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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 DATE amac.nalE. TM NYUY Rwguaa /gmry' 6RMlT pCRFFMENT GRANTEE NAME CMoe NawPorlMyl PRBJECTTITIE: N ft BAY Weler WllW Pm(eRt AUTHORITY. Be Water(Alay GAMY AdINHeNnu (TIMouemenl none Bond Ann of 2014. PRINII I PROGRAM: P mW[teI CmnM AGREEMENT NUMBER PIN HOB PROJECT COMPLETION DATE ME Won Re an PROJECT TERMINATION DATE 6: 111el0 Y022 mdand and coda molmaola Ta mimwe pMY al In .uacnee. W ow irewvemaavPo NY' NoI �I g im'mla. uhal ymme PROJECT DEOCRIPTM'SeepqeclEeaclWlw on Page l and EMNIN AMtMlgreemmt Total Gone Glen Pat W batted silmo�000 (or Pmect[ou, 1h.Chevel no 0) TM YiNy ma GewY%pYeps W WM are made a Pan or and Incorporate ,to ahs Agmemem. any axLgn M! In ATEOFCALIFORMA //•�� ��f THE NATURAL R6`WROES AOEFCF �CIOO TkUOR NaIMn(eM TIGa� CAN, i`LrRPf 1Ce Be ury Se[relervlo-0aanaNfmMyWb AMOUNT OFry1µTE AGREEMENT NUMBER FUND fpB PB12-0e iB 3. Wad, OIWMBog ARM M1e6pyoNae Img[aerenl Ignl A[[Iaunce(Pnp l( ENG E Wwl aeunre Ref Wlgv FlM Enaclmml A[yAMt µACWN YearCyLIEy UYENCUMBEµOSMµCE IBI SOB _NY 2011 M I Peagrtm ME PaN PRjetl 20B Atl" 2310x - RPFG AruMa6 0 MIAs cal, Iyeacyca BB1II 9pdgeLgLpd Blame 0340 — hemEr cerilryo�=vM OUN, Nn budgeted fonds are rvmalw Redeem IGNevRl� 2e i /"//— 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. 9 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. 11 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 Nm 0 ny If Iwo tsooh W.rer Wn.a Geon Chad V3 aa.. Newport flay Water WMel Project �5 ggxngt ereG St.! .1 .rn mm"lly l a .�.a ra.sraa a.. m.mm mmm s - T+ M1 wvlmr, r....nw� a. r' ,.muo r YiLT emool"m e `aea�a�ie. '�alsmi x — 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.