yacht Basin, 2005; and American Legion
West, 2008.
The City of Newport Beach wishes to maintain high water quality standards in Newport
Harbor and improve the recreational boaters' ability to easily and properly discharge of
vessel waste. By replacing the five pumpouts with new equipment the City will eliminate
the recurrent closure of the existing pumpouts due to perpetual maintenance issues and
repairs. Total replacement will simplify any future replacement schedule.
The City requests that the Department of Boating and Waterways award the Clean
Vessel Act Grant for pumpout replacement reimbursement in the amount of$54,940.00,
whereas the City will be responsible for$18,300.
02/10/2012 11:53 9495481616 KILERIDE PAGE 01
EXHIBIT "D"
Attachment B (2pgs) MIKE KILDRIDE, LTD.
General Building&Engineering Contractors
License 738400
P.O.Box 3341
Newport Beach,C.A.92659-8341
(949)548-0106•Fax(949)548-1616
February 10,2012
Shannon Levin
Harbor Resources
Ofc(949)644-3041
Fax (949)723-0589
i
Re: Pump-out Replacement Program
Based upon working knowledge of utility improvements, site visits and recent
C experience,we propose to:
I
REPLACE PUMP-OUT STATION
1. Remove existing pump-out.
2. Replumb sewer on float to accommodate modernized pump.
3. Rewire new pump as needed.
4. Install pump.
OTB ER CONSIDERATIONS
5. Permit fees are presumed waived.
AMOUNT OF PROPOSAL.......................................$1,650.00
Submitted-Mike Kilbride Accepted
O
02/1012012 11:53 9495481616 KILBRIDE PAGE 02
Attachment B, cont'd. EXHIBIT "W
iVxTKE KILBRIAE, LTA.
General Building&Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach:CA 92659-8341
(949) 548-0106 . Fax(949)548-161.
February 10,2012
Shannon Levin
Harbor Resources
Ofc(949)644-3041
Fax(949)723-0589
I
Re:Pump-out Replacement
Shannon:
The cost to the City of Newport Beach for a replacement pump provided by ENT
Industxies,model#X400 which bas a 40 gallon per minute capacity is:
Base cost $10,150.00
"Pump Watcher"Program(Required by State of Ca.) 2,300.00
Shipping 550.00
Total cost $13,000.00
Proposed by:
Mike Kilbride-President
CCC-307
CERTIFICATION
I,the official named below,CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below.This
certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
r � ops-(P000-15►
By Authorized Signature)
Printed Name and Title of Person 4ning
E
1> . V_iF� 9: uu'M* e+�xecuted Executed in the County of
9-- 9 - 7.0i z OLWLS
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has,unless exempted,complied with
the nondiscrimination program requirements.(Gov. Code §12990(a-f)and CCR,Title 2,
Section 8103)(Not applicable to public entities.)
2.DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a.Publish a statement notifying employees that unlawful manufacture,distribution,
dispensation,possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b.Establish a Drug-Free Awareness Program to inform employees about:
1)the dangers of drug abuse in the workplace;
2)the person's or organization's policy of maintaining a drug-free workplace;
3)any available counseling,rehabilitation and employee assistance programs; and,
4)penalties that may be imposed upon employees for drug abuse violations.
c.Every employee who works on the proposed Agreement will:
1)receive a copy of the company's drug-free workplace policy statement;and,
2)agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred:the Contractor has made false certification,or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3.NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one(1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court,which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code§10296)(Not applicable to public entities.)
4.0ONTRACTS FOR LEGAL SERVICES 150,000 OR MORE PRO BONO
REQUIREMENT: Contractor hereby certifies that contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the fun's offices in the State,with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10%of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services,and may be taken into account when determining the award of future
contracts with the State for legal services.
5.EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1,and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a.All Contractors contracting for the procurement or Iaundering of apparel,garments or
corresponding accessories,or the procurement of equipment,materials,or supplies, other
than procurement related to a public works contract,declare under penalty of perjury that
no apparel,garments or corresponding accessories, equipment,materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor,forced labor,convict labor,indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor,or
with the benefit of sweatshop labor,forced labor,convict labor, indentured labor under
penal sanction,abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov,and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records,documents,agents or employees,or premises if reasonably required
by authorized officials of the contracting agency,the Department of Industrial Relations,
or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph(a).
7. DOMESTIC PARTNERS: For contracts over$100,000 executed or amended after
January 1,2007,the contractor certifies that contractor is in compliance with Public
Contract Code section 10245.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1.CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement,the awarding
agency must be contacted immediately for clarification.
Current State Employees(Pub. Contract Code §10410):
1).No officer or employee shall engage in any employment,activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment,activity or
enterprise is required as a condition of regular state employment.
2).No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees(Pub. Contract Code §10411):
1).For the two-year period from the date he or she left state employment,no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations,transactions,planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2).For the twelve-month period from the date he or she left state employment,no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission,payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430(e))
2.LABOR CODElWORKERS'COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement.(Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act(ADA) of 1990,which prohibits
discrimination on the basis of disability,as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4.CONTRACTOR NAME CHANGE:An amendment is required to change the
Contractor's name as listed on this Agreement.Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5.CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations,the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation,rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations(those incorporated outside of California)must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6.RESOLUTION: A county, city,district,or other local public body must provide the
State with a copy of a resolution,order,motion,or ordinance of the local governing body
which by law has authority to enter into an agreement,authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws,the Contractor
shall not be: (1)in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district;(2)subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions;or(3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
8.PAYEE DATA RECORD FORM STD.204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
S:\ADMIN\HOMEPAGE\CCC\draft CCC-307.doc