8E Consent 2010 1220 - Laserfiche WebLink

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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 -I, C -2, C -3, and C -4 is San Leandro. "Project" as used in Exhibits C, C -1, 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, C -2, 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 substantial accordance with Exhibit A. 2.3 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 Project. 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