1972-0330_STATE WATER RESOURCE CONTROL BOARD, CALIF_ContractC-06-0606
Project No. MWAYMUM
STATE OF CALIFORNIA
GRANT FOR CLEAN WATER
This contract made this 30th day of March , 1972, between the
State of California, acting by and through the State Water Resources
Control Board, hereinafter referred to as the "State Board" and the
CITY OF SAN JUAN CAPISTRANO
duly organized, existing and acting pursuant to the laws of the
State of California, hereinafter referred to as the "Municipality";
WITNESSETH
WHEREAS, the Clean Water Bond Law of 1970 (Chapter 13, Division 7
of the Water Code) authorizes the State Board to enter into contracts
with municipalities to aid in the construction of eligible projects
and for reclamation of water, and
WHEREAS, "eligible project" means a project for the construction of
treatment works which is all of the following:
1, eligible for federal assistance pursuant to
Section 8 of the Federal Water Pollution Control
Act (33 U.S.C. 1151 et seq.) and acts amendatory
thereof;
2. necessary to prevent water pollution; and
3, certified by the State Board as entitled to
priority over other treatment works, and
which complies with applicable water quality
standards, policies and plans, and
WHEREAS, the Municipality has made application for a federal grant
for construction of an eligible project and said application has
been approved by the State Board acting by and through its Division
of Water Quality, hereinafter referred to as the "Division", and
WHEREAS, the Division has found that the project is eligible for
federal assistance, necessary to prevent water pollution, entitled
to priority over other treatment works, and complies with applicable
water quality standards, policies and plans, and
WHEREAS, the Federal Water Pollution Control Act requires that the
State agree to pay not less than 25% of the eligible project cost
in order for the project to qualify for the maximum federal grant
available;
NOW, THEREFORE, the parties agree as follows:
1. The eligible project cost is $2,192,900
2. Subject to full execution of the federal
document entitled Offer and Acceptance
of Federal Grant for Sewage Treatment
Works applicable to this project, the
State Board agreees��o grant to the
Municipality
$5
to be disbursed in progress payments when
the project is 25, 50, 75, and 100 percent
complete. Requests for progress payments
shall be accompanied by evidence satisfactory
to the Division of the progress of construc-
tion. Payments shall be made only after
approval by the Division and approval by the
Environmental Protection Agency.
3. In the event that actual construction costs are
less than estimated in the Munici•ality's
application for a federal grant, the eligible
project cost and the state grant shall be
reduced proportionately.
4. Municipality shall maintain accounts and records
prescribed by sound and acceptable accounting
practice, state and federal law, and applicable
policies and guidelines. Said accounts and
records shall at all times be available upon
demand to the State Board and its duly authorized
agent or agents for inspection and reproduction.
Municipality shall comply with assurances given to
the Environmental Protection Agency which are
contained in the document entitled Offer and
Acceptance of Federal Grant for Sewage Treatment
Works, a copy of which is attached hereto, marked
Exhibit A, and made a part hereof, and further the
municipality agrees that the State Board shall be
entitled to all the rights and privileges of the
Environmental Protection Agency pursuant to said
assurances.
6. Municipality shall award
project construction not
the date of execution of
the State Board and shall
to construct the project.
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contracts necessary for
later than 90 days from
this grant contract by
proceed expeditiously
0
7. Municipality shall implement a revenue program
in accordance with Section 2142, Subchapter 7,
Chapter 3, Title 23, California Administrative
Code.
8. Municipality shall commence operation of the
project on completion thereof, and shall operate
and maintain such works and prepare a comprehensive
operation and maintenance manual in accordance with
Section 2143, Subchapter 7 and Subchapter 14, both
of Chapter 3, Title 23, California Administrative
Code and with applicable provisions of law.
9. Municipality shall undertake all reasonable
efforts to secure a federal grant for the eligible
project cost.
10. Municipality shall provide for payment and shall
timely pay all expenses connected with construction
of the eligible project.
11. Municipality shall indemnify, defend and save harm-
less the State of California and the State Board,
and the officers, agents and employees of each
against and from any and all claims, demands,
damages, losses, costs, expenses, or liability
accruing or resulting to any and all contracts,
subcontractors, materialmen, laborers, employees,
and any other person, firm, or corporation furnishing
or supplying work services, materials, or supplies in
connection with the design, construction, operation,
repair or maintenance of the project or of any of its
works or facilities and from any and all claims, demands,
damages, losses, costs, expenses or liability accruing
or resulting to any person, firm or corporation, as a
result of or incident to, either in whole or in part,
whether directly or indirectly, the design, construction,
operation, repair, maintenance, existence, or failure
of the project or any of its works or facilities.
12. Municipality shall comply with the special conditions
attached hereto, marked Exhibit B, and made a part hereof.
13. This contract may be amended by mutual agreement of
the parties.
14. All requests by the Municipality for increases in the
federal and state grants shall be submitted to the
Division and receive approval of the Division prior to
being submitted to the Environmental Protection Agency.
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IN WITNESS WHEREOF, the parties hereto have executed this contract
as of the day and year first above written.
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
CITY OF SAN JUAN CAPISTRANO
Municipality
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• E}(HI BIT A •
ASSURANCES
The Applicant hereby gives assurance to the Commissioner of the Federal water Pollution
Control Administration:
A. That actual construction work will be performed by the lump sum (fixed price) or unit
price contract method, that adequate methods of obtaining competitive bidding will be
employed prior to awarding the construction contract, and that the award of the
contract will be made to the responsible bidder submitting the lowest acceptable bid;
B. That the project will not be advertised or placed on the market for bidding until the
final plans and specifications have been approved by the Commissioner and the appropriate
State agency, and the Applicant has been so notified;
C. That the construction contract will require the contractor to furnish performance and
payment bonds, the amount of which shall each be in an amount not less than fifty percentum
(50%) of the contract price, and to maintain during the life of the contract adequate fire,
and extended coverage, workmen's compensation, public liability and property damage
insurance;
D. That any change or changes in the contract which make any major alteration in the work
required by the plans and specifications, or which raise the cost of the project above
the latest estimate approved by the Commissioner will be submitted to the Commissioner
for prior approval;
E. That the construction of the project, including the letting of contracts in connection
therewith, shall conform to the applicable requirements of State, territorial and local
laws and ordinances;
F. That the construction contract will provide that the representatives of the Federal Water
Pollution Control Administration and the State will have access to the work wherever it is
in preparation or progress and that the contractor will provide proper facilities for such
access and inspection;
G. That the Applicant will provide and maintain competent and adequate engineering supervision
and inspection at the project to insure that the construction conforms with the approved
plans and specifications;
H. That adequate accounting and fiscal records will be maintained which fully disclose the
amount, receipt, and disposition of the grant assistance provided, the total cost of the
project in connection with which the grant has been offered, the amount and identification
of that portion of the cost of the project supplied from other sources, and such other
records as the Commissioner may prescribe to facilitate an effective audit;
I. That all funds granted pursuant to the Federal Water Pollution Control Act shall be
expended solely for carrying out the approved project;
J. That the Commissioner and the Comptroller General of the United States, or any of their
duly authorized representatives, shall have access for the purpose of audit and examination
to any books, documents, papers, and records of the grantee that are pertinent to grants
received under the Act, and the grantee shall submit to the Commissioner or the Comptroller
General of the United States such documents and information as they may require in
connection with the project;
K. That the construction contract will require the contractor to comply with the regulations
of the Secretary of Labor made pursuant to the Davis -Bacon Act of March 3, 1931, as
amended (40 U.S.C. 276a through 276a-5), the Anti -Kickback Act of June 13, 1934,
(40 U.S.C. 276c), and the Contract work Hours Standards Act of August 13, 1962,
(40 U.S.C. 327-330), and any amendments or modifications thereto, to cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith by all sub-
contractors subject thereto, and to be responsible for the submission of statements
required of subcontractors thereunder, except as the Secretary of Labor may specifically
provide for reasonable limitation, variations, tolerances, and exemptions from the
requirements thereof;
L. That the Applicant will demonstrate to the satisfaction of the Commissioner his ability
to pay the remaining cost of the project;
M. That the Applicant will demonstrate to the satisfaction of the Commissioner that he has or
will have a fee simple or such other estate or interest in the site of the project, including
necessary easements and rights-of-way, as the Commissioner finds sufficient to assure
undisturbed use and possession for the purposes of construction and operation for the
estimated life of the project;
N. That the declarations, assurances, representations and statements made by the Applicant in
the application, and all documents, amendments and communications filed with the Federal
Water Pollution Control Administration by the Applicant in support of its request for a
grant, will be fulfilled;
O. That the applicant will permit the Administration or its authorized agents to have access
to the project and the records pertaining to its operation at any reasonable time following
completion of construction for the purpose of inspecting the operation and maintenance of
the project;
P. The Applicant agrees to construct the project or cause it to be constructed to final
completion in accordance with the application and plans and specifications approved
by the Commissioner.
NOTE: Federal Water Pollution Control Administration means the Environmental
Protection Agency and Commissioner means Administrator.
Project No. C-06-0606
EXHIBIT B
SPECIAL CONDITIONS
a. The Municipality shall participate in and implement the
Basin plan developed for the San Diego Basin as adopted
by the Regional Board and approved by the State Board.
b. The Municipality shall develop and operate the waste treatment
facilities system as a coordinated regional system sized
to meet reasonable foreseeable regional needs and shall
provide service to existing and future participating agencies
on a fair and equitable basis.
c. The Municipality agrees that in the event federal law is
changed to permit a lower state grant that this contract
will be modified accordingly provided that any decrease
in the amount of the state grant is offset by an equal
increase in the federal grant.