HomeMy WebLinkAbout05 - Grant Application for Vessel Pumpout Replacement"�w 0"T CITY OF
U Q T NEWPORT S E CH
,
Agenda Item No. 5
Cuty ®a�IrocuO Staff Report September 25, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A Webb, Public Works Director
949- 644 -3311, dawebb @newportbeachca.gov
PREPARED BY: Shannon Levin, Harbor Resources Supervisor
APPROVED:
TITLE: Resolution Supporting a Grant Application to the Department of
Boating and Waterways for Vessel Pumpout Replacement
_-
Staff is planning to submit a grant application to the Department of Boating and
Waterways (DBAW) for reimbursement of costs associated with replacement of
pumpout facilities. The application requires the City Council to adopt a Resolution
endorsing the grant application.
RECOMMENDATION:
Adopt the attached Resolution authorizing and supporting submittal of an application to
the Department of Boating and Waterways for grant funds for the Replacement of the
Vessel Pumpouts.
FUNDING REQUIREMENTS:
If approved, the DBAW grant will provide $55,000 for the installation and maintenance
of vessel pumpout facilities in the City of Newport Beach in compliance with the
regulations of the Clean Vessel Act (50 CFR Part 85). The grant requires that grant
monies shall not exceed seventy -five percent (75 %) of the allowable project costs and
the City shall contribute the remaining twenty -five percent (25 %).
The Public Works Department allocated $20,000 in the FY12 -13 budget, CIP account
2371- C4402014, for pumpout replacement and $60,000 in 2351- C4402014 to be
ultimately reimbursed from the DBAW grant.
DISCUSSION:
The City of Newport Beach operates and maintains five public vessel pumpout facilities
throughout Newport Harbor. The pumpouts are available free of charge to the boating
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Resolution Supporting a Grant Application to the Department of Boating and Waterways
for Vessel Pumpout Replacement
September 25, 2012
Page 2
public 24 hours a day, every day. The accessibility of the public pumpouts encourages
clean boating and improved water quality in our harbor. The frequent use of these
public pumpouts increases maintenance and subsequent costs for the City. In July
2011, the City received $7,000 in grant money from DBAW for operation and
maintenance costs, a 75/25 percent DBAW /City cost sharing. Nearly half of that money
has been spent rebuilding pumpout motors and purchasing replacement parts. The
intensity of use and aging systems require their replacement. If awarded these grant
monies, the City will be able to replace all five existing pumpouts with new units.
A Resolution adopted by City Council must be submitted with the grant agreement. The
Resolution must state that:
1. The City desires replace existing public vessel pumpout facilities in Newport
Harbor to meet the needs of the boaters and to provide public access to these
facilities.
2. The City is willing to enter into an agreement to provide for the installation of the
proposed facilities.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Public Works Director
Attachments: A. Resolution for Vessel Pumpout Replacement
B. Department of Boating and Waterways Vessel Pumpout Facility
Agreement
C. Location Map
2 of 26
Attachment A
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH REQUESTING A GRANT FOR INSTALLATION OF
PUBLIC PUMPOUT FACILITIES FROM THE DEPARTMENT OF BOATING AND
WATERWAYS
WHEREAS, the City of Newport Beach is desirous of replacing existing public vessel
pumpout facilities in Newport Harbor to meet the needs of the boaters and to provide public access
to these facilities ; and
WHEREAS, the Department of Boating and Waterways is authorized to provide grants to
cities, counties, districts, and other public agencies for the operation and maintenance of public
pumpout facilities; and
WHEREAS, the City of Newport Beach is willing to enter into an agreement to provide for
the installation of the proposed facilities;
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: Requests that the Department of Boating and Waterways provide a Clean
Vessel Act Grant for the installation of public pumpout facilities in Newport Harbor; and that the
City of Newport Beach agrees to accept the grant and hereby authorizes the signature of the grant
agreement and accept the grant for the purposes stated above.
Section 2: This resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25" day of September, 2012.
ATTEST:
Leilani I. Brown,
City Clerk
-1-
M
Nancy Gardner, Mayor
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S'rA'I" Oh CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
11--107- 7D?2
REGISTRATION NUMBER
3680
I. This Agreement is entered into between the Slate Agency and the Contractor named below:
.SPATE ACENCY'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).yrears•ft'om the effective date of
this agr-eement.
3. The maximum amount $ 55,000
of this Agreement is: FIFTY FIVF THOUSAND DOLLARS
4. The parties agree to comply with the terms and conditions 017 the following exhibits, which are by III is reference, made a part of the
Agreement.
Location: Newport Beach CVA Installal ion — 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
ExhibitD — Clean Vessel Act. Grant Application 9 pages
Contractor Certification Clauses CCC 307
Items shown IFNI an Asterisk ( *), are hereby incorporated hp reference. and aside tzar( of this agreeumul as if atfached hereto.
These documents can be viewed at www.uls. des. cu. euv / Stand: ud' %?t11..Inleuacc /dcl:ndt.htm
IN W trNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Department of General
Services Use Only
CON'I'RAC'I'Ot'S NAM Ii (if ether then en individual. state uhethera yo ration, parmenhlp, Cie.)
City of Newport Beach
nY bl ud...ized Signarura)
DATE S ION ED(Do rut ppe)
VIZ I NTED NAME AN D'TITL:E 017 PERSON SIGNING
ADDRESS
829 Harbor Island Dri ve
Newport Beach, CA 92660
STATE OF CALIFORNIA
AGENCY NAME
DEPARTMENT OF BOATING AND WATERWAYS
BY (Aathurized.Si,Snaore)
DATE SIOMib(Dn rut mpe.J
R
❑ Exenlpl per:.
PRINTED NAME AND TITLE OF PERSON SIGNING
LUCIA C. BECERRA, Acting Director
ADDRESS
2000 EVERGREEN STREET, SUITE 100
4 of 26
SACRAMEN'T'O, CALIFORNIA 95815 -3888
Aftarhmant R
EXHIBIT A
VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT
REIMBURSEMENT
CITY OF NEWPORT BEACH
1. PARTILS
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 CF.R Part 85).
(b) The grant shall not exceed SEVENTY FIVE PERCENT (75%) of theallowable project costs.
The GRANTEE shall contribute the remaining TWENTY FIVE PERCENT (25 %).
(c) The grant provides for reimbursement with Federal Funds [FED CATALOG 15.616].
(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 sub.icet to the terms and conditions in Appendix A of Exhibit D, as well as
those in Exhibits B and C of this Agreement.
3. PROJECTCOMPI.,ETION.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 OP 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
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Revision 1112011 1 CVA- r:xhilAttachment 6
EXHIBIT A
acceptance of the 'PROJEC'I' by the DEPARTMENT.
(b) This CONTRACT may be extended, amended or canceled upon agreement of both the
DEPARTMENT and the GRANTEE.
5. USER PEES
The GRANTEE may charge a fee for the use of the 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 puntpoutfacility. The GRANTEE may not charge a total fee in excess of $5.00 for the use
of the punipout faci lilies 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 ConSmner Price Index (CPT) using the CPT index for December 1993
(436.8) as the base for any such adjustment.
6. SPECIAL PROVISIONS
(a) 1. The punipout 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 punipout 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 pumpout facilities constructed nuclei- 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 MST - Plug & Play Package w/2 -Year Data Platt (p/n
MSO101.002); (2) PumpWatcher Co. [(727) 641 -1936] Monitoring System #PW-
RS1 w/2 -Year Data Plan or approved equal.
5. The Grantee shall maintain the monitoring system and data plan for full term of this
contact. 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:
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Revision 11/20.11 2 CVA— rxhiAttaehment B
EXHIBIT A
1. Indicate the presence of a vessel pmnpout facility (State supplied sign);
2. Acknowledge that the facility was constructed or improved with finds 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 identities 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
Because the Department has invested public fiords in your marina for the pumpout
facilities, the Department has a vested interest in their success. As a condition ofthe
grant finds the Grantee is therefore responsible to ensure thatthe pumpout facilities
are operated and maintained in a manner that wi ll 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 accordingto the tenns of this
contract and the Recommended Mininnim 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.
S. 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 pumpoutequipment
installed under this grant.
7 of 26
Revision 11/2011 3 cvA- nARAttachment B
EXHIBIT A
6. The Grantee sha I I at a minimum maintain I be pumpoutfici I ity in accordance with the
guidelines below.
Recommended Mininuun 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.
(1) 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:
7. PROJECT REPRESENTATIVES
The GRANTEE and the DEPARTMENT shall each designate speci fic staff representatives 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
8 of 26
Revision 11 /2011 4 CvA— rrhiAttachment B
1�1:4:ftr1 ]r�lilf]
VESSEL PUM'POUT FACIIATY 1NSTALLATI.ON CONTRACT
STANDARD TERMS AND CONDITIONS
ARTICLE 1— DEFINITIONS
A. ALLOWABLEPROJECTCOSTS means those permitting, planning, managerneW, 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. DEPARTMENTI' means the Department: of Boating and Waterways.
D. EPFECTIVE DATE The effective date of this Agreement is either the stall: date or the
approval date by the Department of General Services, whichever is later. In cases when DGS
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 CM Part 85) to finance all or part of the 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 pumpout /dump 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.
1. PROJECT AREA means the area delineated in Exhibit D within which the PROJECT will be
undertaken.
ARTICLE It — CONSTRUCTION OF PROJECT
A. All contracts for construction of the PROJECT shall:
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."
9 of 26
Revision 7/122012 i CVA- ExhilAttachment B
EXHIBIT B
Contain a clause that line 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 111 - DISBURSEMENT OF GRANT
A. The DEPARTMENT shall have no obligation to disburse any of the GRANT to cover
construction costs unless and until file 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 offunds, 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 (lie 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 GRANTER 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 - WANER OF RIGHTS
10 of 26
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EXHIBIT B
It is the intention ofthe 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 either the 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 provide(] 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 V ill — 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 DC - 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 (late specified in EXHIBIT' A, Paragraph 3 of this CONTRACT if(])
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
11 of 26
Revision 7 /12/2012 3 CVA— ExhibAfa.achment B
EXHIBIT B
A. TERMINATION FOR CONVENIENCE
I . The DEPARTMENT may terminate this CONTRACT at any 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
clays, return by check payable to the DEPARTMENT all unexpended grant fiords not
previously approved for expenditure by the DEPARTMENT.
GRANTEE may tern inate this CONTRACT at any time upon THIRTY (30) 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 (30) days of such termination, reimburse by check payable to the DEPARTMENT
all fiords contributed by the DEPARTMENT to the PROJECT on a prorated basis as
determined by the DEPARTMENT.
E. TERMINATION FOR DEFAULT
The DEPARTMENT may at any time upon NINETY (90) clays prior written notice of default,
and, when applicable, after 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) clays 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 XIII 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 pail 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 of any
kind shall not be construed as a waiver of any subsequent breach of the same kind
ARTICLE XIV 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 of the Director's
designee. At the request of either party, the DEPARTMENT shall provide a forum for the discussion of the
disputed inatter(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 courtofcornpetent
jurisdiction
ARTICLE XV WAIVER OF THE STATUTE OF LIMITATIONS
GRANTEE waives the benefit of any limitations affecting its liability hereunder or the enforcement thereof to
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 XVE — COMPLIANCE WITH FEDERAL REQUIREMENTS
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EXHIBIT B
GRANTEE shall comply with all applicable Federal laws, regulations and policies, including those
summarized in Part 523, Chapter I of the U.S. Fish and Wildlife Service Handbook. These requirements
include provisions for nondiscrimination, environmental standards, historic and culLural preservation, and other
administrative guidelines, and are incorporated herein by this reference as if fully set forth.
13 of 26
Revision .7 /12/2012 5 CVA —FxAl
�ttachment 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.
7. 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 marmer deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor raider 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 mininmm, if not exact, percentage of post consumer material as defined in the Public
Revised 3125/2011 G "1 'C 610 - CVA Conkncts
14 of 26
Attachment B
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 1.2156(e), the certification required by tlus 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 Govermnent 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 6 10 - CVA Contracts
15 of 26
Attachment B
2) 'Public purchasing body" means the State or the subdivision or agency making a public
purchase. Govennnent 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 Clayton 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 tlu•ough 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 aclaiowledges 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 assignnent 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 3/25/201 I CPC 010 - CVA Contracts
16 of 26
Attachment B
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 DVBJ7 PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 clays 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 otlier time period as may be specified elsewhere in this
Contract) certify in areport 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 leader" as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
Revised 3/25/2011 GTC 610 • CVA Conlrnms
17 of 26
Attachment B
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.
City of Newport Beach
Name of Contact Derson: Shannon Levin
Telephone No:( ) 949- 644 -3041 --Fax No:( ) 949- 723 -0589
2. Facility Name
3, Facility
City of Newport Beach
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)
Attachmenfl`ff
EXHI T "D"
9. Facility's NOAA chart coordinates: Please see attachment.
Latitude:
Longitude:
10. Type ofproject:(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: 2000 Slips 1200 Moorings 2 Dry Docks
14. Number of boats by size:
20' to 251-11 11 26' to 39 -11" 40' to 64' -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
(l.) 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 "? 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)
Attachme'4'6
i��;;Hl't;IT �►)�
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
11
h.
5.
7/2006
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
How many hours per day are the pumpout facilities available to the public? 24 hrs /day
Minimum water depth at proposed pumpout location.
(average minimum depth during boat season): 10
Contents from boat holding tanks shall be discharged to:
(X) a public wastewater collection system
ft.
( ) 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.
Do you plan to charge for pumpout /dump station use?
If yes to Question 6, how much will you charge? $ FREE
(3)
YES X NO
Attachmenff6
EdOWOII d'Du
PARTNERSHIPS
Partnership with others such as local government, private sector, or other community based
organizations are encouraged. List organizations who will be participating with you in the project; their
contact people, addresses, phone numbers and their role in the project will assist reviewers in
determining the extent of your partnership efforts.
7/2006
City of Newport Beach project.
(4)
AttachmAV9
E)LHOT "Dod
ESTIMATED COSTS AND FUNDING
A. ESTIMATED D COSTS
1. Cost of Pumpout /Dump Station
2. Installation Costs $
3. Construction Costs $
4. Engineering Costs $
5. Permit Fees $
6. Other Costs (Specify)
7. Total Project Costs
$ 13,000 each
1,650 each
14,650 each x 5= $73,250
B. REQUIRE, D MATCH[: grant applicants most provide at least 25% of the installed costs of the
pumpout /dump station facilities. This 25% match can be cash, the fair
market value of any labor or materials provided, or a combination thereof.
Local government agencies may be eligible for up to 100% of the project
costs through additional state grant monies. Call Kevin Atkinson at 916-
263- 8149 for more information.
8. Cash Amount $
9. Value of any labor or materials provided
(attach detailed breakdown)
10. Other (Specify) $
11. Total Match $
12. Percent of Total Project Costs
3,662 each
3,662 each x 5= $18,310
25 %
C. Attach copy of all bids and estimates for this proposal. Attachment B.
7/2006
(6)
Attach en f�6
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 numpouts 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.
23 of
Attachment 9
0 ?.i 7. FJi 2(1:12 t1: s3 9495481616
KILBRIDE
Attachment B (2pgs) MIKE K1tLBRIi!D)E,LTD.
General Building & L-'ngineering Contractors
License 735400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 545 -0106 o Fan. (949) 548 -1616
February 10, 2012
Shannon Levin
Harbor Resources
0£c (949)644 -3041
Fax (949)723 -0589
Re: Pump -out Replacement Program
Based upon working k-t).owledge of utility improvements, site visits and recent
experience, we propose to:
REPLACE PUMP-OUT STATION
1. Remove existing purop -out.
2, Repl.umb sewer on float to acoonarnodate modernized pr unp.
3. Rewire new pump as needed.
4. Install pump.
OTHER CONSIDJERATIONS
5. Permit fees are presumed waived.
AMOUNT OF PROPOSAL ................. ...........:..........$1,650.00
Submitted- Mike Kilbride
Accepted
�
PAGE 01
EXHIBIT 00"
i
24 of 26
Attachment B
02/10/2012 11:53 9495484616 KILBRIDE PAGE 02
Attachment B, con't'd
February 10,201
MME, KILBRI DE, LTA).
GeneralBuilding & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach; CA 92659 -8341
(949) 548 -0106 a Fax (949) 548 -161'
Sharmon Levin
Harbor Resources
Ofc (949)644 -3041
Fax (949)723 -0589
lte: Pump -out Replacement
Shannon:
The cost to the City of Newport Beach for a replacement purnp provided by EMP
Industries, model # X400 which has a 40 gallon per minute capacity is:
Base cost 510,150 -00
"Pump Watcher" Program (Required by State of Ca.) 2,300.00
Shipping 550.00
Total cost $13,000.00
Proposed by:
Mike Ki$xide - Prasident
EXHIBIT "D"
25 of 26
Attachment B
N
m
O_
N
m
City of Newport Beach Attachment C
City Operated Pumpout Stations