HomeMy WebLinkAboutReso 136-10 Trash Capture DemoRESOLUTION NO. 136 - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
********
APPROVING AGREEMENT FOR LOCAL AGENCY PARTICIPATION IN GRANT-FUNDED
BAY AREA-WIDE TRASH CAPTURE DEMONSTRATION PROJECT WITH THE
ASSOCIATION OF BAY AREA GOVERNMENTS
WHEREAS, the Association of Bay Area Governments (ABAG) has obtained a grant in
the amount of $5,000,000 from the State Water Resources Control Board's State Clean Water
Revolving Fund for the Bay Area Trash Capture Demonstration Project (Project); and
WHEREAS, the Project is intended as a demonstration project to install and assess
various types of trash capture equipment in storm drain systems throughout the Bay Area, and
will assist local governments in meeting trash capture requirements under the Municipal
Regional Permit for Stormwater adopted by the San Francisco Bay Regional Water Quality
Control Board on October 14, 2009; and
WHEREAS, the City of Dublin is eligible for a portion of the ABAG grant funds in the
amount of $56,156 for use in purchasing and installing trash capture devices; and
WHEREAS, ABAG has prepared an Agreement for Local Agency Participation in Grant-
Funded Bay Area-Wide Trash Capture Demonstration Project with Association of Bay Area
Governments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement between ABAG and the City of Dublin.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed
to transmit a certified copy of this Resolution, together with duplicate executed copies of the
Agreement, to ABAG for approval and processing.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 7th day of September, 2010, by the
following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST•
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l~C.~, ,, c
City Clerk
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Mayor
Reso No. 136-10, Adopted 9-7-10, Item 4.6 Page 2 of 2
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ASSOCIATION OF BAY AREA GOVERNMENTS
Agreement for Local Agency Participation in Grant-Funded
Bay Area-wide Trash Capture Demonstration Project
This agreement is made and entered into effective , 2010, by and between the Association of Bay
Area Governments (ABAG), a public entity formed under the California Joint Exercise of Powers Act,
Government Code Sections 6500, et seq. and the City of Dublin (Dublin), a City.
Recitals
A. ABAG and the California State Water Resources Control Board (State Water Board) have entered into Project
Finance Agreement No. 09-823-550 (PFA) in the amount of $5,000,000 (five million dollars) for Clean Water
State Revolving Fund Project No. C-06-6441-110, the Bay Area-wide Trash Capture Demonstration Project
(Project). Funding is provided by the federal American Recovery and Reinvestment Act of 2009 (ARRA).
The PFA and amendments are located at httn://www.bayareatrashtracker.ar~/contentlcontract-resources
B. The Project is comprised of the following clements: acquisition of trash capture devices {TCDs), provision
and/or installation of TCDs in existing storm drainage infrastructure, maintenance of installed TCDs and
monitoring of installed TCDs.
C. Dublin is one of many local government entities that are eligible to participate in the Project (collectively,
"Potential Participants") by facilitating inst allation of the TCDs in its existing storm drainage infrastructure
and by maintaining and monitoring installed TCDs, as set forth in the attached Exhibit A, Scope of Work,
which is incorporated herein by this reference.
D. ABAG issued Requests for Proposals for small capacity trash capture devices (small TCDs) and for high flow
capacity trash capture devices (large TCDs) (collectively, "TCDs") and assembled a panel of vendors for
devices in both categories that can meet minimum trash capture permit requirements when properly installed
and maintained.
E. ABAG has contracted with each vendor on the panel to furnish, and if requested, install small TCDs selected
by Participating Entities [as defined in section 2(a)J; and to provide large TCDs; and for ABAG to pay the
cost thereof.
F. ABAG has made an initial determination that each Potential Participant will have access to a portion of the
funds available under the PFA (PFA Funds} for the acquisition and installation of TCDs, all as shown in
Exhibit A-1.
ABAG and Dublin mutually agree as follows:
1. Initial Allocation and Current Balances. Dublin has access to $56,156 (fifty-six thousand, one hundred and
fifty-six dollars) in PFA Funds to acquire and install TCDs. PFA Funds may only be used to fund or defray
the costs of acquiring and/or installing TCDs from the panel of vendors listed in Exhibit A-2 (see section 3).
ABAG will calculate the amount of PFA Funds to which Dublin has access on any given day by reducing the
initial allocation by the amount encumbered by TCDs on order (see section 3) and amounts paid for accepted
TCDs. This information will be posted at http://www.bavareatrashtracker org/content/contract-resources and
will be adjusted on an as-needed basis.
2. Reallocations.
(a) Dublin acknowledges that the success of the Project depends on maximum use of the PFA Funds and that
greater use may be achieved by reallocating access to PFA Funds among the Potential Participants that have
executed an "Agreement for Local Agency Participation Grant Funded SF Bay Area Trash Capture
Demonstration Project" by January l, 2011 (Participating Entities). All reallocations will be reflected in the
current balance (see section 1).
EXHIBIT ~4
To the Resolution
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(b) All of the initial allocations for any Potential Participants that have not executed an "Agreement for Local
Agency Participation Grant Funded SF Bay Area Trash Capture Demonstration ProjecY' by January l, 2011
will be reallocated among Participating Entities by ABAG at its sole discretion after soliciting input from the
Project's Technical Advisory Group. Reallocations under this provision will be implemented by written
notice from ABAG to each Participating Entity that is given access to the additional PFA Funds. Dublin
agrees that any written notice(s) it receives pursuant to this section will automatically amend the allocation in
section 1 in accordance with its terms.
(c) ABAG may reallocate access to any unused PFA Funds during the period from January l, 2011 to March
1, 2011 as follows: ABAG will provide written notice of the proposed reallocation to the affected
Participating Entities no less than 30 (thirty) calendar days prior to the date that ABAG intends to implement
the reallocation. The affected Participating Entities and ABAG may negotiate a different reallocation and
implement it by a writing executed by the authorized representatives of the affected Participating Entities and
ABAG. If the affected Participating Entities and ABAG cannot agree on a different reallocation, ABAG may
(i) unilaterally implement the reallocation described in the notice on the date set forth therein or (ii) rescind
the notice. Dublin agrees that ABAG may unilaterally amend Dublin's allocation in accordance with this
subsection (c).
Ordering TCDs. ABAG has pubiished a document that lists and describes all available TCDs, which is
labeled E~chibit A-2 and is online for downloading at http://www.bayareatrashtracker.or~/contentltrash-
capture-devices, and may be amended from time to time by ABAG. To order a TCD, Dublin must submit to
ABAG a completed Purchase Order signed by representatives of Dublin and the vendor of the TCD in the
form attached to this Agreement as Exhibit A-3. Dublin is responsible for negotiating and reaching agreement
with the vendor on the additional information required by.the Purchase Order, and such other additiona] terms
and conditions as Dublin and the vendor deem necessary, including without limitation, location of
installation, date of delivery or installation, per unit cost, design, engineering and other technical collaboration
or assistance. Dublin is responsible for coordinating its ordering of TCDs in a manner that entitles it, alone or
in conjunction with others, to discounted prices for TCDs. The Purchase Order is not effective until approved
by ABAG. ABAG may unilaterally amend E~ibit A-2 from time to time to reflect changes in TCD
availability or specifications or vendor information.
4. Project Sites. Dublin must locate all TCDs acquired under this agreement at locations (Project Sites) that
meet the requirements set forth in Exhibits D-1 through D=4, inclusive (Certifications).
Accepting TCDs. Upon Dublin's acceptance of a TCD, ABAG will pay the vendor of the TCD. Dublin may
accept a TCD only by submitting to ABAG a completed Notice of Acceptance executed by Dublin and the
vendor. Payment will be made after ABAG approves the Notice of Acceptance, attached to this Agreement as
Exhibit A-4. The Notice of Acceptance Form is available online for downloading at
http:Uwww.bayareatrashtracker.orJcontentJcontract-resources and may be amended from time to time by
ABAG.
6. Deadline for TCD Installation. ABAG will not approve any Notices of Acceptance submitted for any TCD
installed after November 1, 2012. Dublin acknowledges and accepts the risks described in section 9 that may
result from Dublin's failure to comply with the installation deadline.
7. Vendor Contracts. Dublin's right to order and acquire a TCD is based on its status as a third party beneficiary
of ABAG's contract with the vendor of the TCD. The current version of ABAG's contract with each vendor
is online at http://www.bayareatrashtracker.org/content/trash-caphire-devices
8. Transfer of Rights to TCDs. Immediateiy upon ABAG's approval of the Notice of Acceptance and payment
to the vendor for a TCD, all rights to said TCD, including but not limited to title, warranties, and protection
from patent infringement claims, are transferred to Dublin.
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9. Fabrication and Installation Risk. If for any reason, Dublin and the vendor of the TCD do not submit a Notice
of Acceptance, or ABAG disapproves the Notice of Acceptance for a TCD, Dublin agrees that if there is any
liability to the vendar for amounts owed for the TCD or for any damages, Dublin, and not ABAG, will be
solely liable to the vendor for any amounts owed or damages caused thereby.
10. Operation and Maintenance of TCD. Dublin agrees to provide for operation and maintenance of each TCD
acquired under this agreement throughout the useful life of the TCD (not to exceed 25 years).
11. Monitoring. See Exhibit A, Scope of Work, for monitoring requirements.
12. Hold Harmless. Contractor shall hold harmless, defend and indemnify ABAG, its directors, officers, agents
and employees from and against any and aIl liability, claims, losses, or damages arising from all acts or
omissions to act of Contractor or its officers, agents, employees or subcontractors in rendering services under
this agreement, excepting liability, claims, losses or damages based solely on ABAG's acts or omissions.
l3. Entire Agreement. This agreement and its attachment are entire as to the activities covered by it. This
agreement supersedes any and all other agreements either oral or in writing between ABAG and Dublin with
respect to the subject matter hereof. ABAG and Dublin acknowledge that no representations, inducements,
promises or agreements, orally or otherwise, have been made to any party, or anyone acting on behalf of any
party, which are not embodied herein, and that no other contracts, statement, or promise not contained in this
agreement shall be valid or binding.
14. Conflict of Interest. Dublin covenants that presently there is no interest; and none shall be acquired, direct or
indirect, which conflicts in any manner or degree with its performance as required under this agreement.
Dublin further covenants that in the performance of this agreement, no person having any interest shall be
employed by it.
15. Notices. Any notices, demands, or elections required or permitted to be given or made hereunder shall be in
writing, shall be personally delivered or mailed by certified or registered mail, return receipt requested,
addressed to the Authorized Representatives of the respective parties as follows:
ABAG
San Francisco Estuary Partnership
1515 Clay Street, Suite 1400
Oakland, CA 94612
Attn.: Janet Cox, Contract Manager
Phone: (510) 622-2334
Email: jwcoa ,waterboards.ca.~ov
City/County
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention: Mark Lander
Phone: (925) 833-6635
Email: mark.lander(c~,ci.dublin.ca.us
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16. Binding on Heirs. This agreement shall be binding upon the heirs, successors, assigns, or transferees, of
ABAG or Dublin, as the case may be. This provision shall not be construed as an authorization to assign, transfer,
hypothecate or pledge this agreement other than as provided above.
17. Other Contract Provisions. This Contract shall be subject to the Standard Contract Provisions and Federal
ARRA and State Water Resources Control Board Contract Provisions as set forth in Exhibits B and C
respectively, which are incorporated herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below.
Dated:
City of Dublin:
Joni Pattillo
City Manager
(Tax ID #)
Dated:
ASSOCIATION OF BAY AREA GOVERNMENTS:
Henry L. Gardner
Executive Director
Approved as to legal form and content:
Kenneth K. Moy, Legal Counsel
Association of Bay Area Governments
Approved as to legal form and content:
Print Name & Title
City of Dublin
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EXHIBIT A
SCOPE OF WORK
The Bay Area-Wide Trash Capture Demonstration Project is funded by the State Water Resources Control Board
Clean Water State Revolving Fund (CWSRF) with funds from the American Reinvestment and Recovery Act
(ARRA). The San Francisco Estuary Partnership (SFEP), a project of the Association of Bay Area Governments
(ABAG) will administer the project, which will retrofit and/or improve storm drainage infrastructure in order to
address trash pollution in San Francisco Bay and local creeks.
The project will demonstrate to municipalities and the public that trash can be managed, and that reductions in the
volume of trash enhance the Estuary and its water quality. Municipal staff will gain experience with, and share
information about, different types of trash capture devices. The project will facilitate early compliance with the
San Francisco Bay Regional Water Quality Control Board's Municipal Regionai Stormwater National Pollutant
Discharge Elimination System Permit affecting Phase I communities, and anticipated requirements for operators
of small municipal separate storm sewer systems (Phase II).
SFEP/ABAG has developed an initial distribution of project resources, posted at
http://www.bayareatrashtracker.or~/content/contract-resources, which allocates a proportion of available funds to
all project area municipalities (E~chibit A-1) based on population and regulatory requirement to capture trash. This
allocation will be revised to reflect the municipalities that choose to contract with ABAG and join the project.
SFEP/ABAG has solicited proposals from, and is contracting with vendars to provide trash capture devices for
installation in municipal storm drain systems throughout the project area, in a range of scales and designs
appropriate to different locations and conditions.
All construction must be complete, and all devices installed, by November 1, 2012.
The project completion date (end of project term) is December l, 2013.
Participating entities that opt to join the project will undertake the following tasks:
1. Contract with the Association of Bay Area Governments to participate in the Bay Area-wide Trash
Capture Demonstration Project. This contract includes provisions required by both ARRA and the
CWSRF.
2. Review the list of vendors and trash capture devices included in the project (Exhibit A-2); identify high
trash-generating locations for installation of devices; and wark with vendors' representatives to select and
size devices appropriate to those sites. Each individual installation must either be covered by the Project's
categorical eYemption from requirements of the California Environmental Quality Act (CEQA Guidelines
Section 15302(c), Replacement or Reconstruction), or the municipality must submit to ABAG complete
CEQA documentation that was been duly filed with the Governor's Office of Planning and Research
before September 15, 2009.
3. Complete a purchase order form (examplc in E~ibit A-3) for each vendor of selected devices, specifying
devices and locations; sign the form along with the vendor's representative; and submit to the SFEP
project manager. Submit multiple purchase orders if necessary.
4. Either supervise installation of each device by the vendor; install the device with municipal staff labor; or
contract separately with an appropriate installer (using municipal funds unless otherwise arranged with
ABAG legal staffl to place the device in accordance with specifications.
~ When the device is properly instal(ed and functioning, complete a Notice of Acceptance (E~chibit A-4)
and submit the ABAG.-When a representative of the city or county signs the Notice of Acceptance,
ownership and responsibility for upkeep and maintenance of the device pass from ABAG to the
municipality.
6. Display a projeet placard, to be provided by ABAG, in city/county offices or other appropriate public
space
7. Maintenance: Municipal staff will perform or supervise appropriate regular maintenance of each device
according to manufacturer's instructions or best practices. Each device will be maintained so as to
maximize effectiveness and minimize both flooding and flow of trash through the storm drainage system;
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and to filter the one-hour/one-year storm at all times. The municipality will maintain the device in good
working order for the useful life of the TCD (aot to exceed 25 years), unless otherwise authorized by
ABAG and the State Water Resources Control Board Division of Financial Assistance.
8. Monitoring and reporting: Municipal staff will use the online reporting website operated by ABAG/SFEP
to record the following:
a. Installation/location
i. Device inventory number, name, and type
ii. Size/capacity of device
iii. Installation location
iv. Catchbasin dimensions, if applicable
v. Outflow pipe diameter
vi. Best estimate of catchment area (required for high flow capacity devices, optional for
small devices)
vii. Major land uses in catchment, estimated percentages (high flow capacity devices); or
dominant land use adjacent to catchbasin (small TCDs}
b. Maintenance reporting for each maintenance event during the project term:
i. Date of maintenance
ii. Staffing time, and equipment required to perform maintenance
iii. Estimated percentage full at time of maintenance
iv. Optional:
1. Condition of catchbasin and device
2. Characteristics of trash removed from device (visual estimate)
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EXHIBIT A-1
LIST OF POTENTIAL PARTICIPANTS
Alameda County Marin County
Alameda Belvedere
Albany Corte Madera
Berkeley Fairfax
Dublin Larkspur
Emeryville Mill Valley
Fremont Novato
Hayward Ross
Livermore San Anselmo
Newark San Rafael
Oakland Sausalito
Piedmont Tiburon
Pleasanton ~ County of Marin
San Leandro
Union City Napa County
County of Alameda American Canyon
Calistoga
Contra Costa County Napa
Antioch St Helena
Brentwood Yountville
Clayton County of Napa
Concord
Danville San Mateo County
E1 Cerrito Atherton
Hercules Belmont
Lafayette Brisbane
Martinez Burlingame
Moraga Colma
Oakley Daly City
Orinda East Palo Alto
Pinole Foster City
Pittsburg Half Moon Bay
Pleasant Hill Hillsborough
Richmond Menlo Park
San Pablo Millbrae
San Ramon Pacifica
Walnut Creek Porto(a Valley
County of Contra Costa Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
County of San Mateo
Santa Clara County
Campbel l
Cupertino
Los Altos
Los Altos Hills
Los Gatos
Milpitas
Monte Sereno
Mountain View
Palo Alto
San Jose
Santa Clara
Saratoga
Sunnyvale
County of Santa Clara
Solano County
Benicia
Fairfield
Suisun City
Vallejo
County of Solano
Sonoma County
Petaluma
Sonoma
County of Sonoma
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EXHIBIT A-2
SAN FRANCISCO .
°~~~~~~.;r~? Bay Area-wide Trash Capture
- Demonstration Project
ESTUARY Vendors and devices approved March 18, 2010
PARTNERSHIP
Small devices with San Francisco Bay Water Board cert~cation for full trash capture
Device ID Vendor Device Name
AS-1 Advanced Solutions Stormtek ST3
AS-2 Advanced Solutions Stormtek ST3-G
BMP-1 gest Management Products, Inc. SNOUT Oil-Debris Separator (with Trash
Screen)
BC-1 Bio Clean Environmental Services, Grate Inlet Skimmer Box (square design)
Inc.
BC-2 Bio Clean Environmental Services, High Capacity Round Grate Inlet Skimmer Box
Inc.
BC-3 Bio Clean Environmental Services, Modular Connector Pipe Screen
Inc.
BC-4 Bio Clean Environmental Services, Trash Guard
Inc.
ECI-1 Ecology Control Industries Debris Dam
(American Stormwater)
G2-1 G2 Construction, Inc. Collector Pipe Screen
G2-1 R G2 Construction, Inc. Collector Pipe Screen Removable
GFI-1 Gentile Family Industries WAVY GRATE Trash Catcher
(Waterway Solutions) ~
KS-1 Inc.
KriStar Enterprises F~o Gard Plus Catch Basin Filter Insert,
, combination inlet style - C3 (stainless steel)
KS-2 Flo Gard Plus Catch Basin Filter Inserts, flat
KriStar Enterprises, Inc. grated inlet style, rectangular or round - C3
(stainless steel)
KS-3 KriStar Enterprises, Inc. FloGard Catch Basin Outlet Screen Insert
REM-1 Revel Environmental Manufacturing, Triton Bioflex Drop Inlet Trash Guard
Inc.
USW-1 United Stormwater, Inc. Connector Pipe Screen
WCS-1 West Coast Storm, Inc. Connector Pipe Screen
XP-1 Xeripave, LLP (pending} ~
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Devices not cert~ed by the Water Board, but eligible for ordering by municipalities where
they will be used in combination with fuil capture devices
Device ID Vendor Device Name
ECI-2 Ecology Control industries
(American Stormwater) Surfgate
G2-2 G2 Construction, Inc. CamLock Debris Gate
G2-3 G2 Construction, Inc. FS 10
GFI-2 Gentile Family Industries
(V1laterway Solutions) ARS - automatic retractable screen
KS-4 KriStar Enterprises, Inc. Trash and Debris Guard
USW-2 United Stormwater, Inc. Clean Screen III
XP-2 Xeripave LLC Infill existing grate
XP-3 Xeripave LLC Storm Grate and Lintel
WCS-2 West Coast Storm, Inc. ARS - automatic retractable screen
High Flow Capacity Devices wifh Water Board cert~cafion
Device ID Vendor Device Name
BC-5HF Bio Clean Environmental Services,
Inc. Nutrient Separating Baffle Box
CCP-1 HF Contech Construction Products Continuous Deflective Separator (CDS)
FCT-1HF Fresh Creek Technologies, Inc. Inline Netting Trash Trap
KS-5HF KriStar Enterprises, Inc. CleansAll
KS-6HF KriStar Enterprises, Inc. Downstream Defender
KS-7HF KriStar Enterprises, Inc. FloGard Dual-Vortex Hydrodynamic Separator
KS-8HF KriStar Enterprises, Inc. FloGard Perk Filter
KS-9HF KriStar Enterprises, Inc. FloGard Swirl-Flo Screen Separator
KS-10HF KriStar Enterprises, Inc. Nettech Gross Pollutant Trap - In Line
RMC-1HF Roscoe Moss Company Storm Flo Screen
Devices wifh Water Board certi~cation to be approved on a case-by-case basis, pending
fhe Water Board's defermrnation fhat installation qvalifies for CEQA Categorical Exemption
15302(c), "Replacement or reconstruction of exisfing ufility sysfems and/or facilities..."
Device ID Vendor Device Name
FCT-2HF Fresh Creek Technologies, Inc. End of Pipe Netting Trash Trap
KS-11 HF KriStar Enterprises, lnc. Nettech Gross Pollutant Trap- End of Line
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EXHIBIT A-3
SAMPLE PURCHASE ORDER FORM
[Do NOT use this paper form. Use the electronic version downloadable from
http://www.bayareatrashtracker.org/content/contract-resources]
USE ONE FORM PER VENDOR. ATTACH ADDITIONAL SHEETS, SHOWING ALL INSTALLATION
LOCATIONS, AS NECESSARY.
THIS PURCHASE ORDER IS NOT FINAL UNTIL APPROVED BY ABAG
P.O. No. (city/county name + 4-digit number)
Date
Municipality Information Vendor information
City/County: Company name:
Attention: Vendor Ta~c ID:
Address Attention:
Address
City Zip City State Zip
Phone Fa~c Phone Fa~c
Email Email
Order Details (Use one row for each installation. Add rows as necessary)
Line # Device
number Description / Model Location* nelivery
Date Install /
Noninstall price
t
2
Tax
Shipping/delivery, if applicable
TOTAL
* Location must be specific (SW corner 6`h St. & Main or GPS coordinates). See online form for specification
instructions.
Special Conditions**:
**Attach additional sheets, showing all special conditions, as necessary.
Approved by
Name (print)
Approved by.
Name (print)
Approved by
OWP # 102147
(Signature of authorized Representative, Participating Entity)
(Signature of device vendor representative)
(ABAG)
Date:
Phone
Date:
Phone
Date:
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EXHIBIT A-4
SAMPLE NOTICE OF ACCEPTANCE
[Do NOT use this form. Use the electronic version downloadable from
http://www.bayareatras htracker.org/content/contract-resources]
USE ONE FORM PER VENDOR. ATTACH ADDITIONAL SHEETS, SHOWING ALL INSTALLATION
LOCATIONS, AS NECESSARY.
Date:
This form verifies installation of trash control device(s), as required by the State Water Resources Control Board Clean
Water State Revolving Fund Project Finance Agreement with ABAG for the Bay Area-Wide Trash Capture Demonstration
Project, Agreement No. 09-823-550.
To: San Francisco Estuary Partnership
Attn.: Janet Cox
1515 Clay Street, Suite 1400
Oakla~d, CA 94612
(510)622-2334
Please be advised that [PARTICIPATING ENTITY NAMEJ has received the following goods (TCD), pursuant to
Purchase Order # , dated
Date
Installed Line #
(rrom
p.o.) project device
number
Description / Model
Location
Price
Tax
Shipping/delivery (if applicable)
TOTAL
Authorized representatives of [PARTICIPATING ENTITY NAME) and [VENDOR NAME] have inspected the trash
capture devices (TCD) which have been received and installed in good condition, with no defects and in conformity with
the order.
We accept the TCD(s) noted above and authorize ABAG to pay the vendor the total amount listed above, $XXX.
Approved by Date:
(Signature of authorized Representative, Participating Entity)
Name (print) Phone
Approved by Date:
(Signature of device vendor representative)
Name (print) Phone
Approval to pay by: Date:
(Project Manager, SFEP)
Comments/Instructions:
• Payment will be based on this NOA. If Vendor is using its own invoicing system, the invoice must be attached to this
NOA for payment.
OWP # 102147
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EXHIBIT B
STANDARD CONTRACT PROVISIONS
1. Definitions:
"Contractor" as used in E~ibit B is Dublin.
2. Conflict of Interest. No employee, officer, or agent of ABAG shall participate in selection, or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict
would arise when:
a) The employee, officer or agent;
b) Any member of his or her immediate family;
c) His or her partner; or
d) An organization which employs, or is about to employ, any of the above has a financial or other interest
in the firm selected for award.
ABAG's officers, employees or aaents shall neither solicit nor accept gratuities, favors or anything of
monetary value from contractors, potential contractors, or parties to subcontracts.
3. Extensions of Time. The granting of or acceptance of extensions of time to complete performance by
Contractor will not operate as a release to Contractor or othenvise modify the terms and conditions of this
Contract.
4. Headin~s. The descriptive headings used in this Contract are for convenience only and shall not control or
affect the meaning or construction of any of its provisions.
5. Prohibited Interest. Contractor's officers, employees or agents shall neither solicit nor accept gratuities,
favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts.
6. Remedies Cumulative. The remedies conferred by this Contract upon ABAG are not intended to be
exclusive, but are cumulative and in addition to all other remedies provided by law.
7. Severabilitv. Should any part of this Contract be declared unconstitutional, invalid, or beyond the authority of
either party to enter into or carry out, such decision shall not affect the validity of the remainder of this
Contract, which shall continue in full force and effect; provided that, the remainder of this Contract can,
absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.
Insurance Requirements. Contractor shall procure and maintain for the duration of this Contract insurance
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, its agents, representatives, or employees. Contractor
may satisfy all of the requirements of this section by documentation of its membership in a California
government agency self-insurance risk pool with coverage at least as broad as the Insurance Requirements set
out in this Contract.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).
2} Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1(any auto).
3) Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
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4) Errors and Omissions Liability insurance appropriate to the Contractor's profession. Architects' and
engineers' coverage is to be endorsed to include contractual liability, The City is not required to obtain
Errors and Omissions Liabitity insurance for work and services provided by its own employees or
officials.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liabilitv: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit
shall be twice the required occurrence limit.
2) Automobile Liabilitv: $1,000,000 per accident for bodily injury and property damage.
3) Emplover's Liabilitv: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles ar self-insured retentions must be declared to
and approved by ABAG. At the option of ABAG, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects ABAG, its officers, officials, employees and volunteers;
or the Contractor shall provide a financial guarantee satisfactory to ABAG guaranteeing payment of losses
and related investigations, claim administration and defense expenses. (Tncluding operations, products and
completed operations, as applicable.).
d. Other Insurance Provisions. The Contractor will cause its self-insurance government agency risk pool, to
provide documentation ofthe following~
1) ABAG, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles
owned, leased, hired or borrowed by the Contractor.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
as respects ABAG, its officers, officials, employees and volunteers. Any insurance or self-insurance
maintained by ABAG, its officers, officials, employees or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
3) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after 30 (thirty) days' prior written notice by certified mail, return
receipt requested, has been given to ABAG.
4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional
insured in any case where an agreement to indemnify the additional insured would be invalid under
Subdivision (b) of Section 2782 of the Civil Code.
e. Acce tp ability of Insurers. Based on Contractor's representation that its self-insurance agency risk pool is
solvent and funded at prudent levels, ABAG accepts the coverage provided in lieu of commercia]
insurance.
f. Verification of CoveraQe. Contractor shall furnish ABAG with original certificates and amendatory
endorsements effecting coverage required by this clause. All certificates and endorsements are to be
received and approved by ABAG before work commences. ABAG reserves the right to require complete,
certified copies of all required insurance policies, including endarsements affecting the coverage required
by these specifications at any time.
g. Authority to Self-Insure. The requirements of this section may be satisfied by the provisions of equivalent
coverage through a program of self-insurance whieh is eertified in writing with an "Affidavit of Insurance",
or functionally equivalent document.
13
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EXHIBIT C
AMERICAN RECOVERY & REINVESTMENT ACT (ARRA) and
CLEAN WATER STATE REVOLVING FUND (CWSRF)
CONTRACT PROVISIONS
ARTICLE I: DEFINITIONS
"Contractor" as used in Exhibits C, C-1, C-2, C-3, and C-4 is Dublin.
"Project" as used in Exhibits C, C-l, C-2, C-3, and C-4 refers to the fabrication and installation of trash capture
devices under a Purchase Order.
"System" as used in Exhibits C, C-1, G2, C-3, and C-4 means all nonpoint source control or estuary enhancement
facilities (TCDs), together with all additions, betterments, extensions or improvements to such facilities,
properties, structures, or works or any part thereof hereafter acquired and constructed.
ARTICLE II: REPRESENTATIONS AND WARRANTIES
2.1 General Contractor Commitments.
The Contractor accepts and agrees to comply with all terms, provisions, conditions, and commitments of this
Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and
commitments made by the Contractor in its application, accompanying documents, and communications filed in
support of its request for financial assistance.
2.2 Completion of Project.
The Contractor agrees to expeditiously proceed with and complete construction of the Project in substantiai
accordance with Eachibit A.
23 Project Certification.
ABAG shall prepare a Project Certification that includes information collected by the Contractor in accordance
with the Bay Area-wide Trash Capture Demonstration Project monitoring and reporting plan, a determination of
the effectiveness of the Project in preventing or reducing pollution, and the results of the monitoring program. The
Project Certification shall follow the general format provided by the Bay Area-wide Trash Capture Demonstration
Proj ect.
Failure to submit a Project Certification, an affirmative certification, or a corrective action report that meets the
above requirements and is satisfactory to the Division within 15 (fifteen) months of the Project Completion date
will cause the State Water Board to stop processing any pending or future applications for new financial
assistance, withhold payments on any existing financial assistance, and begin administrative proceedings pursuant
to sections 13267 and 13268 of the Water Code.
2.4 [not applicable]
2.5 Notice. The Contractor agrees to promptly notify the ABAG Contract Manager in writing of:
(a) Litigation, circulation of a petition to challenge rates, consideration of bankruptcy, dissolution, or
disincorporation, or any other thing that could negatively affect or jeopardize the Contractor's revenues used for
operations, maintenance, and repairs of the Project during its useful life.
(b) Any substantial change in scope of the Project. The Contractor agrees that no substantial change in the scope
of the Project will be undertaken until written notice of the proposed change has been provided to ABAG and
ABAG has given written approval for such change;
(c) [not applicable]
(d) [not applicable]
(e) Discovery of any potential archeological or historical resource. Should a potential archeological or historical
14
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~~~1
resource be discovered during construction of the Proj ect, the Contractor agrees that all work in the area of the
find will cease until a qualified archeologist has evaluated the situation and made recommendations regarding
preservation of the resource, and the State Water Resources Control Board, Division of Financial Assistance
(Division) has determined what actions should be taken to protect and preserve the resource. The Contractor
agrees to implement appropriate actions as directed by the Division;
( fl Discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species
Act. Should a federally protected species be unexpectedly encountered during construction of the Project, the
Contractor agrees to promptly notify the ABAG Contract Manager. This notification is in addition to the
Contractor's obligations under the federal Endangered Species Act;
(g) Any monitoring, demonstration, or other implementation activities such that the State Water Resources
Control Board (State Water Board) and/or Regional Water Quality Control Board (Regional Water Board) staff
may observe and document such activities;
(h) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the
opportunity for attendance and participation by state and federal representatives with at least ten (10) working
days notice; and,
(i) Completion of Construction of the Project, and actual Project Completion.
2.6 Project Access.
The Contractor agrees to insure that ABAG, the State Water Board, the Governor of the State, the United States
Environmental Protection Agency (USEPA), the Office of Inspector General, any member of Congress, the
President of the United States, or any authorized representative of the foregoing, wil) have suitable access to the
Project site at all reasonabte times during Project construction and thereafter for the life of the Project. The
Contractor acknowledges that the Project records and locations are public records.
2.7 Project Completion; Initiation of Operations.
Upon Completion of Construction of the Project, the Contractor agrees to expeditiously initiate Project
operations. The Contractor agrees to make all reasonable efforts to meet the Project Completion date established
in Exhibit A. Such date shall be binding upon the Contractor unless modified in writing by ABAG upon a
showing of good cause by the Contractor. The Contractor shall deliver any request for extension of the Project
Completion date no less than ninety (90) days prior to the Project Completion date. ABAG will not unreasonably
deny such a timely request, but the Division will deny requests received after this time.
2.8 Continuous Use of Project; Lease or Disposal of Project.
The Contractor agrees that, except as provided in the Agreement, it will not abandon, substantially discontinue
use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project
without prior written approval of the ABAG and the Division. Such approval may be conditioned as determined
to be appropriate by the Division, including a condition requiring repayment of all Project Funds together with
accrued interest and any penalty assessments which may be due.
2.9 Reports.
(a) [not applicable]
(b) As Needed Reports. The Contractor agrees to expeditiously provide, during the term of this Agreement, such
reports, data, and information as may be reasonably required by ABAG or the Division, including but not limited
to material necessary or appropriate for evaluation of the CWSRF Program or to fulfill any reporting requirements
of the federal government.
2.10 [not_applicable]
2.11 [not applicable]
15
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2.12 [not applicable]
2.13 Signage.
The Contractor shall post project posters inside its city hall and by posting notice on its website until
the Completion of Construction date specified in Exhibit A. For both posters and website notices, the
Recipient (ABAG) shall ensure the inclusion of the relevant logos and statements required by Section
2.13 of the CWSRF Project Finance Agreement with ABAG for the Bay Area-Wide Trash Capture
Demonstration Project, Agreement No. 09-823-550.
ARTICLE III: [not applicable~
ARTICLE IV: MISCELLANEOUS PROVISIONS
4.1 Timeliness.
TIME IS OF THE ESSENCE IN THIS AGREEMENT
4.2 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 ab eement not incorporated in this Agreement is
binding on any of the parties.
4.3 Assignability.
This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State
Water Board in the form of a formal written amendment.
4.4 [not applicable]
4.5 Compliance with Law, Regulations, etc.
(a} The Contractor agrees that it will, at all times, comply with and require its contractors and subcontractors to
comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without
limitation of the foregoing, the Contractor agrees that, to the extent applicable, the Contractor will:
(1) Comply with the provisions of the Categorical Exemption from California Environmental Quality Act
requirements (15302(c)) associated with the Bay Area-wide Trash Capture Demonstration Project, for
the term of this Agreement;
(2) Comply with the State Water Board's "Policy for Implementing the State Revolving Fund for
Construction of Wastewater Treatment Facilities," as amended from time to time; and
(3) Comply with and require its contractors and subcontractors to comply with the list of federal laws
certified to by the Contractor.
4.6 Conflict of Interest.
The Contractor certifies that it is in compliance with applicable state and/or federal conflict of interest laws.
4.7 Damages for Breach Affecting ARRA Compliance.
(a) In the event that any breach of any of the provisions of this Agreement by the Contractor shall result in the
loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State
Water Board or ABAG to reimburse the federal government by reason of any arbitrage profits, the Contractor
shall immediately pay the State Water Board or ABAG, as the case may be, in an amount equal to any damages
paid by or loss incurred by the state due to such breach.
16
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(b) In the event that any breach of any of the provisions of this Agreement by the Contractor shall result in the ~
failure of Project Funds to be used pursuant to the provisions of ARRA, or if such breach shall result in an
obligation on the part of the State Water Board or ABAG to reimburse the federal government, the Contractor
shall immediately pay the State Water Board or ABAG, as the case may be, in an amount equal to any damages
paid by or loss incurred due to such breach.
4.8 Disputes.
(a) Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided
by the Division Deputy Director, or his ar her authorized representative. The decision shall be reduced to writing
and a copy thereof furnished to the Contractor and to the State Water Board's Executive Director. The decision of
the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division
decision to the Contractor, the Contractor mails or otherwise furnishes a written appeal of the decision to the State
Water Board's Executive Director. The decision of the State Water Board's Executive Director shall be final and
conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or
arbitrary, or so grossly enoneous as necessarily to imply bad faith, or not supported by substantial evidence. In
connection with any appeal under this clause, the Contractor shall be afforded an opportunity to be heard and to
offer evidence in support of its appea(. Pending final decision of a dispute hereunder, the Contractor shall
continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement.
(b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed
to make final the decision of the State Water Board, or any official or representative thereof, on any question of
law.
(c) The Contractor shall continue with the responsibilities under this Agreement during any dispute.
49 Governing Law.
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
4.10 [not applicable]
4.11 Independent Actor.
The Contractor, and its agents and employees, if any, in the performance of this Agreement, shall act in an
indcpendent capacity and not as officers, employees or agents of the State Water Board or ABAG.
4.12 Non-Discrimination Clause.
(a) During the performance of this Agreement, Contractor and its contractors and 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, sexual orientation, physical disability (including HN
and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care
leave.
(b) The Contractor, its contractors, and subcontractors shall ensure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment.
(c) The Contractor, its contractors, and subcontractars shall comply with the provisions of the Fair Employment
and Housing Act (Gov. Code, § 12990 (a-fl et seq.) and the applicable regulations promulgated thereunder
(California Code of ReguIations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-fl, 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.
(d) The Contractor, its contractors, and subcontractors shall give written notice of their obligations under this
clause to ]abor organizations with which they have a collective bargaining or other Agreement.
(e) The Contractor shall include the nondiscrimination and compliance provisions of this clause in all
17
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subcontracts to perform work under the Agreement.
4.13 No Third Party Rights.
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this
Agreement, or of any duty, covenant, obligation or undertaking established herein.
4.14 Operation and Maintenance; Insurance.
The Contractor agrees to properly staff, operate and maintain all portions of the Project for at least 20 years from
the project completion date (see Exhibit A) years or the design life of the devices in accordance with all
applicable state and federal laws, rules and regulations. The Contractor certifies that it has in place and will
maintain a reserve fund for this purpose. See E~chibit D-1.
The Contractor will procure and maintain or cause to be maintained insurance on the System with responsible
insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including
damage to or destruction of the System) as are usually covered in connection with systems similar to the System.
Such insurance may be maintained by the maintenance of a self-insurance plan so long as any such plan provides
for (i) the establishment by the Contractor of a separate segregated self-insurance fund funded in an amount
determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the
field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a
claims processing and risk management program.
In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net
proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion
of the System. The Contractor shall begin such reconstruction, repair or replacement as expeditiously as possible,
and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or
replacement so that the same shall be completed and the System shall be free and clear of all claims and liens.
4.1 S Permits, Subcontracting, Remedies and Debarment.
The Contractor shall procure all permits and licenses necessary to accomplish the work contemplated in this
Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful
prosecution of the wark. Signed copies of any such permits or licenses shall be submitted to the Division before
construction begins.
Any subcontractors, outside associates, or consultants required by the Contractor in connection with the services
covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed
to during negotiations for this Agreement, or as are specifically authorized by the State Water Board's Project
Representative through ABAG during the performance of this Agreement. Any substitutions in, or additions to,
such subcontractors, associates, ar consultants, shall be subject to the prior written approval of the Division.
The Contractor shall not subcontract with any party who is debaned or suspended or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and
Suspension." The Contractor shall not subcontract with any individual or organization on USEPA's List of
Violating Facilities. (40 CFR, Part 3135, Gov. Code, § 4477)
The Contractor certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by
any federal department or agency;
(b) Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
18
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obtain, or performing a public (federal, state or local) transaction or contract under a public iransaction; violation
of federal or state antitrust statutes or commission of embezzlement, theft, fargery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for ar otherwise criminally or civilly charged by a governmental entity (federal,
state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
(d) Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (federal, state or local) terminated for cause or default.
4.16 [not applicable]
4.17 Contractor's Responsibility for Work.
The Contractor shall be responsible for all work and for persons or entities engaged in work performed pursuant
to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services.
The Contractor shall be responsible for any and all disputes arising out of its contracts for work on the Project.
Neither the State Water Board nor ABAG will mediate disputes between the Contractor and any other entity
concerning responsibility for performance of work.
4.18 [not applicable]
4.19 Rights in Data.
The Contractor aarees that all data, plans, drawings, specifications, reports, computer programs, operating
manuais, notes, and other written or graphic work produced in the performance ofthis Agreement are subject to
the rights of the State as set forth in this section. The State and ABAG shall have the right to reproduce, publish,
and usc all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others
to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work
which is copyrighted by the Contractor, the State and ABAG reserve a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to
receive electronic copies from the Contractor upon request. (40 C~R §§ 31.34, 31.36)
4.20 State and ABAG Reviews and Indemnification.
The parties agree that review ar approval of Project plans and specifications by ABAG ar the State Water Board
is for administrative purposes only and does not relieve the Contractor of its responsibility to properly operate and
maintain the Project. To the extent permitted by law, the Contractor agrees to indemnify, defend and hold
harmless ABAG and the State Water Board against any loss or liability arising out of any claim or action brought
against ABAG or the State Water Board from and against any and aIl losses, claims, damages, liabilities or
expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way
connected with (1) the System or the Project or the conditions, occupancy, use, possession, conduct or
management of, work done in or about, or the planning, design, acquisition, installation or construction, of the
System or the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this
Agreement or any related document; (3) any violation of any applicable law, rule or regu]ation, any environmental
law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and
Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, ihe
Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and
California Water Code section 13304, and any successors to said laws), rule or regulation ar the release of any
toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact
or omission or alleged omission to state a material fact necessary to make the statements required to be stated
therein, in light of the circumstances under which they were made, not misleading with respect to any information
provided by the Contractor for use in any disclosure document utilized in connection with any of the transactions
contemplated by this Agreement. To the fullest extent permitted by law, the Contractor agrees to pay and
discharge any judgment or award entered or made against ABAG or the State Water Board with respect to any
such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this seetion
shall survive the term of this Agreement.
19
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4.21 State Water Board and ABAG Action; Costs and Attorney Fees.
The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any
other legal or equitable remedy available to ABAG or the State Water Board as a result of breach of this
Agreement by the Contractor, whether such breach occurs before ar after completion of the Project, and exercise
of any remedy provided by this Agreement by ABAG or the State Water Board shall not preclude ABAG or the
State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of
litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own
filing costs and attorney fees.
4.22 Termination; Immediate Repayment; Interest.
(a) This Agreement will automatically terminate without written notice if the Contractor fails to meet the
timelines in E~chibit A to the PFA and the ARRA special conditions of Exhibit C-2. Under such circumstance, the
Contractor shall immediately pay all Project Funds received under this Agreement for purchase of the trash
capture device, at the highest legal rate of interest.
(b) Additionally, this Agreement may be terminated by written notice at any time prior to project completion by
the Contractor, at the option of the State Water Board through ABAG, upon violation by the Contractor of any
material provision of this Agreement after such violation has been called to the attention of the Contractor and
after failure of the Contractor to bring itself into compliance with the provisions of this Agreement within a
reasonable time as established by the Division through ABAG. In the event of such termination, the Contractor
agrees, upon demand, to immediately pay to the State Water Board through ABAG an amount equal to the
purchase price of the trash capture device.
4.23 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 Ag-reement have force and effect and shall not be affected thereby.
4.24 Useful Life of the Project.
The useful life of the Project, commencing at Project Completion, is at least 20 years or the term of this
Agreement, as set forth in Exhibit A hereto, whichever period is longer.
4.25 Venue.
The State Water Board and the Contractor hereby agree that any action arising out of this Agreement shall be filed
and maintained in the Superior Court in and for the County of Sacramento, Califomia, or in the United States
District Court in and for the Eastern District of Califomia.
4.26 Waiver and Rights of the State Water Board.
Any waiver of rights by ABAG or the State Water Board with respect to a default ar other matter arising under
tl~e Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.
Any rights and remedies of ABAG or the State Water Board provided for in this Agreement are in addition to any
other rights and remedies provided by law.
20
f _} < ' a ~r~
(X D~
EXHIBIT C-1
SPECIAL ENVIl20NMENTAL, FINANCIAL AND OTHER PROGRAM CONDITIONS
• The Contractor shall comply with the Special Environmental, Financial, and Other Program Conditions listed
in E~ibit D of the CWSRF Project Finance Agreement with ABAG for the Bay Area-wide Trash Capture
Demo~stration Project. See Exhibits D-2 and D-3 of this contract.
• Reimbursement of Project expenses will be restricted to TCDs installed at locations where the Contractor has
submitted a statement that explains certifications of access to land, operation and maintenance, and no
litigation to State Water Board staff. See E~ibit D-4.
21
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a ~ ~ `~
EXHIBIT G2
FEDERAL ARRA SPECIAL CONDITIONS
The Contractor shall comply with the Federal ARRA Conditions in the CWSRF Project Finance Agreement with
ABAG for the Bay Area-wide Trash Capture Demonstration Project, E~chibit E posted at
http:Uwww.bayareatrashtracker.or~/contendcontract-resources) of with the exception of section 1(~. Section 1(fl
shall read:
( fl Reports. In addition to the reports specified in this Agreement, the Contractor may be asked for quarterly
reports related to the goals of ARRA, including jobs created or saved. The Contractor agrees to provide such
reports, if requested, in an expeditious fashion.
22
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~
EXHIBIT C-3
ARRA SECTION 1511 CERTIFICATION
The Contractor shall comply with the Section 1511 Certification in the CWSRF Project Finance Agreement with
ABAG for the Bay Area-wide Trash Capture Demonstration Project, E~chibit G. The CWSRF Project Finance
Agreement is posted at http://www.bayareatrashtracker.org/content/contract-resources.
23
as ~, a`i
EXHIBIT C-4
DAVIS-BACON ACT COMPLIANCE
The Contractor shall comply with the Davis-Bacon Act requirements listed in E~ibit H(available for viewing
from SFEP by request) of the CWSRF Project Finance Agreement with ABAG for the Bay Area-wide Trash
Capture Demonstration Project.
The Contractor shall comply with and use the Davis-Bacon wage determinations while working under this
contract. The wage determinations can be found at: http://www.wdol.gov/dba.aspx#3.
24
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EXHIBIT D-1 ~
OPERATION AND MAINTENANCE CERTIFICATION
The undersigned certifies by his or her signature the following:
Dublin agrees to continue to provide for operations and maintenance (O&M) throughout the useful life of the
Project. Dublin provides for operations and maintenance of the Project through its:
p General Fund, of which the estimated costs of O&M will be per cent (_%);
or
^ Other - (Name of fund), of which the estimated costs of O&M will be percent
(_%).
This fund is an on-going operation of the City of Dublin.
Signature
Print Name of Signer
Date
Position/Title
25
a~b6 a~
I
EXHIBIT D-2
PROJECT SITE(S) ACCESS CERTIFICATION
The undersigned certifies by his or her signature the following:
The City of Dublin (Contractor) cerGifies that the State Water Board, the Governor of the State, the United States
Environmental Protection Agency, the Office of Inspector General, any member of Congress, the President of the
United States, ar any authorized representative of the foregoing, will have suitable access to all Project sites at all
reasonable times during Project construction and thereafter for the life of the Project (not to exceed 25 years).
The Contractor acknowledges that the Project records and locations are public recards.
Signature
Print Name of Signer
Date
Position/Title
26
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'^ U
EXHIBIT D-3
NO LITIGATION CERTIFICATION
The undersigned certifies by his or her signature the following:
The City of Dublin (Contractor) is not currently engaged in any pending, threatened, or actual litigation, claims,
or assessments with regard to any of the Project Site(s) or the fund identified in Exhibit G2.
Signature
Print Name of Signer
Date
Position/Title
27
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EXHIBIT D-4 ~
TITLE CERTIFICATION
The undersigned certifies by his or her signature the following:
All of the Project Site(s) is/are located on land owned by the City of Dublin, or land over which the City of
Dublin has an easement for access, operation or maintenance, or is in the public right-of-way.
For any Project Site where the City of Dublin has an easement, said easement is valid for the life of the Project
(not to exceed 25 years).
All permits necessary for Project have been obtained or will be obtained at the appropriate time.
City of Dubiin Date
Attorney or Legal Counsel
Print Name of Signer
Ala
28