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Home My WebLink AboutAGMT - California Coastal Conservancy (Grant for Pier);i;tts,V4fi "4,R® AGREEMENT — STATE OF .'k'A- UPORNIA STD. V (REV. E'S1) APPROVED BY THE 4TTORNEY GENERAL THIS AGREEMENT, made and entered into this 30th day of May , 19 $5. , in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting ❑ CONTRACTOR ❑ STATE AGENCY ❑ DEPT. OF GEN. SER. ❑ CONTROLLER 0 0 TITLE OF OFFICER ACTING FOR STATE Executive Officer hereafter called the State, and rity of SealReach hereafter called the Contractor. AGENCY State Coastal Conservancy NUMBER R4- 060- 84 -09A I9' WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) SCOPE OF AGREEMENT Pursuant to Section 31300 et seq. of the Public Resources Code, the State Coastal Conservancy (hereafter called the "Conservancy ") hereby grants to the City of Seal Beach (hereafter called the "Grantee") a sum not to exceed two hundred fifty thousand dollars ($250,000), subject to the terms and conditions of this Agreement. These funds shall be used to complete the restoration of the Seal Beach Municipal Pier (hereafter called the "Pier ") by replacing the restaurant at the end of the Pier with a building that will be situated on the same site and have substantially the same purpose and capacity as the restaurant that was torn down after the 1983 winter storms (hereafter the "Project ") as described herein and in the Conservancy Staff Recommendation of May 16, 1985 which is attached as Exhibit A and incorporated herein by this reference. The Grantee shall construct the Project in accordance with this Agreement and the budget to be approved by the Executive Officer of the Conservancy (hereafter the "Executive Officer ") pursuant to this Agreement. The provisions on the rever - .' de hereof constitute a part of this agreement. IN WITNE , S WHEREOF is agreement has been executed by the parties hereto, upon the date first above written. .f 5 ATE OF CALIFORNIA CONTRACTOR AGENCY "Coa s nservancy CONTRACTOR (IF OTHER THAN AN INDIVIDUAL. STATE WHETHER A CORPORATION. PARTNERSHIP. ETC.) Ci of Seal Beach BY (AUTHORIZE • - BY (AUTHORIZED SIG. R TITLE �. -- .. • Executive Officer TITLE Al >- J. Parker, City Manager CO C INUED ON SHEETS. EACH BEARING NAME OF CONTRACTOR fi ADDRESS p 211 — 7th Street, Seal Beach, CA . 9074 i Department of General Services Use Only - AMOUNT ENCUMBERED 250,000.00 PROGRAM /CATEGORY (CODE AND TITLE) Local Assistance FUND TITLE 1980 Bond Act UNENCUMBERED BALANCE (OPTIONAL USE) Restoration ADJ. INCREASING ENCUMBRANCE ITEM Reappro1376 -490 __ . CHARTER 99 STATUTE 1981 FISCAL YEAR 81 82 ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE) Restaurant Restoration 1 here by Certi fy u pon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. T.B.A. NO. B.R. NO. s' DATE S --20 —etS— I eby cert y thatfoonditions for exe son set forth in State Administrative Manual Section 1209 have been com 1 with and this d ent is exempt from review by the Department of Finance. = DATE I 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent_ of the State, this agreement is not assignable by Contractor either in whole or in part. . 5. Time is the essence of this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. 4 • ' City' of Seal Beach 'No. 84- 060- 84 -09A Page Two SCOPE OF AGREEMENT (continued) Prior to commencement of construction, the Grantee shall submit to the Executive Officer for review and written approval as to their consistency with the terms of this Agreement construction drawings and bid specifications for the Project which have been certified by a registered architect or engineer and approved by the Grantee's Public Works Director. After a contractor(s) has been selected, the Grantee shall submit for review and written approval by the Executive Officer a Project budget substantially consistent with Exhibit A and with previously approved construction drawings. If any construction contractor(s) other than the Grantee is engaged to complete any portion of the project for which reimbursement will be sought under this Agreement, construction shall not commence until such other contractor(s) has furnished a performance bond in favor of the Grantee, in the following amounts: for faithful performance, one hundred percent (100 %) of the contract value; and for labor and materials, one hundred percent (100 %) of the contract value. The Grantee shall erect a sign or signs on the project site crediting the Conservancy for its funding assistance. The sign or signs shall be permanent and easily visible to persons entering the restaurant. The number, design, placement, and wording of such signs shall be submitted to the Executive Officer for review and approval. Final payment may be withheld pending placement of the sign or signs in the manner approved by the Executive Officer. Upon completion of the Project, the Grantee shall supply the Conservancy with evidence of such completion by submitting a final report which includes an inspection report by the Grantee's Public Works Director certifying completion of the Project according to the approved construction drawings and a final "Request for Reimbursement of Expenditures" form (Exhibit B). The Grantee shall repay the Conservancy out of lease revenues from the sports fishing and restaurant operation, or from other Pier revenues, one hundred percent (100 %) of the funds disbursed under this Agreement, together with interest on the un- repaid balance accruing at a rate of eight and eighty -six one - hundreds (8.86 %) percent compounded annually for a ten -year period beginning July 1, 1987. The manner in which the repayment shall be made is detailed in the "REPAYMENT TO THE CONSERVANCY" section of this Agreement. City of Seal Beach No. 84- 060- 84 -09A Page Three CONDITIONS PRECEDENT TO PAYMENT TO THE GRANTEE No disbursement of funds under this Agreement shall be made until the following conditions have been met: (1) A Resolution has been adopted by the Grantee authorizing the execution of and approving the terms and conditions of this Agreement, including without limitation all conditions contained in the attached "List of Assurances" (Exhibit C, incorporated herein by reference). Additionally, such resolution shall state the Grantee's obligation to fully reimburse the Conservancy for all funds disbursed under this Agreement in accordance with the terms set forth in the "REPAYMENT TO THE CONSERVANCY" section of this Agreement. (2) The Executive Officer has approved in writing the construction drawings, bid specifications and project budget as required under this Agreement. (3) The Executive Officer has approved in writing the plans describing the number, design, placement, and wording of signs crediting the Conservancy for its funding assistance. (4) The Grantee has provided written notification to the Executive Officer of all sub - contractors that the Grantee intends to employ to construct the Project or any separable component of it and written evidence that each such sub - contractor has complied with the bonding requirements described in the "SCOPE OF AGREEMENT" above. (5)- The Grantee has provided written evidence to the Executive Officer that all permits and approvals necessary to the completion of the Project under applicable local, State and Federal laws and regulations have been obtained. (6) The California Coastal Commission has provided written evidence to the Executive Officer that the Project is consistent with the Land Use Plan City of Seal Beach Local Coastal Program. COST AND PAYMENT TO THE GRANTEE Upon determination by the Executive Officer that all "Conditions Precedent to Payment" have been fully met, the Conservancy agrees to pay the Grantee, in accordance with the approved Project budget, a total amount not to exceed two hundred fifty thousand dollars ($250,000). Payments shall be made on the basis of costs incurred, less ten percent (10 %). Payment of all amounts previously withheld shall be made upon satisfactory completion of the Project and submission of a final Request for Reimbursement Form (Exhibit B). The Grantee shall request payment no more frequently than monthly by filing with the Conservancy completed "Request for Reimbursement" forms which contain the name and address of the Grantee, the signature of an official authorized by the .s . City of Seal Beach No. 84- 060- 84 -09A Page Four COST AND PAYMENT TO THE GRANTEE (continued) Grantee to sign such invoices, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description of all work done for which payment is requested. Additionally, the invoice shall be accompanied by any supporting invoices or other source documents from subcontractors hired by the Grantee to complete any portion of the project funded under this Agreement, and shall be accompanied by written substantiation of completion of the portion of the project for which payment is requested. REPAYMENT TO THE CONSERVANCY The Grantee agrees to repay the Conservancy one hundred percent (100 %) of the funds provided pursuant to this Agreement by July 1, 1996. Interest shall accrue on the unpaid balance at a rate of eight and eighty -six hundreds percent (8.86 %) per annum, compounded annually, beginning on the date each payment is tendered by the Conservancy to the Grantee. The Grantee shall make annual payments of no less than thirty -eight thousand seven hundred sixteen dollars ($38,716), by no later than July 1 of each year commencing July 1, 1987, which shall be applied first to interest with the remainder applied to principal. Interest on the first payment shall be prorated according to the timing of the actual disbursement of funds from the Conservancy to the Grantee. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The Grantee shall expend funds in the manner described in the approved Project budget. The allocation of the Conservancy's total grant among various items as shown, may vary by as much as ten percent (10 %) without approval by the Executive Officer. Any difference in the allocation among budget items of over ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items which exceed the amount allocated in the approved Project budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this Agreement, and any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is an amendment to this Agreement. TERM OF AGREEMENT This Agreement shall be deemed executed and effective upon the receipt in the offices of the Conservancy of the Agreement which has been signed in original ink on the first page by an authorized representative of the Grantee, and which is accompanied by the resolution adopted by the City Council of the City of .' ttty .of' Seal Beach ' No. 84- 060- 84 -09A Page Five TERM OF AGREEMENT (continued) Seal Beach as described in the "CONDITIONS PRECEDENT TO PAYMENT TO THE GRANTEE" section of this Agreement, above. The term of this Agreement shall run from the effective date of this Agreement as described herein and shall continue through July 1, 2006, the "Termination Date ", unless otherwise terminated or amended. The Grantee agrees to complete construction of the Project by July 1, 1986 (the "Completion Date "). Prior to the Completion Date, either party may terminate this Agreement for any reason by providing the other party with fourteen (14) days notice in writing. In the event of termination by the Conservancy prior to the Completion Date, the Grantee agrees to take all reasonable measures to prevent further costs to the Conservancy under this Agreement, and the Conservancy shall be responsible for any reasonable and non - cancelable obligation incurred by the Grantee in the performance of this Agreement until the date of the notice to terminate, but only up to the unpaid balance of funding authorized in this Agreement. In the event that the Grantee terminates this Agreement prior to the Completion Date or fails to complete the Project as described in the "SCOPE OF AGREEMENT ", the Grantee shall be liable for repayment to the Conservancy of all amounts paid by the Conservancy under this Agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. OPERATION AND MAINTENANCE The Grantee agrees to operate and maintain the Project as a public access and recreation facility throughout the term of this Agreement. The Grantee agrees to assume all operations and maintenance costs of the Project. For purposes of this Agreement, "Operations Costs" are defined as direct charges incurred for material and labor needed to operate the Project as planned and as described in Exhibit A of this Agreement, utilities, and insurance. "Maintenance Costs" are defined for purposes of this Agreement as ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets involved in the production of gross revenues from the Project as constructed in accordance with the approved construction drawings. Maintenance Costs also include the cost of ensuring that sufficient funds will be available over time to replace or reconstruct portions of the Project including basic structures. The Grantee shall refrain from developing or otherwise using the Grantee's property in the vicinity of the Project in such a way as to interfere with or .City of Seal Beach No. 84- 060- 84 -09A Page Six OPERATION AND MAINTENANCE (continued) inconvenience the operation of the Project or the public's use of the site for access. The Grantee shall repair and maintain any and all improvements which are located at the Project site and the Conservancy shall not be liable for any cost of such maintenance, management, or operation. The Grantee may be excused from its obligations for operation and maintenance of the Project during the term of this Agreement only upon the written approval of the Executive Officer. INSPECTION The Grantee shall permit the staff of the Conservancy to visit the Project site at reasonable intervals to determine whether the Project is proceeding in accordance with the approved construction drawings and is being maintained and operated in accordance with this Agreement. LIABILITY The Grantee waives all claims and recourse against the Conservancy, including the right to contribution for any loss or damage arising from, growing out of, or in any way connected with or incident to this Agreement, except claims arising from the concurrent or sole negligence of the Conservancy, its officers, agents, and employees. The Grantee shall indemnify, hold harmless, and defend the Conservancy, its officers, agents, and employees, against any and all claims, demands, damages, costs, expenses, or liability arising out of the existence or failure of this Project including, but not limited to, the acquisition of property and the design, construction, operation, or maintenance of improvements. If the Conservancy is named as a co- defendant with the Grantee pursuant to Government Code Section 895 et seq., the Grantee shall represent the Conservancy unless the Conservancy elects to represent itself. If the Conservancy undertakes its own defense, it shall bear its own litigation costs, expenses, and attorney's fees. AUDITS /ACCOUNTING /RECORDS The Grantee shall maintain satisfactory financial accounts, documents, and records for the Project, and for Pier revenues, and shall make them available to the Conservancy staff for auditing and inspection at reasonable times and intervals. Such accounts, documents, and records shall be retained by the Grantee for three years following the date of final repayment by the Grantee City 'of Seal Beach No. 84- 060- 84 -09A Page Seven AUDITS /ACCOUNTING /RECORDS (continued) under this Agreement, and shall be subject to examination and audit of the Auditor General during this period. The Grantee may use any generally accepted accounting system, provided such system meets minimum requirements established by the State of California. INCORPORATION OF EXHIBITS TO THIS AGREEMENT The three attachments to this Agreement entitled "List of Assurances" (Exhibit C), "Indemnification and Standard Provisions" (Exhibit D), and "Nondiscrimination Clause" (Exhibit E), describe additional rights and responsibilities of the Conservancy and the Grantee arising out of this Agreement. Each of these Exhibits is an integral part of this Agreement, and each is incorporated herein by this reference. COORDINATOR All actions and approvals required to be taken by the Conservancy under this Agreement shall be taken by the Executive Officer of the Conservancy or his designee. Marc Beyeler is designated the Conservancy's Project coordinator for any problems or questions which may arise concerning the implementation of this Agreement. RESOLUTION The signature of the Executive Officer of the Conservancy under this Agreement certifies that at its May 16, 1985 meeting, the State Coastal Conservancy approved a reimbursable grant of two hundred fifty thousand dollars ($250,000) to the Grantee for the development of the Project described in this Agreement and the attached Conservancy Staff Recommendation (Exhibit A). This Agreement is deemed to be entered into in the County of Alameda. STATE COASTAL CONSERVANCY Staff Recommendation May 16, 1985 Seal Beach Pier Restoration/Restaurant Reconstruction File No.: 84 -09a REQUESTED ACTION: Authorization to disburse an amount not to exceed $250,000 to the City of Seal Beach for the reconstruction of the pier restaurant to complete the restoration of the Seal Beach Municipal Pier. SUMMARY DESCRIPTION: In 1983, severe winter storms destroyed much of the Seal Beach Municipal Pier. The Conservancy, in March of 1984, authorized an $88,000 grant to the city to help in the restoration of the pier. The recommended Conservancy action would provide a reimbursable grant to the city to replace the restaurant at the end of the pier to complete the pier restoration. The rebuilt restaurant will be situated on the same site and have substantially the same purpose and capacity as the restaurant that it will replace. LOCATION: City of Seal Beach, Orange County, South Coast District (Exhibits 1 and 2) PROJECT CATEGORY: ESTIMATED COST: Urban Waterfront Restoration Recommended Action Net Conservancy Cost $250,000 -0- (Reimbursement to Conservancy for recommended action @ 8.86% over 10 years with yearly payments of $38,716.) STAFF RECOMMENDATION: Staff recommends that the Conservancy adopt the following resolution pursuant to Sections 31300 -31313 (Urban Waterfront Restoration) of the Public Resources Code: "The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed two hundred fifty thousand dollars ($250,000) to the City of Seal Beach for the reconstruction of the restaurant at the end of the Seal Beach Municipal Pier, subject to the following conditions: -25- 1. Prior to the disbursement of any funds, the City of Seal Beach adopts a resolution agreeing to reimburse the Conservancy the full amount of funds disbursed under this authorization. These funds shall be repaid to the Conservancy at 8.86% interest over ten years beginning July 1, 1987. 2. Prior to the disbursement of LCP implementation funds under the Parklands Bond Act of 1980, the California Coastal Commission determines that the Seal Beach Municipal Pier restaurant restoration project is consistent with the approved land use plan of the local coastal program for this area. Staff further recommends that the Conservancy adopt the following finding in support of the above resolution: "The restoration of the restaurant at the end of the Seal Beach Municipal Pier is consistent with the intent of the Legislature regarding urban waterfront restoration projects, as expressed in Section 31301 of the Public Resources Code, and with the authority provided to the Conservancy to provide funds for such projects by Sections 31307 -31308 of the Public Resources Code." STAFF DISCUSSION: Project History- The Seal Beach Pier was severely damaged during the 1983 winter storms. In March 1984, the Conservancy authorized a grant of $88,000 to the City of Seal Beach under the storm disaster grants program. The Conservancy funds were used to help replace the lifeguard tower, bait and snack shop, batter piles, boat launch ramp, and for miscellaneous improvements. In addition to Conservancy funds, other sources of funding for the pier repair were the Federal Emergency Management Agency, the Wildlife Conservation Board, the County's Department of Harbors, Beaches and Parks, and Save Our Pier, a group of local citizens who raised over $100,000 to restore the pier. Nearly ten thousand residents and visitors celebrated the formal reopening of the pier in January of this year. Project Description- At the time of the 1984 Board action, the city thought that the restaurant at the seaward end of the pier would require only minor repairs. After the pier was reconnected, allowing access to the restaurant, the city learned that the extent of damage was far greater than they had expected and major renovation or replacement was needed. The city determined that it -26- would be less expensive to construct an entirely new building, so they tore down the damaged restaurant prior to reopening the pier to the public in January. The 2680 square -foot facility (Exhibit 3) will be situated on the same site and have substantially the same purpose and capacity as the original restaurant. The city has requested a $250,000 reimbursable grant from the Conservancy for this project (Exhibit 4). The former restaurant was a low -to- moderate cost visitor - serving facility at the end of the 1200 -foot pier. The reconstruction will return this service to the public. The pier is a major focal point of the Seal Beach waterfront, with-an estimated 50,000 visitors per year. There has been overwhelming public support throughout the process of restoring the Seal Beach Pier, and the community is eager to reconstruct the restaurant to complete the restoration (Exhibit 5). Project Financing- The-total cost of replacing the restaurant is estimated at $250,000. The recommended authorization would be repaid to the Conservancy at 8.86% interest over ten years beginning July 1, 1987, in yearly installments of $38,716. The restaurant revenues are tied to an existing master lease that includes the restaurant, the bait and snack shop, and the boat launching facility. The city has a commitment to provide the restaurant facility under that lease and will commit those lease revenues to repayment of the recommended authorization. Conservancy staff have reviewed the city's revenue projections and have determined that the revenues will be sufficient for repayment to the Conservancy. CONSISTENCY WITH CONSERVANCY'S LEGISLATION: The recommended grant is consistent with the legislative intent in establishing the Conservancy's Urban Waterfronts Program as described in Sections 31301 and 31305 of the Public Resources Code. The restoration of damaged public recreational facilities is among the purposes of urban waterfront restoration described in the legislative findings contained in Public Resources Code Section 31301. CONSISTENCY WITH COASTAL ACT POLICIES: The restoration of the restaurant at the end of the Seal Beach Municipal Pier will maximize public access and recreation opportunities (Public Resources Code Section 30210). The proposed Conservancy action would also provide lower -cost visitor - serving facilities in accordance with Public Resources Code Section 31213. 302-C3 -27- CONSISTENCY WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT: J. Bernier The project is categorically exempt from the provisions of CEQA as the reconstruction of a destroyed facility (Class 2) pursuant to Section 15302 of Title 14 of the California Administrative Code. The city has filed a Notice of Exemption (Exhibit 6). -28- 1 1 1 I I 41) 1rA +1 rNGL�J1r1� r GOOKOlusv err Lr.a.. lerr f � ,, M.' u.ru-r yJt I' -d I:Ier r#INH. TQP IrN0 L.or1N,✓_►I<44P • r1avN aoth}I 11 - ►wA1loN -anti- Iii SECTION A -4 LGOKI NG 111%�T 4.N.. - 1 - 1-10) (114 W- I'VAl14H 4560410 Val- IL, ,rrr riletk HMO- itrorrum OY.l4t. IcA e r W ION.VA"11•1I0 ez# .l► He'- IL, \maw +li j /xx -1101 �i raw 0.0 ri;q Y AVE L !.M�7�O,RA. Am,. a.M1a. TIOM R1n GOL77A4 %MAI Miro UPC. ■ RM.b IO.IIrt. 0100. .✓h Sol aI w+ai..a. C /LA91bIU.. QWptV 4a f/ 4 N wr rLUMs'44 a I....R ^rR'.i erlf m NlT+./w.T. KM.f V91rrT cw c•w riblPur attar I/MaN rllbrl'Ma� CR 12)1r' • 'I NF•, -. R.4. 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IA 10N 1. m 40/•• O► L�Ob / R 6 MOIL RISTAJAHIT + I grow 4,611411l19h AVM moss 9.R r,i ••r•elt 141114 Rep WO - WOO OP alaal/•YA 6(Air.Q 110,~14111 SIP MOW* MIlu0 M1V. •O' MAP. • *Nl 4.1 !q, • • 4'•41 meet 6«111^ OW Poe.` 0 P 0 TIPSMANI POP ‘4/ 4' •I • • hpl rNrAtte E•111i• Lama 11111: Ya pl1r.U1o151(N1: LOAM Mg OM. nMroGw11:047174. COMP aa•6. ; ro•U90 11151War. 9614 T11I ear j 1441. w'Ie14 tWOMP We Mir) I rowIgTI914Lr ` 6 Nat Ora. • - . *1.144 1041,1 WIZ 041 t Apo /'• %( • lever 1 2% 41•41 040 co OOP M .10-11 `11 -d j 11 01 1111.41 0' -*4 011 -tog e (`}19.111 j�ii441. {PP-91 H.00M1 FLAN 4, 1' hors: 911.1w. «1104 0044 w9111poW, 1 g OP. 114 Pia 4Z1AIIMp Pip.p1,0 9140 Gawp TO 1 paw ANIMATION PIPIL net OSA.1 909• ail• (o) rxalave b 91111 OMAN 11•44) 'A 'A /A "o4. Pi. • Ye or-so gl.•• _ �11s911» 111114:* mom sAms. Min saws A • NMTFOO 1.18' \ \ • • \ Lawn/ow. 61144. 1iw l' 411. Iari osf Q easen/W. rat► ~ma AS 114«17410 IMP. NtlM.RR b IYOTAJMnT C4Ar1110 W11.N7• 111rrei4 whilolw. iIYP01i a WV. GM* ltf44011 O&OA, («m1rn,^ WL✓) 6MU. p1 416440 MOP, 11( MP. OG /_ __� 11� P. MITYd Mr•TTf/ �� lea 11 `� 0. MO as owes a arr•11 9449 FOR PIMA, ZOLO 4NT 4.�M1MnIr'4 IMI94I Ii 0T1i.1111eYf. ai7I1141Ji a . EXHIBIT 3b N M • 1 t r •MdaPIRNP f•N q �� MI., (Tilt (WI 4t rAb. wawa, PPM, FVwsrs Map, NNW I•YO :.r c..• -era 111- 71 r (n1)4 MI• • �e+NiN A010TOVM,N 4 —GA', aii' MiD MKT W Vi/O 4$• MMmIN pT .7 l * ;me. tzI .dHlw rvrr Pc rNOMr•.P l 111i4&•• - ,4 Novo 66&71011 A•A 1,159#110 6AsT M'iTjlsll ....:. iplaiN ']I I ETH I jl I 7iiii tli nett FIEr_i• _L_IE'.�Iii • ' r.r+x.p „, " "MI �'O• � 1w• I IM \ n•, w1 N.•1• rm. Nii�•t�' -�; :•f�ipp'f1 .•.• .(•.qr."v 9r•�'r\g lc mz� ��!!�� 11 No,* •.NNp ,•nrM .M.o GTor •O 91. . c. .r1•ro v+� 00 -,.. i�rN Tq. :bit OA "4,., 1•.66. • �ONf1 . un®an al 11lal 6' d cca 0��r•f irm�2.1�0••r• ®N ND r►M W 44 • ••. ; YN1f�I•N16 Mal .�.� i1.7b /•••h .$t RV we. u.o. II ENM N Wrynl OA Warr•.. W41► N III •O ...wr•., 4C• d1••••'•v`n. • ®�•0`• r�0� ., �__��.. 1401�•_�-- �y l 5fi n/w 1►n A.q ®tlin=T .-� ii-L,T r NA.rll !•!3';JlTS: lETgr110' � wo••ir .•wre• ': • '• NrOA .,- �j�(� ■ awa ® ,'1' Ca T,1�. NAG •.1 % iFw'Or •!L Lryoa�latJw��•'�••-•••��• � 1��i�i I�II1 f ` : �,� aa!!��.56. ®fYMl•••.•_____ 11��11II��1,1•�.. �1W11011 • ,.-' • a \V� ®�.••.. �� i/Y •' -N4 .7 �� 1•°" ■UIIIUIIIU N 11.101 re 'N• 01:•IL Y••g11 IIUI ZION: �N ., �-__- DO---_____ f7A1. ®ca®_____ ■goo=�� tunas _I�APIN- M•Y. ,�a_[.ate �c_____ =_��■��+� =�� *IA/AC k irlIPIPOIROIM111ISPRIII� qTM,. w.r• /� X WIf1DOtY tYOTD9+ Yi 4166 ...66.66. mom Y Ir.1Y. rra. .■..' 1. •'.III.',M4T ®MO �N,r. N/ i�c►u's ,u.•men ... — rNr•gn l M- =- 1. W •Y• r• W1• Y Yrr.a*.. YY. r•1. `yl Y�.• W11 •� NY YY.. WY W r.W rw•YYram. l }• Y\ \14 `. W sr I ..•� .• A r•1• Yr. r... rY. rrq r.1•ly Warr rLL r.A•Ir0► ...■:11.611 �.■. ■ 1.0i � '. •.l — IY.•.• ••11�r/• y r -1N .Y• r... a1• Y•.Y Wall •41. •.• YY1r. Warr.O ...War i b MON�POPMP�MO�O - VB. WV 66.• &YW W •• .•.•6666• radar a or r•.•. •.rW 81•1••. •. r ar rr •••.• Y r.W w• r r•.1 rr •.•. w• • . s Warr. w• . •11 •••.•r •••••■ w. s� 6. mar= L. yrrt.. �r-6 r tl 4r 1.664106. 460161116 W 11..11.1.NML • Y ~ •W W1• Y•••.Y•• •66. 14/•••••••. w 1s.•. a 6. •War ••■• War Mad 0MM Y r. - thiinith rvet nil l\rix me. EXHIBIT 3c M M 1 ■u rw •u ........ , 1 •r 1Y, t ..t ...��` _•• ■ •4 {� Y a Y h��' Jr. ��' Yr■. i�� Ins I iF //��'Ir ■{ rrrrY � {{ rrY\ J■T u r■r 1 �� bpvwrt I- D run r nosn#. TRpTW -- .•4'A�KCf vu�µ 611..nrD ltl�. rer_ IMO Lww • R'MO Mt % MAM 1P4MW NMI HdTM�1 • �� TNMANIA MANASOAD MO MIS. a N. pttOA OP MRS OWN*. t GOONs1PIW MIT (T»:) Mfiglli WV. POP RAMP& wale Mal. Of Mir -W U ■ -r. Is Or ( YP )N A Innis. - nwT LYe&w OOrOnD V ru•eR am. ow ..--,\ WOOD Os Ow.. POO T RA)t •a • as ,aleo asa Info 114111A• r (SOUTH 6(4VAT10f1 WI•I'a � "MAO 1.. Ii OOrM►1M4 014M-w og (TOO VP OP MP. rim& ••=444 rLI,Mq,11,• odor PS KAMP ORMOOPO Cr ) �fIARIV. Wb9T PsollYAT1011 WI. I'-p I*rT no Pekordeno NRaA wallow-so ono. "1"1"%i PIONHantr- WO MAP ft. Ms. ■ thirtieth !H11y�ri 11n'Ililcct Inc. ■ EXHIBIT 3e 1;9 �I�I tel I IYv� iii I �IIH la I� I e7YI gag YA I�rnRn NW ■J•� u• •a! aes Ql1� el ail nil ui4 tQJI Lu � I ■�r 1 I (SOUTH 6(4VAT10f1 WI•I'a � "MAO 1.. Ii OOrM►1M4 014M-w og (TOO VP OP MP. rim& ••=444 rLI,Mq,11,• odor PS KAMP ORMOOPO Cr ) �fIARIV. Wb9T PsollYAT1011 WI. I'-p I*rT no Pekordeno NRaA wallow-so ono. "1"1"%i PIONHantr- WO MAP ft. Ms. ■ thirtieth !H11y�ri 11n'Ililcct Inc. ■ EXHIBIT 3e • YfAK; nAi " • •Vrer-moirsu.nort. Asiva 1•• nonsayks• a f I IWO votoomet WIT Iwo nom* • I, • I I"' . 1 . I NOT09. 1 cotriwArn sow+ WellOY Wl• 7 .twg 1=44 .2r puHrgvi tone 411,44 VP* mor+19,700 0i,49 tow MOW MAN zs..440 14- MR Mr 41WWIR40 IMMO WOO. -11411, SOUTH KL-pgrA 414 04.-1-011 1.111r51" 101,0VAllON I•c..441 iovA11014 MAST kg1410■71014 thirtipth sinyi ontitechi Inc. mamba II= • 1•••••••■ c EXHIBIT 3f RESOLUTION NUMBER 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE APPLICATION FOR A REIMBURSABLE CONSERVANCY LOAN FROM THE CALIFORNIA COASTAL CONSERVANCY THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, the City Council is desirous to rebuild the restaurant on the Seal Beach Municipal Pier which was damaged by the winter storms of 1983; and WHEREAS. the California Coastal Conservancy has for loans for such projects; and WHEREAS, installation of the pier restaurant is $250,000. funds available estimated to cost NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of Seal Beach does hereby authorize the application for a Reimbursable Conservancy Grant to secure funds in an amount not to exceed $250,000 to rebuild and renovate the restaurant on the Seal Beach Municipal Pier. PASSED. APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 4fiameday of ,qpipt.,Ai 1985, by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ATTEST: ity Clerk Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo. City Clerk of the City of Seal Beach. California, do hereby certify that the foregoing resolution is the original copy of Resolution Number $ /7,f on file in the office of the City Clerk. passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting thereof held on the , r , da of 1985. 1 ►ity erk -37- EXHIBIT 4 STATE CAPITOL SACRAMENTO, CALIFORNIA 95814 TEL: (916) 445 -8492 DISTRICT OFFICE 1945 PALO VERDE AVENUE SUITE 203 LONG BEACH, CALIFORNIA 90815 TEL: (213) 493 -5514 (714) 895.3787 Asseintilll (llatffurnia i.gw laturE DENNIS BROWN ASSEMBLYMAN, FIFTY -EIGHTH DISTRICT April 30, 1985 California Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, California 94612 Dear Conservancy Members: COMMITTEES: • • Finance and Insurance Revenue and Taxation, Vice - Chairman Ways and Means SUBCOMMITTEES: Ways and Means Subcommittee on Transportation, Chairman Ways and Means Subcommittee on Employee Compensation I am writing to respectfully request that the California Coastal Conservancy approve the City of Seal Beach's applica- tion for a reimbursable grant loan to be used for rebuilding and renovating a restaurant which will be located at the end of the Seal Beach Municipal Pier. By way of background, the storms of 1983 destroyed the Seal each Municipal Pier and the restaurant located on the pier. Now that the Seal Beach Municipal Pier is completed, the City is most anxious to start construction of a new restaurant and accordingly, has submitted an application to the Conservancy for a reimbursable grant loan. I am hopeful that the Coastal Conservancy will approve the City of Seal Beach's application so that this restaurant can be built and the public can then utilize and enjoy the facility. Your most serious consideration of this request will be greatly appreciated. DB:11m -38- Most ordially, DENNIS BROWN RECEIVED MAY 02 1985 STATE COASTAL CONSERVANCY OAKLAND, CALIF. EXHIBIT 5a To: X • • NOTICE OF EXEMPTION Secretary of Resources 1416 Ninth Street, Room 1311 Sacramento, California 95814 County Clerk County of Orange P.O. Box 238 Santa Ana, CA 92702 From: City of Seal Beach Planning Department 211 8th Street Seal Beach, CA 90740 ' Project it e: Reconstruction of Seal Beach Pier Restaurant Project Location - Specific: . Located at the end of a Pier which is located at a direct South- westerly projection from Main Street, Seal Beach, over the Pacific roject Location- ity: roject Location - County: Seal Beach Orange County Description o Nature, Purpose, and Beneficiaries of Project: Restoration and Reconstruction of Existing Public Pier. Name of Public Agency Approving Project: City of Seal Beach ame of Person or Agency Carrying Out Project: . Allen J. Parker, City Manager, City of Seal Beach I& R-T..T. . Rmwomv «..sir.,•.. Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 (a)) Emergency Project (Sec. 15071 (b) and (c)) • -- Categorical Exemption. State type and section number. Class 2, replacement or reconstruction, Section 15302. Reasons why project is exempt: The project consists of the replacement and recon- construction of an existing restaurant located at the end of a Municipal Pier where the new structure will be located on the same site as the structure replaced and will have substantialy the same purpose and capacity as the Pier structure replaced. Contact Person John M. Baucke Area Code Telephone Extension (213) 431 -2527 213 Date September 7, 1984 -40- 2oh n P1. B,e u e rinlanner EXHIBIT 6 1•• COMMITTEES: SENATE EDUCATION VICE CHAIRMAN REVENUE AND TAXATION /e TRANSPORTATION ,� %/�/� California • • „State nut MARIAN BERGESON SENATOR. THIRTY - SEVENTH DISTRICT MINORITY WHIP April 29, 1985 ,- Joseph Petrillo Executive Officer California Coastal Conservancy 1330 Broadway, #1100 Oakland, California 94612 Dear Mr etr : COMMITTEES: AGRICULTURE AND WATER RESOURCES PUBLIC EMPLOYMENT AND RETIREMENT This letter is in support of the City of Seal Beach's request for a reim- burseable Conservancy loan to rebuild the restaurant at the end of the Seal Beach Pier. As you know, the Pier and the restaurant were severely damaged in 1983 by the storms Southern California experienced. It is my understanding that the Conservancy will be holding a hearing on this request in early May, and I wanted to take this opportunity to indicate my support and enthusiasm for the City's request. I believe that the Coastal Conservancy approval of such a request will assist in providing a benefit to the cammunity -at- large. I appreciate your time and consideration. If I may answer any questions concerning my strong support for this project, please feel free to contact me. Very Truly Yours, MARIAN BERGESON Senator, 37th District RECEIVED !4;'°'0.1385 M13 /3b STATE COASTAL CONSERVANCY cc: Allan Parker, City Manager, Seal Beach -39- OAKLAND, CALIF. EXHIBIT 5b j ❑., CAPITOL OFFICE STATE CAPITOL. SACRAMENTO. CAUFORNIA 95814 TELEPHONE: (91 6) 445 -4961 DISTRICT OFFICE 140 NEWPORT CENTER DRIVE. SUITE 120. NEWPORT BEACH. CAUFORNIA 92660 TELEPHONE: (714) 640-1137 • r• �, • • EXHIBIT INDEMNIFICATION AND STANDARD PROVISIONS 1. The Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this contract. 2. The Grantee, and the agents and employees of the Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. 3. The State may terminate this Agreement and be relieved of the payment of any consideration to the Grantee should the Grantee fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Grantee under this Agreement, and the balance, if any, shall be paid the Grantee upon demand. 4. Without the written consent of the State, this Agreement is not assignable by the Grantee either in whole or in part. 5. Time is the essence of this Agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid the Grantee, as provided herein, shall be in compensation for all of the Grantee's expenses incurred in the perforemance hereof, including travel and per diem, unless otherwise expressly so provided. .,;k Page !'wi,mr.med Materials and Equipment Labor Costs Sub- Contracts Miscellaneous Costs urciase nvo ce ,moun ass Unit Hour y Amount .Contract Paid Amt. Doc. Inv. Amount Order No. Number • Rate No. Name Warrant I No. No. • • • • • • • * ..* * ,� rotais • :Should Agree With Total Cost of Project This Period on Page 1 • Ocn n L / 7:1 O D z O O n • 3 1. N A CD , N C) . * -s --1 c+ CJ) G7 r- --4 • r O O -s CD O O O Q n fl) O :J c+ r+ N c O N -1 -s O N SL QJ c ,v - (D rr cm N u" C1) 9 .Z7 h+ C7 y a) n a O.0.. CD OO c+ s, o o 0 O O -s r) a �N N 'o CD c+ (1) o • • —i s O D -s N a CD -s CD < CD 7 N O Cu J.• O C< c+ cc.; cO+cn a' 73 r) � CCDD Cu O r; C ^S O c+ n (J) 0 -S O' CD 0_ CD - �! J• O .0 C7 O Cu VI (D J. 0 Q Nn —I CL C, v J. 0 O' O n -5 C0 a fD 0_O 'O Cp .. a J. CD [D - �0_CD 0 <n - c+ -s fl) CD c+ J. cp 7K- n 0. c+ 0. n ct - • c+ 0 ,, sal CD S Z N Cu 0_ 7C' ci' Cu Cu N O' n a sv CL Cp Cu N •i C1. Cr n) O CD c+ -5 CS CD O CJ. O c+ CD c0 0 CS 's CL c+ J. cu O < Jc+J.CD CD N C1. n M- O N Cu O O C]) < 0) 0. c+ co (n J. J. cf' N Cr Cr --'• -h CD CD O Cu CD fD O n O O N c-h • O • Local or Other Share Conservancy Share Total Materials & Equipment Labor Costs Sub - Contracts Other ;C) :O 0• L (D rp 2 Total Approved Budgeted Amount (1) * Cost of Project This Period (2) Previously Reported Costs (3) Total Costs To Date :,aagwnN 4ue,a9 • —4 0 • LA r O D Cc" C-1 C-) CD D u -< r CS) c7 ►-+ N O c .• Cf) —i m m . r-+ or) CD -< m N —i -n 0 m m x c -o z 0) .. cn (0 Q m CD ■■i -i m - • D G, CD O. -s -5 0. Cl) J. 0 co C• N CD N Cp C) •• .. 0 co CD i3. m x m —1 m N • • • EXHIBIT C LIST OF ASSURANCES The applicant hereby assures and certifies that it will comply with Conservancy regulations, policies, guidelines and requirements as they relate to the acceptance and use of Conservancy funds for this project. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that where appropriate, a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will have sufficient funds available to meet its own share of the cost for projects. Sufficient funds will be available when the project is completed to assure the effective operation and maintenance of the facility for the purposes constructed. 3. It holds sufficient title or interest in the property to enable it to undertake lawful development and construction of the project. In the case where the Grantee is acquiring an interest in the property as a part of the project development such title documentaiton shall be reviewed by the Executive Officer of the Conservancy. 4. It will not dispose of or encumber its title or other interests in the site and facilities except as permitted by the Conservancy. 5. It will give the Conservancy, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the Conservancy that funds have been approved and that the project will be carried to completion with reasonable diligence. 7. It will, where appropriate, comply with the requirements of the State's Braithwaite Act (Chapter 1574, Statutes of 1971 and related statutes), which provides for fair and equitable treatment of displaced persons. 8. It will, where appropriate, comply with the requirements of the California Environmental Quality Act. 9. It will comply with all requirements imposed by the Conservancy concerning special provisions of law, and program requirements. • s. • • • EXHIBIT E NONDISCRIMINATION CLAUSE (ocp - 2) 1. During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sea, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sea. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135 - 11139.5) and the regulations or standards adopted by the awarding State agency to implement such article. 3. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 4. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. STAN. ^APP AGREEMENT 411 GENERAL STATE OF CALIFORNIA STD. 2 (REV. 6/811 • THIS AGREEMENT, made and entered into this 26th day of December , 19 84, in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting ❑ CONTRACTOR ❑ STATE AGENCY ❑ DEPT. OF GEN. SER. ❑ CONTROLLER 0 0 0 TITLE OF OFFICER ACTING FOR STATE Executive Officer hereafter called the State, and City of Seal Beach AGENCY State Coastal Conservancy 83- 114- 84 -09 -A Amend 1 hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) The State Coastal Conservancy (hereafter called the "Conservancy ") and the City of Seal Beach (hereafter called the "Grantee ") agree to amend their existing Agreement No. 84114- 84 -09 -2 by extending the "Completion Date" from January 1, 1985 to February 28, 1985. All other terms and conditions of the original Agreement shall remain in effect. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. / STATE OF CAUFORNIA CONTRACTOR Mitrist.a onservan CONTRACTOR (IP OTHER THAN AN INDIVIDUAL STATE WHETHER A CORPORATION. PARTNERSHIP. ETC.) City of Seal Beach BY (AUTHORI, n / s41 ✓_". • ti TITLE A ,% en J. Parker Cit. Mana•er CONTINUED ON _ SHEETS. EACH BEARING NAME OF CONTRACTOR ADDRESS S _ _ _ • _ • Department of General Services Use Only AMOUNT ENCUMBERED 88 100.00 PROGRAM /CATEGORY (CODE AND TITLE) Local Assistance FUND TITLE : a • arklands Bond UNENCUMBERED BALANCE (OPTIONAL USE) Urban Waterfronts ADJ. INCREASING ENCUMBRANCE ITEM ate•dr 2 of Subdivisi• CHARTER C of ,-ction STATUTE '096 FISCAL YEAR -151 ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE) Seal Beach Pier Restoration 1 hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. T.B.A. NO. B.R. NO. SIGNATURE OF ACCOUNTING OFFICER DATE 1 hereby certify that all conditions for exemption set forth in State Administrative Manual Section 1209 have been complied with and this document is exempt from review by the Department of Finance. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY III DATE 74( • . 1. The Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, . materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims ar.d losses accruing or resulting to any person, firm or corporation who may be..injured or damaged by the Grantee in the performance of this contract. 2. The Grantee, and the agents and employees of Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees cr agents of the State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Grantee shoald Grantee fail to perform the covenants herein contained at the time and in the manner herein provided. In the e. ;art of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be de-!,n---,d from any scum due the Grantee under this agrees _nt, and the balance, if any, shall be paid the Grantee upon d em an,q . 4. Without the writ__n consent of the State, this agreement is not assignable by Grantee either in whole or in part. 5. Time is the essence of this agreement_ 6. Ea alteration or variation of the terns of this contract shall be valid unless made in writing and signed by_the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the perform- ance hereof, including travel and per diem, unless otherwise expressly so provided. r State:of ( *ornia Memorandum DATE: December 26, 1984 • *RESOURCES AGENCY OF CALIFORNIA State Coastal Conservancy TO: Joanne M. Yeo, City Clerk City of Seal Beach City Hall, 211 Eighth St. Seal Beach, CA 90740 FROM Donna Greene Contracts Assistant SUBJECT; Agreement No. 83- 114- 84 -09 -A, Amend 1 XX Telephone: (415) 464 -1015 Please sign all copies of the enclosed agreement. Return all copies for further processing to the address shown below. When fully executed, an original copy will be sent to you. (Please make certain all copies have original signatures.) Please sign all copies of the enclosed agreement. Retain one original copy for your files and return the remaining four to the address .shown below. (Please make certain all copies have original signatures.) Please sign all copies of the enclosed agreement. Retain one original copy for your files. A resolution accepting the grant and its conditions must accompany the agreements when you return all remaining copies to the address shown below. (Please make certain all copies have original signatures.) Attached for your records is one fully executed copy of the above- referenced agreement. Please initial the change(s) on all copies of the attached agreement as indicated and return all copies for further proecssing. Please continue to contact Jacki Berner. regarding this project. Return to: Contracts Manager State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612 ATSS 561 -1015 t ., 1„ 1 ••' +T... +' y s- �'?+°)s"��.17' +� :tlTTTORNE7 GEr;E : ?qL ❑ CONTRACTOR 5T•�•' +'. O: C A_IrO: ^:NIA ❑ STATE AGENCY S70. 2 ,REV. 5 •`.:1; ❑ DEFT. OF GEN. SER. ❑ CONTROLLER THIS AGRLEMENT, made and entered into this 6th day of June 19 84 , ❑ is the State of California, by and between State of California, through its duly elected or appointed, ❑ qualified and acting ❑ TITLE OF OFFICER ACTING FOR STATE AGENCY NUMBER Executive Officer State Coastal Conservancy 83- 114- 84 -09 -A hereafter calved the State, and City of Seal.Beach hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set .forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) SCOPE OF AGREEMENT Pursuant to its authority under Section 31307 et seq. of the Public Resources Code, the State Coastal Conservancy (hereafter called the Conservancy) hereby grants to the City of Seal Beach (hereafter called the Grantee) a sum not to exceed eighty -eight thousand one hundred dollars ($88,100). The funds are to be used to repair storm damage and make improvements to the Seal Beach Pier as described in the Conservancy's Staff Recommendation and Project Synopsis of March 22, 1984, attached hereto as Exhibit 1 and incorporated herein by reference. The total project consists of the replacement and /or repair of portions of the pier structure and facilities that were lost or damaged during the 1983 winter storms and construction or other improvements to increase public recreational use of the pier. The estimated costs of the project, broken down into specific components, and the allocation of these among the Federal Emergency Management Agency (FEMA), the Grantee, and the Conservancy, are as follows: (Continued on the following pages.) The provisions on the reverse side hereof constitute a part of this a_ greement. ' IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CAUFORNIA CONTRACTOR • AGENCY State Coastal Conservancy CONTRACTOR (IP OTHER -THAN AN INOIYIOUAL. STATE WHETHER A CORPORATION. PARTNERSHIP. ETC.) • - • • _ A RE) i. iIT 'r �. tive Officer TITLE . ity Manager, City of Seal Beach ONTINUEC ON _ SHEETS. EACH BEARING NAME OF CONTRACTOR ADDRESS p 211 - 8th St. Seal Beach, CA 90740 Department of General Services Use Only • AMOUNT ENCUMBERED 8 88,100.00 PROGRAM /CATEGORY (CODE AND TITLE) Local Assistance FUND TITLE 980 Parkl ands Bo UNENCUMBERED BALANCE .• (OPTIONAL USE) Urban Waterfronts ADJ. INCREASING ENCUMBRANCE . ITEM Category 2 of Subdivis CHARTER on C of STATUTE Section FISCAL YEAR 5096 -15 ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE) Seal Beach Pier Restoration 1 hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. T.B.A. NO. B.R. NO. DAT)E 1 hereby c f y t at all conditions for exemp ' set forth in State Administrative Nanual Section ..09 have en complied with and this drum is exempt from review by the Department of Finance. SIGNATU OF OFFICER GNIN� /�.$0$ B OF THE DATE d .1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting .to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents. and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained. at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance; if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is the essence of this agreement. _. 6. No alteration or variation of the terms of this contract shall be valid unless. made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. ` 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses - incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. • • Page Two Contract #83- 114- 84 -09 -A Total FEMA Conservancy Grantee Lifeguard Tower $32,200 $24,150 $ 4,025 $ 4,025 Landings, gangway 15,700 11,775 1,970 1,970 and hoists Bait Shop 21,800 16,350 2.,725 2,725 Snack Shop 18,000 13,500 2,250 2,250 Telephone 4,800 3,600 600 600 Restaurant (minor roof 200 50 25 25 repair Fender pile and system 31,400 23,550 3,925 3,925 _(_FEMA eligible) Mounting system and 55,700 0 27,850 27,850 boat mooring Structural piles to 62,100 0 31,050 • 31,050 support fender piles Handrail and misc. 15,000 0 7,500 7,500 concrete work Slurry seal 2,300 0 1,150 1,150 Engineering and 15,550 5,590 4,950 4,950 Inspection TOTAL $274,865 $98,665 $88,100 $88,100 Each grant of Conservancy funds shall be matched by the Grantee on a one - for -one basis in addition to the provision of Federal Emergency Management Agency (FEMA) funds for storm damage repair. The Grantee shall submit a detailed project budget substantially consistent with Exhibit 1 and construction drawings previously submitted to the Conservancy for review and written approval of the Executive Officer of the Conservancy (hereafter the Executive Officer). This budget shall contain a detailed analysis of project costs for each component of the improvements to be funded under this Agreement. It shall also contain a list of all funding sources, including the Conservancy's grant and any additional sources of money, materials or labor in sufficient detail to assure the Conservancy that all necessary funding for the project has been secured. • • • .Page Three Contract #83- 114- 84 -09 -A Any construction contractor(s) engaged by the Grantee to complete any portion of the project funded under this Agreement shall furnish a performance bond in favor . of the Grantee in the following amounts: for faithful performance, 100 percent of the contract value; for labor and materials, 100 percent of the contract value. The Grantee shall erect a sign or signs on the project site crediting the Conservancy for its funding assistance. The sign or signs shall be permanent and easily visible to persons entering onto the pier. The number, design, placement,and wording of such signs shall be submitted to the Executive Officer for review and approval prior to installation. Final payment may be withheld pending placement of the sign • or signs in the manner approved by the Executive Officer. The Grantee shall obtain any permits and approvals required to implement this project and agrees to comply with all applicable laws and regulations. Upon completion of the project described above, the Grantee shall supply the Conservancy with evidence of such completion by submitting an inspection report by the Grantee's public works director certifying completion of the project according to the plans and specifications submitted to the Conservancy; and a final "Request for__Reimbursement of Expenditures" form (Exhibit 2). CONDITIONS PRECEDENT TO PAYMENT No disbursement of funds shall be made under this Agreement until the following conditions have been met: 1) A resolution has been approved by the City Council of Seal Beach which approves this Agreement, and agrees to all conditions contained in the attached "List of Assurances" (Exhibit 3, incorporated herein by reference). 2) The Grantee has demonstrated to the satisfaction of the Executive Officer that it has obtained the funding necessary for the completion of the entire project as described in Exhibit 1. 3) The California Coastal Commission has determined that this project is consistent with aRjsupportive of the Commission's action of conditionally certifying the Local Coastal Program land use plan for this area. 4) An authorized representative of the Grantee has certified in writing that the Grantee has obtained any permits necessary to complete the project under applicable local, state, and federal laws. 5) The Executive Officer of the Conservancy has approved in writing the final design plans and project budget required under this Agreement. 6) The Grantee has provided written notification to the Conservancy of all contractors selected for this project and written evidence of compliance with the bonding requirements described in the "SCOPE OF AGREEMENT ". • Page Four Contract #83- 114- 84 -09 -A COST AND PAYMENT Upon determination by the Executive Officer that all "Conditions Precedent to Payment" have been fully met, the Conservancy agrees to pay the Grantee, in accordance with the budget set forth in the "SCOPE OF AGREEMENT ", a total amount not to exceed eighty - eight thousand one hundred dollars ($88,100). Payments shall be made in increments, as separable portions of the project are completed, on the basis of costs incurred, less ten percent (10 %). The Grantee shall request payment no more frequently that monthly by filing with the Conservancy completed "Request for Reimbursement" forms • (Exhibit 2) which contain the name and address of the Grantee, the signature of an official authorized by the Grantee to sign such invoices, the date of the submittal, the amount of the invoice, and anitemized description of all work done for which payment is requested. Additionally, the invoice shall be accompanied by any supporting invoices or other source documents from subcontractors hired by the Grantee to complete any portion of the project funded under this Agreement, and shall be accompanied by written substantiation of the completed portion of project for which payment is requested. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The Grantee shall expend funds in the manner described in the budget approved by the Executive Officer as required in the "Scope of Agreement ". The allocation of the Conservancy's total grant among various items as shown in the "Scope of Agreement" may vary by as much as ten percent (10 %) without approval by the Executive Officer. Any difference in allocation among budget items of over ten percent (10 %) must be approved in writing by the Executive Officer. The Conservancy may Withhold payment for changes in particular budget items which exceed the amount allocated to budget items in the "Scope of Agreement" above by more than ten percent (10 %) and which have not received the approval of the Executive Officer. The total amount of this Agreement may not be increased except by amendement to this Agreement; and any increase in funding for any particular budget item shall therefore, mean a corresponding decrease in funding for other budget items in the absence of such an amendment. TERM OF AGREEMENT The term of this Agreement shall run from the above written effective date of this Agreement and shall continue until January 1, 2005, or 20 years from the completion date, unless otherwise terminated or amended. The Grantee agrees to complete construction of the project by January 1, 1985 ( "Completion Date "). On or before the Completion Date, the Granteeshall submit to the Executive Officer the final inspection report described in the above "Scope of Agreement" along with a final "Request for Reimbursement of Expenditures" form (Exhibit 2). Prior to the Completion Date, either party may terminate this agreement for any reason by providing the other party with seven (7) days notice in writing. • • Page Five Contract #83- 114- 84 -09 -A In the event of termination by the Conservancy, prior to the Completion Date, the Grantee agrees to take all reasonable measures to prevent further costs to the Conservancy under this Agreement, and the Conservancy shall be responsible for any reasonable and non - cancellable obligation incurred by the Grantee in the performance of this agreement until the date of the notice to terminate, but only up to the unpaid balance of funding authorized in this agreement. In the event that the Grantee terminates this Agreement prior to the Completion Date as defined above, Grantee shall be liable for repayment to the Conservancy of all amounts paid by the Conservancy under this Agreement. The Conservancy may at its sole discretion consider extenuating circumstances and not require payment for work partially completed. OPERATION AND MAINTENANCE The Grantee agrees to operate and maintain the Seal Beach Pier as a public accessway and recreation area for a period of at least twenty (20) years from the Completion Date -of this Agreement. The Grantee further agrees that, throughout the Term of this Agreement, the Seal Beach Pier shall be used only for purposes consistent with this grant and that no other use of the property shall be permitted except by specific act of the Legislature. Public restaurants and other visitor serving facilities shall be considered consistent with this grant. The Grantee shall maintain and repair any and all improvements which are located at the project site except in the case of natural disasters beyond the control of the Grantee. The Conservancy shall notbe:liable for any cost of such maintenance, management or operation. The Grantee may be excused from its obligation for operation and maintenance of the project during the twenty (20) year term of this Agreement only upon the approval in writing of such a request by the Executive Officer. Such approval shall not be unreasonably withheld. INSPECTION The Grantee shall permit the staff of the Conservancy to visit the project site at • reasonable intervals to determine whether the project is proceeding in accordance with the construction drawings apprd€d by the Executive Officer. LIABILITY The Grantee waives all claims and recourse against the Conservancy, including the right to contribution for any loss or damage arising from a growing out of, or in any way connected with or incident to this contract, except claims arising from the concurrent or sole negligence of the Conservancy, its officers, agents, and employees. • 1 Page Six Contract #83o- 114- 84 -09 -A The Grantee shall indemnify, hold harmless, and defend the Conservancy, its officers, agents, and employees, against any and all claims, demands, damages, costs, expenses, or liability arising out of the existence or failure of this grant project including, but not limited to, the acquisition of property and the design, construction, operation, or maintenance ofimprovements. If the Conservancy is named as co- defendent with the Grantee pursuant to Government Code Section 895 et seq., the Grantee shall represent the Conservancy unless the Conservancy elects to represent itself. If the Conservancy undertakes its own defense, it shall bear its own litigation costs, expenses, and attorney's fees. AUDITS /ACCOUNTING /RECORDS The Grantee shall maintain satisfactory financial accounts, documents and records for the project and shall make them available to the Conservancy staff for auditing and inspection at reasonable times and intervals. Such accounts, documents and records shall be retained by;the Grantee for three years following the termination of this Agreement or completion of contruction, whichever is sooner and shall be subject to examination and audit of the Auditor General during this period. The Grantee may use any generally accepted accounting system, provided such system meets minimum requirements as may be established by the State of,California. INCORPORATION OF EXHIBITS TO THIS AGREEMENT The three attachments to this Agreement entitled "List of Assurances" (Exhibit 3) "Indemnification and Standard Provisions" (Exhibit 4), and "Nondiscrimination Clause" (Exhibit 5), describe additional rights and responsibilities of the Conservancy and the Grantee arising out of this Agreement. Each of these Exhibit's is an integral part of this Agreement, and each is incorporated herein by this reference. COORDINATOR All actions and approvals required to be taken by the Conservancy under this Agreement shall be taken by the Executive Officer of the Conservancy or his designee. Jacqueline Bernier is designated the Conservany's project Coordinator for any problems or questions which may arise concerning the implementation of this Agreement. RESOLUTION The signature of the Executive Officer of the Conservancy on the first page of this Agreement certifies that at its March 22, 1984 meeting, the State Coastal Conservancy approved a grant of eighty -eight thousand one hundred dollars ($88,100) to the Grantee • Page Seven Contract #83- 114- 84 -09 -A 1 • for the development of the project described in the attached Conservancy Staff Recommendation and Project Synopsis (Exhibit 1). This Agreement shall be deemed executed and effective upon the receipt in the offices of the Conservancy of the Agreement which has been signed on the first page by an authorized-representative of the Grantee and which is accompanied by a resolution adopted by the City Council of the City of Seal Beach agreeing to accept the grant funds authorized herein and to abide by the terms and conditions of this Agreement. . This Agreement is deemed to be entered into in the County of Alameda. .r. • • EXHIBIT 1 STATE COASTAL CONSERVANCY Project Synopsis March 22, 1984 SEAL BEACH PIER File No.: 84 -09 APPLICANT: City of Seal Beach, Orange County (Exhibit 1) PROJECT SITE: Seal Beach Pier (Exhibit 2) PROJECT SUMMARY: Repair of 1983 storm damage to the Seal Beach Pier. Specific components recommended for funding by the Conservancy include the lifegaurd tower, bait shop, snack shop, landings, restaurant, ladders, and Fender pile system, and handrail and lighting on the concrete portion of the pier. PROGRAM CATEGORY: Urban Waterfronts (Storm Disaster Relief Grants) FINANCIAL SUMMARY: Total Cost FEMA City /County /Save Our Pier Wildlife Conservation Board Recommended Conservancy Share 1,875,000 1,146,000 386,000 255,000 88,000 STAFF DISCUSSION Site Description: The Seal Beach Pier, a 1200 -foot city -owned recreational pier located at the foot of Main Street in the City of Seal Beach, has an estimated 50,000 visitors a year. Improvements to the pier include a lifegaurd tower, bait and tackle shop, snack shop, public restrooms, boat landings and hoist, utilities, and a restaurant on the seaward end. PROJECT SUMMARY: During the winter storm of 1983, 900 linear feet of pier were completely destroyed and an additional 200 linear feet were damaged beyond repair. The 100 -foot end section and the restaurant sustained minor damage. Also lost were the lifeguard tower, two boat landings, gangways, portions of the Fender piling system, and the pier support for the snack and bait shop. Repairs include: reconstruction of the destroyed and damaged- beyond- repair portions of the pier (1100 -99- • • linear feet); repair of the end (6000 square feet); replacement of the damaged fishing platforms, two boat landings and mooring facilities, the lifegaurd tower, and all utilities; repair of the restaurants; and removal and replacement of the bait shop (340 sq. ft.) and snack shop (200 sq. ft.). A 20 x 10 foot area will be added to the end of the pier to provide more useable open space and a wide section will be added near the center to provide an area for benches and sight- seeing. In order to mitigate against future storm damage, the city will install 16 -inch butt diameter pilings in place of the 14 -inch butt diameter pilings that were lost and will modify the bracing system and connectors of straps, pile caps and stringers. In addition, the deck height of the pier will be increased approximately 3 feet in the areas reconstructed, and the city will replace the handrail and lighting on the inward concrete portion of the pier. FUNDING SUMMARY: The FEMA estimate for the structural rehabilitation and replacement of utilities was $1,613,000.00. FEMA will pay $1,146,000. The city estimates the total cost (including the deck additions and hazard mitigation) to be $1,875,000.00. The Wildlife Conservation Board will contribute 50 percent of the FEMA match and 50 percent of the additional costs for eligible items -- those that relate to public fishing/ recreation. Orange County will pay up to $190,000 of the city's remaining share after all other sources have been exhausted. "Save Our Pier" raised $100,000 from private sources to help meet the city's remaining share. The funding sources for the project are: Estimated Total Cost 1,875,000 FEMA 1,146,000 WCB 255,000 County 190,000 City 196,000 Recommended Conservancy Share 88,000 -100- • • The specific components recommended for Conservancy funding are: Total FEMA Conservancy Lifeguard Tower 35,000 26,250 4,375 Landings, gangway and hoists 48,000 36,000 6,000 Bait Shop 25,000 18,750 3,125 Snack Shop 18,000 13,500 2,250 Telephone 48,000 3,600 600 Restaurant 1,000 750 125 Fender piles 30,000 8,000 11,000 Boat mooring & fender pile mounting system 30,000 0 15,000 Structural piles to support fender piles 44,000 0 22,000 Lighting on inland concrete section 20,000 0 10,000 Handrail and misc. concrete work 23,000 0 11,500 Slurry seal for parking lot and 400 ft. of deck 2,400 0 1,200 Engineering and Inspection 6,000 4,500 750 Total Recommended Conservancy Grant 88,000* *Figure rounded to nearest 100 -101- • • CONSISTENCY WITH DISASTER GRANTS GUIDELINES: The project to repair the Seal Beach Pier meets the following Storm Damage Relief Grants guidelines: 1. Local Contribution -- Seal Beach, as a city and a community, has been active in obtaining local funding to match any other available funding to restore the pier (FEMA, WCB, Conservancy). "Save Our Pier ", a local citizens group, raised $100,000 from private donations to help the city meet the match required by these different sources, and the city will match the Conservancy contribution on a one - for -one basis. 2. Other Funding Sources -- The city has obtained funding from FEMA, the Wildlife Conservation Board, Orange County's Department of Harbors, Beaches and Parks, and private sources for this project. 3. Need -- The cost of this project is too high for the city to pay all costs in addition to FEMA, 'the WCB, and the county contributions from the general fund. The Conservancy's contribution will bring down the city's share of the costs so they can complete the project and take advantage of all possible sources of funding. 4. Urgency -- Repair of the pier and structural improve- ments are needed to reopen the pier and protect it from future storm damage. The city expects a large increase in tourism this summer because of the Summer Olympic Games in Los Angeles; the city's goal is to reopen the pier by this time to accommodate the influx of visitors. 5. Completeness -- The city has not insured the pier; however, their hazard mitigation measures were designed to protect the pier from future storm damage. These measures have been approved by FEMA as adequate protection. The city has submitted a pier operations and maintenance schedule. 6. Repayment -- Although the pier has some commercial uses, in the past pier revenues have not been sufficient to cover all expenses related to the pier. Since this project will provide no new revenue sources, there is no potential for Conservancy reimbursement from this project. 7. Consistency -- Seal Beach's land use plan for their Local Coastal Program was conditionally approved in June 1983. This project is consistent with the plan as conditionally approved; none of the conditions pertained to the pier. 8. CEQA Compliance -- As the repair of a damaged facility, this project is exempt from CEQA. The city has filed a notice of exemption (Exhibit 3). -102- C ----- ••01,1 at•e0.7■• 1.■X'• _ • Leisdre World .0 •// Pitso r rrec 97 Ij IlkM11•11,MOV 23 24 25 HUNTINGTON • Sunset Beach .• r 26 Reproduction of this map or any portico thereof constitutes infringement of copyright. -103- 27 •1h4 No, STATI 28 MAU N E 1-1113IT I To: 1 1 x J • • NOTICE OF EXEMPTION Secretary of Resources 1416 Ninth Street, Room 1311 Sacramento, California 95814 County Clerk County of Orange P.O. Box 238 Santa Ana, CA 92702 From: City of Seal Beach Planning Department 211 8th Street Seal Beach, CA 90740 RECEIVED FEB 2 91984 "'roject itle: • STATE COASTAL CONSERVAN Reconstruction of Seal Beach Pier OAKLAND, CALIF. roject Location - Specific: A direct-southwesterly projection from Main Street, Seal Beach over the Pacific Ocean. 'roject Location -City: Project Location - County: Seal Beach Orange County 'escription of Nature. Purpose, and Beneficiaries of Project: Restoration and reconstruction of existing public pier. Name of Public Agency Approving Project:, City of Seal Beach Name of Person or Agency Carrying Out Project: City of Seal Beach - Larry Stickney, Assistant City Engineer Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 (a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number. Class 2. replacement or reconstruction, Section 15302 Reasons why project is exempt: The project consists of the replacement and reconstruction of an existing Municipal Pier where the new structure will be located on the same site as the stru�turg replaced and wil 1 have substantially the same purpose and capacity as �� ? _lor ctrur+nrp rp rp4 Contact Person Area Code Telephone Extension John M. Baucke (213) 431 -2527 213 Date February 22, 1984 -105- Y ri C) r N CO r-a W 1 0 S.. Total Costs To Date I I ' ' .Previously Reported 1 Costs • ' (3) • • Cost of . Project This* Period (2) Total Approved. • Budgeted • Amount .. (1) • • Budget Item Labor Costs Sub - Contracts • Other . I Total Conservancy Share Local or Other Share • o Cr: •-3 () 0 0 C) r •r G)4 -+%-.0 .0 N •r tn C) 4.1 S:: r3 > r3 0 (1) U .0 -0 tel 4-s r-) C) •r S_ r-- > O r' •r 4.3 i •r 4-3 113 C3.0 0.0 0 -)-C •� 410 0 S.- .r- 0 O 0 C r•✓ U I3 C- rd en r 10 ;-, -NC S._ r3 V) C 0 -C O•r- U i-3 d.3 U - , � r.S -Ne o 4-1 C} S- 4-•) U > C O CJ .- 0 0 •r- 1 r- 0 - C:." -0 0 E S.. C.) 0 •r Cl.. r3 N • • • • • 4-a • • • ••-• • • • • • C r3 CT • - 0 C • • • C 1- .r- MI • • •r- O 4-3 O • • 4-14- •r- • • S.. S • • 0 0 0 0 • • Q.r U CS. • '0 U • 0 •-2 ("0 0 N • 4-2 Cr- •r • N 0•r 0 •C • 0 E to +3 +- • = >) > 0 • Cr r3 r3 •r- N • 0 0. Nr- 4- Z 0 - O 0 >, 0 0 S.. C U.C.- 0 0 .- -C 4-1 •0 O 4-, •r- 10 N 4- +) C S- +o C 4-1 0 •r 0 04-1 0 U +- C i 3 i iU ( 0 N •r- r E 4-3 O = e- rd CU O•C) -- -C 0 -L7 U -0 S- (-3 (/) U •F) C S. = C S.- c CO o •, 0 >) C) 0 VI > M4-1 U d E N 4-3 (3 a •r- C 0 4-1 c: -c E 3 co C tri c_V S- I-- O E 0 +3 0 r3 U 0 O N C 'p U S- c3. rn • E U S_ O C N U S` o �c •r• 0 O 0 O r r3 O O CO 10 -0 E LL C-3 .--4 0 .r- co - r- 17 r- (/) r- 4 - 1. 0 0 0 S - r13 N S. L S_ N O T) 0 4-3 4.1 N r3 O 0 U CO t C 0 0 S- O 0-C 0 C N 3'3 1- J Ur (n 4--r F- S- 0) qc S- ' -r- C'3 U) Conservancy share of Costs this Period • EXHIBIT 3 LIST OF ASSURANCES The applicant hereby assures and certifies that it will comply with Conservancy regulations, policies, guidelines and requirements as they relate to the accep- tance and use of Conservancy funds for this project. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that where appropriate, a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all unders.tandings.and assurances contained therein, and directing and authorizing the person identified as the offical representative of the applicant to act in connection with the application and to provide such addi- tional.inforr„ation as may be required. 2. It will have-sufficient funds available to meet its own share of the cost for projects. Sufficient funds will be available when the project is completed to assure the effective operation and maintenance of the facility for the purposes constructed. 3. It holds sufficient title or interest in the property to enable it to undertake lawful development and construction of the project. In the case where the Grantee is acquiring an interest in the property as a part of the project development such title documentation shall be reviewed by the Executive Officer of the Conservancy. 4. It will not dispose of or encumber its title or other interests in the site and facilities except as permitted by the Conservancy. 5. It will give the Conservancy, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will cause work on the project to be commenced within a reasonable time after receipt of notificaiton from the Conservancy that funds have been approved and that the project will be carried to completion with reasonable diligence. 7. It will, where appropriate, comply with the requirements of the State's Braithwaite Act (Chapter 1574, Statutes of 1971 and related statutes), which provides for fair and equitable treatment of displaced persons_ 8. It will where appropriate, comply with the requirements of the California Environmental Quality Act. 9. It will comply with all requirements imposed by the Conservancy concerning speciai provisions of law, and program requirements. • Exhibit 4 INDEMNIFICATION AND STANDARD PROVISIONS I. The Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materiaimen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this contract. The_. Grantee,- and_.ther agents--and- employees- of Grantees i n the- performance - of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. 3. The State may terminate this Agreement and be relieved of the payment of any consideration to Grantee should Grantee fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Grantee under this Agreement, and the balance, if any, shall be paid the Grantee upon demand. 4. Without the written consent of the State, this Agreement is not assignable by Grantee either in whole or in part. 5. Time is the essence of this Agreement. 6. No alteration or variation of the terms of this contract thall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. • EXHIBIT 5 NONDISCRIMINATION CLAUSE (OCP - 2) • 1. During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sex. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.5) and the regulations or stand- ards adopted by the awarding State agency to implement such article. 3. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement, 4. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. STD. 17B (NEE 5-83)