HomeMy WebLinkAboutC-7127-2 - Grant Agreement P01-2-08 (for Newport Bay Water Wheel), Amendment No. 1DocuSign Envelope ID: F75F250D-BF41-4643-8C4F-FB6585F75E32
State of California Natural Resources Agency
California Ocean Protection Council
California Ocean Protection Trust Fund of 2006
AMENDMENT #1 TO GRANT AGREEMENT NO. P01-2-08
GRANTEE NAME: City of Newport Beach
PROJECT TITLE: Newport Bay Water Wheel Project
This amendment is hereby made and agreed upon by the State of California, ("State") acting through the Natural
Resources Agency, on behalf of the Ocean Protection Council, and by the City of Newport Beach with respect to
the above -identified project. The State and Grantee, in mutual consideration of the promises made herein and in
the agreement, of which this is an amendment, agree to the following:
This amendment changes the project completion date from March 30, 2022, to March 30, 2024, an extension of 24
months.
The project amount remains $1,680,000.00.
In all other respects, the agreement and the terms and conditions if relevant thereto, shall remain in full force and
effect. In witness whereof, the parties hereto have executed this amendment as of the date entered below.
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
THE NATURAL RESOURCES AGENCY
By IC41Mt, I."By W►iluAK -,!&U
Grace Leun Mark Gold
Title City Manager Title Deputy Secretary for Ocean and Coastal Policy
Date 8/10/2022
Date 8/10/2022
CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATE
AGREEMENT NUMBER
FUND
FUNDING
$1,680,000
PO1-2-08
6083 - Water Quallty, Supply, and
Infrastructure Improvement Local Assistance
Prop 1
ADJ. INCREASING
ENCUMBRANCE
ADJ. DECREASING
FUNCTION
ENCUMBRANCE
$
Local Assistance
UNENCUMBERED
Ref Number
Fund
Enactment
Account
Alt Account
BALANCE
Year (ENY)
Number
$
101
608300003
2017
5432000
543200000
Program
PCBU
Project
Activity
RPTG
SVC Loc
Agency
Budget Period
Structure
Use
0320
0540
0540P01208
23104
05400001
23104
B6122
2018
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance
8/16/2022
SIG AN TURE OF ACCOUNTING OFFICER DATE
DocuSign Envelope ID: F75F250D-BF41-4643-8C4F-FB6585F75E32
Grant # P01-2-08
City of Newport Beach
Newport Bay Water Wheel Project
WORKPLAN (2019-2024 2024)
PROJECT DESCRIPTION: The Newport Bay Water Wheel is a regional trash collection
system (infrastructure and equipment) to be constructed and installed near the outlet of San
Diego Creek (SDC) - inside the creek itself and on a landing area adjacent to the creek. The
Water Wheel will remove floatable trash and debris from a 120 square mile tributary area
before it enters Upper Newport Bay, and ultimately the Pacific Ocean.
The Water Wheel consists of a floating platform with a 14-foot steel water wheel that is
powered by the current of the creek. The floating trash wheel is secured in place by guide piles
designed to withstand storm flows and changes in water surface elevations. The water wheel
powers the spring -loaded leaf rakes and conveyor system that pulls floating litter and debris
from the creek and deposits the captured material into a roll -off container. The City of Newport
Beach along with our upstream project partners will be responsible for 20 years of operation
and project maintenance.
The Water Wheel project addresses two Ocean Protection Council (OPC) Proposition 1 Grant
Guidelines priority issue areas: (1) Marine Managed Areas and (2) Coastal and Ocean Water
Quality. The Water Wheel is a priority water quality improvement project for Newport Bay.
Every year, large volumes of trash and debris (hundreds of cubic yards) enter Newport Bay
from the Santa Ana -Delhi Channel (SAD) and San Diego Creek (SDC), subsequently the trash
fouls the inter -tidal areas around Upper Newport Bay, and deposits on beaches at the Newport
Dunes and around the harbor. This project will remove trash and debris directly benefitting and
protecting a Marine Protected Area (MPA) in the Upper Newport Bay State Marine
Conservation Area (SMCA), as well as Areas of Special Biological Significance just down
coast of the Newport Harbor jetty. This project prevents land -based litter and associated
contaminants from reaching the ocean and becoming marine debris. By removing trash from
the Newport Bay, pollution will be reduced from State waters which will in turn contribute to
healthier marine and estuarine ecosystems. The removal of trash will also restore the habitat
throughout the region by greatly reducing the impact debris has upon the species in and
around the bay. The Water Wheel will not hinder safe passage of fish between Upper Bay and
San Diego Creek and presents no hazard for birds or other wildlife.
PROJECT LOCATION: The project is in Orange County, in and along San Diego Creek 800'
upstream of Upper Newport Bay, between Jamboree Road and State Route 73. Latitude is
33.651283000 N and longitude is-117.864558000 W. See map on page 7 of this workplan.
PROJECT PARTNERS: The project is a collaboration between the following partners:
The City of Newport Beach: This is the grantee and will hold all contracts and be responsible
for project management, grant invoicing and reporting. The City of Newport Beach will provide
fiscal and contractual administration for the project, as well as monitoring and outreach
expertise.
Orange County Flood Control District: The County of Orange is the landowner and will provide
the project with the necessary permits and regulatory approvals.
DocuSign Envelope ID: F75F250D-BF41-4643-8C4F-FB6585F75E32
Grant # P01-2-08
City of Newport Beach
Help Your Harbor: Help Your Harbor is a non-profit (501 c3) organization working to improve
the health of California's bays, harbors and marinas. Help Your Harbor will assist the grantee
with public education and media information for the project.
PROJECT CONTACTS
Grantee John Kappeler, Senior Engineer, City of Newport Beach
949-644-3218; jkappeler(a�newportbeachca.gov
Funder Marina Cazorla Kaitlyn Kalua, Program Manager, California Ocean
Protection Council
916-653-0 707-483-2868; mar:^ cazor a
Kaitlyn.Kai ua(aD-resources.ca.gov
Landowner Penny Lew, Orange County Flood Control District
714-647-3990; Penn Lew(a)-ocpw.ocgov.com
Help Your Harbor Billy Dutton, 602-677-2700, bdutton(&-music.com
PROJECT TASKS AND DELIVERABLES
Task 1: Project Management OPC: $0 "",ma2019 DeG22
July 2019 — March 2024
Task 1a: Grant Administration. Conduct all levels of grant agreement administration and
project management including: grant agreement execution; maintenance of project files;
submission of semi-annual and final reports and invoices to OPC. Grantee understands that
OPC reimbursement only applies to approved work performed after the grant agreement is
executed and during the "performance period" as defined by the grant agreement.
Staff will track task progress, manage the project's schedule, communicate with OPC on a
timely basis, implement contracts and track budgets. Costs include staff time to complete
project management tasks, maintain project accounting records and budget management,
submit reports and invoices and process payments to contractors. This project involves the
use of consultants and contactors, including at least two different Request for Proposal (RFP)
processes to complete both the engineering design and construction.
DELIVERABLES: 1 a.1: Semi-annual progress reports
1 a.2: Semi-annual invoices
1 a.3: Project draft final report
1 a.4: Final report
1 a.5: Project close-out and final invoice
Task 1 b: Project Coordination. The Grantee will conduct planning meetings with Orange
County Flood Control, Regulatory Agencies (as needed), the Orange County Conservation
Corps and NGOs (Orange Coastkeeper, Newport Bay Conservancy and Help Your Harbor) to
develop and adhere to an implementation timeline during the course of the project. This task
2
DocuSign Envelope ID: F75F250D-BF41-4643-8C4F-FB6585F75E32
Grant # P01-2-08
City of Newport Beach
includes field work required to understand preferred options for the site, and will include
regular coordination meetings.
DELIVERABLES: 1 b.1: Coordination meeting schedule
1 b.2: On -site (field) meetings
Task 2: Project Documentation OPC: $0 ""ate (19 DeG 2020
Mar 2020 — Dec 2022
Task 2a: Design Consultant. Prepare a Request for Proposal (RFP) for engineering firms to
complete final site plans, and obtain regulatory approvals. This task includes engineering firm
selection and contracting.
DELIVERABLES: 2a.1: Copy of Request for Proposal
2a.2: Award Consultant Contract and issue the Notice to Proceed (NTP)
Task 2b: Construction Contractor. Prepare a Request for Proposal (RFP) for construction
firms to build the project. This task includes construction firm selection and contracting.
DELIVERABLES: 2b.1: Copy of Request for Proposal
2b.2: Award Construction Contract and issue the Notice to Proceed
Task 3: Engineering & Regulatory Approval OPC: $300,000 1ly2019— DeG220
June 2020 — Feb 2023
Task 3a: Field Survey. Perform site topographic surveys as needed to accurately represent
field conditions and provide horizontal and vertical controls for the project
DELIVERABLES: 3a.1: Field Survey Report
Task 3b: Geotechnical Assessments. Prepare report for geotechnical tests, including soil
borings.
DELIVERABLES: 3b.1: Geotechnical Assessment Report
Task 3c: Project Permitting. Pursuant to local and State regulations, identify and obtain
required permits. Required permits include (but may not be limited to the following):
a) US Army Corps of Engineers (USACE) Section 404 of Clean Water Act and Section 106
(Cultural)
b) Regional Water Quality Control Board (Santa Ana Region)
c) California Department of Fish and Wildlife (CDFW)
d) US Fish and Wildlife Service (USFWS)
e) California Coastal Commission Development Permit
f) County of Orange Encroachment Permit; and
g) City of Newport Beach Permits
DELIVERABLES: 3c.1: Completed Permits
Task 3d: 60% Design Review. Prepare and review the 60% design plans and specifications.
DELIVERABLES: 3d.1: 60% complete design plans and specifications
Task 3e: 100% Design Review. Prepare and review 100% design plans and specifications.
DELIVERABLES: 3e.1: 100% complete design plans and specifications
DocuSign Envelope ID: F75F250D-BF41-4643-8C4F-FB6585F75E32
Task 4: Construction and Implementation
Grant # P01-2-08
City of Newport Beach
OPC: $1,365,000 DeG22O —BcG2024-
Jan 2023 — March 2024
Task 4a: Construction. Construct project in accordance with approved design plans and
specifications.
• Grading and Access Road a newly paved access road, including an access pad for
pickup and drop-off of the roll -off trash containers.
• Shore -side unloading facilities installation of the rail, stairwell and gangway.
• Trash Wheel Components installation of the floating platform and water wheel, including
the floating booms, guide piles, trash barge with roll -off container and solar panels (if
feasible).
DELIVERABLES: 4a.1: Complete project in accordance with approved plans, specifications
4a.2: Submit a set of final as -built drawings to OPC
Task 4b: Inspection. Final site inspection by City of Newport Beach Public Works Department.
DELIVERABLES: 4b.1: Final inspection report
Task 5: Operations and Maintenance Plan OPC: $5,000 Oct 2020 —Dec 220
June 2023 — Aug 2023
Task 5a: Prepare an Operations and Maintenance (O&M) Plan.
DELIVERABLES: 5a.1: Operations and Maintenance (O&M) Plan
Task 6: Outreach and Signage OPC: $10,000 jU;e 281—Sept 2021
JuIV 2019 — March 2024
Task 6a: Design of Proposition 1 and Partner Acknowledgement Sign and Interpretive Panel.
Project partners will coordinate to develop an interpretive panel that provides public outreach
content pertaining to the project. The final sign and its location in a site easily viewable by the
public must be approved by the Ocean Protection Council project manager.
DELIVERABLES: 6a.1: Interpretive panel
Task 6b: Installation of Signage. Interpretive panel will be fabricated and installed
DELIVERABLES: 6b.1: Completed and installed interpretive panels
Task 6c: Media. Project partners will collaborate to provide the public with regular project
updates through press releases and online media.
DELIVERABLES: 6c.1: Press release(s) and media posts
4
DocuSign Envelope ID: F75F250D-BF41-4643-8C4F-FB6585F75E32
Grant # P01-2-08
City of Newport Beach
TIMELINE / CALENDAR OF TASKS
Water Wheel Gantt Chart v3n vlcv
Water Wheel Gantt Chart v.5.0
Chart Below is replaced in its entirety. Full excel sheet in amendment folder.
�rvjec[ M14anager: John ICa ter
TASK DESCRIPTION
LEAD
PLAN PLAN
START END TYPE
J F M A M J J A S O N D J F M A M J J A S G N DI F M A M J J A S O N D J F M A M J J A S G N D J F M A M J 1 A S O N DI F M.
Kapp- lI—f Burckle
1
Task 1: Project Management
051012019 03/31/2024 R
Task 1 a: Grant Administration
cnr
051012019 03/31/2024 B
Task 1 b: Project Coordination
cnr
051012019 03/31/2024 B
Task 2 Project Documentation
031012020 12R112D22 R
Tas1,2a: Design C— Aant
cnr
331012020 06/012022 B
Task2b: Construction Contractor
cnr
131912,322 12r012022 P
-
Task 3: En g ineering and Re gulatory Approval
06101202002@12023 R
Task 3aFied Survey
CON—ANr
TYU112020 091302020 B
,
T k 3b' GeOtechn lcel Assrasmi
CON —TAW
1,11912,120 12/15/2920 P
-
Task 3c: Prajek Permiding
—CONsurTANr
061012020 12/012022 G
Task 3d: 60% Design Review
—CONsurTANr
021012021 03/012021 Y
Task 3e: 100% Design Review
C—CONS—AW
1 31912021 071012022 0
Task 4: Canstructwn antl Implementation
Task 4a: Cnnstruct'on
Task 4b: Inspection
Task 5: Operation a an d Mai ntenan ce
Task 5a: Prepare D& A Plan
01MIrA 3 03/31/2024 R
COWR—OR 9119IM23 03/31/2024 B
cnr 011012023 03/31/2024 P
061012023 03@12023 R
cnr CON—AW 061012023 0&0112023 B
Task tr Outreach and 5ignage (1101201903131/2024 R
Task 6a: Design of Sign a ge CONS—AW 33f012023 10512923 B -
Task 6b:InsteliatlanafSlgnage —YI MINSUI— 031012024 iO3/3112024 B
Task6C: Media cnr 061012019 03/31/2024 B
5
DocuSign Envelope ID: F75F250D-BF41-4643-8C4F-FB6585F75E32
Grant # P01-2-08
City of Newport Beach
BUDGET Project Budget.xlsx
Project Name: Newport Bay Water Wheel
Grantee Name: City of Newport Beach
REVISED*
SUB MATCH FROM
TASK TASK TITLE SUBTASX TiTLt OPC GRANT TOTAL BUDGET
TASK GRANTEE
1
Project Management
1a
Grant Administration
$0
$5,DD4
$5,000
lb
Project Coordination
$0
$3,DD0
$3,000
$8,000
2
Droject Documentatior
22
Design Consultant
$D
$2,DD4
$2,DDD
2b
Construction Contractor
$0
$2,0D0
$2,000
$4,ODD
3
Engineering &
Regulatory Approvals
3a
Field Survey
$20,000
$0
$20,000
31D
Geotechnical
Assessments
$20,000
$0
$20,000
3c
Project Permitting
$75,000
$0
$75,000
3d
60% Design Review
$155,000
$26,000
$193,000
3e
100% Design Review
$20,000
$D
$2o,000
328 ODD
4
Construction &
Implementation
4a
Construction
$1,355,000
$0
$1,365,00D
4b
Inspection
$0
$2,0()o
$2,000
i 3fi7 000
5
Operations &
Maintenance Plan
52
O&MDIan
$5,000
$0
$5,000
151-0-0-0
6
Outreach & Signage
5a
Design of Signage
$7,000
$0
$7,0D0
6b
Installation of Signage
$3,000
$0
$3,000
6c
Media
$0
$2,0D0
$2,000
$72,Q4Q
Total
$1,680,000
$44,000
1,724,000
*Grantee moved matching funds between tasks, but did not make any changes to OPC
funds. A total of $28,000 of matching funds were moved to task 3d; this is 1.6% of the
total project funds. These matching funds were pulled from tasks 1a ($15,000), 1b
($2,000), 4b ($8,000), and 6c ($3,000).
Budget Details
• The City of Newport Beach (grantee) is not requesting any overhead or indirect costs.
• Documentation for in -kind grantee match: City staff will send the grant manager the billing
rates for all employees working on the project and grantee will keep an excel spreadsheet
tracking the hours worked towards the project/match.
• Direct costs mark-ups - The City allows for consultant mark-ups (up to 15%), and
construction contractor mark-ups (per Greenbook standards). All approved and paid
invoices will be forwarded to OPC on a semi-annual basis for reimbursement.
• Progress Reports and Invoices will be submitted on a semi-annual basis (two times a
year).
0
DocuSign Envelope ID: F75F250D-BF41-4643-8C4F-FB6585F75E32
Grant # P01-2-08
City of Newport Beach
• We understand budget can be reallocated with the tasks and tasks re -budgeted up to 10%
of the grant total without doing a formal amendment.
PROJECT LOCATION MAP
7
v
0
State of California
The Natural Resources Agency - GRANT AGREEMENT
GRANTEE NAME: City of Newport Beach
PROJECT TITLE: Newport Bay Water Wheel Project
AUTHORITY: The Water Quality, Supply, and Infrastructure Improvement Fund Bond Act of 2014:
Proposition 1
PROGRAM: Ocean Protection Council APPROVED AS TO FORM:
AGREEMENT NUMBER: P01-2-08
CITY ATTORNEY'S OFFICE
Date;
PROJECT COMPLETION DATE IS: March 30, 2022
Fy
PROJECT TERMINATION DATE IS: June 30, 2022
Under the terms and conditions of this agreement, the applicant agrees to complete the project as descnbfd
any subsequent amendments, and the State of California, acting through the Natural Resources Agency purs Qty A#oM09re
project up to the total state grant amount indicated.
PROJECT DESCRIPTION: See project description on Page 1 and Exhibit A of the Agreement
Total State Grant not to exceed $1,680,000 (or project costs, whichever is less)
The Special and General Provisions attached are made a part of and incorporated into the Agreement.
City of Newport Beach STATE OF CALIFORNIA
THE NATURAL RESOURCES AGENCY
By By
Grase-Leuu4 C64 20 t- SA -t. P6S Deborah Halberstadt
Title fi *Uaaager r'r—� ✓tq (a.111 1" C, !,t e r Title Deputy Secretary for Ocean and Coastal Policy
Date JU,nt� '71 2Q(q Date
CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATE
FUNDING
AGREEMENT NUMBER
FUND
$1,680,000
P01-2-08
6083 - Water Quality, Supply, and Infrastructure
Improvement Local Assistance (Prop 1)
ADJ. INCREASING
ENCUMBRANCE
ADJ. DECREASING
ENCUMBRANCE
FUNCTION
$
Local Assistance
UNENCUMBERED BALANCE
Ref Number
Fund
Enactment
Year EN
Account
Number
Alt Account
$
101
6083
2017
5432000
000000000
Program
PCBU
Project
Activity
RPTG
Structure
SVC Loc
Agency Use
Budget Period
0320
0540
0540OP01208
23104
05400001
23104
B6122
2018
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance
SIGNATURE OF ACCOUNTING OFFICER
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SIGNATURE OF ACCOUNTING OFFICER pA_
OPC Grant Agreement No. P01-2-08
GRANT AGREEMENT
State of California - The Natural Resources Agency/Ocean Protection Council
Grantee Name: City of Newport Beach
Project Title: Newport Bay Water Wheel Project
Agreement Number: P01-2-08
Authority: Proposition 1, The Water Quality, Supply, and Infrastructure Improvement Act
of 2014, California Water Code, Division 26.7, implementing Public Resources
Code sections 35500 of seq. and 35650.
Program: California Ocean Protection Council
PROJECT DESCRIPTION
Scope of Work
Project Schedule and Project Budget ("Work Program") are described in Exhibit A and attached to this Grant
Agreement and incorporated by reference. Grantee will fully perform all work necessary to complete the
Project as identified in the Work Program. A Work Plan describing the project at a more detailed scale may
be developed by the Grantee and Project Manager as necessary to ensure proper completion of grant
deliverables.
Project Budget Details
The Grantee is permitted to adjust any of the ranges in the Project Budget, other than administrative and
indirect costs, upwards or downwards for a total of 10% of the amount of the Grant, so long as the sum of
the whole Project Budget does not exceed the approved amount of funding for the Work Program. Grantee
will provide notice of any such adjustment to the State explaining how it plans to account for and manage
the adjustment. However, if Grantee seeks to adjust the allocations within the Budget ranges upwards or
downwards more than 10%, create or amend the ranges, or to delete ranges entirely, a request must be
submitted in writing to the Project Manager. The Project Manager, along with the Project Manager's
supervisor, will consider whether to approve the Grantee's request for new allocations and ranges. Upon
approval of such a request by the Council staff, the new Budget ranges and allocations will become self-
executing and will automatically be part of the Agreement and binding on Grantee, and incorporated into the
Project Budget in Exhibit A.
TERMS AND CONDITIONS OF GRANT
Special Provisions
1. Recipients of Grant Funds shall post signs acknowledging the source of the Funds pursuant to the Grant
Guidelines, Application and requirements described in Appendix C. Size, location and number of signs
shall be determined by the State. Required signage must be in place before Grant Funds for construction
will be released.
2. The California Natural Resources Agency and California Ocean Protection Council (OPC or State) shall
have the right to republish any material generated by this grant.
OPC Grant Agreement No. P01-2-08
3. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for
review and approval a revised detailed Project Budget, Project Scope and detailed site plan. If Project
includes habitat Restoration or landscaping, Grantee shall provide a planting palette demonstrating how
native, low-water, drought -resistant vegetation will be used in the Project. Approval by the State of such
plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and
quality of work and shall not relieve Grantee of the obligation to construct and maintain the facilities, or
carry out any other obligations required by this Agreement, in accordance with applicable law or any other
standards ordinarily applied to such work or activity.
4. The Grantee may be required to record Deed Restrictions, incorporating by reference this Grant Agreement
and giving public notice that the Grantee received Funds under this Agreement in order to assist Grantee
in developing the real property and that, in consideration for the receipt of the Grant Funds, the Grantee
has agreed to the terms of this Agreement.
General Provisions
A. Definitions
1. The term "Act" means Proposition 1: The Water Quality, Supply, and Infrastructure Improvement Act of
2014.
2. The term "Acquisition" means obtaining a fee interest or any other interest, including Easement, leases,
and Development rights.
3. The term "Agreement" means this Grant Agreement.
4. The term "Application" means the individual application form, its required attachments for grants
pursuant to the enabling legislation and/or program and any applicable materials supplied by Applicant
to the Ocean Protection Council or Natural Resources Agency prior to award.
5. The term "Application Guidelines" means the Ocean Protection Council's Proposition 1 Grant Guidelines
and Application.
6. The term "Authorization" means the Ocean Protection Council adopted resolution included in the staff
recommendation attached as Exhibit B. This agreement is executed under that authorization.
7. The term "Development" means improvement, rehabilitation, Restoration, Enhancement, preservation,
protection and interpretation or other similar activities.
8. The term "Executive Director" means the Executive Director of the Ocean Protection Council, who is
also the Deputy Secretary for Ocean and Coastal Policy.
9. The term "Fair Market Value" means the value placed upon the property as supported by an appraisal
that has been reviewed and approved by the California Department of General Services (DGS).
10. The term "Grant" or "Grant Funds" means the money provided by the State to the Grantee in this
Agreement.
11. The term "Grant Agreement" means a contractual arrangement between the State and Grantee
specifying the payment of Funds by the State for the performance of specific Project objectives within a
specific Project Performance Period by the Grantee.
2
OPC Grant Agreement No. P01-2-08
12. The term "Grantee" means an Applicant who has a signed agreement for Grant Funds.
13. The term "Interpretation" means visitor -serving amenities that communicate the significance and value
of natural, historical and cultural resources in a manner that increases the understanding and
enjoyment of these resources, or other similar activities.
14. The term "Nonprofit Organization" means any nonprofit corporation qualified to do business in
California, and qualified under section 501(c)(3) of the Internal Revenue Code.
15. The term "Other Sources of Funds" means cash or In -Kind contributions that are required or used to
complete the Project beyond the Grant Funds provided by this Agreement.
16. The term "Project" means the activity described in the Work Program to be accomplished with Grant
Funds.
17. The term "Project Budget" means the State approved cost estimate included as Exhibit A to this
Agreement.
18. The term "Project Manager" means the representative of the State given authorization by the Ocean
Protection Council Executive Director to administer and provide oversight of the Grant.
19. The term "Public Agency" means any State of California department or agency, a county, city, or public
district or public agency formed under California law.
20. The term "Request for Disbursement" means the form that will be submitted requesting payment.
21. The term "State" means the Secretary for Natural Resources or his/her representatives, or other
political subdivision of the State.
22. The term "Work Plan" means the description of the tasks and related work to be accomplished by the
Project
23. The term "Work Program" means the State -approved Work Plan, Project Schedule, and Project Budget,
as described in Exhibit A.
B. Project Execution
1. Subject to the availability of Funds in the Act, the State hereby grants to the Grantee a sum of money
(Grant Funds) not to exceed the amount stated on the signature page in consideration of and on
condition that the sum be expended in carrying out the purposes as set forth in the description of
Project in this Agreement and its attachments and under the Terms and Conditions set forth in this
Agreement.
2. Grantee shall furnish any and all additional Funds that may be necessary to complete the Project.
3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the
signature page, unless an extension has been formally granted by the State and under the Terms and
Conditions of this Agreement. Extensions may be requested in advance and will be considered by State,
at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event
beyond June 30, 2022.
3
OPC Grant Agreement No. P01-2-08
4. To the extent it is relevant, Grantee shall at all times ensure that Project complies with the California
Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section
21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws,
including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed
before the close of the period for legal challenge under CEQA.
Grant Funds for Planning and document preparation may be available sooner if included in the grant
Project Scope (Exhibit A) and approved by the State.
Changes to the scope resulting from CEQA compliance are permitted provided the State determines
that the Project continues to meet all objectives of the Grant Program and is consistent with the
intent cited in the original Application.
If a Grantee's Project is disapproved on grounds related to the Natural Resource Agency's CEQA
determination, the Grantee shall have the option of either: (1) reimbursing the Natural Resources
Agency for all State -reimbursed preliminary costs (e.g., Planning, design, etc.), or (2) relinquishing
any Planning/design documents, including all copies, reproductions, and variations resulting from
said Funding, without a license to use or otherwise retain in any form.
5. Projects must comply with Labor Code Section 1771.8 regarding the payment of prevailing wages and
the labor compliance program as outlined in the Labor Code Section 1771.5 (b).
6. Grantee certifies that the Project does and will continue to comply with all current laws and
regulations which apply to the Project, including, but not limited to, legal requirements for
construction contracts, building codes, environmental laws, health and safety codes, and disabled
access laws. Grantee certifies that, prior to commencement of construction; all applicable permits
and licenses (e.g., state contractor's license) will have been obtained.
7. Additionally, the Grantee shall assure that any entity with whom it contracts or engages in work
complies with all current laws and regulations as described in section B(4)(6).
8. Grantee shall provide access to the State upon 24 hours -notice to determine if Project work is in
accordance with the approved Project Scope, including a final inspection upon Project completion.
9. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior
approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in
Project Scope must continue to meet the need cited in the original application or they will not be
approved. Any modification or alteration in the Project as set forth in the Application on file with the
State must be submitted to the State for approval. Any modification or alteration in the Project must
also comply with all current laws and regulations, including but not limited to CEQA.
10. Grantee shall provide status reports of the work at the request of the State, and no less frequently than
every quarter.
11. Grantee shall provide for public access and/or educational features where feasible.
12. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to Project lands and demonstrate to
the satisfaction of the State that the proposed Project will provide public benefits that are
commensurate with the type and duration of the interest in land. Any Acquisition of Project lands by
Grantee following award shall not involve eminent domain proceedings or threat of eminent domain
proceedings.
4
OPC Grant Agreement No. P01-2-08
13. Grantee shall promptly provide photographs of the site during and after implementation of Project at
the request of the State.
C. Project Costs
1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a
reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the
signature page of this Agreement:
a. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final
payment upon completion of the Project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project
cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project
costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a
site inspection by the State.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Request for Disbursement Form. This
form must be accompanied by an itemized list of all expenditures that clearly documents the check
numbers, dates, recipients, line -item description as described in the Project Budget approved by the
State and amounts. Each payment request must also include proof of payment such as receipts,
paid invoices, canceled checks or other forms of documentation demonstrating payment has been
made. Additionally, the Grantee is required to submit a supporting progress report summarizing the
work that was completed during the invoice period and the current status of the work for which
disbursement is sought, including work by any subgrantee, and comparing it to the status required
by the Work Program.
b. Any payment request that is submitted without the required itemization and documentation will not
be authorized. If the payment request package is incomplete, inadequate or inaccurate, the State
will inform the Grantee and hold the payment request until all required information is received or
corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because
of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.
c. Notwithstanding the foregoing, the Executive Director may request and the Grantee shall provide
receipts or other source documents for any direct expense or cost as described in the ledger, as
and when necessary to resolve any substantial issue concerning reimbursement.
d. For instances in which travel reimbursement is an approved cost in the grant, the State will
reimburse the Grantee for expenses necessary to the project when documented by appropriate
receipts. The State will reimburse travel and related expenses at actual costs not to exceed the
rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of
Regulations ("CCR"), except that reimbursement may be in excess of these rates upon
documentation that these rates are not reasonably available to the Grantee. Reimbursement for the
cost of operating a private vehicle shall not, under any circumstance, exceed the current rate
specified by the State of California for unrepresented state employees as of the date the cost is
incurred. The State will reimburse the Grantee for other necessary expenses if those expenses are
reasonable in nature and amount taking into account the nature of the project, its location, and
other relevant factors.
5
OPC Grant Agreement No. P01-2-08
3. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures
Funded by the State must occur within the time frame of the Project Performance Period as indicated in
this Agreement.
4. The State reserves the right to request reimbursement of any Funds spent on the Project, even Funds
deemed eligible costs, if the Project is not completed in accordance with the Grant Agreement and the
guidelines.
5. The Grantee is permitted to adjust any of the ranges in the Project Budget, other than administrative
and indirect costs, upwards or downwards for a total of 10% of the amount of the Grant, so long as the
sum of the whole Project Budget does not exceed the approved amount of funding for the Work
Program. Grantee will provide notice of any such adjustment to the State explaining how it plans to
account for and manage the adjustment. However, if Grantee seeks to adjust the allocations within the
Budget ranges upwards or downwards more than 10%, create or amend the ranges, or to delete ranges
entirely, a request must be submitted in writing to the Project Manager. The Project Manager, along
with the Project Manager's supervisor, will consider whether to approve the Grantee's request for new
allocations and ranges. Upon approval of such a request by the Council staff, the new Budget ranges
and allocations will become self-executing and will automatically be part of the Agreement and binding
on Grantee, and incorporated into the Project Budget in Exhibit A.
D. Project Administration
1. Grantee shall promptly provide Project reports and/or photographs upon request by the State. In any
event Grantee shall provide the State a report showing total final Project expenditures with the final
payment request and required closing documents.
2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available
for inspection upon request by the State.
3. Grantee shall use any income earned by the Grantee from use of the Project to further Project purposes,
or, if approved by the State, for related purposes within the jurisdiction.
4. Grantee shall submit all documentation for Project completion, including a notice of completion as
applicable and final reimbursement within ninety (90) days of Project completion, but in no event any
later than March 30, 2022.
5. Final payment is contingent upon State verification that Project is consistent with Project Scope as
described in Exhibit A, together with any State approved amendments.
6. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any
request by the Grantee for amendments must be in writing stating the amendment request and reason
for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60)
days before the effective date of the proposed amendment.
7. Grantee must report to the State all sources of other Funds for the Project.
E. Project Termination
1. The State reserves the right to terminate a Grant Agreement for any reason at any time. There are no
vested rights or entitlements to Funding that a Grantee can or should rely upon, and once a notice of
termination is provided to the Applicant, only authorized and eligible work prior to that notification of
termination will be paid by the State.
C:
OPC Grant Agreement No. P01-2-08
2. Prior to the completion of Project construction, either party may terminate this Agreement by
providing the other party with thirty (30) days' written notice of such termination. The State may also
terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that
there is a violation of any State or federal law or policy by Grantee which affects performance of this
or any other Grant Agreement or contract entered into with the State.
3. If the State terminates without cause the Agreement prior to the end of the Project Performance
Period, the Grantee shall take all reasonable measures to prevent further costs to the State under
this Agreement. The State shall be responsible for any reasonable and non -cancelable obligations
incurred by the Grantee in the performance of the Agreement prior to the date of the notice to
terminate, but only up to the undisbursed balance of Funding authorized in this Agreement.
4. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other
obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate
repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued
interest and any further costs related to the Project. The State may, at its sole discretion, consider
extenuating circumstances and not require repayment for work partially completed provided that the
State determines it is in the State's best interest to do so. This paragraph shall not be deemed to limit
any other remedies available to the State for breach of this Agreement.
5. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the
Act may be cause for suspension of all obligations of the State hereunder.
6. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending
all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault
of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any
irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
7. Because the benefit to be derived by the State, from the full compliance by the Grantee with the
terms of this Agreement, is the preservation, Enhancement or establishment of community green
areas and spaces for the people of the State of California, and because such benefit exceeds to an
immeasurable and unascertainable extent the amount of money fumished by the State by way of Grant
Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the
State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the
State would be inadequate compensation to the State for any breach by the Grantee of this Agreement.
The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the
Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise
agreed to by the State.
F. Hold Harmless
1. Grantee shall waive all claims and recourses against the State, including the right to contribution for
loss or damage to persons or property arising from, growing out of or in any way connected with or
incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents
and employees.
2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in
perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out
of the Project, including Development, construction, operation or maintenance of the property described
in the Project description which claims, demands or causes of action arise under Government Code
Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except
for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee
acknowledges that it is solely responsible for compliance with items to which it has certified.
7
OPC Grant Agreement No. P01-2-08
3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of
the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of
liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall
request a jury apportionment.
G. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to
make them available to the State for auditing at reasonable times. Grantee shall also retain such
financial accounts, documents and records for three (3) years after final payment and one (1) year
following an audit.
2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall
have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to
this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by
the State accurate records of all of its costs, disbursements and receipts with respect to its activities
under this Agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by
the State.
4. If Grantee stated in the Application for funding and/or Work Plan that other sources of funding would be
used to complete the Project, the Grantee shall establish internal systems to track expenditure of
matching or in-kind funds on a regular basis and will make the documentation available to the State
upon request.
H. Work Product
1. Where relevant, the Grantee agrees that all data, plans, drawings, specifications, surveys, studies, and
other written or graphic work produced in the performance of this Agreement, herein referred to as
"materials" are subject to the rights of the State as set forth in this section. The State shall have the
right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any
purposes whatsoever and to authorize others to do so.
2. Grantee agrees that the grantee shall use the materials developed with grant funds under this
agreement only for the purpose for which the grant funds were requested and no other use of the
materials shall be permitted except by written permission.
3. Grantee must certify the materials developed with grant funds under this agreement shall remain
available for public review. This Agreement shall not prevent the transfer of the materials from the
Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this
Agreement.
4. If the use of the materials is changed to a use that is not permitted by the Agreement, or if the materials
are sold or otherwise disposed of, at the State's sole discretion, an amount equal to (1) the amount of
the Grant, or (2) the proceeds from the sale or other disposition, whichever is greater, may be
reimbursed to the State.
E'1
OPC Grant Agreement No. P01-2-08
I. Use of Facilities
1. The real property (including any portion of it or any interest in it) may not be sold or transferred
without the written approval of the State of California, acting through the Natural Resources Agency,
or its successor, provided that such approval shall not be unreasonably withheld as long as the
purposes for which the Grant was awarded are maintained.
2. Grantee shall maintain, operate and use the Project in fulfillment of the purpose funded pursuant to
this Grant for a minimum of 20 years, consistent with the Land Tenure/Site Control requirements
included in the Application Guidelines. The Grantee, or the Grantee's successor in interest in the
property, may assign without novation the responsibility to maintain and operate the property in
accordance with this requirement only with the written approval of the State. Grantee may be excused
from its obligations for operation and maintenance of the Project site only upon the written approval of
the State for good cause. "Good cause" includes, but is not limited to, natural disasters that destroy
the Project improvements and render the Project obsolete or impracticable to rebuild.
3. Grantee shall use the property for the purposes for which the Grant was made and shall make no
other use or sale or other disposition of the property. This Agreement shall not prevent the transfer
of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the
obligations imposed by this Agreement.
4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the
property is sold or otherwise disposed of, at the State's sole discretion, an amount equal to (1) the
amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale
or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or
otherwise disposed of is less than the entire interest in the property Funded in the Grant, an amount
equal to either the proceeds from the sale or other disposition of the interest or the Fair Market
Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the
State.
5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without
the written permission of the State.
6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.
J. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, color, ancestry,
religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (cancer), age (over 40), marital status, and denial of family care leave in the use of any
property or facility acquired or developed pursuant to this Agreement.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent
that reasonable difference in admission or other fees may be maintained on the basis of residence and
pursuant to law.
3. The completed Project and all related facilities shall be open to members of the public generally, except
as noted under the special provisions of this Agreement or under provisions of the Act.
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OPC Grant Agreement No. P01-2-08
K. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application
approved in writing by the State are hereby incorporated by reference into this Agreement as though set
forth in full in this Agreement.
L. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect
other provisions or applications of this Agreement which can be given effect without the invalid provision or
application, and to this end the provisions of this Agreement are severable.
M. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either
party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver
is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or
implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either
party.
N. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or
in part.
0. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of
or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally
with the Project Manager. If the issue cannot be resolved at this level, the Grantee shall follow the
following procedures:
If the issue cannot be resolved informally with the Project Manager, the Grantee shall submit, in
writing, a grievance report together with any evidence to the Deputy Director of the OPC. The
grievance report must State the issues in the dispute, the legal authority, or other basis for the
Grantee's position and the remedy sought. Within ten (10) working days of receipt of the written
grievance report from the Grantee, the Deputy Director shall make a determination on the issue(s)
and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the
Grantee disagree with the Deputy Director's decision, the Grantee may appeal to Executive Director
of the OPC, who is also the Deputy Secretary for Ocean and Coastal Policy for the Natural Resources
Agency.
2. The Grantee must submit a letter of appeal to the Executive Director explaining why the Deputy
Director's decision is unacceptable. The letter must include, as an attachment, copies of the
Grantee's original grievance report, evidence originally submitted, and response from the Deputy
Director. The Grantee's letter of appeal must be submitted within ten (10) working days of the
receipt of the Deputy Director's written decision. The Executive Director or designee shall, within
twenty (20) working days of receipt of Grantee's letter of appeal, review the issues raised and shall
render a written decision to the Grantee. The decision of the Executive Director or designee shall be
final.
ffel
OPC Grant Agreement No. P01-2-08
P. Audit Requirements
Projects are subject to audit by the State annually and for three (3) years following the final payment of
Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the
Grantee, as they relate to the Project for which the Grant Funds were granted.
Q. Executive Director's Designee
The Executive Director shall designate an Ocean Protection Council Project Manager who shall have the
authority to act on behalf of the Executive Director with respect to this Agreement. The Executive Director
shall notify the Grantee of the designation in writing.
R. Insurance
Throughout the term of this agreement, for the life of any asset funded by the grant monies awarded
pursuant to this agreement, or for any period of project implementation after the termination date of this
agreement, the Grantee shall maintain self-insurance, as specified in this section, against claims for injuries
to persons or damage to property that may arise from or in connection with any activities by the Grantee or
its agents, representatives, employees, volunteers, or contractors associated with the project undertaken
pursuant to this Agreement.
If the Grantee provides funds to any contractor to accomplish any of the work of this Agreement or
provides funds to any subgrantee to carry out a project under this Agreement, the Grantee shall first enter
into an agreement with each subgrantee or contractor requiring it to provide and maintain liability and
property -damage insurance, as specified in this section, against claims for injuries to persons or damage to
property that may arise from or in connection with any activities by the subgrantee or contractor, or its
agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this
Agreement. As an alternative, with the written approval of the Executive Director, the subgrantee or
contractor may satisfy the coverage required by this section in whole or in part through: (a) its participation
in a "risk management" plan, self-insurance program or insurance pooling arrangement, or any combination
of these, if consistent with the coverage required by this section. Required insurance shall be maintained
from the commencement date through the completion date of the work undertaken by the subgrantee or
contractor under the approved Work Program.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office ("ISO") Commercial General Liability coverage (occurrence Form CG 0001) or
ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive
General Liability endorsement.
b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto).
c. Workers' Compensation insurance as required by the Labor Code of the State of California.
2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:
a. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
(Including operations, and property damage. If Commercial General Liability
products and completed Insurance or other form with a general aggregate limit is
operations, as used, either the general aggregate limit shall apply
applicable) separately to the activities under this agreement or the
general aggregate limit shall be twice the required
occurrence limit.
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OPC Grant Agreement No. P01-2-08
b. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Use of Watercraft. If the subgrantee or contractor is to engage in project work involving the use of
watercraft, it shall provide and maintain insurance covering injury to person or property in connection with
the use of watercraft, which may include, as appropriate, an endorsement to a Commercial General Liability
policy covering non -owned watercraft liability or Protection and Indemnity Insurance or Jones Act
coverage. Coverage shall be in a reasonable amount in light of the nature of the activity and shall be
documented and approved by the Executive Director.
4. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the Executive Director.
5. Required Provisions. Each insurance policy required by this section shall be endorsed to state that
coverage shall not be canceled by either parry, except after thirty days' prior written notice by certified mail,
return receipt requested, has been given to the Ocean Protection Council. The general liability and
automobile liability policies are to contain, or to be endorsed to contain, the following provisions:
a. The State of California, its officers, agents and employees are to be covered as insured with respect
to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee;
and with respect to liability arising out of work or operations performed by or on behalf of the Grantee
including materials, parts or equipment furnished in connection with such work or operations.
b. For any claims related to this agreement, the Grantee's insurance coverage shall be primary
insurance with respect to the State of California, its officers, agents and employees.
c. 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.
6. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the
State of California and having a current Best's rating of "B+:VII" or better or, in the alternative, acceptable to
the Ocean Protection Council and approved in writing by the Executive Director.
7. Verification of Coverage. The Grantee shall furnish the Executive Director with original certificates and
amendatory endorsements effecting coverage required by this clause. All certificates and endorsements
are to be received and approved by the Executive Director before work commences. The Ocean Protection
Council reserves the right to require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage, at any time.
5. Premiums and Assessments. The Ocean Protection Council is not responsible for premiums and
assessments on any insurance policy.
6. Indemnity. The grantee shall agree to indemnify and hold harmless the state of California, acting by and
through the Ocean Protection Council, and any employee or agent thereof harmless from any liability, loss
or damage that may be suffered as a result of claims, demands, costs or judgments against them arising
out of the activities to be carried out pursuant to the obligations of this Agreement, including, but not limited
to, the use by Grantee of results obtained from the activities performed under this agreement; provided,
however, that any such liability, loss or damage resulting from this agreement was not caused by the gross
negligence or malfeasance of the OPC, its employees or agents.
12
Grant # P01-2-08
City of Newport Beach
Newport Bay Water Wheel Project
WORKPLAN (2019-2021)
PROJECT DESCRIPTION: The Newport Bay Water Wheel is a regional trash collection
system (infrastructure and equipment) to be constructed and installed near the outlet of San
Diego Creek (SDC) - inside the creek itself and on a landing area adjacent to the creek. The
Water Wheel will remove floatable trash and debris from a 120 square mile tributary area
before it enters Upper Newport Bay, and ultimately the Pacific Ocean.
The Water Wheel consists of a floating platform with a 14 -foot steel water wheel that is
powered by the current of the creek. The floating trash wheel is secured in place by guide piles
designed to withstand storm flows and changes in water surface elevations. The water wheel
powers the spring-loaded leaf rakes and conveyor system that pulls floating litter and debris
from the creek and deposits the captured material into a roll -off container. The City of Newport
Beach along with our upstream project partners will be responsible for 20 years of operation
and project maintenance.
The Water Wheel project addresses two Ocean Protection Council (OPC) Proposition 1 Grant
Guidelines priority issue areas: (1) Marine Managed Areas and (2) Coastal and Ocean Water
Quality. The Water Wheel is a priority water quality improvement project for Newport Bay.
Every year, large volumes of trash and debris (hundreds of cubic yards) enter Newport Bay
from the Santa Ana -Delhi Channel (SAD) and San Diego Creek (SDC), subsequently the trash
fouls the inter -tidal areas around Upper Newport Bay, and deposits on beaches at the Newport
Dunes and around the harbor. This project will remove trash and debris directly benefitting and
protecting a Marine Protected Area (MPA) in the Upper Newport Bay State Marine
Conservation Area (SMCA), as well as Areas of Special Biological Significance just down
coast of the Newport Harbor jetty. This project prevents land-based litter and associated
contaminants from reaching the ocean and becoming marine debris. By removing trash from
the Newport Bay, pollution will be reduced from State waters which will in turn contribute to
healthier marine and estuarine ecosystems. The removal of trash will also restore the habitat
throughout the region by greatly reducing the impact debris has upon the species in and
around the bay. The Water Wheel will not hinder safe passage of fish between Upper Bay and
San Diego Creek and presents no hazard for birds or other wildlife.
PROJECT LOCATION: The project is in Orange County, in and along San Diego Creek 800'
upstream of Upper Newport Bay, between Jamboree Road and State Route 73. Latitude is
33.651283000 N and longitude is -117.864558000 W. See map on page 7 of this workplan.
PROJECT PARTNERS: The project is a collaboration between the following partners:
The City of Newport Beach: This is the grantee and will hold all contracts and be responsible
for project management, grant invoicing and reporting. The City of Newport Beach will provide
fiscal and contractual administration for the project, as well as monitoring and outreach
expertise.
Orange County Flood Control District: The County of Orange is the landowner and will provide
the project with the necessary permits and regulatory approvals.
1
Grant #Pal -240
City of Newport Beach
Help Your Harbor: Help Your Harbor is a non-profit(5016) organization working to improve
the health of California's bays, harbor: and marinas. Help Your Harbor will assist Me grantee
with pubic education and media information for Me project.
PROJECT CONTACTS
Grantee John Kappeler Senior Engineer, City of Newport Beach
949-844-3218; "kaoeelerlinewportbeach sism
Funder Marine Cazorla, Program Manager, California Ocean Projection Council
918.853-0520; manna cezorlatiresources.ca.ppv
Landowner Penny Lew, Orange County Flood Control District
714-847-3990; Pennv.Lew(dpcow.ocoov.com
Help Your Harbor Billy Dutton, 802-677-2700, bdunonffomusic.cem
PROJECT TASKS AND DELIVERABLES
Task 1: Project Management OPC: $0 May 2019 - Dec 2021
Task la, Grant Administration. Conduct all levels of grant agreement administration and
project management including: grant agreement execution; maintenance of project this:
submission of eem4annual and final reports and invoices to OPC. Grantee understands that
OPC reimbursement only applies to approved work performed after the grant agreement is
executed and during the "performance period' as defined by the grant agreement.
Stag will truck task progress, manage the project's schedule, communicate with OPC on a
timely basis, implement contracts and track budgets. Costs include staff time to complete
project management asks, maintain project accounting records and budget management,
submit reports and Invoices and process payments to contractors. This project Involves the
use of consultants and conactors, including at least two different Raguest for Proposal (RFP)
processes to complete both the engineering design and construction.
DELIVERABLES: 1a.1: Semiannual progress reports
ia.2: Semi-annual invoices
1 a.3: Project draft final report
1a.4: Final report
ia.5: Project closeout and final invoice
Task 1b: Protect Coordination. The Grantee will conduct planning meefings with Orange
County Flood Control, Regulatory Agencies (as needed), the Orange County Conservation
Corps and NGOs (Orange Coastkeeper, Newport Bay Conservancy, and Help Your Harbor) to
develop and adhere to an implementation timeline during the course of the project. This task
includes field work wanted to understand preferred options for the site, and will Include
regular coordination meetings.
DELIVERABLES: ib.i: Coordination meeting schedule
1b.2: Onahe (field) meetings
Grant Or P01-2-08
cry at Newport Beach
Task 2: Project Documentation 0n:$0 May 2019—Dec 2020
Task 2a: Design Consultant. Prepare a Request for Proposal (RFP) for engineering firms to
complete final site plans, and obtain regulatory approvals. This task inclutles engineering firm
selection and contracting.
DELIVERABLES: 2a.1: Copy of Request for Proposal
2a.2: Award Consultant Contract and issue the Notice to Proceed (NTP)
Task 21 Construction Contractor. Prepare a Request for Proposal (RFP) for construction
firms to build the project. This task includes construction fine selection and contracting.
DELIVERABLES: 2b.1: Copy of Request for Proposal
2b.2: Award Construction Contract and issue the Notice to Proceed
Task 3: Engineering & Regulatory Approval OPC: $300,000 July 2019 - Dac 2020
Task 3a: Field Survey Perform site topographic surveys as needed to accurately represent
field conditions and provide horizontal and vertical controls for the project
DELIVERABLES: 3a.1: Field Survey Report
Task 31c Gootechnkal Assessments Prepare report for geotechnical tests, including soil
borings.
DELIVERABLES: 3b.1: Geotechnical Assessment Report
Task 3s: Pop ad Permitting. Pursuant to local and State regulations, identify and obtain
required permits. Required perils include (but may not the limited to the following):
a) US Army Corps of Engineers (USAGE) Section 404 of Clean Water Act and Section 100
Cull
b) Regional Water Quality Control Board (Santa Ana Region)
c) California Department of Fish and Wildlife (CDFW)
I) US Fish and Wildlife Service (USFWS)
e) California Coastal Commission Development Permit
U County of Orange Encroachment Permit; and
g) City of Newport Beach Permits
DELIVERABLES: 30: Completed Permlts
Tack 3d: 00% Design Review. Prepare and review the 00% design plans and specifications.
DELIVERABLES: MIA: 63% complete desgn plans and specifications
Task 3a: 100% Design Review. Prepare and review 100% design plans and specifications.
DELIVERABLES: 3e.1: 100% complete design plans and specifications
Grant 8 P81-248
City aNeapan each
Task 4: Coastruction and Implementaflon On: 8114
Task", Construction. Constmct project in accordance with approved design plans and
specifications.
• Gradin and Access Road a newly paved access mad, including an access pad for
pickup and drop-off of the rolloff fresh containers.
s Shoreaide unloading facilities installa0on of the mil, stairwell and gangway.
• Trash Wheel Components installation of the floating platform and water wheel, including
the floating others, guide piles, fresh barge with rell Container and solar panels (g
feasible).
DELIVERABLES: 4a.1: Complete project in accordance with approved plans, specifications
4a.2: Submit a set of final as -built drawings to OPC
Task 41a Inspection. Final site inspection by City of Newport Beach Public Works Department.
DELIVERABLES: 4b.1: Final inspection report
Task 5: Operation and Maintenance Plan OPG` Ill Oct 3020 — Dee 2020
Task 5a, Prepare an Operations and Maintenance (OSMI Plan.
DELIVERABLES: 5a.t: Operations and Maintenance (01 Plan
Task 6: Outreach and Signal OPO: 810,000 Jul 2016— Sept 9O18t
Task 6a: Desian of Proposition 1 and Partner Acknowledgement Sian and Ink:rorebve Panel.
Project partners will coordinate tit develop an interpretive panel that provides public outreach
content patterning to the project. The final sign and its location in a site easily viewable by the
public must be approved by the Ocean Protection Council project manager.
DELIVERABLES: Iii Interpretive panel
Task 6b: Installation of Signage. Interpretive panel will be fabricated and installed
DELIVERABLES: 61 Completed and installed iMmpretive panels
Task 6c: Media. Project partners will Collaborate to provide the public with regular project
updates through press releases and online media.
DEMVERABLES: SCA: Press releases) and media poets
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Grant#1101-2-38
citym Newport Beach
BUDGET protect Budow'xlax
Project Name: Newport Bey Water Wheel
Grantee Name: City of Newport Beach
TASK
TASRTRE
TSUSBB
SUBTASRTTIE
OPCGRART
MAMHFRCM
GNNE
TOTAL BUDGET
1
ProjectManagement
L
Grant Administramon
So
$20,(013
$MM
Na Pro ut CooMlnatlon i0 S%M
$51000
M
'rojectDocumentatior
2a
Desi nconsultant
So
$z=
$z"
2b CondruduonC ntrador 00 $2,000
$2,000
tt0
3
EnBineerin8&
RegulatoryApprovals
as
Field Surrey
$MONO
00
$201000
Geotetliniml
$b Assessments $M'M i0
$MAN
3c Pro ectPermiNing $75,000 SO
$75,000
M M DaRip Review $imM So
$165,M
3e Mae Design Review $211,000 SO
$20,O010
$300000
A
Construction&
Implementation
N
Conitrucdon
$1,365,000
So
$1,36 M
4b Ins cion $0 $10,01A
$ID,CO13
5
Operations&
Maintenance Plan
So
0&MNan
$S,ND
$0
$51000
$51000
6
Outrexb&Signage
Desi nof51
$2,030
$0
$7,000
6b Installation of egralea $3,(013 So
$3,ll0
Sc Media 00 $51000
$5,000
fO0
Total
1680 000
lEim000
1724 000
Budget Details
The City of Neapolt Beach (grantee) is not repuestinp any overhead or indirect costs.
Documentation for in-kind grentee match: City staff will send the grant manager the sting
rales for all employees waking w the Project and Sam" will keep an excel spreadsheet
trading the hwm worked Lave rds the project/metch.
• Direct costs mark-ups— The City allows for consultant mark-ups (up to 15%), and
construction contractor marc -ups (par Gre rnbook standards). AN approvetl and past
inmces will be forwarded to OPC w a semiannual basis for reimbursement.
• Progress Repots and mdoes will be submitted on a semiannual basis (M times a year).
• We understand budget can be reallocated with the tasks and tasks re -budgeted up to 10%
of the grant total vAft out doing a formal ameradment.
6�
EXHIBIT B
OPC PROPOSITION 1 GRANT AGREEMENT SIGNAGE GUIDELINES
All grantees are required to post a sign at the projectors. Though mud a available for Me final instarnctiun of fire
protect . There is no minimum or maximum size Mar Man Me minimum was for the logo, as long as Me sign comes
Me required wording and is legible to visficrs.
Typso d Sigu
1) Cnen-AegnacknoMedgMg Me Mndingsourm NrequiWdudngrnnst'u n.
2) Pod Comomfn-TM1ssamssgnco WuWtrb wnaMwtlplaMpostrompleOon,Rsignis Eumble
Language for Slane
All signs Will contain Me following minanum
language aid amyJric
The mine ofthe i irmarr of Me aces pudic agency
or other governing body may also be added. The
sign may also include the names (ardor logrom of
other partners, organization. individuals and
elected repremntaaves.
AtNor mud contain Me unFrereN ago for the
Infrastructure Impm mmnt Act The Prop 1 No
and the OPC logo are available for downed d:
httooresources ra.00v/orontalwoarV. The logo
must be mounted In an area to maximize viaNNy
and durability. Each edge of the Iwo itseg mud M
aminimumdl'Xl'. Excedi ins maybe approved
by the project manger when appropriate.
PrejMTIt1e "edpgon
Another Project to Safeguard California Water
FuMetl by wler-aPProvetl Prorodurm 1 through the
calacmla Natural Resources Agency
® PRiv�
W
GAVIN NEWSOM, GOVERNOR
Waste Crowded, Secretary for Natarel Resources
Madne Managed Areas
If the full proposal mislicaeon M the project arficulaed that the project benefits manna managed areas as defined by
Pudic Resources Code Section W700, Me postswnpletion sign shall include Me fatloaing addacnal language,'TIm
project reduced hamn d Impacts mal are known to negatively sand Marine Maimed Areas which are tlesgnafed to
proms, wndows or otherwise effectively manage msourcw and Meir uses. -
Sign construction
All matanats used shall be durable and resident to the emnnents and gmMll. The California Department of Paso and
Recandon and California Department of Transportation amMards can be used as a guide for prune of metal. quady
of "Inde used, mounting specificefians, etc.
Sign Demand
Project signs must W in piece for a minimum d bur (4) years from data of projxl completion
Sign Cwt
The cost of fire agate) is an eligible project oxt. More Permanent signage Is enmuregad.
Appropma morin; of Signe
For projects where the required sign may W out of place or Mom affected by anal sign ordinances, the protect
manager in consultation with grans may auMatlze a sign appropriam to the protect in question.
SignsonStam Higlnvaye
Signs placed within the Stam highway ngMofway may require a Caltrans encrcachmern pemod. Cons the lood
CoMans District Dirce darty M the planning phos" for more Information.
Stam Approval
The groM" shall submit proposed moisture, size, number deigns and language for review prof to oraenrg signs.
Final funds will not be reimburse] and signage has been approved and totalled.