HomeMy WebLinkAboutContracts & Agreements_28A-1989_CCv0001.pdf 03RI C 1-TUT& ORA I NAE3E WATER MANAGEMENT NT LOAN PROGRAM
WATER CONSERVATION ANL) WATER QUALITY BOND LAW OF 1986
LOAN CONTRACT
L.EE 7 tR.EGE.t It
RISE
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This loan contra et is FIs=tdc' this 15 day !+1 AprjjI gg'r,+ bF++_,{:.,yeei"`t the .-.tate of
California, acting by and thr-cA_!gh the State Water R'�QUrcas Contr_l Ek rdl
hereinafter r*ferred to as "Stat:' P?-.ord," and I_i_Y of
Redlands, a local agency
of the States of California, hereinafter referred to a "Agency":
1.
The Water CoT r_ r'vti�n and Water ual it v _'+-.and Law of 1086 (Chapter
6.1, Division 7, Water Code) authorizes the State Bwaard to ether into
cciltracts with local agencies to provide loons for design =+_,+d
construction of eligible agricultural drainage nater- ma ;age-tienft
Projects, hereinafter referred to as "Project"; and
2. The Agei-r+_y has made application for a loan for the Project hereinafter descr-i.bed and said Project has been determined by the State card to
be eligible for an Agricultural Drainage Water Management lc oi-t
Pursuant to the Wafter Conservation and t=l_to- Gki d Law of
and
_. The State ate Board has a _ a is loan 'trd 3ig of the Project hereinafter
described.
kY04, T'HEFET LY0, the parties agree as ollcptom:
QCT I ON 1. PFIVElir LE?CJg I FT I g;4.
The Proje-ct shall be lk.n+ovg-t as the City of Fiyd s tJ -CF` ReIT Y-./al Project.
The Prosect generally consists of the design =+und construction uction Caf wellhea,3
treatment facilities for DEO:' re,mov,it to restore ground water, degraded b--,:
Past agricultural practices, to potable qua.;it.v, as more particularly=
described in the Loan Application c+1' the Xyler`t+c o t y.: t...+_#"f_ept 2iDor a
Letter, Exhibit A of thiscro-:tract.
OTIC CF 4\E)
This contract incorporates the f0110"ing c#cs--Ltrr;<T- t=
(a ) E>:F'ibi.t A, Concept Approval Let e�r _+_t` any n- - i=~ __ L_m-e
to,
Page 1 of 5
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Loan Contract (cont,-d) City of Redlands
(b) Exhibit B, Lcem Contract Standard Conditions;
(c) Exhibit C, Wan Contract Special Conditions;
(d) Exhibit D, Nondiscrimination Clause;
(e) Exhibit E, Loan Rep,:-:4,' froent Schedule ard any thereto;
(f) Upon their completion, final plans and specifications approved by the
State Board are incorporated herein and made a part of this contract.
In the "*vent of any incom"iStency in the ccmtract docLmPEnbs, except as
Otherwise provided herein, the inconsistency shall be resolved by giving
Precedence in the following order: (1) The Loan Contract: (2) Exhibit C, Loa--n
Contract Special Conditions: (3) Exhibit A, Concept Approval Letter: (4)
Exhibit B, Loan Contract Standard Conditions: (5) Exhibit E, Loan Repayme4it
Sichedule: 0) Exhibit D, Nondiscrimination Clause.
The Agency accepts and agrees to comply with all terms, Provisions, conditions
and commitments of this contract, including all incorporated documR-its and to
fulfill all assurances, declarations, representations and statements made �
the Agency in the application, documents, amendments and communications filed
in support of its request for an agricultural drainage water management loan.
SEHITION Z. FIUX5ONABLE ELIGIBLfi FqAIJECT C133;T.
The reasonable eligible Project cost, for lcsan pur;x2sanw, is estimated to be
two million se"xsn hundred and fifty thousand dollars
SECTION 4. LOAN
Subject to all terns, provisions, conditions and conmitments, of this contract,
the State Board agrees to loan the Agency an euncnmt which esquals 100 percent
of the eligible cost of the Project, or $2~7505YO` whichever is less.
MYTION 5. lNTEBEOT RATE.
The loan interest rate is 3.6 percent per smnum. The interest rate is set at
fifty (50) percent of the interest rate computsxt bv the true interest cost
011thod on the most recently issued state general onliga±ion bonds.
5EI7T%ON 8. [111F1-E]'ION OF WA]JEDT.
Thu Agency agree-- to Proceed expeditiously with, and zomplete, the ProJecr in
substantial accordance with plans and specifizations approved by the State
Eoxmrd.
F'age 2 of 5
'=mac CT I a,41
The Agency agrees to pay any and all coats connected with the project;
including, without limitation, .any and all Project casts exceeding the State
&z,-z rd approved loan amo-unt.
SEC;I C14 9. Li a M &F'r=TT`t'E T.
11-PER i=aige aC'y aagree to accept this loan u}:+..n the teras and conditions set forth
in this contract, and to repay such tot in full no later than twenty (20)
Dear= from tie date of first disbursement of lOadn funds. grader thiscontract.
T!-F-- Age-icy also agrees that the -First annual loan payment is to be made not
later than the last daffy of the month which follows a twelve month period after
the date of Project completion of construction or a tvsenty-foi-tr month period
after loan contract eNecution, whichever occurs first.
SECTION' P. ItZE31yr-41IFICATION.
The Agency agrees to indemnify the Mate of California, the Mate Ward, and
their officers, agents and employees against, and to hold the same free and
harmless from, any and all claims, demands, damages, loses, cost=, expenses,
or liability due to, or incident to, the de=ign, construction, operation,
repair, maintenance, existence or failure of the Project.
SE1 T I CIA 10. UNFrT I C14 0144 !"1`i I#'v'?3`Jr`%KE.
The Agency agrees to commence operation of the Project upon Comp' l=t ion of
construction and to properly staff, operate, and maintain all portions of tie
Project during its useful life in _accordance with .all applicable state and
federal laws, rules and r-egulations.
CTI$N .ii. FEDERAL ISTAWE.
The Agency agrees, if appropriate, to apply for srid q-a,,s, reasonable efforts to
Care federatl assistance for Project ice`s. If such federal assistance for
Project co-'ts is made available to the Pgenc"y, the Agency r`saay retain all
federal funds received up to an al-C rit which ecvi is try; Agency's lOcaj :moiare
of Project cots. Any encess federal Banos received it maces= of tie amount
l.
w ch e,�u.a is the Agency' s loc�;al _rr"aaare Chi prof t � !_=,, �i�+ '�iE`the r*sTta1Tain
ajiounit love or, ax:ccyrit of the State Ward loan, -.aho l be remitted to tie Stste
`rd to apply apaainmt the loan balance to the t=rt mot pnohinit d Of
federal requirements.ements. F ny F IOUE- Shall ?: the ;+: s--,per> c= ti C"y'.
Page 7 of 5
L.LSt::n Contract (cont d) City of Redlands
SECTICtJ 12. LGEF'L LIFE.
For purposes of this contract, the parties agree that the aseful life of th
Project is e'q'ual to the term of the loErt repayli -,t schedule shown in Exhibit E
or twenty (20) years, whichever is longer.
SECT I CH 1.41.
This contract shall take effect an April 15, 1?2? after due execution by thr
parties hereto and approval by the Mate Department of General Services. This
contract shall remain in effect until April 15, 2010 unless sooner terminated
pursuant to, applicable provisions of this contract. Under no circumstances
shall the loan repayment period e;:ceed 20 years from the date of first
disbursement of loam fends.
SECTION 14. FMJECT LIt--1=ICIALS.
A. The State Board Project Manager shall be Fanxb: T. Ismail of the Division
of Loans and Grants.
B. The State Board Project Manager shall be the 'State Board's representative
for administration of the contract and shall have authority to make
determinations arrd findings with respect to each cu-ltro ersy arising Ander
or in connecticin with the interpretation, performance, or payment for work
per f orra-sed under the contract. Disputes shall be resolved ed in alcor ancE:
with Article 13 of Emhibit D.
C. The Agency Project Director shall be Richard W. Corneille, Utilities
Director. The Pgency Project Director shall be the Agency's
representative for the .administraticr, of the contract -rid shall, ;ale full
authority to act or-, behalf of the Agency, including authority to execute
all payment requests. All communications give(-, to, tte project Director
shall be as binding as if given to the Agency.
D. Either party may char-rge its. Project llvlanager or ir«ntor upon r written
notice to the other party.
Page A. off t"
Loan, Q--ritratct (cc:nt'd) City of Redlands
IN WMIESS THEREOF, the Pacrtir-- have executed this contract on the dates set
forth below:
ST1"t 1 G M"i-t GI'. FESL{1 �-. S 3 i'*t C..'rL E'4_-40D
IN:
James Baetge, Executive Director
Date:
CITY CF REZZ `,E
E:Yr:
Richard W. Oc i ieil ie, Utilities Director
Date:
Fogs 5 of 5
,
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City of Rs�dlamds
EXHIBIT B
LOAN MITRU ETii1ZA1:-ZD [%J-ZITI[US
ARTICLE 1. DEFINITI0NS.
The following terms shall have the meaning hereinafter asCribsd to theGfunleSS
the context clearly requires another meaning:
A. "Eligible Project cost" means, except as otherwise provided,
reasonable and necessary Project costs a.ctually incurred by the
Agency in construction of the Project which are otherwise eligible
for loan funds pursuant to state laws, rules, regulations,
guidelines and this contract. Such costs may include, but are not
limited to:
(1) Design and construction costs,
(2) Project-related engineering, legal and administrative costs,
and
(3) Project-related right-of-way costs, including land purchase
costs.
B. ''Ineligible Project cost" means all costs which are not eligible for
loan funds pursuant to this contract, or to state laws, rules,
regulations, or guidelines, ever, though incurred by the Agency,
including thcass? that are deemed Ly the Btate Board to be unreasonable
or unnecessary. 8uch costs include, but are not limited to:
(1) Facilities planning costs.
(2) Costs of applying for a loan, and
(3) Indirect costs of the Agency.
C. °[zmpleticm of ccmsAructicm" means either actual completion of
constrocticm of the Project and written acceptance of the Project by
the Agency, or terminatiom of this lcem contract for failure of the
Agency to fulfill or to comply with the terms, conditions, or
provisions of this loan contract or My apnlicable state or federal
law or regulation.
D. "Loan funds" means any and all ft-rids disbursed to the Agency under
this contract and all interest earned by tKe Agency upcm S10h funds.
E. "Dor-,struct1on Financing Plan" means err�nqen�n±s n�de bf tne A���z��
Page 1 of 12
Sltandard [zmditions (ccmt'd) City of Redlaods
to finance its portion of the Project cosst, including reeaer`/es for
cash flcw during the construction period.
F. ''Force Acccmnt" meams use of the Agency's cxn empIoyee�/ for design,
coristructioni or caristri-tc-tiort-reIateid cr, the Project.
G. "Drainage Water- Memagement Unit" means land and facilities fc-
treatment, storage or disposal of agriculturel drainage water which,
if, discharged umtreatssd, wouId pollute or threaten to pollute the
waters of the State.
H. ''RevenMe Progran" nxeans arrangeme:nts made by the Agency which will,
through user service charges and connection �eees or other appropriate
means approved by the State Board, recover appropriate capital ccsts
and costs of operaticm a-id maintsmance and fund reasmable future
exp@rIsion and improvegemts, as needed.
I~ ''Sutccmtract^' me-Ems a written agreement betwe�- i the Agency and
another party and any tier of agreement thers�-mder for the furnishing
of services, supplies, or equipment necessary to complete the Project
for which this loan was made, including contracts and subccmtracts
for perscmal and professional services, agree-frierits with consultemts
and purchase orders.
J. ''Subcontractor" means a party to wt-cm a subconrract is aw�rde�.
ARTI[1-E 2. AGENCY'S EaNB��- RE9:Y]NGIBILITY.
The Agency is solely respcmsible for design, cons-truction, operation A-nd
maintemance of the Project. Review or appro-val of pI;-;Lns, =-pecifications, bid
documei-its or other construction dcCLmC41ts by the State &:�ard is solely for the
purpose of proper administration of loan funds by the Bt-ate Board and shall
not be deemed to relieve or restrict the respcmsibility.
ARTI[1-E 3. AGaCY ASS-FAZES AND [%]MMITME]�FS.
Withc�-tt limiting Article 2 above, Agency agrtl�*at:
A.
The Agency shall at all times comply with, snd re�u�re ��s
subcontractors to comply with, all fEderal and stste la~xs,
rules and reQmlations, and all applicable loc,=�I ordinances,
specifically including, but not limited to" environmemt-.l,
procurement and :--;afety laws, rules, and ordinances.
Pa.ge 2 of 1.2
Standard Conditions (ccr't'd) City of Redlands
B.
Positive efforts shall be made by the Agency to utilize =mall
business and minority coned business sources of supplies, services
and work for tte Project. Ally subcontracts let by the Agency for
ProJect work shall require similar Positive efforts by the
subcontractor. Positive efforts should be such as to allow such
so-irces the maximum feasible opportunity to compete for all Project
work.
C. and Approy'al to tad,/ Y-tise.
(1) Site PsyMuces. Prior to the advertisement for bids for
constrocticm work, the Agency agrees to certify that the Agency
has an estate or interest in the site of the Project and rights
Of access sufficient to assure undisturbed use and possessiorl
of the site for the useful life of the Project.
(2)
. Prior to
advertisement for bids for construction work, the Agency agreeS
to submit for approval a Construction Financing Plan and
Revenue Program reasonably acceptable to the State Board
Project Manager.
D. Compl.iance With Plans .and Specifications_
The Agency agrees to submit plans and specifications to the State
Board for approval, and agrees that plans and specificaticmsupon
which bids are solicited for construction work on the Project shall
be substantially the same as the final plans and specifications
submitted to and approved by the State E-card.
E. (�20EOV21 to Ad'ygri-icz- and Notice of Intent to Award.
The Agency shall not advertise for constrLiction of the project
without prior written approval of the State E�oard Project Manager.
Promptly upon determination to award the construction contraDt or
suibcontracbs, the Agency shall notify the Project Manager of its
intent to zwward. Such notice shall be a=comcanied by a tabulation of
bids received, the most recent engineer's estimate of project cost
available, a copy of the lowest acceptable Did propcssal, a
description of any bid protest receivet together with a description
of how the protest was resolved, a cop, of any project changes or
addenda issued since appro�al to advertise was given, and any other
doCumentstion or explanation required bv the State Ward Prcoect
Manager for evaILuaticm of the project or for oetennination of Current
estimated eligible costs for the project. If the Agency Proposes to
sward to anyone other than the apparent l7w bidder, a full
explanation snall be provided.
Page 3 of 12
Standard Conditions (cont d) City of Red 1_nds
F. Notice of
The Ager4 tcy m,--y award Ci.cts trllt tii. n contracts c;t any time after
notification of intent to award. The Agency shall promptly notify
the State Board ProjcCt M,--tnader of award of co tstr nti.on contracts.
G. _Tristram cti n Activities.
(1) Archeological or Historical F.esC.u"r`c=s. Should a Lotc'•9"itic"tl
arct o-logicajl or historical resource be discovered during
construction, the Agency agree-. that all work. in t#- arca. of
the find shall Cease until a qualified archeologist has
evaluated tKe situation and made recommendations to the _tate
WaW Cultural Resources Officer, and the State Ecard Project
Marta+ger- has determined appropriate actions regarding
preservation of the resource. The Agency agrees tolmplement
appropriate actions as directed by the 'State Board Project
Max-lager.
(2) Supervision and Inspection. The Agency shall assure that
adequate supervision and inspection of Project construction
activities are maintained.
(.7) kJotification of Cc$Tpletiont of Construction. The Agency shall
immediately notify the State Board, in writing, of cot-tiiplet.ion
of cc-gnstr�-{t_tion.
H. Y4ratlot t.
The
Agency shall not abandon or dispose, of the Project f_cilitieS
prior to the end of the useful life of the facilities witf c t prior
written approval of the State Board.
HFT I CIAT 4. FREECT' WIESS.
The Agency shall ensure that the State Ecard, or a{t-. a utt-ctrizii d
representative, will have suitable access to the Project site at all
reasonable times during Project c....nstnuction a-id for the useful life o- tne,
Project and shall include Provisions assuring vin=h3 access in all subcontracts.
44. The Agency =.#`vil establish an official 'ile `t_rr _`,is '"`rDi=-u.t.
file shall contain t<-i adeu,---.tte of all r ti=. ns 'te+P`er with
resoec t to the Project.
Standard Conditions (cont'd) City of F. lands
F. The Agency shall establish separate ac__uf_,-ft ng records for deposit
and disbursefre4nt of all loan funds.
C. The Agent-v s,gall maintain books, recd#-d=, CJt,,1-UM�ntS and other
sufficient to reflect properly the amount, receipt and
disposition of all Praiject funds, including State Board loan ft nd4
and an--./ miatchingfunds of the Agency, and tine total cost of the
Project. The Agency shall require its sw0 o ftrscti sr s to maintain
books, records, and other evidence pertinent to the Sutcontr-actors'
word, in accordance with generally accepted accounting procedures.
All Agency and subcontractor records relevant to the Project shall be
prc-ter`--„ad until three years after Project completion or final audit,
whichever is later, and shall he subject at all reasonable tunes to
inspection, copying and audit by the Auditor C-a aeraal, the '_tate
Board, or any authorized representative.
D. If Force Account is used by the Agency for .ar-:7= phase of the Project,
the Agency shall notify the State Board prior to its use and shall
maintain records to reasonably document all employee he !r-s charg,ad to
the project and the associated tasks performed.
AFTF I CU E 6 . "Lt rT I PG PM H!IDl T REUJ I FE`°R4TS.
The Agency agrees that its audit and accounting procedures shall be in
accordance with generally accepted act ccvnting principles and practi-ns,
consistently applied, and will provide sufficient and effective accountability
and control of all. Project funds. Ths Agency further agrees to t`e following,
requirements:
A. F're-Pat y�t Certification.
Prior to request for disburserset, the ?gsvc� shall certify to the
State Board that its accounting su t.jTa is.
I 1) in accordance with generally ap=p`-s` acco-riting pri-7ciples and
practices, consistently applied;
k2) Capable of identifying all eligible and ineligible Project
costs; and
(0) Capable of identifying 0! interest; earned by the t=g zyS!OX. +n
F!.
in t 'ri#It r#Rdi L.n
T6-e, State
taLe rd reserves the a'1gtto
no!! ,fi' atn vt!€,d1t at
tetween the execution of this loan +ontr ost ann the compienion of
construction of the Project.
tcttidctrd d€ 1tleCt= 4.C�Yrt »j,t alty of t=- ---.rids
C. Final Pt dit.
i2ifter cTriple-icer, of �€ .tr Ls.'t? �r c)i t,. - F,t_oJect, te ice•-ter d fi—
ca11 for a finaI E;Ltd it a-eport prepar;�=d d,y. a.. C-e-rtitIed Rayl ic
".-c+t ritEcit S.0 dE-:,j--eq,dent Of the icc Y. �a! +r,F sucr, audit shall
Lem borne by tI i`4-3e r#y and the audit _a*(l l be J t such fcr i-1, as
required t r tFi�--- State E',Dard.
r Tim . RUU:' TS.
TFie Agency agrees t�» _: tbimit progress reports a req-iir ed ``. ;:he Stine Soardl
Project rl:.na�ger dLtring and after Project con tr-_:»=t_t ri. In addition
shalliaately advise the State Etoard F'rcje',_t riz,-:ger of trt;ty _ignifiCant
profiler-ts ari=-ing during the co t.rse of constr-v+vticn. Witl-r_+_tt 14 Ij titin-, of tf,�
fc»r�:.CJ »inn
19:X ithl`f Status
Tei Agency agrees to E?tbmit monthly progress report_. during
construction in a form acceptable to the State Board Project �,ariager.
�'tte reports shall indicate tt-ie stat,is of CCCiStr-%t, tion. cc-r Cent
coo plete, and estim,_rted date of cmpletic(-€. I;{ addition._ a Grief
-`i!"'3anCi.al report should be included i ndiC� _iig the status of t -
�
,Special Acccy-t'"it t i irtic le 11), and show l m'; thes beginning g and endir--.+=i
`ud !lza'i==, interest eIE-ttTrc�i, and dish ir=e!�'rts for P-oject e-;;peens-s.
Tl-?e purpose oof e- C+€ dista_traemertt rro-t t `e Ldentitied.
'. Final F'ro i c.:t &-o'apar y Rep »rt.
Tl€e Agert_y aqreess to s;_e.Grriit to tt-,e State E•lard F'rojec.t i ;-:4neger s copy
of a Final Project Stiiuiiar-y report within da-vs foll+oi,irua _ompleticri
of constructicy-i. TI-ie report s#-all Gri of l'•. descrite the finist-ted
Project.
C. inual report.
The Agency agr f`s' to t,t".(Tl t �S-rlrll-lalter`+�;- .-_� r pi t"+'` tY troe ater
E` rd Project Manager for a. perlod of f 1.'`w'm wars too lowing coxmp —1--i€F`i
Of oonstrLtction,. Tt"ie reports L.+rie"l'v' review the operation of
the Frc*yC t during t.t`ie preaceding ti ear, 2det-itif e_trr=r-it Lura and
i 1`er CICN-#traCts, indic-tts C-UrrE?nt plat! =-3d prcg,-au t= Or Lise Of c'rli1,
Frciect ca. c:.it-v not t,.?under co ttract,
el"-vj e-ie-"ice, and ptr r„_,-.Lde W cbf i.jt-msr Ir-!'_
reoLlured, to evaluate Project te p t® _ .-' '_€ of Pt-s+a ct `!Ec Itie=..
r=te r �+ c:�
`IFI = 0 ,4
.- SS.
Thr=! hdiericv 49r;-psi that no _J br;t antic} _ €rF"l � 1Ir _F � � ' t '� -;5"ct 6-.!!r
ac- permi- tted wit"Icut prior viritt€`-fi`i F'p.pro-tl o`+
Standard Conditions (cont'd) City of Redlands-
Mager. Thre Agency shall irir)--diately notify the State Enard Project Manager
of all changes in project work.
ARTICLE 9. W1744JLDING OF LW4 FUMS.
44. SUbjeCt to the provisions of Article 17 of this Exhibit, the State
Board may withhold all or any portion c-i' tines I -n funds
i i ca, pro=-ided f or
by this contract in the event tfiRt:
(1) Contract Violaty 2s. The Agency t-�as substantially violated a%!
of the terms, provisions, conditions or commitments of this
contract.
(2) Unsatisfactory P=Lj'ect Prtx3reass. On? Agency is unable to
demonstrate, to the satisfaction of the State Board Project
MiNna;per, the ability to complete the Project or to maintain
adequate progress txx4ar-d completion theweef.
S. In the event that loan funds are withheld from the Aga-icy, the State
Ward PF70jeeCt Manager shall notify the Agency of the reasons for
withholding the funds, advise? the Agency of the time within which the
Agency may remedy the failure or violation leading to the withholding
of funds.
PFTICEJ E 10. DISEURSEIvEW.
A. 'Cc,
After approval of this loan contract by the State Department of
Wwwol an-vices, and after eligible project expenses have o3een
incurred by the Agency, the State? Board will disburse loan funds to
the Ater-icy. DisburseTent may take pians as a 1Lnp sA-ur, advance
paymalt of all loan funds due under this =retract, a monthly advance
PayMeent basx;d on enfr-*::?cted rpa= for funds, a monthly reimbursement of
eligible project expenses, or in any other, manner deemed by the State
RaarTl Palietct r'lanag-er as being in the best interest of the State of
lifornia.
B. Disbursements from Spggial Account.
The? Aqmxicy may not disburse funds from the special account
established pUrSOMWIt to paraqrap;h A, �--tjcle 11, except wherf
necessary W Pay for eligible project zorts. It is the intent of Ohs
Agency and the State Board that thos Agenzy disnuvise fLinds Only whrr,
necessary for the comple;ticx
On Of the Prz-,'sct as sPecified in the-
Concept Appraval Letter (Exhibit A) .
Rage, 7 Of 12
Stcd"€"'.ard Coriditions (cont`d) mity of Redi.uto
4€FFT I a..5 11. ate'' L044 PF,9`1131 IJS„
The Agency agrees to the following requirements:
Regauir ypentom'=-
All Van funds hall be deposited into a special account entitled
"State Agricultural Drainage Water M-Z €may—geq relit Lcain Account" which
sic t
shall be estaabl i shed by the Agency and which, st-all be €aintai;€ed
separate and distinct from all other accounts of the Agency. To the
extent practicable, such account shall by an interest-bearing
ac ca.:Jaa..ant. All interest earned shall be, returned to the State Bard in
accordance with Paragraph C. The Agency shall kesp complete and
accurate records of all deposits into sttch account, all interest
accruing hereto, and all expenditures made from the account and the
PALWpose thereof. Such records shall be open to inspection by the
State Board or its agents at all reasonable ti.€ios. Loan f ids may be
disbursed from the account to reimburse the Agae acy for all inCL red
Prcaject costs which have dotes-€ approved by the State farad Project
D. Financial Report.
Within 0 days after completion pleti on of construction, the Agency shall
transmit to the State Board a written statement setting forth the
date of receipt and the aiT€ccu-It of all fundsuds dl.s_+_used by the State
Board pursuant to this contract, the date of deposit of all such
funds into the special account required ;�F, this t_a -,tract, and the
date and aaaiicxait of any interest accruing to Such account. Such
statement shall also set forth ti-ae date, aa:;�..x..r€t, and Purpose of
withdrawals from, the special account, the c-amcn=rat of aafTJ Me„pIPraded
funds remaining in the special accma;at, the estimated total cost oaf
the Project to the Agency, and the estimated total eligible Project
cost. The statement shall b acca dTtpiziu tied by s_t,h other.tier financial
information as may be rsasonaably requested by the State Board Fraoject
M.-u-,aager. Piny change in the information Supplied shall be promptly
reported to the State Board. The report shall include r_rtifi-aticon
by the Mency Prject Director that to his or her k owledgw5 the,
arTroiult of the loan funds received does mot ex.ceed tlt-€e State a.ggr-o'
eligible Pr ect cost.
C.
Et,,cess feat-, Funds.
State l a3aaa a f f t€`a W.t c. 3 r"f the Spec1 c.ii.o#U a t Sh-=a l 3 �'�e
considered to Ps excess principal distritutew under this contract.
'Such excess s interest and any !'u"te;.dei€sk i T=_€S'€�tr remaining in the
Special Acccunt shall be remitted to the Stitt Board within 60 ,
after the completion o! construction. 7r--E a,'TI LL_'It- Wil 1 ce L C)
reduce- the total Principal tolance=.
'
Standard Conditions (ccmt'd) City of Redlands
D.
Upon receipt of the financial report provided for in paragraph B
above, the State Board will calculate the principal amount of loan
funds due from the Agency. Such principal amount shall be the total
loan funds disbursaxd to the Agency pursuant to this contract, less
all remittances received by the State Board from the Agency p-trsuant
to this contract. The State Board will advise the Agency in writing
of the principal armxu�t, determined. The principal aoiount so
determined shall be subsequently adjusted to properly reflect actual
aMOLmts due to the State Board. Interest cr, unpaid principal shall
accrue and -AccUwulate beginning from the time of actual disbue�-se-it
of loan funds. The interest shall be compr-unded annually. Thme
interest rate used to calculate accrued interest shall be the Ioal-I
interest rate.
E. ,
The Agency shall pay to the State Board, on or before the cue dates,
appropriate installments of principal and interest pursuant to this
contract until all principal and interest due to the State Board have
been paid in full. Installments of principal and interest shall be
paid in accordance with the Lzovan Repayment Schedule attached hereto
and incorporated herein. The Loan Repayment Schedule shall, from
time to time, be revised as necessary to accurately reflect actual
�-r)unts due to the State Board. A revised Loan Fopsyment Schedule
will be prepared by the State Board and furnished to the Agency.
F. Taxes and Asssessments.
The Agency as at whole is obligated to make the payments require,-, by
this contract to the State Board, notwithstanding any individual
default by its constituents or others in the payment to the Agency of
taxes, assessments, tolls, or other charges levied by the Agency.
The Agency shall provide for the plunctLtal Payment to the State Board
of all amounts which bs=cmNv cbus under this comtract received frofn
constituents or others in the Payment to the Agency of taxes,
assessments, tolls, or other charges levied by the Am ;.y. In t�
event of failure, neglect or refusal of any officer of the Agency to
levy or cause to be levied any tax or assessment necessar\' to prcrvide
Payment by the Agency under this contract, to enforce or to collect
the tax or assessment, or to Pay over to the State Board any mcmey
collected an the tax or assessiment necessai�y to Satisfy any aWBUTI-ft
due under this contract, the State Board may take such action in a
court of competent jurisdiction as it deems necesesry to ccmxael tVfa
performance of all duties relating to the le�y1ng an� collectI.om of
the taxes or assessments and the pkyvment of tne nmnep collected
Page 9 of 12
... !" i L.' J
tic3€C1 t C c 3 1t�i (r e t_ +�1 1-i�.a..y ;
L
F t_ r�E�.c�v
the v"t'i'"C'sif to tI„ State B mrd. t'a',:4-! p:_+-'r=_tE-ntrereto _ not
deprive tf`re State 2rd of. or limit tr`c- c-�, any citrfer
r'E-im:'d r pavid by 1,-::(w or r w this ca-itss--m.
G. L-'Y:4l i igu grig-v of S_'; .`Y' 'l5„i t l.«•
The- 1.�I��C!1.i.Ff ff`�#+'+} of pri,rf.«,f r,«l+.:t.t. arid .�.f ._ ,j•� e�`.� _ � i�SG. �d pi=.t.�. 7 �-`G{}b.5.* �-€ t I«i�
dates sh v$t ccl t'� l"e �...1.i[ ri F::�.'+��yy';r`�ten t. ``:c�"ta`�r1#_�.l4. For ?'"i�...r^ al lme-n L i1�"al.tri`t'c^.
wi ii.�.rf are Uf-fp?id mit` v (70" aft;-nr Cdvte �rd pay=-!bj e'
late Crf-F ,E-- r'.xc4URl to 6 P"+:ex-it of 'thc- rep4tyf-ieritad'ue will be lsevied
and sh"al l i,e due :rtd payable immeidiatel v'.
€. Tris t_.�titr c'cL� maybe terminated, { t 3 C,;- `c; ar d _+` s i`r_tt�!_ti eAY
�:)._f _�f tfi�� (s) -for the Pr=J 3c .y 1`7thf_ S.:-_"-_e Cy._L_ !t c_tiig tr. -_r_.!.-;
its Project Manager, at its Option, whk---!r it L--ill
b IC-.Ck=. Of State fLT-idS available to f uifl 'l_ _ __ �+ tltr =. iii ,:`iLI
t ztt. after such termination, the tea=- e t—J tIEd to =-E
cuTy--A-rit-which eq—i-wt '`
1= -3-r el:r ��t"'
zdle ojer=t c_=ts ..`i1_f j were a =ct,- :.� =,
li'C t'r_r d :V --:_P"r-' P.:.f IK'' Prior to s- ict'i
._ . � L. t to -civ ` - -iC l_e :}
t.? fTil ,,a ted - .,r. t.+C, -=jm ,lt�t-ici s or- l-ir1n7- =,e _.oE f i-_ =.z a_:_..-
_r'«» 4..* , Fes' _!_.'-+,.'._..a ._+.f i _._. _ `_1.__ .,
State Enwa'"d €u.t€at.tCr :--f t+ rs f"=-
_ip✓`h=ions' 0-- .__r!d i,t i cr!
-c itr a=t, or .rZR?.byre thCreat.i,..tw'r_
Pi`e.
C. In tr-e even-nft ;f
7tT di=ttelj+ rt f u id to tl'rY "Ntate 'c-_.}ar",! . t_' _ _.± t;to r;1 t r_t={_y,.
_
�"t:; .:a 11
.' I+l i I?I v i' S.
'.CE-P,t aS' p _+ --'L -d in €:his :C4 � � z
_. P tiC`€ of _,Ct ar .=--li_ _ "�vrOY . . -_ !`= _<f this
4—rdt•,'!h'fich is rfmit of b'y t:� 14--
rd
Pro.�tom.a L. S'f�*�€,�•d"E�-_`r, v,r- + s i€R S.I r wa...lt_tc; €'®:.-S r}" i a`��'� �_._..__ ms', '�-.�, (�t}
„sr oto u.1.w._ Vit.tr't€.,.:;!f _ ...' +.:3 ari#_-m'� *_. s '..._3 -w:- - -� *•_ _'� '` s.
f®t.t --j-4 s.. .-....1 E„.f€i ji�..W. , 4f:.i-v.€}....+p _ _. _.- _ - _.gii:...: s_a_�`- dciy
th'M' sG` ff tr'T`fd .(rd=
S,t, : r...+.Ja-_ _1 =✓€1e„. e*...f ,_3_,c:+_._ rcic.ii® ..._ .� *��>'
cf ttpe tC: _ _4�r d � w x yi'_.?tie Ui-r t or a Or 'S
d-e. .,.i !ItS.t"S t...+.® + ......it...r'� ci...+- ,•�:iL”®;, _, 1 J to �
Standard Conditions (cont d) _-'sty of Redlands
cork l!?=ive unless reviewed toy a cc Art of competent nt j or indiction. in
connection with any n1ipeal under this clause, t4e +=gen.`y shall be aflo"dod �oi"r
opporA+r ity to 02 teard and to offer evidence in support of its appeal.
Fending final decision of a dispute h-eretnder, both parties shall r_orocrw: f
diligently with the performance of this contract arc in Ftcccordance i-ith tire-
written decision c of the State Baird Project�je '_nngs`.
Where the terms of this contract provide for action to be t aseed uncri tkoe
opiniont, judgtmEnt, approval, review, determination or decision of the State
Pc+ acrd or arty representative thereof, such terms one not intended to be aid
shall not be cb�-tstrusd as permitting such opinion, judgment, approval, review,
w,
determination or decision to be arbitrar'y', CaPriciC S Or !u treascria le.
ARTICLE 15. F-SIE 7IEES.
The Pgency agrees that arra remedy provided in this contract ntra=ct i s in addition to
and not in derogation of any other legal or equitable remedy available to the
State Board as a result of breach of this ccntra=t by, either party, whether
such breach occurs More or aftsr completion of the Pr=oject. in the event of
litigation between the parties hereto arising from this contract, =pahi party
will pay its own litigation expenses.
The parties hereto may, from time to time, waive any of its rights _-oder this
Contract unless such waiver is coorttrar"y to promsided ':hot any sigh sni.ger
shall be in writing and signed by the party y ma ing such waiver.
t°`A,TICLE 17. CONTINBENCIES.
The State Board's obligation to pay sL6Trs to the -"-#genc'w Li,-tder any p olision of
this contract is contingent UpCin the availability of Sufficient Ands to
permit the payments provided for herein. In the event thst suffiainot t_1-tds,
as determined by the State F;oard, do not become a`i'i`t i abl or any re_:.o , the
State Board shall not be obligated to ,mo e; a t-, tvcr the _��__ u r.:37'r"
this contract. This provision shall be construed as a corta tion p}",-Wede it vo
the obligation of the `Mate? EaRrd to ma{: artv `sir this
Nh-thing he-rein shall be construed to provide the '? c-,,` with .- right of
priority for peyment over c`tt`y `,th.. i" agenic;", `fir to C ci.?d the ens- with tne:-'
right to claim payment from t.W proceeds of nn.' r'",s" I lulor sale of taros an
series thp--reof.
Standard Conditions (cont'd) City of Redlanis
t2t T I C:;LE iS. PtAeC" ;tT.
This contract misty be amended at any tint=- b-J rr#-?'U-:(I wri Wt+`_r agreement o? the
parties.
riFL.1 I CI.E, i- . ASS I t -IYPdT CLA-GE.
This contract and all or the provisions hereof shall apply to and bird the
successors and assigns of the parties hereto. t,,b assignTeri-it or transfer of
this contract or any part thereof or interest therein shall be valid MASS
and i_t.+rtil approved it writing by the State P-mard and Cu ty such assignme tt or
transfer shall be grad' subject to such reasonable terms and conditionis as the
State Scard may impose.
^
'
City of Redlands
EXHIBIT C
LIJAN [%]NTRA[3- SPECIAL MZITIJIS
AF|TI[I-E 1. [%NCENT AMA]VAL LE3-FER CQNDITI[hKS.
Special conditions for this loan contract are contained in the Concept
Approval letter, Exhibit A of this loan contract, and shall be construed as
special conditions as though contained herein.
City of Redlands
EXHIBIT D
1`U,"uISCRIMI1'V i'Z)1 ti l
1. E ti-ing the- performance of this contract, the rec pient, contractor
and its subcontractors shall not deny the contract s benefits to an-y
persx= on the basis of religion, color, ethnic group identification-
sex, age, physical or Trental disability, nor- shall they discriminate
unlawfully against any employee or applicant ;`car- mplov,fp;or:t be.-Zu e
of race, religion, Color, national origin, ancestry, physical
handicap, mental disability, medical condition, marital states, age
or ser;. Contractor- _#sell insure that the evaluation and treatment of
emiployc- s and applicants for employment are free of such
h
discrimination.
2. Contractor shall comply with the provisions of the Fair- Emploonent
arid Housing Act (Government Code, Section 127:x-) et seq.). the
regulations promulgated the-rs�-nder (California Administrative Cc-de,
Title 2, Section 7285.0 et seq. ) the provisions �if Article 9.5,
Chapter 1, Part 1, Division ?, Title 2 of the Government Code
(Government Code, Sections 111.�A11135.5) and the regulations or-
standards adopted by the. awarding `;tats agency to implepent such
article.
. Recipient, contractor and its subcontractors shall give written
notice of their obligations under this clause to labor organizations
with which they have a collective bargainii rg or other agreemeKit.
4. The contractor shall include the nondiscrimination and compliance
provisions of this clause in all subccrttrazts tcs ; r l:orjm worrl:: u.,der
th*B contract.
Page I of 1.
EXHIBIT E
RESOLUTION NO. 4504
A RESOLUTION OF THE CITY OF REDLANDS, AUTHORIZING
ACCEPTANCE AND EXECUTION OF A GRANT AGREEMENT WITH
THE STATE OF CALIFORNIA DEPARTMENT OF HEALTH
SERVICES FOR THE DESIGN OF GRANULAR ACTIVATED CARBON
TREATMENT FACILITIES FOR REMOVING TCE AND DBCP AT
WELL 31A
WHEREAS, the City of Redlands recognizes that
portions of the Bunker Hill Ground Water Basin has been con-
taminated with organic chemicals including TCE and DBCP, and
WHEREAS, the City of Redlands has lost nine
domestic water wells due to TCE and DBCP contamination and
will lose another three wells due to the lowering of the DBCP
standard by the State Department of Health Services, and
WHEREAS, the Regional Water Quality Control Board
has determined that the TCE plume is moving westerly toward
other domestic water supply wells of the City and constitutes
a major threat to the aquifer and the water supply to other
downstream Cities including Loma Linda and Riverside, and
WHEREAS, the State of California Department of
Health Services has made a determination of Imminent and
Substantial Endangerment in accordance with the Health and
Safety Code and,
WHEREAS, the State of California Department of
Health Services has funds available from the Department of
Health Services Hazardous Substance Clean-up Fund for the
clean-up of volatile organic contaminants and had identified
this project for funding and,
WHEREAS, the City of Redlands has performed
engineering studies to determine that a granular activated
carbon treatment system for Well 31A is the most cost-
effective, environmentally safe and reliable ground water
treatment system for the removal of both TCE and DBCP,
-1-
NOW, THEREFORE BE IT RESOLVED that the City Council
of the City of Redlands does hereby accept a grant from the
State of California Department of Health Services Hazardous
Substance Clean-Up Fund, Contract 88-T0320 in the amount of
$101,399 for the design of granular activated carbon
treatment facilities for removing TCE and DBCP from the
ground water at Well 31A, which represents 70 per cent of the
cost of the design services for the facility, and authorizes
the Utilities Director to execute said Agreement with the
Department of Health Services and any amendments, thereto.
1989 . ADOPTED, SIGNED AND APPROVED the 18th Day of April,
SIGNED:
Mayor, City of Redlands
ATTEST:
CE icy- �'C' r�i
City of RedlandsCalifornia
I Lorrie Poyzer, City Clerk of the City of Redlands, hereby
certify that the foregoing Resolution was adopted by the City
Council at a regular meeting thereof held on the 18th day of
April, 1989 by the following vote:
Ayes: Councir Wormser, DeMirjyn, Cunningham, Larson; Mayor Beswick
Noes: None
ABSENT: None
City C e rk -------